In Texas, a landlord generally has about seven days to repair a broken air conditioner after receiving proper notice, but that is a rebuttable presumption, not a hard deadline. During a heat wave, a court can find that a much shorter window was reasonable. Once the landlord misses that reasonable time, you can hire your own repair crew and deduct the cost, sue in justice court, or terminate the lease, provided you gave notice the right way and your rent is current.
The Seven-Day Presumption and What Shrinks It
Texas Property Code Section 92.056(d) creates a rebuttable presumption that seven days is a reasonable time for a landlord to make a diligent effort to repair a reported condition.1State of Texas. Texas Property Code 92.056 – Landlord Liability and Tenant Remedies Either side can argue the window should be shorter or longer. A court weighs three things: the date the landlord received notice, the severity of the condition, and the reasonable availability of parts and labor.
During a Texas summer, severity does the heavy lifting. If indoor temperatures push past 90 degrees, a judge is far more likely to find that seven days was too long. On the other side, a landlord who can prove a rare compressor part is genuinely backordered and was ordered immediately may get more time. The landlord carries the practical burden of showing diligent effort.
Start documenting from day one. Log indoor and outdoor temperatures daily, keep every text, email, and letter, and note every contractor visit or no-show. That record is what makes or breaks the case if it ever reaches a courtroom.
When the Repair Duty Applies
Section 92.052 requires a landlord to make a diligent effort to repair any condition that materially affects the physical health or safety of an ordinary tenant, once the tenant gives proper notice and is current on rent.2State of Texas. Texas Property Code 92.052 – Landlord’s Duty to Repair or Remedy Air conditioning is not automatically classified as a required habitability item under state law. The duty attaches when a lack of cooling creates a genuine health or safety risk, which in Texas heat rarely takes long.
Your lease can settle the question on its own. If it says the landlord will provide and maintain air conditioning, that promise is enforceable regardless of indoor temperature. Read the lease for any clause on HVAC, appliances, or maintenance before you do anything else.
The repair duty does not apply when you, a household member, or a guest caused the problem. Section 92.052(b) exempts conditions that were not the result of normal wear and tear. Accidental damage or neglected filter changes can shift responsibility back to you. Texas also allows written agreements that assign some repair duties to the tenant, though a provision that tries to waive the landlord’s core safety obligations may not hold up.3Office of the Attorney General. Renter’s Rights
How to Give Notice the Right Way
Notice is where tenants most often lose weeks of leverage. Section 92.056(b) gives you two paths:
- Two-notice method: give a first notice to the person or place where you normally pay rent (oral is allowed unless your lease requires written), and if the landlord does not act within a reasonable time, follow with a second written notice.
- One-notice method: send a single notice by certified mail with return receipt requested, registered mail, or any other trackable mail through USPS or a private delivery service.
Certified mail is the cleanest option because it creates an indisputable delivery record, but the two-notice path is equally valid. Keep copies of the letter, mailing receipts, the return receipt card, and any parallel texts or emails.
Repair and Deduct
Once the landlord is liable under Section 92.056, one remedy is hiring a repair crew and deducting the cost from your next rent payment. The deduction cannot exceed one month’s rent or $500, whichever is greater, and you can use the remedy repeatedly as long as monthly deductions stay within that cap.4State of Texas. Texas Property Code 92.0561 – Tenant’s Repair and Deduct Remedies
For air conditioning, Section 92.0561(d)(3)(C) adds a higher bar. All three of the following must be true:
- The landlord expressly or impliedly agreed in the lease to furnish cooling equipment.
- The equipment is producing inadequate cooled air.
- A local housing, building, or health official has notified the landlord in writing that the lack of cooling materially affects the health or safety of an ordinary tenant.
The third requirement is the one people miss. You typically call your city’s code enforcement or housing inspection office and request an inspection; the inspector’s written notice to the landlord satisfies the condition. Without it, repair-and-deduct is not available for a cooling problem. After the official finding, once you have given the landlord notice that you intend to make the repair yourself, the landlord has three days to fix it before you can hire someone. At least one of your notices must describe the intended repair in reasonable detail.
Suing in Justice Court
If the repair-and-deduct path is too complicated or the cost exceeds the cap, you can sue in justice court. Section 92.0563 lets a judge award:5State of Texas. Texas Property Code 92.0563 – Tenant’s Judicial Remedies
- An order directing the landlord to repair the AC.
- A retroactive rent reduction from the date of your first repair notice, proportional to how much the broken AC reduced the value of your home.
- A civil penalty of one month’s rent plus $500.
- Actual damages, such as hotel stays, portable cooling units, or medical treatment tied to the heat.
- Court costs and attorney’s fees.
You do not need a lawyer to file, and the court can hear the case as soon as ten days after filing. The civil penalty alone often prompts a settlement.
Terminating the Lease
If you followed every notice step and the landlord still has not acted, Section 92.056(e) lets you terminate the lease. Termination entitles you to a pro-rata rent refund from the date you terminate or the date you move out, whichever is later, plus a security deposit refund under the normal rules.
Treat this as a last resort. Your notice paperwork needs to be airtight, your rent current, and your documentation of the landlord’s failure detailed. A landlord who disputes the termination may try to hold you responsible for the rest of the lease term, and your defense turns on proving you followed the statute exactly. Give written notice that states why you are terminating and the date you will vacate.
Local Ordinances
State law does not require air conditioning as a matter of habitability, but some Texas cities do. Dallas requires rental homes to be capable of maintaining a room temperature at least 15 degrees cooler than outside and never higher than 85 degrees in any habitable room. Houston has its own ordinance, with an exemption for units with screened windows. Rules across Texas cities range from full-time cooling requirements to seasonal ones to none at all.
If your city has an ordinance, a violation strengthens the argument that the condition materially affects health and safety, and it can produce the official written finding you need for repair-and-deduct. Call your local code enforcement office to find out what applies and to request an inspection.
Retaliation Protection
Some tenants avoid pushing for repairs because they worry about eviction. Section 92.331 bars a landlord from retaliating against you for exercising any right under Chapter 92, including giving a repair notice, complaining to a government agency, or participating in a tenant organization.6State of Texas. Texas Property Code 92.331 – Retaliation by Landlord
Retaliation includes filing an eviction, cutting services, raising rent, terminating the lease, or a pattern of conduct that interferes with your rights. The protection lasts six months from the date you took the protected action. Within that window, the landlord must prove any adverse action was for a legitimate, unrelated reason.
Medical Accommodations Under Federal Law
If you have a disability or medical condition that makes you especially vulnerable to heat, the Fair Housing Act adds another layer. A landlord’s refusal to make reasonable accommodations in policies or services when necessary for a person with a disability to use and enjoy a dwelling is discrimination.7Office of the Law Revision Counsel. 42 USC 3604 – Discrimination in the Sale or Rental of Housing For a tenant with a heat-sensitive condition such as multiple sclerosis, heart disease, or respiratory illness, prioritizing an AC repair or providing a temporary cooling unit can qualify.
Send the request in writing, explain that a medical condition requires a climate-controlled environment, and attach documentation from your doctor. The landlord can deny only if the accommodation creates an undue financial burden or fundamentally changes their operations, which is unlikely when the fix is repairing an existing system. This federal obligation applies on top of state repair duties, regardless of what the lease says about cooling.