Texas Tenant Repair and Deduct Rights and Timeline (Sec. 92.056)

A Texas landlord must "make a diligent effort to repair or remedy a condition" if the tenant gave notice to the person or place where rent is normally paid, was not delinquent in rent when giving it, and the condition materially affects the physical health or safety of an ordinary tenant (Tex. Prop. Code s. 92.052(a)). If the landlord then fails to act after a reasonable time (seven days is presumed reasonable), the tenant may terminate, repair and deduct, or seek judicial remedies, but only if every condition in s. 92.056(b) is met.

When the duty arises, and its limits: section 92.052

Section 92.052(a) requires all three of these:

1. the tenant specifies the condition in a notice to the person to whom or to the place where rent is normally paid;
2. the tenant is not delinquent in the payment of rent at the time notice is given; and
3. the condition either "materially affects the physical health or safety of an ordinary tenant" or arises from the landlord's failure to provide and maintain in good operating condition "a device to supply hot water of a minimum temperature of 120 degrees Fahrenheit."

Subsection (b): unless it was caused by normal wear and tear, the landlord has no duty to repair a condition caused by the tenant, a lawful occupant, a family member, or a guest or invitee. Subsection (c): the landlord need not furnish security guards, or utilities from a utility company whose lines are not reasonably available. Subsection (d): the notice must be in writing "only if the tenant's lease is in writing and requires written notice." Read s. 92.056(a) for further limits on liability.

When the landlord is liable: section 92.056(b)-(d)

A landlord is liable under the subchapter only if all six are true:

1. the tenant gave notice "to the person to whom or to the place where the tenant's rent is normally paid";
2. the condition materially affects the physical health or safety of an ordinary tenant;
3. the tenant gave a subsequent written notice after a reasonable time following the first notice, or sent the first notice by certified mail, return receipt requested, registered mail, or another tracked form of mail from the United States Postal Service or a private delivery service;
4. the landlord has had a reasonable time to repair after receiving the notice(s);
5. the landlord has not made a diligent effort to repair or remedy the condition; and
6. the tenant was not delinquent in rent when any required notice was given.

Under (c), a notice is received "when the landlord or the landlord's agent or employee has actually received the notice or when the United States Postal Service has attempted to deliver the notice to the landlord." Subsection (d): "there is a rebuttable presumption that seven days is a reasonable time. To rebut that presumption, the date on which the landlord received the tenant's notice, the severity and nature of the condition, and the reasonable availability of materials and labor and of utilities from a utility company must be considered." The text gives no counting rule for Chapter 92 (s. 24.0042 governs only Chapter 24).

Tenant remedies: section 92.056(e)-(f)

Once the landlord is liable, the tenant may (1) terminate the lease; (2) have the condition repaired under s. 92.0561; (3) deduct the repair cost "without necessity of judicial action," according to s. 92.0561; and (4) obtain the judicial remedies in s. 92.0563. A tenant who terminates is "not entitled to the other repair and deduct remedies under Section 92.0561 or the judicial remedies under Subdivisions (1) and (2) of Subsection (a) of Section 92.0563" (subsection (f)).

Repair and deduct: section 92.0561

• Cap, (b): "The tenant's deduction for the cost of the repair or remedy may not exceed the amount of one month's rent under the lease or $500, whichever is greater." Under (c), repairs may recur, but the monthly total may not exceed that figure.
• Prerequisites, (d): the landlord has a s. 92.052 duty that was not waived as s. 92.006 permits; the tenant gave the s. 92.056(b)(1) notice (and any subsequent notice), at least one stating the tenant intends to repair, with a reasonable description of the repair; and one of the four events in (d)(3) has occurred.
• Who does the work, (f): "an independent company, contractor, or repairman," licensed if the municipality requires. Unless the parties agree otherwise under (g), not the tenant, the tenant's immediate family, the tenant's employer or employees, or a company the tenant owns an interest in. No repairs to the foundation or load-bearing structural elements of a building with two or more dwelling units.
• Codes and paperwork, (h)-(j): applicable building codes (including any required permit) must be met, and the tenant must give the landlord the repair bill and receipt with the balance of the rent.

Timing under (e), once (d) is met: for sewage backup or overflow, or flooding from broken pipes or natural drainage inside the dwelling, the tenant may repair immediately after the notice of intent to repair. For total loss of potable water, or inadequate heat or cooling, that the landlord agreed in the lease to furnish (for heat or cooling, where an official has also notified the landlord in writing), the tenant may repair if the landlord has not fixed it within three days of that notice. For any other health-or-safety condition of which an official has notified the landlord in writing, seven days. A sworn landlord affidavit delivered before the tenant contracts for repairs can delay them (s. 92.0562); read its limits in the statute.

Judicial remedies: sections 92.0563 and 92.053

Section 92.0563(a) says the tenant's judicial remedies "shall include" an order to repair, a rent reduction from the date of the first repair notice in proportion to the reduced rental value, a civil penalty of one month's rent plus $500, actual damages, and court costs and attorney's fees, "excluding any attorney's fees for a cause of action for damages relating to a personal injury." Under s. 92.053 the tenant generally has the burden of proof, but a landlord who does not give a written explanation for delay by the fifth day after a written demand for one must prove a diligent effort and that a reasonable time did not elapse.

Worked example

A tenant current on rent gives oral notice of a health-or-safety condition where rent is normally paid on Monday, 19 October 2026. The presumed reasonable time ends Monday, 26 October. With no diligent effort, the tenant could give a subsequent written notice on Tuesday, 27 October at the earliest. Seven days after receipt is Tuesday, 3 November 2026. If there is still no diligent effort and the other (b) conditions hold, the (e) remedies are open.

Common mistakes

• Assuming all notice must be written. Section 92.052(d) requires writing only if the lease is written and requires it, but s. 92.056(b)(3) still calls for a subsequent written notice unless the first was sent by tracked mail.
• Giving notice while behind on rent (ss. 92.052(a)(2), 92.056(b)(6)), or treating seven days as fixed rather than a rebuttable presumption.
• Deducting more than the cap, or skipping the notice of intent to repair required by s. 92.0561(d)(2).

Sources

• Tex. Prop. Code s. 92.006 — Texas Legislature, Property Code
• Tex. Prop. Code s. 92.052 — Texas Legislature, Property Code
• Tex. Prop. Code s. 92.053 — Texas Legislature, Property Code
• Tex. Prop. Code s. 92.056 — Texas Legislature, Property Code
• Tex. Prop. Code s. 92.0561 — Texas Legislature, Property Code
• Tex. Prop. Code s. 92.0562 — Texas Legislature, Property Code
• Tex. Prop. Code s. 92.0563 — Texas Legislature, Property Code
• Tex. Prop. Code s. 24.0042 — Texas Legislature, Property Code

Related guides

• Texas Security Deposit Deadline Calculator (2026) (free tool)
• Texas Security Deposit Law: The 30-Day Rule and 'Surrender' (2026)
• Texas Forwarding Address Rule: Does the 30-Day Clock Start? (92.107)
• Texas Itemized Deposit List: What to Include and What Not to Deduct
• Texas Bad-Faith Deposit Penalty: $100 + 3x + Fees (s. 92.109)
• Texas Notice to Vacate vs. Notice to Pay Rent or Vacate After SB 38
• How to Count Days for a Texas Eviction Notice (s. 24.0042)
• Delivering a Texas Notice to Vacate in 2026: The Four Methods
• Texas Eviction Steps in 2026: Petition, Hearing, Writ of Possession
• Texas Late Fee Rules: Two-Full-Days Rule, Reasonable Fees (2026)
• Can a Texas Landlord Change the Locks Over Unpaid Rent? (s. 92.0081)
• Texas Landlord Notices by E-mail: s. 92.113 vs. Notice to Vacate
• Why Texas City Eviction Ordinances Can't Override the Property Code
• Texas Landlord Lock Rekeying After Tenant Turnover (Sec. 92.156)
• Texas Early Lease Termination for Family Violence or Military Orders
• Texas Smoke Alarm Installation and Repair: Landlord and Tenant Duties

Informational only, not legal advice. Statute text checked against the Texas Property Code (Chapters 1, 24, 91 and 92) as published by the Texas Legislative Council on October 5, 2026. Statutes change every legislative session and a court may read them differently than a summary does; for a dispute, an eviction or anything expensive to get wrong, talk to a Texas landlord-tenant attorney.