Tex. Prop. Code Ann. §§ 92.001–92.355 § 92.006
WAIVER OR EXPANSION OF DUTIES AND REMEDIES.
Operative Text
Sec. 92.006. WAIVER OR EXPANSION OF DUTIES AND REMEDIES. (a) A landlord's duty or a tenant's remedy concerning security deposits, security devices, the landlord's disclosure of ownership and management, or utility cutoffs, as provided by Subchapter C, D, E, or G, respectively, may not be waived. A landlord's duty to install a smoke alarm under Subchapter F may not be waived, nor may a tenant waive a remedy for the landlord's noninstallation or waive the tenant's limited right of installation and removal. The landlord's duty of inspection and repair of smoke alarms under Subchapter F may be waived only by written agreement.(b) A landlord's duties and the tenant's remedies concerning security devices, the landlord's disclosure of ownership and management, or smoke alarms, as provided by Subchapter D, E, or F, respectively, may be enlarged only by specific written agreement.(c) A landlord's duties and the tenant's remedies under Subchapter B, which covers conditions materially affecting the physical health or safety of the ordinary tenant, may not be waived except as provided in Subsections (d), (e), and (f) of this section.(d) A landlord and a tenant may agree for the tenant to repair or remedy, at the landlord's expense, any condition covered by Subchapter B.(e) A landlord and a tenant may agree for the tenant to repair or remedy, at the tenant's expense, any condition covered by Subchapter B if all of the following conditions are met:(1) at the beginning of the lease term the landlord owns only one rental dwelling;(2) at the beginning of the lease term the dwelling is free from any condition which would materially affect the physical health or safety of an ordinary tenant;(3) at the beginning of the lease term the landlord has no reason to believe that any condition described in Subdivision (2) of this subsection is likely to occur or recur during the tenant's lease term or during a renewal or extension; and(4)(A) the lease is in writing;(B) the agreement for repairs by the tenant is either underlined or printed in boldface in the lease or in a separate written addendum;(C) the agreement is specific and clear; and(D) the agreement is made knowingly, voluntarily, and for consideration.(f) A landlord and tenant may agree that, except for those conditions caused by the negligence of the landlord, the tenant has the duty to pay for repair of the following conditions that may occur during the lease term or a renewal or extension:(1) damage from wastewater stoppages caused by foreign or improper objects in lines that exclusively serve the tenant's dwelling;(2) damage to doors, windows, or screens; and(3) damage from windows or doors left open.This subsection shall not affect the landlord's duty under Subchapter B to repair or remedy, at the landlord's expense, wastewater stoppages or backups caused by deterioration, breakage, roots, ground conditions, faulty construction, or malfunctioning equipment. A landlord and tenant may agree to the provisions of this subsection only if the agreement meets the requirements of Subdivision (4) of Subsection (e) of this section.(g) A tenant's right to vacate a dwelling and avoid liability under Section 92.016 or 92.017 may not be waived by a tenant or a landlord, except as provided by those sections.(h) A tenant's right to a jury trial in an action brought under this chapter may not be waived in a lease or other written agreement. Acts 1983, 68th Leg., p. 3631, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 650, Sec. 1, eff. Aug. 28, 1989.Amended by: Acts 2005, 79th Leg., Ch. 348 (S.B. 1186), Sec. 2, eff. January 1, 2006.Acts 2011, 82nd Leg., R.S., Ch. 257 (H.B. 1168), Sec. 1, eff. September 1, 2011.Acts 2015, 84th Leg., R.S., Ch. 1198 (S.B. 1367), Sec. 3, eff. January 1, 2016.
Section 92.006 of the Texas Property Code establishes which landlord duties and tenant remedies can and cannot be waived or modified by agreement. Core protections—such as those covering security deposits, utility cutoffs, smoke alarm installation, and habitability conditions that materially affect health or safety—generally cannot be signed away in a lease. Some duties, like the landlord's obligation to inspect and repair smoke alarms or to address certain habitability conditions, can be modified only through specific written agreements that meet defined requirements. Tenants also retain an unconditional right to a jury trial in actions brought under this chapter, regardless of what any lease says.
Plain English — not legal advice.
Under § 92.006, compliant operators understand that many statutory duties cannot be eliminated through lease language, no matter how clearly drafted—particularly those covering security deposits, smoke alarm installation, utility cutoffs, and core habitability standards under Subchapter B. Where the statute does permit written modifications—such as shifting certain repair responsibilities to the tenant or enlarging duties related to security devices or smoke alarm inspection—landlords generally ensure those agreements are in writing, specifically worded, underlined or boldfaced, and entered into knowingly and for consideration. Operators who own a single rental unit may have somewhat broader flexibility under § 92.006(e), but only when the dwelling is free of health-or-safety conditions at the start of the lease and all four written-agreement requirements are satisfied.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 92.006 means that certain protections Texas law gives tenants cannot be taken away by a lease clause, even if a tenant signed the lease agreeing to waive them—courts will generally treat such clauses as unenforceable. This includes protections around security deposits, smoke alarm installation, utility cutoffs, and conditions that materially affect health or safety, as well as the right to a jury trial in disputes under this chapter. Tenants who believe a landlord is relying on an improper waiver clause may find it useful to consult a tenant-rights organization or legal aid provider familiar with § 92.006 to understand available remedies and enforcement paths.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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