Your Right to Habitable Housing in Texas
Updated 4 days ago (March 7, 2026)
Landlord's Duty to Repair
Texas Property Code Section 92.052 requires landlords to make diligent efforts to repair conditions that materially affect the physical health or safety of an ordinary tenant. This duty applies when the tenant provides notice of the condition, the tenant is not delinquent on rent at the time of notice, and the condition was not caused by the tenant or the tenant's household members or guests.
The duty covers a broad range of conditions including plumbing leaks, electrical hazards, broken heating or cooling systems, pest infestations, structural issues, and any condition that could endanger health or safety. Texas courts have interpreted "materially affect physical health or safety" broadly to include conditions creating a substantial risk of harm, not just conditions that have already caused injury.
The landlord must repair the condition within a reasonable time after receiving notice. What constitutes reasonable time depends on the nature and severity of the issue. A gas leak or broken water pipe requires immediate attention, while a malfunctioning garbage disposal might allow several days. The law requires the tenant to give notice, typically in writing, and allow the landlord reasonable time to respond.
The Repair-and-Deduct Process
Under Section 92.0561, after the landlord has had reasonable time to repair and has failed to do so, the tenant can have the repair made and deduct the cost from rent. However, Texas imposes strict procedural requirements. You must send a second written notice to the landlord specifically requesting the repair, delivered by certified mail, return receipt requested, or registered mail.
After the second notice, the landlord has a reasonable time to respond (generally 7 days for normal conditions, less for emergencies). If the landlord still fails to repair, you can proceed with the repair. The repair must be performed by a qualified contractor, and the cost must be reasonable. Keep all receipts and invoices as documentation.
Alternatively, under Section 92.056(e), you can terminate the lease if the landlord fails to make required repairs after proper notice. This is a powerful remedy when the condition is severe enough to affect health or safety but the landlord refuses to act. Lease termination releases you from further rent obligations and the landlord must refund any prepaid rent and the security deposit.
Utility Cutoff Protections
Texas provides specific protections against utility interruptions. Under Property Code Section 92.008, a landlord may not interrupt utility service to a tenant except for bona fide repairs, emergencies, or nonpayment of utility charges when the landlord bills the tenant directly. Intentional interruption of utilities as a way to force a tenant out is a form of illegal self-help eviction.
If your landlord is responsible for utilities and allows them to be disconnected, you may have remedies under Section 92.301. A tenant who suffers utility interruption caused by the landlord's failure to pay can recover actual damages, one month's rent or $500 (whichever is greater), reasonable attorney fees, and court costs. The landlord may also face criminal penalties.
Texas utility companies cannot disconnect service during extreme weather events. The Public Utility Commission rules prohibit disconnection on days when the National Weather Service forecasts temperatures at or below 32 degrees Fahrenheit. This protection applies regardless of who is responsible for paying the utility bills.
Smoke Detector and Security Device Requirements
Texas has specific requirements for safety devices in rental units. Under Property Code Sections 92.251-92.262, landlords must provide and maintain working smoke detectors in each bedroom and on each level of the unit, and replace batteries as needed. The tenant must not disable or remove smoke detectors. If your smoke detector is not working, notify the landlord immediately in writing.
Section 92.153 requires landlords to install specific security devices on exterior doors, including a deadbolt lock, a door viewer (peephole), a keyless bolting device (night latch), and a sliding door security bar or pin lock. Exterior windows must have window latches. Failure to install required security devices after written request gives you the right to install them yourself and deduct the cost, or terminate the lease.
If you are a victim of family violence, you have additional rights under Section 92.016 to have your locks changed at the landlord's expense. You must provide documentation such as a protective order or police report. The landlord must change the locks within 24 hours of receiving the request and documentation.
Legal References
Legal Disclaimer: Tellus provides this content for informational purposes only. This is not legal advice. Laws vary by state and locality, and regulations may have changed since this article was published. Consult a qualified attorney for guidance specific to your situation.