What Texas landlords must repair
You don't have to fix everything, but what you do owe, you can't waive or delay. Here's the line, the clock, and how to stay protected.
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In Texas you don't have to fix everything, but the things you do have to fix, you can't waive, can't ignore, and can't drag your feet on. Getting the line wrong is where owners create liability.
The state's repair rules are specific: what triggers your duty, what the tenant must do first, how fast you have to act, and what happens if you don't. Knowing the framework protects you from both a dangerous property and an expensive lawsuit. Here's how it works.
What you're required to repair.
Under Texas Property Code Section 92.052, a landlord must repair conditions that materially affect the physical health or safety of an ordinary tenant, think no heat, no running water, sewage backups, dangerous electrical or structural problems, serious pest infestations. This duty generally cannot be waived in the lease; outside narrow exceptions in Section 92.006 that require specific, conspicuous lease language, a clause trying to sign it away is unenforceable.
A few conditions attach. The tenant has to actually give you notice, has to be current on rent when they do, and the problem can't have been caused by the tenant or their guests (ordinary wear and tear aside). Cosmetic issues and minor inconveniences that don't touch health or safety generally aren't covered, but the serious stuff is squarely on you. Texas also separately requires working smoke alarms and certain security devices, such as exterior door locks, keyless bolting devices, door viewers, and window latches. The security device duties and the duty to install smoke alarms can't be waived; smoke alarm inspection and repair can be waived only by a written agreement.
How fast you have to act.
Once a tenant gives proper notice (in writing, if your written lease requires it), you must make a diligent effort to repair within a reasonable time (Sections 92.052 and 92.056). The law sets a rebuttable presumption that seven days is reasonable. You can argue for longer based on severity and the availability of parts and labor, but seven days is the anchor. The clock starts when you (or your agent) receive the notice.
Notice is where cases are won or lost
The tenant's obligations here protect you if you handle them right. To preserve their remedies, a tenant generally must give notice to where rent is paid (in writing if the lease requires it), be current on rent, and, unless the first notice went by certified or other tracked mail, give a second written notice. As the owner, the smart move is the mirror image: respond to every repair request in writing, act promptly, and document the date received and the date resolved. That paper trail is your defense if the tenant later claims you ignored a health-and-safety condition.
What happens if you don't.
Ignore a valid, properly-noticed repair and the tenant gains real remedies under the code. They can pursue the "repair and deduct" option for certain serious conditions: paying to fix it and deducting the cost (capped at one month's rent or $500, whichever is greater), ask a justice court to order the repair, terminate the lease, or sue for damages, civil penalties, and attorney fees. And separately, Texas bars retaliation for six months after a tenant makes a good-faith repair request: you can't respond with an eviction, a rent hike, or reduced services.
None of that fires if you simply do the repair on time. The remedies exist for owners who don't, which is the whole reason to have a fast, documented process.
Fix the serious stuff, fast and on paper.
The rule of thumb: anything touching health or safety is your duty, it generally can't be waived, and roughly a week is your window once you're notified. Respond in writing, move quickly, and document start to finish. Do that and the tenant's remedies never come into play, and the property stays safe, which is the point.
Repairs and turns are also a cost center: see how they factor into what management runs in Texas. And good tenant screening means fewer tenant-caused problems to sort out in the first place.
Repairs answered fast, documented every time.
We take maintenance requests through the resident portal, dispatch vetted vendors, and log every request from received to resolved, so serious conditions get fixed inside the window and your file always holds up. If maintenance calls aren't how you want to spend your evenings, we handle them.
Talk to Alta ResidentialPrefer to talk it through? Call 214-775-0807, Monday to Friday, 8:30 AM to 5:30 PM.
Repairs, answered.
Under Property Code Section 92.052, you must repair conditions that materially affect a tenant's physical health or safety, like no heat or water, sewage problems, or dangerous electrical or structural issues. This duty generally can't be waived in the lease.
After proper notice, Section 92.056 requires a diligent effort within a reasonable time, with a rebuttable presumption that seven days is reasonable. Severity and parts/labor availability can extend it.
Not by simply refusing to pay. That risks eviction. Texas provides specific remedies instead, including a regulated 'repair and deduct' option (capped at one month's rent or $500, whichever is greater) for certain serious conditions after proper notice.
No. Texas prohibits retaliation for six months after a good-faith repair request: you can't respond with an eviction, a rent increase, or reduced services because the tenant asked.
Related guides for Texas owners.
Sources: Texas Property Code Chapter 92 (Sections 92.052, 92.056, 92.0561, 92.331). This guide is general information for Texas rental owners, not legal advice. Statutes and their interpretation change. Confirm specifics with a licensed Texas attorney before acting. Alta Residential · 325 N. St. Paul St., Suite 3100, Dallas, TX 75201 · 214-775-0807.