Tenants sometimes ask if they can stop paying rent if their landlord isn't making repairs, but simply withholding some or all of the rent isn't an option under the law.
In fact, it can make the tenant liable to the landlord for one month's rent plus $500 and attorney's fees. Texas Property Code Section 92.058 says that a landlord can recover damages from the tenant if they violate the law by:
If the tenant withholds rent or proposes a repair that isn't covered under Chapter 92, Subchapter B, the landlord must notify the tenant in writing that their actions are illegal. There are specific requirements for the notice in Section 92.058.
If the tenant continues these actions, the landlord can file a lawsuit against the tenant. If the tenant loses the lawsuit, they would have to pay the landlord:
Section 92.0561 allows a tenant to make repairs and deduct the cost of the repairs from a subsequent rent payment. This method has very strict requirements. See the Repair & Deduct Remedy box for details.
If the tenant doesn't follow the right steps or attempts to deduct the cost of a repair that isn't covered by the law, they could be liable for the penalties in Section 92.058.
In some cases, the landlord may fail to make repairs even after the tenant has followed all the required steps. If so, Section 92.056(e) of the Texas Property Code says the tenant may be able to:
Read the boxes below for more information on each of these options.
It's important to note that these remedies are only available when the tenant has taken all the required steps for requesting repairs. Not all types of repairs qualify for these remedies.
If the tenant follows all steps for requesting repairs and the landlord won't fix the issue, the tenant can ask the court to order the landlord to make the repairs.
These types of lawsuits are called "repair and remedy" cases and are filed in the justice of the peace courts. Laws governing these suits are in Texas Property Code Section 92.0563.
If the tenant wins their lawsuit against the landlord, the court can order the landlord to:
There is no official Texas petition form for a repair and remedy case, but various legal aid groups have created their own templates for this process.
Some JP courts have created their own repair and remedy petitions. Below is a list of repair and remedy petitions in several of Texas's most populous counties.
If the landlord has not fixed the issue after the tenant has followed all the steps for requesting repairs in Texas Property Code Section 92.056, the tenant could have the condition repaired and deduct the costs of repairs from a subsequent rent payment.
This is known as the “repair and deduct" remedy. It has very strict requirements. Failure to follow the exact steps can have serious consequences, including late fees, civil penalties, and eviction.
If you're considering this option, it's a good idea to talk to a lawyer first. For more information on finding an attorney, please see the library's Legal Help page.
This option is only available in certain narrow circumstances described in Texas Property Code Section 92.0561:
Section 92.0561(d)(3) limits this option to a few eligible conditions such as:
The law also extends to other conditions confirmed by a local official to affect the health and safety of the tenant. In these cases, the tenant must have the local building or health inspector notify the landlord.
Some conditions are only eligible if the landlord agreed to provide working equipment in the lease.
Additionally, the amount of time the tenant must wait before proceeding with the repair is different for different conditions. Read the statute for details.
The tenant and landlord can also agree to use the repair and deduct option for other conditions according to Section 92.006.
Yes. The deduction costs must not exceed the amount of one month’s rent or $500, whichever is greater.
When deducting the cost of the repair from the rent, the tenant must provide the landlord with a copy of the repair bill and a receipt for its payment.
There are different requirements for subsidized housing. See the statute for more details.
The repairs must be made by a repairman listed in the business pages of the phone directory or the classified ads of a local newspaper.
Unless the landlord and tenant agree otherwise, the repairs cannot be made by the tenant or their immediate family. It also cannot be made by the tenant’s employer, employees, or a company in which the tenant has an ownership interest in.
In some cases, yes. After the tenant gives notice, Section 92.0562 gives the landlord the option to provide the tenant with an "affidavit for delay." If the landlord does this, the tenant must wait to arrange repairs.
See Section 92.0562 for more details about the landlord's affidavit process.
In most cases, no. Section 92.006 says a landlord's duties can only be waived in a written lease under certain narrow circumstances.
In some cases, the tenant could be responsible for paying for some repairs. Your lease should say if you are responsible for paying for repairs. Check the statute and your lease for details.
If a landlord illegally waives their duty to repair, they could face the penalties described in Section 92.0563(b). The landlord could have to pay the tenant:
If a tenant makes repairs and/or deducts rent in violation of the law, Section 92.058 says that the landlord could recover actual damages from the tenant.
If the landlord notified the tenant in writing that their actions were illegal and the tenant proceeds anyway, the landlord could sue the tenant for one month's rent plus $500.
Texas Property Code Section 92.056(e)(1) does allow a tenant to end their lease in some cases, but there are some things to consider before choosing this option.
Section 92.056(b) says that a tenant must first follow all steps for requesting repairs before this is an option. This includes:
Check out the Repairs page of this guide for more details about the required steps.
Ending the lease early can be tricky. Many tenants' rights organizations caution against this option. The landlord might claim that the tenant hasn't properly followed all the steps or that the condition isn't covered by the repairs law. They may try to sue the tenant for unpaid rent or report it to a credit reporting agency, or both.
If you aren't sure what to do, we recommend speaking to a lawyer or legal aid group for help. For more information on finding an attorney, please see the library's Legal Help page.
If a tenant opts to end their lease, 92.056(f) states that the tenant is entitled to:
If a tenant terminates the lease, they are not entitled to the other failure to repair remedies. This includes the repair and deduct remedy in Section 92.0561 and the option to file a repair and remedy lawsuit in Section 92.0563.