RenterTexas Property Code § 92.052: The Duty to Repair, Explained
If you typed a section number rather than a question, this page is for you. Below is Texas Property Code Chapter 92, Subchapter B — the repair statute — set out section by section, with the deadlines and dollar figures brought to the front.
There is one thing worth knowing before the detail, because it changes how you read everything else. The § 92.052 duty is conditional. It is not a standing obligation a landlord owes at all times. It switches on only when the tenant has done specific things in a specific way, and most failed Texas repair claims fail on those conditions rather than on the condition of the property.
The subchapter at a glance
| Section | What it does | The number to remember |
|---|---|---|
| § 92.052 | Creates the duty to repair | Conditions materially affecting health or safety |
| § 92.056 | Notice conditions and the landlord’s liability | 7 days presumed reasonable |
| § 92.0561 | Repair and deduct | 1 month’s rent or $500, whichever is greater |
| § 92.0563 | Judicial remedies | Repair order, rent reduction, damages, fees |
| § 92.058 | Landlord’s liability for delay | — |
| § 92.104 | Deposit deductions — a different subject | Frequently confused with the above |
§ 92.052: the duty, and its three conditions
The landlord must repair or remedy a condition that materially affects the physical health or safety of an ordinary tenant.
Two words in that phrase do a great deal of work. Materially excludes the cosmetic and the trivial. Ordinary sets the benchmark at a typical tenant rather than one with an unusual sensitivity — which matters in disputes about air quality, noise and allergens, where the question is what would affect an ordinary person rather than what affects you specifically.
Conditions that usually qualify: sewage backup, no running water, no heat in winter, a failed air-conditioning system in a Texas summer, exposed wiring, structural defects, active water intrusion, and pest infestations of the kind that carry health implications.
The three conditions on the duty:
Notice was given in the required manner. The tenant was not delinquent in rent when the notice was given. The condition was not caused by the tenant, a member of the tenant’s family, or a guest.
Miss any of those and the duty does not attach, however serious the problem is.
§ 92.056: the conditions, in detail
This is the section that decides most cases, so it repays careful reading.
Where the notice goes. To the person to whom, or the place where, your rent is normally paid. That is a specific requirement and not the same as telling a maintenance worker or filing a ticket in an app that is not the rent channel. Put it in writing and send it by certified mail or a tracked service so delivery is provable.
Rent must be current. The statute conditions the landlord’s liability on the tenant not being delinquent in rent when any required notice was given. Check this before you write, not after.
Then a reasonable time. Once proper notice is given, the landlord must repair within a reasonable time, and the statute supplies a rebuttable presumption that seven days is reasonable. The presumption moves in both directions: the severity of the condition, the availability of materials, and the availability of labour are the factors that shift it. A total loss of water argues for less than seven days; a specialist repair awaiting a part may justify more.
Then three remedies open. Terminate the lease, repair and deduct under § 92.0561, or sue under § 92.0563. Choosing termination gives up repair and deduct — they are alternatives, not a sequence.
§ 92.0561: repair and deduct, and its ceiling
The deduction may not exceed one month’s rent under the lease, or $500, whichever is greater.
The greater-of construction matters most at the bottom of the market. On a $1,250 tenancy the ceiling is $1,250. On a $400 room it is $500 rather than $400 — the floor exists so that a low rent does not leave a tenant with a meaningless remedy. Where rent is subsidised, the figure refers to the fair market rent rather than the tenant’s own payment.
The conditions are numerous and each can defeat the remedy on its own:
- The notice must have stated your intent to repair. This is a decision you have to make when you write the notice, before you know how the landlord will respond — so include it whenever there is any prospect you might use the remedy.
- The applicable waiting period must have elapsed. The statute treats different conditions differently, with sewage backups handled most urgently, interruptions to water or heating and cooling next, and other health-and-safety conditions requiring the longest wait.
- The work must be done by a company or tradesperson, not by you. You cannot bill your own labour.
- The repair must comply with applicable building codes.
- You must give the landlord the bills and receipts.
Get one wrong and the sum you deducted is simply unpaid rent — which is grounds for eviction, and a materially worse position than the one you were in before.
§ 92.0563: what a court can order
Where the amount at stake exceeds what a deduction can absorb, or the landlord will not engage at all, the judicial route allows a court to order the repair, reduce the rent in proportion to the reduced rental value of the property, and award actual damages, civil penalties and attorney’s fees, as well as terminating the lease.
The rent-reduction remedy is the one most tenants do not know exists, and it is often the most valuable: it addresses the months you paid full rent for a property that was not delivering full value.
§ 92.104 is a different question
A note for anyone who arrived here from a deposit dispute. Section 92.104 governs deductions from a security deposit, not the duty to repair. The two get conflated because both concern damage to a rental, but they operate at opposite ends of a tenancy and answer different questions.
If you want something fixed while you live there, § 92.052 is your section. If money was taken out of your deposit after you left, § 92.104 is.
On lease clauses that seem to remove all this
Texas restricts the circumstances in which the Subchapter B repair protections may be waived. A clause in your lease purporting to disclaim the landlord’s duty to repair conditions materially affecting health or safety should be read sceptically rather than accepted as the end of the matter. If your lease contains one, that is a reason to check the statute and take advice — not a reason to conclude you have no remedy.
Going deeper
Related reading: forcing repairs on your Austin rental for the process in practice, Texas mold landlord laws if the condition is mould, and Texas rent increase laws if a rent rise followed your repair request — that sequence engages the six-month retaliation window in § 92.331.
This page summarises Texas Property Code Chapter 92, Subchapter B as it stands in August 2026 and links to the official text at every point. It is general information, not legal advice for your situation. Verify the current statute before relying on it.
Key Texas Legal Terms, Defined
These are the exact statutory terms you'll encounter in Texas rental disputes, each linked to its official source.
- § 92.052 — the duty itself
- A landlord must repair or remedy a condition that materially affects the physical health or safety of an ordinary tenant. The duty is conditional: the tenant must have given notice, must not have been delinquent in rent when notice was given, and the condition must not have been caused by the tenant, the tenant's family or their guests. The benchmark is an ordinary tenant, not a particularly sensitive one.
- Source: Tex. Prop. Code § 92.052
- § 92.056 — notice, and the seven-day presumption
- Notice must go to the person to whom or the place where rent is normally paid. The tenant must not be delinquent in rent when any required notice is given. Once proper notice is given the landlord must act within a reasonable time, and the statute creates a rebuttable presumption that seven days is reasonable — rebuttable in either direction by the severity of the condition and the availability of materials and labour.
- Source: Tex. Prop. Code § 92.056
- § 92.0561 — repair and deduct
- The tenant may have the repair made and deduct the cost from rent, but the deduction may not exceed one month's rent under the lease or $500, whichever is greater. The work must be done by a company or tradesperson rather than by the tenant personally, must comply with applicable building codes, and the tenant must give the landlord the bills and receipts. Waiting periods apply before the remedy becomes available.
- Source: Tex. Prop. Code § 92.0561
- § 92.0563 — judicial remedies
- A court may order the landlord to make the repair, reduce the rent in proportion to the reduced rental value of the property, award actual damages, civil penalties and attorney's fees, and terminate the lease. This is the route where the sum at stake exceeds what a repair-and-deduct can absorb, or where the landlord will not engage at all.
- Source: Tex. Prop. Code § 92.0563
- § 92.104 — a different section people arrive at by mistake
- Section 92.104 governs deductions from a security deposit for damage, not the duty to repair. Searchers looking for the repair statute frequently land on it because both concern damage to a rental. If your question is about getting something fixed during the tenancy, § 92.052 is your section; if it is about what was taken out of your deposit at the end, § 92.104 is.
- Source: Tex. Prop. Code § 92.104
- Waivers are tightly limited
- The repair duties in Subchapter B are not freely waivable by a lease. Texas restricts the circumstances in which a tenant can give up these protections, and a lease clause purporting to disclaim the landlord's duty to repair conditions materially affecting health or safety should not be assumed to be effective. Read any such clause sceptically rather than treating it as the end of the matter.
- Source: Texas State Law Library — repairs
The Step-by-Step DIY Process
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Identify the condition in the statute's own terms
The test is whether the condition materially affects the physical health or safety of an ordinary tenant. Sewage, no running water, no heat in winter, exposed wiring, a failing air-conditioning system in a Texas summer, structural defects and water intrusion all sit comfortably inside it. Cosmetic complaints do not. Frame your notice in the statute's language rather than describing the inconvenience.
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Confirm you are current on rent before you write
Section 92.056 conditions the landlord's liability on the tenant not being delinquent when notice is given. This is checked first, not last, because a single late payment can remove the protection entirely. If you are behind, bring the account current and then serve notice — the alternative is handing the landlord a complete defence to an otherwise strong claim.
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Send notice to where rent is normally paid
The statute is specific about the recipient: the person to whom or the place where your rent is normally paid. A comment to a maintenance worker or a ticket in an app that is not the rent channel may not qualify. Put it in writing, describe the condition and its location precisely, and send it by certified mail or a tracked service so delivery can be proved.
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State your intent to repair if you may want that remedy
Repair and deduct under § 92.0561 requires that your notice stated your intent to repair. This is a drafting decision you have to make at the notice stage, before you know how the landlord will respond, so include it if there is any prospect you will use the remedy. Adding the sentence costs nothing; omitting it forecloses the option.
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Diarise the seventh day and record what happened
Seven days is presumed reasonable, and the presumption moves in both directions with the severity of the condition and the availability of materials and labour. On day seven, write down what has and has not been done. That contemporaneous note becomes the spine of any later claim, and it is far more persuasive than a recollection assembled months afterwards.
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Choose one remedy deliberately
Three doors open once a reasonable time has passed: terminate the lease with a prorated refund, repair and deduct under § 92.0561, or sue under § 92.0563. They are not all compatible — terminating gives up repair and deduct. Match the choice to the size of the problem and to whether you intend to stay in the property.
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If you repair and deduct, satisfy every condition
The remedy has more preconditions than anything else in the chapter, and each is capable of defeating it alone: notice stating intent to repair, the applicable waiting period elapsed, work done by a company or tradesperson rather than by you, compliance with building codes, bills and receipts provided to the landlord, and the deduction kept within one month's rent or $500, whichever is greater. Miss one and the amount you withheld is simply unpaid rent.
The Numbers: A Texas Scenario
The Numbers: A Worked Example
A worked example built from the statutory text, not a real client matter. Rent is $1,250. The air conditioning fails in July. The tenant, current on rent, sends written notice by certified mail on 3 July stating the condition and an intent to repair. Nothing happens by 10 July.
The figures below use real statutory formulas and current published fees; the scenario itself is an illustrative worked example, not a report of a specific case.
✅ What worked
- A failing air-conditioning system in a Texas July is a strong candidate for materially affecting the physical health or safety of an ordinary tenant.
- The invoice sits inside the § 92.0561 ceiling, so the whole cost is recoverable by deduction without any court process.
- Certified mail plus a rent-current position removes the two defences that most often defeat Texas repair claims.
❌ What I'd do differently
- The work must be done by a company or tradesperson — the tenant cannot do it and deduct the value of their own labour.
- If the invoice had exceeded the ceiling, the excess would have to be pursued under § 92.0563 rather than simply withheld.
- Getting the notice requirements wrong converts a lawful deduction into unpaid rent, which is grounds for eviction.
Questions Texas Renters Ask
What does Texas Property Code 92.052 say?
It imposes a duty on a residential landlord to repair or remedy a condition that materially affects the physical health or safety of an ordinary tenant. The duty is conditional rather than absolute: the tenant must have given notice in the required manner, must not have been delinquent in rent at the time notice was given, and the condition must not have been caused by the tenant, a member of the tenant's family, or a guest. The standard is an ordinary tenant, not one who is unusually sensitive.
How long does a landlord have to make repairs in Texas?
A reasonable time, with a rebuttable presumption under § 92.056 that seven days is reasonable. The presumption can be rebutted in either direction: the severity of the condition, the availability of materials and the availability of labour all bear on it. A sewage backup or a total loss of air conditioning in summer supports a shorter period than a minor problem in a rarely used room.
How much can I deduct for repairs in Texas?
Under § 92.0561 the deduction may not exceed one month's rent under the lease or $500, whichever is greater. For a $1,250 tenancy the ceiling is $1,250; for a $400 room it is $500. The greater-of formula matters most at the low end of the market, where a straight one-month cap would leave very little.
Can I do the repair myself and deduct it?
No. Section 92.0561 requires the repair to be made by a company or tradesperson, and it must comply with applicable building codes. You cannot bill your own labour. This is one of the conditions people most often overlook, and getting it wrong turns what you withheld into unpaid rent, which puts your tenancy at risk.
What is the difference between 92.052 and 92.0561?
Section 92.052 creates the landlord's duty to repair. Section 92.0561 is one of the remedies available to the tenant when that duty is breached — arranging the repair yourself and deducting the cost from rent, subject to a ceiling and a list of conditions. In short, 92.052 is the obligation and 92.0561 is one of the three responses to it, alongside lease termination and a suit under § 92.0563.
Can my landlord make me waive the repair duty in the lease?
Not freely. Texas restricts the circumstances in which the Subchapter B repair protections can be waived, and a clause purporting to disclaim the landlord's duty to repair conditions materially affecting health or safety should not be treated as conclusive. If your lease contains one, that is a reason to check the statute and take advice rather than a reason to give up.
Do I have to keep paying rent while waiting for a repair?
Yes. Texas does not give a general right to withhold rent because a repair is outstanding, and doing so is the most common way tenants lose otherwise strong claims — § 92.056 conditions the landlord's liability on the tenant not being delinquent when notice was given. Use repair and deduct or the judicial remedies instead of simply not paying.
Is section 92.104 the same statute?
No, and searchers frequently confuse the two because both concern damage. Section 92.104 governs what a landlord may deduct from a security deposit at the end of a tenancy. Section 92.052 governs the duty to repair conditions during the tenancy. If your question is about getting something fixed, you want 92.052; if it is about money withheld from your deposit, you want 92.104.
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Imran Hussain
Renter-Rights Researcher & Publisher, RenterPlaybook
I research and document DIY rental-dispute procedures state by state — the exact statutes, deadlines, fees and court steps, each read in the official code rather than summarised from another site. A state goes live here only once its law has been read in full, which is why the list grows slowly. I am not a lawyer, and every guide says so; the goal is that you know exactly what to expect before you spend money on one.