Tex. Prop. Code Ann. §§ 92.001–92.355 § 92.264
DUTY TO REPAIR OR REPLACE.
Operative Text
Sec. 92.264. DUTY TO REPAIR OR REPLACE. (a) The landlord shall repair or replace a fire extinguisher at the landlord's expense if:(1) on inspection, the fire extinguisher is found:(A) not to be functioning; or(B) not to have the correct pressure indicated on the gauge or pressure indicator as recommended by the manufacturer of the fire extinguisher; or(2) a tenant has notified the landlord that the tenant has used the fire extinguisher for a legitimate purpose.(b) If the tenant or the tenant's invited guest removes, misuses, damages, or otherwise disables a fire extinguisher:(1) the landlord is not required to repair or replace the fire extinguisher at the landlord's expense; and(2) the landlord is required to repair or replace the fire extinguisher within a reasonable time if the tenant pays in advance the reasonable repair or replacement cost, including labor, materials, taxes, and overhead. Added by Acts 2011, 82nd Leg., R.S., Ch. 257 (H.B. 1168), Sec. 6, eff. September 1, 2011. SUBCHAPTER G. UTILITY CUTOFF
Under Tex. Prop. Code § 92.264, landlords are required to repair or replace a fire extinguisher at their own cost when an inspection reveals it is not functioning or shows incorrect pressure, or when a tenant reports having used it for a legitimate purpose. However, if a tenant or their invited guest removes, misuses, or damages the extinguisher, the cost responsibility shifts: the landlord must still restore the extinguisher within a reasonable time, but only after the tenant pays the estimated repair or replacement cost upfront. This provision establishes a clear framework for who bears financial responsibility depending on why the fire extinguisher needs attention.
Plain English — not legal advice.
Property owners and managers operating under Tex. Prop. Code § 92.264 generally conduct periodic inspections of fire extinguishers to verify that each unit is functioning and shows correct pressure as recommended by the manufacturer. When a tenant reports using an extinguisher for a legitimate purpose, compliant operators arrange repair or replacement at the landlord's expense without delay. When damage or removal is attributable to a tenant or their guest, operators typically document the circumstances and collect the reasonable repair or replacement cost—including labor, materials, taxes, and overhead—before scheduling the work.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tex. Prop. Code § 92.264 gives tenants the right to notify their landlord when a fire extinguisher has been used for a legitimate purpose, triggering the landlord's obligation to repair or replace it at no cost to the tenant. If a fire extinguisher is found to be non-functioning or showing incorrect pressure during an inspection, the landlord is similarly responsible for the expense. Tenants who believe a landlord is not meeting these obligations may consider raising the violation as a defense in relevant proceedings, filing a complaint with a local housing or code-enforcement authority, or reaching out to a tenant-rights organization for general guidance on next steps.
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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