Tenant Repair Laws in Texas
In Texas, a tenant may repair and deduct up to one month's rent or $500, whichever is greater, after required notices and a reasonable time (presumed 7 days), but may not withhold rent.
Last checked . General information, not legal advice.
Texas at a glance
- Repair and deduct
- Yes, up to one month's rent or $500
- The cap is whichever is greater. Only for listed serious conditions, after the required notices. Since September 1, 2025, an independent company, contractor or repairman must do the work.
- Rent withholding
- No
- Illegal withholding can make the tenant liable for damages and, in bad faith cases, a penalty of one month's rent plus $500.
- Landlord repair deadline
- Reasonable time (7 days presumed)
- Rebuttable presumption of a reasonable time. Shorter periods (immediately or 3 days) apply for sewage, flooding, water, heat or cooling.
The rules in Texas
Can a tenant repair and deduct the cost from rent in Texas?
Yes, up to one month's rent or $500. Repair and deduct in Texas: yes, up to one month's rent or $500. The cap is whichever is greater. Only for listed serious conditions, after the required notices. Since September 1, 2025, an independent company, contractor or repairman must do the work.
Can a tenant withhold rent or pay it into escrow for repairs in Texas?
No. Rent withholding in Texas: no. Illegal withholding can make the tenant liable for damages and, in bad faith cases, a penalty of one month's rent plus $500.
How long does a landlord have to make repairs after notice in Texas?
Landlord repair deadline in Texas: Reasonable time (7 days presumed). Rebuttable presumption of a reasonable time. Shorter periods (immediately or 3 days) apply for sewage, flooding, water, heat or cooling.
Where do the Texas tenant repair laws come from?
The rules above come from Tex. Prop. Code 92.056, Tex. Prop. Code 92.0561 and Tex. Prop. Code 92.058. Each source is linked on this page. We last checked them in October 2026.
Good to know
H.B. 2037 (2025) amended Tex. Prop. Code 92.0561(f), effective September 1, 2025, for leases entered into or renewed on or after that date, replacing the phone book or newspaper listing requirement for repair providers with an independent provider requirement.
What this means in practice
Give notice in writing and keep a copy. Tenant repair remedies usually start running only after the landlord has received notice of the problem, and a dated letter or email is the easiest way to prove when that happened.
Document the condition before and after. Photos, videos, inspection reports from a local code office and receipts for any repair work help show that the problem was serious and that any amount deducted or withheld matches the actual cost.
Stay current on everything else. Repair remedies generally protect only tenants who are not otherwise behind on rent and who did not cause the damage, and using a remedy the state does not allow can be treated as nonpayment of rent and lead to an eviction case.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.
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