If the repair is yours to pay
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Default rule and exceptions
Texas landlords must make a diligent effort to repair conditions that materially affect an ordinary tenant's health or safety, or a broken hot-water heater, once properly notified, under Property Code Section 92.052.
| Party | What they are responsible for |
|---|---|
| Landlord | Make a diligent effort to repair or remedy a condition that materially affects the physical health or safety of an ordinary tenant, once the tenant gives proper notice and is not delinquent on rent (Prop. Code Section 92.052). |
| Tenant | Give proper written notice and stay current on rent to trigger the duty; conditions caused by the tenant, their family, or guests are excluded from the landlord's repair duty (Section 92.052(b)). If the landlord is liable and fails to act, the tenant may terminate the lease, repair-and-deduct, or seek judicial remedies (Section 92.056(e)). |
| Exceptions | Unless caused by normal wear and tear, the landlord has no duty to repair a condition caused by the tenant, a lawful occupant, a family member, or a guest/invitee of the tenant (Section 92.052(b)). |
What the source says
Last verified against the primary source on Sep 13, 2026.
A landlord shall make a diligent effort to repair or remedy a condition if: (1) the tenant specifies the condition in a notice to the person to whom or to the place where rent is normally paid; (2) the tenant is not delinquent in the payment of rent at the time notice is given; and (3) the condition: (A) materially affects the physical health or safety of an ordinary tenant.
Unless the condition was caused by normal wear and tear, the landlord does not have a duty during the lease term or a renewal or extension to repair or remedy a condition caused by: (1) the tenant; (2) a lawful occupant in the tenant's dwelling; (3) a member of the tenant's family; or (4) a guest or invitee of the tenant.
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.
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Common questions
Who pays for rental / landlord-tenant repair in Statewide, TX?
The landlord. Make a diligent effort to repair or remedy a condition that materially affects the physical health or safety of an ordinary tenant, once the tenant gives proper notice and is not delinquent on rent (Prop. Code Section 92.052).
Are there exceptions in Statewide, TX?
Unless caused by normal wear and tear, the landlord has no duty to repair a condition caused by the tenant, a lawful occupant, a family member, or a guest/invitee of the tenant (Section 92.052(b)).
What is this based on for Statewide, TX?
This verdict is sourced to Property Code Section 92.052 (landlord's duty to repair or remedy) and 3 sources in total, each independently re-checked before publication.
Sources
- Property Code Section 92.052 (landlord's duty to repair or remedy)statute · verified-primary · accessed 2026-09-13
- Property Code Section 92.052(b) (tenant-caused conditions excluded from landlord's duty)statute · verified-primary · accessed 2026-09-13
- Property Code Section 92.056(e) (tenant remedies once landlord is liable)statute · verified-primary · accessed 2026-09-13
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