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Unlike other states, tenants in Texas must notify their landlord about the problem that's making their rental uninhabitable before the warranty goes into effect.
Generally, the implied warranty of habitability requires a landlord to maintain their rental property in a manner that makes it livable. However, each state interprets the warranty somewhat differently. While there is a warranty of habitability in Texas, it's pretty open-ended—and requires action on the tenant’s part before it applies.
Texas’s warranty of habitability is relatively broad
Although the warranty of habitability is defined by Texas state law, it still leaves a lot of room open for interpretation. Instead of including a list of specific requirements for habitable rental units—such as a functional plumbing system or a working lock on the front door—Texas law simply states that landlords have to fix anything that “materially affects the physical health or safety of an ordinary tenant."1 The one exception is for hot water supply. State statutes do note that any problem arising from a landlord's failure to provide a hot water supply at a minimum of 120°F is definitely a breach of the warranty.
Texas’s warranty of habitability is contingent on three things
In most states, the warranty of habitability applies no matter what. This isn’t the case in Texas, where a tenant must inform their landlord of the problem before the warranty goes into effect. For a tenant to successfully use the warranty of habitability as a defense in court, three conditions must be met:2
- The tenant must notify the landlord of the problem
- The tenant can't be behind on rent at the time notice is given
- The problem must either a) materially affect the physical health or safety of an ordinary tenant or b) arise from the landlord's failure to supply hot water at a minimum temperature of 120°F
There are some scenarios in which the warranty doesn’t apply
A landlord isn't required by law to repair an issue caused by a tenant or their guests, family members, or pets.3 Also, if the repairs were caused by a casualty loss—something like a hailstorm, a flood, or a fire—a landlord doesn't have to make a repair until they receive the insurance money.4
Landlords have seven days to make repairs
Although the warranty is relatively open-ended about which issues constitute a breach, Texas law is very specific about what is considered a “reasonable” amount of time to make repairs. Landlords have seven days to repair the problem—or explain why they can’t—before a tenant can exercise one of three remedies available to them by law. This period may be shorter, however, if the problem with the rental is very severe.5
Tenants have several options to deal with a breach of the warranty
If a tenant has informed their landlord of the breach, waited seven days, and the problem persists, they can respond in one of several ways. First, a tenant could “repair and deduct”—that is, make the necessary repairs themselves and take the cost out of their next monthly rent payment. Or, a tenant could terminate their lease and claim constructive eviction if their landlord ends up suing them for unpaid rent.
Finally, a tenant could take their landlord to court and pursue one of five judicial remedies6 allowed:
- A court order directing the landlord to take reasonable steps to repair the condition
- A court order that reduces the tenant’s rent according to the decreased rental value resulting from the condition
- A judgment for one month’s rent plus $500
- A judgment for the amount of the tenant’s actual damages
Court costs and attorneys’ fees excluding those relating to recoveries for personal injury
If the tenant wins the case, the court cannot award them more than $10,000 (including repair costs, but excluding interest and court costs).7
Related articles
How to Request a Repair from Your Landlord
How Long Does My Landlord Have to Make Repairs?
Can I Withhold Rent Until My Landlord Makes Repairs?
Can I Deduct Repair Costs From My Rent?
[1] Texas Property Code § 92.052(a)
[2] Texas Property Code § 92.052(a)
[3] Texas Property Code § 92.052(b)
[4] Texas Property Code § 92.054
[5] Texas Property Code § 92.056(d)
The information provided on this website does not, and is not intended to, constitute legal advice.
I'm well-versed in the implied warranty of habitability, particularly in the context of Texas state law. Texas has an interesting take on this concept, diverging from some other states in its implementation. The implied warranty of habitability is a legal doctrine that obligates landlords to maintain rental properties in a livable condition.
In Texas, the warranty is quite broad, emphasizing the landlord's responsibility to address issues that significantly impact a tenant's health or safety. The state doesn't lay out specific requirements for habitable units but rather focuses on what materially affects an average tenant's well-being.
To activate this warranty, tenants in Texas must follow a specific protocol. They need to notify the landlord of the problem, ensuring they're up-to-date on rent payments when issuing the notice. The issue must be substantial enough, either affecting health or safety or arising from a lack of hot water supply meeting specific temperature requirements.
However, there are exceptions. Landlords aren't obligated to fix problems caused by tenants, their guests, family, or pets. Additionally, repairs resulting from events like natural disasters may delay the landlord's responsibility until insurance claims are processed.
Once notified, landlords have seven days to address the problem or provide a valid explanation for the delay. If they fail to do so, tenants have recourse. They can either make the repairs themselves and deduct the costs from rent, terminate the lease claiming constructive eviction, or take legal action.
Legal remedies in Texas include court orders for repairs, rent reduction, monetary judgments, or recovering damages and legal fees within certain limits.
To understand these concepts better, it's essential to refer to the Texas Property Code sections:
- Tenant's notice requirement: Texas Property Code § 92.052(a)
- Exceptional cases: Texas Property Code § 92.052(b)
- Repairs delayed by casualty loss: Texas Property Code § 92.054
- Timeframe for repairs: Texas Property Code § 92.056(d)
- Available remedies for tenants: Texas Property Code § 92.0563
- Limitations on court awards: Texas Property Code §92.0563(d) and (e)
Understanding these sections helps tenants and landlords navigate their rights and obligations within the framework of Texas law regarding the warranty of habitability.
This legal framework ensures that tenants can maintain habitable living conditions and seek remedies if landlords fail to uphold their responsibilities.
