Tenant Rights in Texas: Mold, Habitability, and the Duty to Repair

Renting a home or apartment in Texas comes with certain legal protections, particularly concerning the safety and livability of the property. When a rental unit develops severe issues like mold, plumbing failures, or a lack of hot water, it can quickly become an unlivable environment. Understanding your rights as a tenant and the specific procedures required by Texas law is essential for getting these problems resolved.

At Nixon Law PLLC, we represent tenants in Houston and across Texas who are dealing with unresponsive landlords and uninhabitable living conditions. Here is what you need to know about habitability, repairs, and landlord retaliation under Texas law.

The Implied Warranty of Habitability

In Texas, landlords are required to provide a safe and healthy living environment. Under Section 92.052 of the Texas Property Code, a landlord must make a diligent effort to repair or remedy any condition that “materially affects the physical health or safety of an ordinary tenant.”

This standard generally covers severe issues such as:

• Lack of hot water or heating
• Sewage backups
• Severe pest infestations (like rats or roaches)
• Significant roof leaks
• Faulty electrical wiring

What About Mold?

Mold is a common concern for tenants, especially in humid climates like Houston. Texas law does not have a specific statute that explicitly mandates “mold remediation.” However, if the mold is severe enough that it poses a threat to the physical health or safety of an ordinary tenant, it falls under the landlord’s general duty to repair. Furthermore, landlords are responsible for fixing the underlying causes of the mold, such as leaking pipes or a damaged roof.

How to Properly Request a Repair

To trigger the landlord’s legal obligation to make repairs, you must follow specific steps outlined in Section 92.056 of the Texas Property Code. Failing to follow these steps precisely can severely limit your legal options.

1. Be Current on Rent: You must be completely up-to-date on your rent payments when you give notice of the needed repair.
2. Give Proper Notice: You must notify the landlord of the condition. While verbal notice is sometimes sufficient, it is always best to provide written notice. If you send the written notice via certified mail, return receipt requested, or another trackable method, you only need to send one notice.
3. Allow a Reasonable Time: You must give the landlord a “reasonable time” to fix the problem. Texas law generally presumes that seven days is a reasonable time, though this can vary depending on the severity of the issue and the availability of parts and labor.
4. Second Notice (If Necessary): If you did not send the first notice via certified mail or a trackable method, you must send a second written notice after the reasonable time has passed, and give them another reasonable period to fix the issue.

Tenant Remedies: Repair and Deduct, or Terminate

If you have followed all the required steps and the landlord still refuses to make the repair, you may have several options under Texas law:

• Terminate the Lease: You may have the right to terminate the lease and move out without penalty.
• Repair and Deduct: Under Section 92.0561 of the Texas Property Code, you may be able to hire a professional to make the repairs and deduct the cost from your next rent payment. Warning: This remedy has extremely strict requirements and limitations. Do not attempt to repair and deduct without first consulting an attorney, as doing it incorrectly can result in eviction and financial penalties.
• File a Lawsuit: You can file a “repair and remedy” lawsuit in justice court to ask a judge to order the landlord to make the repairs and potentially award damages.

Important Note: Texas law explicitly prohibits tenants from simply withholding rent because a landlord refuses to make repairs. Withholding rent is illegal and can lead to eviction and financial penalties.

Protection Against Landlord Retaliation

Many tenants hesitate to demand repairs for fear of being evicted or having their rent raised. Fortunately, Section 92.331 of the Texas Property Code protects tenants from retaliation. A landlord may not retaliate against a tenant for exercising their legal rights, requesting repairs, or complaining to a government agency about code violations. Prohibited retaliatory actions include filing an eviction, decreasing services, or raising rent within six months of the tenant’s protected action.

Get Help from a Texas Tenant Rights Attorney

Dealing with an unresponsive landlord and an unsafe living environment is stressful. If you have followed the proper procedures and your landlord still refuses to make necessary repairs, you need legal representation.

The attorneys at Nixon Law PLLC can help you enforce your rights, navigate the repair and deduct process safely, or pursue legal action against a negligent landlord.

Contact Nixon Law PLLC today at 713-482-1523 or visit nixon-law.com to schedule a consultation.