Tex. Prop. Code Ann. §§ 92.001–92.355 § 92.056
LANDLORD LIABILITY AND TENANT REMEDIES; NOTICE AND TIME FOR REPAIR.
Operative Text
Sec. 92.056. LANDLORD LIABILITY AND TENANT REMEDIES; NOTICE AND TIME FOR REPAIR. (a) A landlord's liability under this section is subject to Section 92.052(b) regarding conditions that are caused by a tenant and Section 92.054 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 tenant's 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 tenant's notice under Subdivision (1) and, if applicable, the tenant's 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 tenant's notice under Subdivision (1) and, if applicable, the tenant's 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 tenant's notice when the landlord or the landlord's 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 tenant's 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;(3) deduct from the tenant's rent, without necessity of judicial action, the cost of the repair or remedy according to Section 92.0561; and(4) obtain judicial remedies according to Section 92.0563.(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 tenant's security deposit from the tenant's rent without necessity of lawsuit or obtain a refund of the tenant's security deposit according to law; and(3) not entitled to the other repair and deduct remedies under Section 92.0561 or the judicial remedies under Subdivisions (1) and (2) of Subsection (a) of Section 92.0563.(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. 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.
Texas Property Code § 92.056 establishes the conditions under which a landlord becomes legally liable to a tenant for failing to repair or remedy a condition that materially affects the health or safety of an ordinary tenant. Liability attaches only after the tenant has provided proper notice—and, in most cases, a follow-up notice or trackable-mail notice—and the landlord has failed to make a diligent repair effort within a reasonable time, with seven days serving as a rebuttable presumption of what is 'reasonable.' Once liability is established, the tenant may pursue several remedies, including lease termination, repair-and-deduct, or judicial relief, though electing to terminate the lease limits which other remedies remain available. Leases covered by this section must also contain bolded or underlined language informing tenants of these remedies.
Plain English — not legal advice.
Under Tex. Prop. Code § 92.056, compliant property operators typically maintain a clear, documented process for receiving and logging repair notices—whether delivered in person, by mail, or by trackable delivery—so that the clock on 'reasonable time' can be accurately tracked. Because seven days is presumed reasonable under subsection (d), operators generally prioritize health-and-safety repair requests promptly and document every step of the repair effort to demonstrate diligence. Leases should be reviewed to confirm they include the required underlined or bold-print disclosure of tenant remedies under this section and § 92.0561, as omitting that language creates a compliance gap.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tex. Prop. Code § 92.056 gives Texas tenants a structured path to hold a landlord accountable when a condition materially affecting health or safety goes unrepaired: the process begins with proper notice to the rent-payment address, followed—if needed—by a second written notice or use of trackable mail. Tenants who are current on rent and whose landlord still fails to act diligently after a reasonable period (presumed to be seven days) may be entitled to remedies such as lease termination with a pro-rata rent refund, repair-and-deduct under § 92.0561, or judicial remedies under § 92.0563. Tenants navigating this process may find it helpful to consult a local tenant-rights organization or legal aid office to understand which remedy path fits their circumstances.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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