What do Texas landlord tenant laws say about repairs, deposits and notices?

Texas chapter 92 day and temperature figures, with sources

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What repairs is a landlord responsible for in Texas?

Section 92.052(a) of the Texas Property Code reads: “A landlord shall make a diligent effort to repair or remedy a condition if: (1) the tenant specifies the condition in a notice to the person to whom or to the place where rent is normally paid; (2) the tenant is not delinquent in the payment of rent at the time notice is given; and (3) the condition: (A) materially affects the physical health or safety of an ordinary tenant; or (B) arises from the landlord's failure to provide and maintain in good operating condition a device to supply hot water of a minimum temperature of 120 degrees Fahrenheit.” (Texas Property Code section 92.052), read 2026-10-29.

Under 92.052(b), unless the condition was caused by normal wear and tear, the landlord does not have a duty during the lease term or a renewal or extension to repair or remedy a condition caused by the tenant, a lawful occupant in the tenant's dwelling, a member of the tenant's family, or a guest or invitee of the tenant.

Under 92.006(f), a landlord and tenant may agree that, except for conditions caused by the negligence of the landlord, the tenant pays for repair of damage from wastewater stoppages caused by foreign or improper objects in lines that exclusively serve the tenant's dwelling, damage to doors, windows, or screens, and damage from windows or doors left open. They may agree to it only if the agreement meets the requirements of Subdivision (4) of Subsection (e), and it does not shift the landlord's duty for stoppages caused by deterioration, breakage, roots, ground conditions, faulty construction, or malfunctioning equipment (92.006(f)).

When a health or safety repair at a Texas rental falls to the landlord, a property manager can post that repair on InstaBids with photos and get written bids on it.

How long does a landlord have to make repairs in Texas?

Section 92.056(d) sets a rebuttable presumption of 7 days: “For purposes of Subsection (b)(3) or (4), in determining whether a period of time is a reasonable time to repair or remedy a condition, there is a rebuttable presumption that seven days is a reasonable time.” (Texas Property Code section 92.056), read 2026-10-29. The same subsection says the date the landlord received the tenant's notice, the severity and nature of the condition, and the availability of materials, labor and utilities must be considered to rebut that presumption.

If the tenant sends a written demand for an explanation, 92.053(b) moves the burden of proof after the fifth day: “If the landlord does not provide a written explanation for delay in performing a duty to repair or remedy on or before the fifth day after receiving from the tenant a written demand for an explanation, the landlord has the burden of proving that he made a diligent effort to repair and that a reasonable time for repair did not elapse.” (Texas Property Code section 92.053).

Once a tenant's repair notice comes in, a manager can describe the repair one time on InstaBids and line up the written bids contractors send side by side.

How long does a landlord have to return a security deposit in Texas?

Section 92.103(a) sets the 30th day after surrender: “Except as provided by Section 92.107 , the landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises.” (Texas Property Code section 92.103), read 2026-10-29.

The exception it names is the forwarding address in 92.107(a): “The landlord is not obligated to return a tenant's security deposit or give the tenant a written description of damages and charges until the tenant gives the landlord a written statement of the tenant's forwarding address for the purpose of refunding the security deposit.” (Texas Property Code section 92.107).

When the landlord retains part of it, 92.104(c) reads: “If the landlord retains all or part of a security deposit under this section, the landlord shall give to the tenant the balance of the security deposit, if any, together with a written description and itemized list of all deductions.” (Texas Property Code section 92.104). Section 92.104(b) adds: “The landlord may not retain any portion of a security deposit to cover normal wear and tear.” (Texas Property Code section 92.104).

For move-out cleaning and damage repairs before a deposit is settled, a Texas landlord can post the turnover job on InstaBids and compare written bids side by side.

When can a tenant end a lease over repairs in Texas?

Section 92.056(e) lists four remedies, the first being to end the lease: “Except as provided in Subsection (f), a tenant to whom a landlord is liable under Subsection (b) of this section may: (1) terminate the lease; (2) have the condition repaired or remedied according to Section 92.0561 ; (3) deduct from the tenant's rent, without necessity of judicial action, the cost of the repair or remedy according to Section 92.0561 ; and (4) obtain judicial remedies according to Section 92.0563 .” (Texas Property Code section 92.056), read 2026-10-29.

Under Subsection (b) of that section, a tenant is one to whom the landlord is liable only after the tenant's notice to the place where rent is normally paid, a subsequent written notice or a first notice sent by tracked mail, a reasonable time to repair, no diligent effort by the landlord, and rent not delinquent when notice was given.

When an open repair could lead a tenant to end the lease, a manager can post that repair on InstaBids and get several written bids on one scope.

When can a tenant withhold rent over repairs in Texas?

Section 92.058(a) sets the landlord's remedy when rent is withheld in violation of subchapter B: “If the tenant withholds rents, causes repairs to be performed, or makes rent deductions for repairs in violation of this subchapter, the landlord may recover actual damages from the tenant.” (Texas Property Code section 92.058), read 2026-10-29.

The repair-cost deduction subchapter B does allow is in 92.056(e): a tenant to whom a landlord is liable under Subsection (b) may deduct from the tenant's rent, without necessity of judicial action, the cost of the repair or remedy according to Section 92.0561.

Before a tenant turns to a repair-and-deduct remedy, a landlord can post the open repair on InstaBids with photos and review the written bids contractors send.

Who does Texas landlord tenant law cover?

Section 92.001(2) defines who the landlord is for every duty above: “"Landlord" means the owner, lessor, or sublessor of a dwelling, but does not include a manager or agent of the landlord unless the manager or agent purports to be the owner, lessor, or sublessor in an oral or written lease.” (Texas Property Code section 92.001), read 2026-10-29.

Section 92.002 says the chapter applies only to the relationship between landlords and tenants of residential rental property, so under 92.001(2) a manager or agent is not the landlord unless the manager or agent purports to be the owner, lessor, or sublessor in an oral or written lease.

Whether the owner or a managing agent handles the rental, either one can post a home repair job on InstaBids and get written bids from contractors on it.

Texas chapter 92 smoke alarm and security device rules

What to put in a written repair scope for a Texas rental

• The condition in plain words, with photos, and whether it materially affects the physical health or safety of an ordinary tenant, as the notice under 92.052(a) describes it.
• For a water heater job: on the tenant's notice, the landlord shall make a diligent effort to repair or remedy a failure to maintain a device to supply hot water of a minimum temperature of 120 degrees Fahrenheit (92.052(a)).
• The date the tenant's notice was received, since 92.056(d) sets a rebuttable presumption that 7 days is a reasonable time to repair.
• Whether the damage is normal wear and tear, since under 92.052(b) the landlord does not have a duty during the lease term to repair or remedy a condition caused by the tenant, a lawful occupant, a member of the tenant's family, or a guest or invitee, unless it was caused by normal wear and tear.
• For a smoke alarm job: the landlord shall install at least one smoke alarm in each separate bedroom (92.255(a)), and the landlord shall determine that the smoke alarm is in good working order at the beginning of the tenant's possession by testing it with smoke, by operating the testing button, or by following other recommended test procedures of the manufacturer (92.258(b)).
• For a lock or security-device job: the date the tenant's request was received, since under 92.161(a) the landlord must comply with a tenant's request within a reasonable time, presumed to be not later than the seventh day after it.

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Calling contractors one by one, or one written scope?

Calling contractors one by one gets each one's own idea of the repair. With one written scope, you describe it once, contractors bid in writing on that scope, and you choose who gets your number.

Property managers can post a rental job on InstaBids today.

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Related answers on other pages

• Florida's chapter 83 repair, entry and deposit rules are quoted on their own state page. What do Florida landlord tenant laws say about repairs, entry and deposits?

Sources

• Texas Property Code section 92.056, read 2026-10-29: statutes.capitol.texas.gov