Houston Tenant Repair Rights 2026–27: Texas Property Code Chapter 92 Notices, Deadlines, Repair-and-Deduct and Retaliation
Texas gives renters real repair rights, but it hands them out only to tenants who follow the steps in the right order. Get the order wrong, and the same move that was legal for your neighbor (deducting a plumber's bill from rent, for example) can expose you to a penalty. For Houston renters, the core rulebook is Texas Property Code Chapter 92, Subchapter B. Section 92.061 says its duties and remedies take the place of older common-law and other statutory warranties of repair, habitability and nonretaliation.
This guide walks through that rulebook as it reads on the Texas Legislature's statutes site, with notes from the Texas Attorney General's renters' rights page and local legal aid resources.
The Three Conditions for a Repair Duty
Under Section 92.052, a landlord must make a diligent effort to repair or remedy a condition when all three are true:
You told the landlord about the condition by giving notice to the person or place where you normally pay rent.
You were current on rent when you gave notice.
The condition materially affects the physical health or safety of an ordinary tenant, or it comes from the landlord's failure to keep a water heater able to supply hot water of at least 120°F.
What is excluded. Unless it is normal wear and tear, the landlord does not have to repair damage caused by you, another lawful occupant, a family member, or your guest. The landlord also does not have to supply utilities that are not reasonably available, or provide security guards.
Does the notice have to be in writing? Under § 92.052(d), only if your lease is in writing and requires written notice. In practice, put it in writing anyway: the next steps depend on proving when the landlord got it.
The Notice Ladder in Section 92.056
The landlord becomes liable to you under § 92.056(b) only after this sequence:
First notice to the place where rent is paid.
Either a second written notice after the landlord has had a reasonable time to fix it, or send the first notice by certified mail, return receipt requested, registered mail, or another tracked mail or delivery service. A tracked first notice takes the place of the second notice.
The landlord had a reasonable time to fix it and did not make a diligent effort.
You were not behind on rent when you sent any of the notices.
How long is "reasonable"? The statute presumes seven days is reasonable. That presumption can be rebutted based on when the landlord received the notice, how severe the problem is, and whether materials, labor and utilities are reasonably available. A broken air conditioner in August and a squeaky cabinet door are not treated the same.
When does the clock start? A notice counts as received when the landlord, an agent or an employee actually receives it, or when the U.S. Postal Service attempted delivery.
Tip: send the first notice by certified mail with return receipt and keep the receipt. That single step satisfies the "subsequent notice" requirement.
Your Four Options Once the Landlord Is Liable
Section 92.056(e) lists what you can do:
Remedy | What it means | Key limits |
Terminate the lease | End the lease and move | Pro rata rent refund; you can deduct your deposit from rent or get it refunded by law; but you give up repair-and-deduct and the court repair and rent-reduction orders |
Repair and deduct | Hire a repair and take it off rent | Strict conditions in § 92.0561 (below) |
Go to court | Ask a judge for repair orders and money | Justice, county or district court |
Combine court remedies | Repair order plus rent reduction and penalties | See § 92.0563 |
The statute also requires every lease to describe these remedies in underlined or bold print.
Repair and Deduct: The Narrow Path
Repair-and-deduct is the remedy tenants most often get wrong. Under § 92.0561:
How much you can deduct. The greater of one month's rent or $500, in any one month. If your rent is subsidized, "one month's rent" means the fair market rent set by the subsidizing agency, not your share.
All of these must be true first:
The landlord has a duty to repair under § 92.052, and you have not waived it in a lawful written lease clause.
You gave the notices required by § 92.056, and at least one of them said you intend to repair it yourself, with a reasonable description of the planned repair.
One of these situations exists:
raw sewage backup or overflow, or flooding from broken pipes or natural drainage inside the unit;
the landlord agreed to provide water and water service has totally stopped;
the landlord agreed to provide heating or cooling, it is producing inadequate heat or cooled air, and a local housing, building or health official has notified the landlord in writing that it materially affects health or safety;
a local housing, building or health official has notified the landlord in writing that the condition materially affects the health or safety of an ordinary tenant.
How fast you can act after your notice of intent to repair:
Sewage or flooding: immediately.
No water: if not fixed within three days.
Inadequate heat or cooling (with the official's written notice): if not fixed within three days.
Other health or safety conditions (with the official's written notice): if not fixed within seven days.
Who can do the work. An independent company, contractor or repair person, licensed if the city requires it. You, your immediate family, your employer or employees, or a company you have an ownership interest in cannot do the repair unless you and the landlord agree otherwise. Repairs to the foundation or load-bearing structure are not allowed under this remedy.
The risk. Under § 92.058, if you withhold rent or deduct for repairs in violation of the subchapter, the landlord can recover actual damages. If the landlord first warned you in writing that what you are doing is illegal and you go ahead in bad faith, the landlord can also get a civil penalty of one month's rent plus $500. Note that Chapter 92 does not authorize simply withholding rent; the remedy is deducting a qualifying repair cost.
Going to Court
Section 92.0563 lists what a judge can order:
the landlord to take reasonable action to make the repair;
a rent reduction from the date of the first repair notice, in proportion to the lost rental value, until the problem is fixed;
a civil penalty of one month's rent plus $500;
your actual damages; and
court costs and attorney's fees (except fees for a personal-injury damages claim).
A justice of the peace court is often the fastest route. The statute says it must hold the hearing no earlier than the 6th day and no later than the 10th day after the landlord is served, and may not award more than $20,000, excluding interest and court costs. The Attorney General's renters' page notes tenants can go to justice court without a lawyer to ask for a repair order.
Waiver clauses: if a landlord knowingly gets you to waive repair duties in a way § 92.006 does not allow, the landlord can owe actual damages, a civil penalty of one month's rent plus $2,000, and attorney's fees.
Protection From Retaliation
Under § 92.331, a landlord may not retaliate because you, in good faith:
used a right or remedy from your lease, an ordinance or a statute;
gave a repair notice or used a Chapter 92 remedy;
complained to a government code enforcement office, a utility, or a civic or nonprofit agency about a code violation or utility problem you believe in good faith is real; or
formed or joined a tenant organization.
For six months after that action, the landlord may not retaliate by filing an eviction (except on grounds allowed by § 92.332), cutting off your use of the unit, decreasing services, increasing rent, or other listed actions. Under § 92.333, you can recover a civil penalty of one month's rent plus $500, actual damages, court costs and attorney's fees, minus any rent you owe.
A Houston Renter's Checklist
Pay rent on time. Every remedy depends on not being delinquent when you send notice.
Send notice to the rent payment address describing each problem. Use certified mail, return receipt requested.
Document everything: dated photos and videos, copies of letters, receipts, texts.
Wait a reasonable time, presumed to be seven days.
Call in a local official if the problem involves health or safety. Houston's 311 line routes city service requests; a written notice from a housing, building or health official is required for some repair-and-deduct situations.
Choose a remedy. For most people, a justice court repair order is safer than self-help.
Get legal help if the landlord threatens eviction. Lone Star Legal Aid runs eviction defense services in Harris County.
If It Goes Wrong
Landlord says you were late on rent: pull bank or money order records showing payment before each notice.
Landlord says notice never came: a certified mail receipt or USPS attempted-delivery record counts as receipt.
Landlord sends a written warning that your deduction is illegal: stop and get legal advice before deducting; that warning is what opens the door to a penalty.
Eviction filed after you complained: raise retaliation under § 92.331 as a defense and bring your notice records.
More Help
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This guide gives general information, not legal advice. Repair-and-deduct has strict conditions; talk to a lawyer or legal aid before you deduct anything from rent.
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