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Landlord/Tenant Law

This legal research guide provides information about landlord and tenant law that is helpful to both the practitioner and the public looking for legal information.

Remedies for Failure to Repair

Can a Tenant Withhold or Deduct Rent If a Landlord Doesn't Make Repairs?

As outlined on the Repairs pageSection 92.056 of the Texas Property Code requires tenants to take certain steps to ask a landlord to make repairs. Until the tenant follows all the steps, they cannot do things like deduct the cost of repairs from their rent or end their lease.

Once a tenant has followed these procedures, Texas law allows them to deduct the cost of repairs from rent. However, they can only do this if the tenant notified the landlord of their intention to do so. Section 92.0561 of the Texas Property Code puts many restrictions on how much rent can be deducted and under what circumstances. Please read it thoroughly before taking any actions.

If a tenant followed the correct procedure and the landlord failed to make the repairs, the tenant can sue. Section 92.0563 of the Texas Property Code allows a judge to order the landlord to do any of the following:

Before withholding rent, deducting repairs from rent, or ending your lease, please be sure to follow the steps listed in the law exactly. If you do not do so, you may be liable to your landlord. Speaking with an attorney for advice is also recommended.

Please note that while most judgments in justice courts are capped at $20,000, judgments in cases where a landlord is being sued for failure to repair are capped at $10,000.

Texas Law

Understanding the Law