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. 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. The 7-Day Presumption (Sec. 92.056)

Texas law establishes a rebuttable presumption that 7 days is a "reasonable time" for a landlord to repair a condition. The statute does not mandate strict "3-day" or "immediate" deadlines for specific issues. Instead, to rebut the 7-day presumption, courts consider the severity and nature of the condition, the date notice was received, and the reasonable availability of materials and labor.

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

If a landlord fails to remedy a health/safety condition within a reasonable time, 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.
• Professional Requirement: The tenant must hire a company, contractor, or repairman. They cannot do the work themselves or use family members.
• 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 7-day period expires before they can legally hire a contractor.

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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