Texas Property Code
Sec. § 92.056
Landlord Liability and Tenant Remedies; Notice and Time for Repair

(a)

A landlords liability under this section is subject to Section 92.052 (Landlords Duty to Repair or Remedy)(b) regarding conditions that are caused by a tenant and Section 92.054 (Casualty Loss) regarding conditions that are insured casualties.

(b)

A landlord is liable to a tenant as provided by this subchapter if:

(1)

the tenant has given the landlord notice to repair or remedy a condition by giving that notice to the person to whom or to the place where the tenants rent is normally paid;

(2)

the condition materially affects the physical health or safety of an ordinary tenant;

(3)

the tenant has given the landlord a subsequent written notice to repair or remedy the condition after a reasonable time to repair or remedy the condition following the notice given under Subdivision (1) or the tenant has given the notice under Subdivision (1) by sending that notice by certified mail, return receipt requested, by registered mail, or by another form of mail that allows tracking of delivery from the United States Postal Service or a private delivery service;

(4)

the landlord has had a reasonable time to repair or remedy the condition after the landlord received the tenants notice under Subdivision (1) and, if applicable, the tenants subsequent notice under Subdivision (3);

(5)

the landlord has not made a diligent effort to repair or remedy the condition after the landlord received the tenants notice under Subdivision (1) and, if applicable, the tenants notice under Subdivision (3); and

(6)

the tenant was not delinquent in the payment of rent at the time any notice required by this subsection was given.

(c)

For purposes of Subsection (b)(4) or (5), a landlord is considered to have received the tenants notice when the landlord or the landlords agent or employee has actually received the notice or when the United States Postal Service has attempted to deliver the notice to the landlord.

(d)

For purposes of Subsection (b)(3) or (4), in determining whether a period of time is a reasonable time to repair or remedy a condition, there is a rebuttable presumption that seven days is a reasonable time. To rebut that presumption, the date on which the landlord received the tenants 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.

(e)

Except as provided in Subsection (f), a tenant to whom a landlord is liable under Subsection (b) of this section may:

(1)

terminate the lease;

(2)

have the condition repaired or remedied according to Section 92.0561 (Tenants Repair and Deduct Remedies);

(3)

deduct from the tenants rent, without necessity of judicial action, the cost of the repair or remedy according to Section 92.0561 (Tenants Repair and Deduct Remedies); and

(4)

obtain judicial remedies according to Section 92.0563 (Tenants Judicial Remedies).

(f)

A tenant who elects to terminate the lease under Subsection (e) is:

(1)

entitled to a pro rata refund of rent from the date of termination or the date the tenant moves out, whichever is later;

(2)

entitled to deduct the tenants security deposit from the tenants rent without necessity of lawsuit or obtain a refund of the tenants security deposit according to law; and

(3)

not entitled to the other repair and deduct remedies under Section 92.0561 (Tenants Repair and Deduct Remedies) or the judicial remedies under Subdivisions (1) and (2) of Subsection (a) of Section 92.0563 (Tenants Judicial Remedies).

(g)

A lease must contain language in underlined or bold print that informs the tenant of the remedies available under this section and Section 92.0561 (Tenants Repair and Deduct Remedies).
Acts 1983, 68th Leg., p. 3635, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 650, Sec. 5, eff. Aug. 28, 1989; Acts 1997, 75th Leg., ch. 1205, Sec. 11, eff. Jan. 1, 1998.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 917 (H.B. 3101), Sec. 5, eff. January 1, 2008.
Acts 2015, 84th Leg., R.S., Ch. 1198 (S.B. 1367), Sec. 4, eff. January 1, 2016.
Source
Tex. Legislature
Last accessed
May. 25, 2020
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