Texas Maintenance Rules: Repair and Deduct
Expert guide to landlord maintenance obligations in Texas, including the strict 7-day repair presumption and the 'Repair and Deduct' remedy.
Legal Disclaimer
This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.Information last verified: May 2026.
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:
- The tenant specifies the condition in a written notice to the person or place where rent is normally paid.
- The tenant is not delinquent in rent at the time notice is given.
- 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.
Back to Texas Overview.
Sources & Official References
Frequently Asked Questions
▶What are Texas landlord maintenance obligations and habitability standards?
Under Property Code §92.052, Texas landlords must repair conditions that materially affect the physical health or safety of an ordinary tenant, including plumbing, electrical systems, heating and cooling, roof leaks, security devices (deadbolts, window latches), pest infestations, and mold. Tenants can use the 'repair and deduct' remedy after giving written notice and waiting 7 days, with deductions capped at one month's rent or $500, whichever is greater.
▶What are the Texas landlord-tenant laws every property owner should know?
Texas rental law is governed by Property Code Chapter 92 for residential and Chapter 93 for commercial properties. Texas is one of the most landlord-friendly states — there's no rent control, no statutory cap on security deposits, and a streamlined 3-day notice eviction process. However, landlords still face strict obligations around habitability, security devices, and tenant disclosures under the Property Code.
Read the complete guide▶What is the Texas eviction process and how long does it take?
Texas eviction begins with a written Notice to Vacate — the default period is 3 days, though the lease may specify a different timeframe. After the notice expires, landlords file a forcible detainer suit in Justice Court. Under SB 38 (effective January 2026), electronic notice delivery is now permitted if agreed upon in the lease, constables must attempt service within 5 business days, and tenants have a 21-day appeal limit. The full process typically takes 3-6 weeks.
Read the complete guide▶Is there a security deposit limit in Texas?
No. Texas does not impose a statutory limit on security deposit amounts — landlords can charge whatever the market allows, though most charge one to two months' rent. Deposits must be returned within 30 days of the tenant surrendering the premises, with an itemized statement of any deductions. Since September 2021, landlords may also offer a monthly fee alternative in lieu of a traditional deposit.
Read the complete guide▶Does Texas have rent control or caps on rent increases?
No. Texas state law prohibits local governments from enacting rent control ordinances. Landlords can raise rent by any amount at the end of a lease term. During a fixed-term lease, rent cannot be increased unless the lease explicitly allows it. For month-to-month tenancies, 30 days' written notice is generally required before an increase takes effect.
Read the complete guide▶What is the grace period for late rent in Texas?
Texas mandates a 2-day grace period under Property Code §92.019 — landlords cannot charge late fees until rent has been unpaid for 2 full days after the due date. Late fees must be reasonable and stated in a written lease. For properties with 4 or fewer units, the cap is 12% of monthly rent; for larger properties, it's 10%. Late fees may include an initial charge plus a daily fee, but the total is treated as a single late fee.
Read the complete guide▶What disclosures must Texas landlords provide to tenants?
Texas landlords must disclose lead-based paint hazards (pre-1978 buildings), flood risk including 100-year floodplain status and whether the property has flooded in the past 5 years (since 2022), the identity and address of the landlord or agent, parking and towing policies for multi-unit complexes, tenant repair remedies in bold or underlined text, and early termination rights for family violence or military deployment.
Read the complete guide▶What are the Texas lease requirements for rental properties?
Texas recognizes both written and oral leases, though oral leases are only enforceable for terms of one year or less. Written leases must include late fee policies, tenant repair remedies (in bold or underlined text), security deposit terms, and landlord/agent contact information. Landlords must provide tenants with a signed copy within 3 business days of execution.
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