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Asking for repairs in a Texas rental: how to make sure it gets fixed
· 5 min read
Most repair requests are simple: you report it, it gets fixed. But when something serious goes wrong, it helps to know exactly how Texas law expects the process to work, so your request counts and you stay protected.
What a landlord has to repair
Texas requires a landlord to make a diligent effort to repair a condition that materially affects the physical health or safety of an ordinary tenant, such as no hot water, a sewage backup, a broken exterior lock, or a serious leak (§92.052). Landlords aren't required to fix damage caused by the tenant, household members or guests during the lease, unless it's normal wear and tear.
Three things that make your request count
- Send it to the right place. Give notice to the person or office where you normally pay rent. With a management company, that's usually the resident portal.
- Be current on rent. The landlord's duty to repair applies when the tenant isn't behind on rent at the time notice is given.
- Put it in writing. Texas only requires written notice if your lease says so, but a written request with photos and dates protects everyone.
How long is "reasonable"?
Texas law presumes that seven days is a reasonable time to make a repair (§92.056). That can be longer or shorter depending on how serious the problem is, when the notice was received, and whether parts, contractors and utilities are available. A burst pipe should move faster than a cosmetic issue. A special-order part may take longer.
If it still isn't fixed
If a health-or-safety repair isn't made after a reasonable time, send a second written notice. Alternatively, send your first notice by certified mail or another tracked delivery. After that, Texas law gives tenants specific remedies (§92.056):
- Ending the lease.
- In limited situations, having the repair made and deducting the cost from rent (§92.0561). Examples are sewage backups or flooding inside the home, a total loss of water the landlord agreed to provide, or when a local housing or health official has notified the landlord in writing. The deduction is capped at one month's rent or $500, whichever is greater.
- Going to court for an order to make the repair, a rent reduction, or damages.
Whatever happens, don't simply stop paying rent. Withholding rent outside the steps the law lays out can cost you your remedies and lead to an eviction filing.
Emergencies
For true emergencies like fire, gas smells, flooding or a total loss of power, call 911 or the utility first if there's any danger. Then call your landlord's emergency line and follow up in writing.
How we handle it
For homes managed by Wortham Property Management, repair requests go through the resident portal, where you can add photos and track progress. As a Texas Residential Leasing Specialist, I'd rather hear about a small drip today than a ruined floor next month, so please report early.
General information about Texas Property Code Chapter 92, not legal advice. Your lease and the statute control. For a dispute, talk with a local attorney.