Tex. Prop. Code Ann. §§ 92.001–92.355 § 92.052
LANDLORD'S DUTY TO REPAIR OR REMEDY.
Operative Text
Sec. 92.052. LANDLORD'S DUTY TO REPAIR OR REMEDY. (a) 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.(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:(1) the tenant;(2) a lawful occupant in the tenant's dwelling;(3) a member of the tenant's family; or(4) a guest or invitee of the tenant.(c) This subchapter does not require the landlord:(1) to furnish utilities from a utility company if as a practical matter the utility lines of the company are not reasonably available; or(2) to furnish security guards.(d) The tenant's notice under Subsection (a) must be in writing only if the tenant's lease is in writing and requires written notice. Acts 1983, 68th Leg., p. 3632, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 650, Sec. 3, eff. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 48, Sec. 14, eff. Sept. 1, 1993.Amended by: Acts 2007, 80th Leg., R.S., Ch. 600 (H.B. 177), Sec. 1, eff. September 1, 2007.
Under Tex. Prop. Code § 92.052, a landlord is obligated to make a diligent effort to repair or remedy a condition once a tenant provides proper notice, provided the tenant is current on rent and the condition either materially affects the health or safety of an ordinary tenant or involves a failure to supply adequately heated water. The duty does not extend to conditions caused by the tenant, household members, or guests—unless the damage stems from normal wear and tear. The provision also clarifies that landlords are not required to provide utility service where lines are not reasonably accessible, nor to furnish security guards.
Plain English — not legal advice.
Property owners and managers operating under Tex. Prop. Code § 92.052 generally maintain systems for receiving and documenting repair notices, whether written or oral, depending on what the lease requires. A compliant operator acts with diligence once a qualifying notice is received from a tenant who is current on rent, prioritizing conditions that affect health, safety, or hot water supply. Operators also keep records distinguishing normal wear and tear from tenant-caused damage, since the latter falls outside the statutory repair duty.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tex. Prop. Code § 92.052 gives tenants the right to formally notify their landlord—delivered to the person or place where rent is paid—of conditions that materially affect health or safety, or that involve inadequate hot water, triggering the landlord's duty to act diligently. Notice generally does not need to be in writing unless the lease is written and specifically requires it, so tenants may want to review their lease terms carefully. Tenants who believe this duty has not been met can explore options such as raising the violation as a defense in court proceedings, filing a complaint with a local housing authority, or reaching out to a tenant-rights organization for general guidance.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation