# Is the Landlord Responsible for the Water Heater? (Rental Repairs) | Who Pays the Repair?

> A working water heater is part of the landlord's hot-water habitability duty nearly everywhere, absent tenant-caused damage.

**Who pays:** landlord

Landlord, a working water heater is baked into the hot-water habitability duty almost everywhere; Texas law names the exact minimum temperature.

**Boundary:** A working water heater falls under the hot-water habitability duty in the statutes quoted here; Texas law names the exact minimum temperature (120°F), and the duty shifts to the tenant only if tenant damage caused the failure.

**Exceptions:** Tenant-caused damage; Ordinary end-of-life failure (10-year expected life per HUD) is the landlord's cost

## Sources
- [Texas Property Code § 92.052](https://statutes.capitol.texas.gov/Docs/PR/htm/PR.92.htm) — "arises from the landlord's failure to provide and maintain in good operating condition a device to supply hot water of a minimum temperature of 120 degrees Fahrenheit." (accessed 2026-09-27)
- [HUD Handbook 4350.3 Rev-1, Appendix 5D (Sample Life Expectancy Chart)](https://www.hud.gov/sites/documents/hsg-06-01gapp5guid.pdf) — "Hot Water Heaters 10 years All units" (accessed 2026-09-27)
- [Appendix 5C/5D: Examples of Tenant Damage vs. Normal Wear and Tear; Sample Life Expectancy Chart](https://www.hud.gov/sites/documents/hsg-06-01gapp5guid.pdf) — "The costs an owner incurs for the basic cleaning and repairing of such items necessary to make a unit ready for occupancy by the next tenant are part of the costs of doing business. ... Hot Water Heaters 10 years All units" (accessed 2026-09-27)

_Last verified 2026-09-27. Source: Who Pays the Repair? — https://whopaystherepair.com/rules/landlord-responsible-water-heater/ — every claim checked against a primary source before publication (see /methodology/)._