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 Houston, about 538,900 of 930,400 occupied homes, or 57.9 percent, are rented, according to the U.S. Census Bureau’s 2020 to 2024 American Community Survey (Homzora Houston dataset, Table B25003). The median gross rent is $1,361 a month (Homzora Houston dataset, Table B25064). When the heat fails in winter or the air conditioning quits during a heat wave, the first question is what the law actually requires the landlord to provide.
This guide explains the heat, air conditioning, and hot water rules that apply to renters in Houston, how to report a problem, and how to document it so it gets fixed.
Quick answers
| Question | Answer |
|---|---|
| Main local standard | A new AC ordinance (2026) allowing window or portable units if rooms stay at or below 80 degrees; heating equipment required |
| Where to report | 311 |
These summaries are simplified. Read the full explanation below, which links to each source.
What Texas law requires
Texas requires a landlord, after notice from a tenant who is current on rent, to make a diligent effort to repair a condition that materially affects the physical health or safety of an ordinary tenant, and to keep a device supplying hot water of at least 120 degrees Fahrenheit in good working order (Tex. Prop. Code § 92.052). The statute does not name heating or air conditioning, so a broken heater or air conditioner is covered when it materially affects health or safety (Tex. Prop. Code § 92.052). That is why city codes matter so much in Texas.
Houston rules
Houston City Council approved a rental air conditioning ordinance in August 2026. Window or portable units in each habitable space can satisfy it, and older buildings do not need to be retrofitted with central air (KPRC, Houston council passes rental AC ordinance (Aug. 2026)). Reports on the vote say the space must be kept at 80 degrees or below and landlords have 120 days to comply (Spectrum News, Houston AC requirement (Aug. 2026)). Houston’s existing code already requires heating equipment in rentals, and tenants trigger an inspection by calling 311 (City of Houston, Air Conditioning Ordinance FAQ (2026)). Check the city’s final adopted text for the effective date before relying on it.
Why it matters for your budget
The median gross rent in the city of Houston is $1,361 a month (Homzora Houston dataset, Table B25064). A unit that cannot be heated or cooled properly is not delivering what that rent pays for, and in many places it is a code violation. Reporting promptly, in writing, protects both your health and your ability to use the remedies the law provides.
Free help in Houston
TexasLawHelp.org publishes free guides for renters (TexasLawHelp.org, Evictions). For utility bill assistance and other services, call 211 (211.org).
What to do when the heat or AC stops working
- Tell the landlord right away in writing, describing the problem and when it started.
- Take dated photos of the thermostat and, if you can, a thermometer reading in the room.
- Keep a log of inside temperatures, times, and outdoor conditions.
- If the landlord does not respond, contact the code enforcement office listed above.
- Ask a free legal help office before withholding rent or making repairs yourself.
A sample repair request
Date: 2026. To: [landlord]. Re: No [heat] [air conditioning] [hot water] at [address]. Since 2026, the [system] in my unit has not worked. The inside temperature was [number] degrees at [time]. Please repair it as soon as possible and tell me when someone will come. I can be reached at [phone]. Sincerely, [name].
Send the request in a way you can prove, such as a tenant portal, email, or certified mail, and keep a copy.
Staying safe while you wait
- Never use an oven or a fuel burning grill to heat a home; both can produce carbon monoxide.
- Use space heaters only as the manufacturer directs, keep them away from bedding and curtains, and plug them directly into the wall.
- In extreme heat, use fans, close blinds during the day, drink water, and go to a cooling center if your home is dangerously hot.
- Check on older neighbors and people with health conditions.
- Call 911 for any medical emergency.
Who pays for heat
Your lease decides whether heat is included in the rent or billed to you through a utility account. If you pay the gas or electric bill, the landlord is still usually responsible for keeping the equipment working, while you are responsible for keeping the account active. Read the utility clause in your lease and ask the landlord to confirm in writing who pays for which service.
Questions to ask before you sign a lease
- What kind of heating and cooling does the unit have, and how old is the equipment?
- Who controls the thermostat?
- Which utilities are included in rent?
- How are after hours heating and cooling repairs handled?
- Has the unit had heating or cooling complaints in the past year?
Window units and portable air conditioners
Some leases restrict window air conditioners because of safety or building rules. If you want to install one, ask the landlord in writing first, follow any installation rules, and keep a copy of the approval. Portable units that vent through a window kit are another option in some buildings.
Mistakes to avoid
- Reporting only by phone. A written record shows when the landlord was told.
- Withholding rent without following the law. Rent remedies have strict steps that differ by state.
- Waiting until the problem is severe. Report small problems early, before a cold snap or heat wave.
- Disabling safety devices. Never tamper with smoke or carbon monoxide alarms, especially when using space heaters.
Build your evidence file
Landlord and tenant disputes are usually decided by documents. Keep these together from the day you sign:
- The signed lease, every addendum, and every renewal.
- Receipts or bank records for the deposit and each rent payment.
- Dated photos and video of every room at move in and move out.
- Copies of every repair request and the landlord’s replies.
- Every notice you send or receive, with proof of delivery.
Keep copies somewhere other than your phone, such as an email to yourself, so they survive a lost device.
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).
Keeping a temperature log
A simple log can be the most persuasive evidence you have. Use an inexpensive thermometer placed away from windows and vents, at about chest height in the main living area. Record the date, time, indoor reading, and outdoor temperature from a weather service, at least morning and night. Add photos of the thermometer for a few of the readings. Inspectors and judges can compare those readings directly with the standards described above.
Energy costs and repairs
A system that runs constantly without heating or cooling well can also drive up your utility bills. If you pay utilities and the equipment is failing, keep copies of your bills before and after the problem, and include them in your written repair request. Ask the landlord whether it will credit any extra cost while the repair is pending.
Hot water problems
Hot water failures are often treated as seriously as a loss of heat. If water runs lukewarm or cold, note how long you ran the tap, test more than one fixture, and record the time of day, since a shared boiler may struggle during peak use. Include those details in your written request. Scalding water is a hazard too; if the water is dangerously hot, report it promptly so the landlord can adjust the system.
Frequently asked questions
Does my Houston landlord have to provide air conditioning?
It depends on local law and your lease, as described above. Where no local rule requires it, a landlord that provides air conditioning is often still required to keep it working.
Can I withhold rent if the heat is out?
Only if your state allows it and you follow the exact steps the law requires. Withholding rent incorrectly can lead to an eviction case, so get advice from a free legal help office first.
Should I call code enforcement or the landlord first?
Tell the landlord in writing first, unless the situation is an emergency. If the landlord does not respond promptly, contact the local office listed above.
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 Houston dataset, Table B25003
- Homzora Houston dataset, Table B25064
- Tex. Prop. Code § 92.052
- KPRC, Houston council passes rental AC ordinance (Aug. 2026)
- Spectrum News, Houston AC requirement (Aug. 2026)
- City of Houston, Air Conditioning Ordinance FAQ (2026)
- TexasLawHelp.org, Evictions
- 211.org
- 42 U.S.C. § 3604
- HUD, File a Complaint