Texas Property Code 92.056: Landlord Liability, Notice, and Remedies

Texas Property Code Section 92.056 is the statute that makes a landlord legally liable for failing to repair a condition that materially affects an ordinary tenant’s physical health or safety. It sets the notice a tenant must give, the time the landlord has to act, and the remedies available once the landlord becomes liable.¹

When the Landlord Becomes Liable

Liability under 92.056 does not attach automatically. Several things have to line up first.

The condition has to materially affect the physical health or safety of an ordinary tenant. The tenant has to be current on rent at the time notice is given; a tenant delinquent on rent when they deliver the notice cannot use the statute to force repairs.²

The tenant then has to give the landlord notice of the condition. Written notice is only required if the lease is in writing and specifically calls for it, though putting the request in writing is useful for proof either way. After notice, the landlord must make a diligent effort to repair the problem within a reasonable time. The statute presumes seven days is reasonable. That presumption can be rebutted based on how severe the condition is and whether materials and labor are available, but seven days is the starting point.¹

How to Deliver Notice

The method of delivery changes how many notices you have to send. Under the default rule, a tenant gives an initial notice and then a second written notice if the landlord does not act. If the first notice goes by certified mail with return receipt requested, or by another tracking method such as registered mail, a single notice is enough to establish the landlord’s liability.¹

Describe the condition clearly enough that the landlord knows what needs fixing. Keep proof of what you sent and when.

Remedies Once the Landlord Is Liable

If the landlord remains liable after proper notice and a reasonable time has passed, the tenant has three main options.

Terminate the Lease

The tenant may end the lease, move out, and recover the security deposit and any prepaid rent, prorated from the date of surrender. The statutory notice procedures have to be followed carefully; skipping steps can leave the tenant on the hook for breaking the lease.¹

Repair and Deduct

The tenant may have the repair done and take the cost out of rent. This remedy is limited to conditions affecting health or safety and carries its own notice requirements; some repairs require a notice from a local health or building official before the tenant can use it. The amount deducted is capped at the greater of one month’s rent or $500.³

Sue for Damages and a Civil Penalty

The tenant can file suit for actual damages caused by the landlord’s failure to repair, plus a civil penalty set by statute at one month’s rent plus $500. Attorney’s fee recovery is limited in cases involving personal injury claims.⁴

When 92.056 Does Not Apply

The landlord’s repair duty under this chapter does not reach every situation a tenant might assume it covers.²⁵

Conditions caused by the tenant, a family member, or a guest, unless the damage is normal wear and tear.
Any situation where the tenant is delinquent on rent at the time the repair notice is given.
Damage from a natural disaster or casualty loss while the landlord is waiting on insurance proceeds to begin the work.

The protections apply to a dwelling, meaning a place rented for use as a permanent residence. Commercial property and certain short-term stays generally fall outside the statute.⁶