Important: Homzora is a housing research publisher, not a law firm, and nothing on this page is legal advice. This article is general information about the law as published by government and court sources at the time of writing, and it may not reflect later changes or the facts of your situation. Reading it does not create an attorney and client relationship. For advice about your situation, contact a licensed attorney or a legal aid organization in your state.
In the city of Austin, about 257,900 of 456,100 occupied homes, or 56.6 percent, are rented, according to the U.S. Census Bureau’s 2020 to 2024 American Community Survey (Homzora Austin dataset, Table B25003). The median gross rent is $1,729 a month (Homzora Austin dataset, Table B25064). Every one of those renters is entitled to a home that meets basic standards for safety and health under Texas law.
This guide explains what repairs a landlord in Austin must make, how to give notice the right way, which remedies the law allows, such as repair and deduct, rent escrow, or ending the lease, and which steps can backfire, such as withholding rent where the law does not allow it. It also lists where to report unsafe conditions.
Quick answers
- Duty: repair conditions that materially affect an ordinary tenant’s health or safety (Tex. Prop. Code § 92.052).
- Reasonable time: presumed to be 7 days (Tex. Prop. Code § 92.056).
- Withholding rent: not allowed (Texas State Law Library, Can I withhold rent for repairs?).
- Repair and deduct: only for listed conditions, capped at one month’s rent or $500, whichever is greater (Tex. Prop. Code § 92.0561).
Your landlord’s duty
A Texas landlord must make a diligent effort to repair a condition that materially affects the physical health or safety of an ordinary tenant, or a water heater that cannot produce water of at least 120 degrees. The duty applies only if you gave notice to the place where rent is normally paid and you were current on rent when you gave it. Notice must be in writing only if your written lease requires it. The landlord does not have to repair damage caused by you, your household, or guests, other than normal wear (Tex. Prop. Code § 92.052).
The notice steps that protect you
Before a Texas landlord is liable, all of these must be true: you gave notice, you were current on rent, the landlord had a reasonable time to repair, and either you sent a second written notice after a reasonable time or your first notice went by certified, registered, or another trackable mail service. A reasonable time is presumed to be 7 days, though the presumption can be rebutted (Tex. Prop. Code § 92.056). Because the rules are strict, many tenants send every repair request by trackable mail.
Your remedies
If the landlord is liable, you may end the lease, repair and deduct in limited situations, or go to court (Tex. Prop. Code § 92.056). Repair and deduct is limited to sewage backups or flooding, total loss of drinking water, inadequate heat or cooling with a written notice from a local official, and other health or safety conditions with an official’s written notice. Each charge is capped at the greater of one month’s rent or $500, the work must be done by a licensed contractor, and you must give the landlord the bill with your rent (Tex. Prop. Code § 92.0561).
A court can order repairs, reduce rent, and award a civil penalty of one month’s rent plus $500, actual damages, and attorney’s fees. Justice courts can hear these cases up to $20,000 (Tex. Prop. Code § 92.0563).
Do not simply withhold rent
Texas law does not allow tenants to withhold rent because repairs were not made (Texas State Law Library, Can I withhold rent for repairs?). A tenant who withholds or deducts rent unlawfully can owe actual damages, and in some cases a penalty of one month’s rent plus $500 and attorney’s fees (Tex. Prop. Code § 92.058).
Retaliation
For 6 months after you ask for repairs in good faith, complain to a government agency, or join a tenant organization, a Texas landlord may not retaliate by filing an eviction, raising rent, cutting services, or ending your lease in bad faith (Tex. Prop. Code § 92.331). Remedies include one month’s rent plus $500, actual damages, and attorney’s fees (Tex. Prop. Code § 92.333).
Reporting problems in Austin
In Austin, report code problems through Austin 311 by phone or app (City of Austin, Code Department).
Free help in Austin
TexasLawHelp.org, run by Texas Legal Services Center, publishes free guides for tenants (TexasLawHelp.org, Evictions). For other assistance, call 211 (211.org).
Fair housing
The federal Fair Housing Act prohibits discrimination in rental terms because of race, color, religion, sex, familial status, national origin, or disability (42 U.S.C. § 3604). HUD accepts complaints (HUD, File a Complaint).
How to write a repair request
A clear written request is the foundation of every remedy in this guide. Date it, describe the problem and where it is, say when it started, attach photos, and ask for a repair by a specific reasonable date. Keep a copy and proof of delivery.
Date: 2026. To: [landlord or manager]. Re: Repairs needed at [address, unit]. I am writing to request repair of the following: [describe each problem, its location, and when it began]. Photos are attached. This affects [heat, water, safety, or use of the unit]. Please make the repairs by 2026 and let me know when you will need access. Sincerely, [name, phone].
Emergency or routine?
Problems such as no heat in cold weather, no water, a gas smell, sparking wiring, sewage backups, or a broken exterior lock are emergencies that usually carry shorter deadlines and may justify calling the city right away, or 911 if anyone is in danger. A dripping faucet or a worn carpet is routine. Label your request clearly so the landlord knows which kind it is, and follow up in writing if the problem worsens.
Mistakes to avoid
- Only calling. A phone call rarely proves notice; follow up in writing.
- Stopping rent without following the rules. Unlawful withholding can lead to an eviction.
- Making repairs yourself without checking the limits. Many states cap repair and deduct or require a licensed contractor.
- Refusing access. Let the landlord in at reasonable times with proper notice to make the repair.
- Throwing away damaged property. Photograph it first; it may be evidence.
Document the problem
- Take dated photos and video when the problem starts and as it changes.
- Keep a log of every contact with the landlord, including dates and names.
- Save receipts for anything you spend because of the problem, such as space heaters, hotel stays, or spoiled food.
- Keep copies of inspection reports and notices from the city.
- Note any health effects and any days you could not use part of the home.
Mold, pests, and leaks
Moisture problems tend to spread, so report leaks and visible mold quickly and in writing. Keep the area ventilated, avoid covering mold with paint, and ask the landlord how the source of the moisture will be fixed rather than only the visible damage. For pests, ask what treatment will be used and when, and follow any preparation instructions so the treatment works.
When conditions make you want to move
If the landlord will not make serious repairs, moving out may feel like the only option, but leaving without following your state’s rules can leave you owing rent. Use the notice procedure described above, keep copies, and get advice before you move. If you do leave, photograph the unit, return the keys, and give a forwarding address in writing.
Renter’s insurance
A landlord’s insurance generally covers the building, not your belongings. If a leak, fire, or break in damages your property, renter’s insurance may cover it regardless of whose fault it was. Review your policy for water damage and mold exclusions, and report losses promptly with photos and receipts.
Working with a code inspector
A city or county inspection creates an independent record of the problem. Be home for the visit if you can, point out every issue, and ask the inspector how the landlord will be notified and when a reinspection will happen. Ask for a copy of the report or the case number, and keep it with your repair records. If the landlord fixes only part of the problem, tell the inspector before the reinspection.
Frequently asked questions
Can I withhold rent for repairs in Texas?
No (Texas State Law Library, Can I withhold rent for repairs?).
How long does my landlord have to fix it?
A reasonable time, presumed to be 7 days after the required notice (Tex. Prop. Code § 92.056).
Can I fix it myself and deduct the cost?
Only for listed conditions, using a licensed contractor, up to the greater of one month’s rent or $500 (Tex. Prop. Code § 92.0561).
Legal notice
Homzora is not a law firm and does not provide legal advice. Laws, court rules, and local programs change, and how they apply depends on your facts. Before you act on anything in this article, confirm the current rules with the court, a licensed attorney, or a legal aid organization.
Sources
- Homzora Austin dataset, Table B25003
- Homzora Austin dataset, Table B25064
- Tex. Prop. Code § 92.052
- Tex. Prop. Code § 92.056
- Texas State Law Library, Can I withhold rent for repairs?
- Tex. Prop. Code § 92.0561
- Tex. Prop. Code § 92.0563
- Tex. Prop. Code § 92.058
- Tex. Prop. Code § 92.331
- Tex. Prop. Code § 92.333
- City of Austin, Code Department
- TexasLawHelp.org, Evictions
- 211.org
- 42 U.S.C. § 3604
- HUD, File a Complaint