Texas Maintenance Rules: Repair and Deduct

Legal Framework for Maintenance in Texas

In the state of Texas, landlord maintenance obligations are governed by Subchapter B of Chapter 92 of the Texas Property Code and are based on the 1978 Kamarath v. Bennett ruling. The law creates a specific "Warranty of Habitability," requiring landlords to repair conditions that materially affect the physical health or safety of an ordinary tenant.

1. The Landlord’s Duty to Repair (Sec. 92.052)

A landlord must make a diligent effort to repair or remedy a condition if:

1. The tenant specifies the condition in a written notice to the person or place where rent is normally paid.
2. The tenant is not delinquent in rent at the time notice is given.
3. The condition "materially affects the physical health or safety of an ordinary tenant."

2. Statutory Timelines for Repair and Deduct (Sec. 92.0561(a))

While Texas law establishes a rebuttable presumption that 7 days is a "reasonable time" for a landlord to repair a condition (Sec. 92.056), the "Repair and Deduct" remedy is triggered by specific deadlines based on the condition:

• Sewage Backup/Overflow: The tenant may repair and deduct immediately after giving notice of intent.
• Potable Water: The tenant may repair and deduct if the landlord fails to act within 3 days of notice.
• Heat/Air Conditioning: The tenant may repair and deduct if the landlord fails to act within 3 days of notice (provided a local official has also certified the health/safety risk).
• Other Health/Safety Conditions: The tenant must wait 7 days after notice before exercising the remedy.

3. The "Repair and Deduct" Remedy (Sec. 92.0561)

If a landlord fails to remedy a health/safety condition within the statutory timelines, the tenant may exercise the "Repair and Deduct" remedy.

• The One-Month Cap: The amount a tenant may deduct is capped at the amount of one month's rent under the lease or $500, whichever is greater. Under Sec. 92.0561(b), if rent is subsidized, the "one month's rent" cap is calculated based on the fair market rent of the unit, not the tenant's portion.
• Frequency Limit: Under Sec. 92.0561(g), a tenant may not exercise the repair and deduct remedy more than once in any six-month period.
• Professional Requirement: Repairs must be performed by a company or repairman listed in the yellow/business pages or local classifieds. The tenant, their family, or their employer cannot perform the work.
• Documentation: The tenant must provide the landlord with a copy of the repair bill and a receipt for payment when they pay the reduced rent.

Texas Maintenance Snapshot

Professional Advice: The "Certified Mail" Rule

To successfully use the "Repair and Deduct" remedy, a tenant must follow strict notice rules. If the tenant sends the initial notice via Certified Mail, Return Receipt Requested, they only need to send one notice. If they use regular mail, they must send a second written notice after the reasonable time has elapsed but before the tenant contracts for repairs.

How Landager Helps

Landager protects Texas landlords by providing an automated "Maintenance Countdown." The moment a tenant submits a health or safety request, our system flags the 7-day statutory window. We provide a portal for landlords to upload contractor invoices and communication logs, creating a "diligent effort" audit trail that can be used to defeat bad-faith "Repair and Deduct" claims in court.

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