Tex. Prop. Code Ann. §§ 92.001–92.355 § 92.054
CASUALTY LOSS.
Operative Text
Sec. 92.054. CASUALTY LOSS. (a) If a condition results from an insured casualty loss, such as fire, smoke, hail, explosion, or a similar cause, the period for repair does not begin until the landlord receives the insurance proceeds.(b) If after a casualty loss the rental premises are as a practical matter totally unusable for residential purposes and if the casualty loss is not caused by the negligence or fault of the tenant, a member of the tenant's family, or a guest or invitee of the tenant, either the landlord or the tenant may terminate the lease by giving written notice to the other any time before repairs are completed. If the lease is terminated, the tenant is entitled only to a pro rata refund of rent from the date the tenant moves out and to a refund of any security deposit otherwise required by law.(c) If after a casualty loss the rental premises are partially unusable for residential purposes and if the casualty loss is not caused by the negligence or fault of the tenant, a member of the tenant's family, or a guest or invitee of the tenant, the tenant is entitled to reduction in the rent in an amount proportionate to the extent the premises are unusable because of the casualty, but only on judgment of a county or district court. A landlord and tenant may agree otherwise in a written lease. Acts 1983, 68th Leg., p. 3633, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1993, 73rd Leg., ch. 48, Sec. 15, eff. Sept. 1, 1993.
Under Tex. Prop. Code § 92.054, when a rental unit suffers a casualty loss—such as fire, hail, or explosion—the clock on the landlord's repair timeline does not start until insurance proceeds are received. If the damage renders the unit totally unusable and the tenant was not at fault, either party may end the lease in writing before repairs are finished, with the tenant owed a prorated rent refund and any applicable security deposit return. When damage only partially affects the unit and the tenant bears no fault, the tenant may be entitled to a proportional rent reduction, but that reduction requires a court judgment unless the written lease provides otherwise.
Plain English — not legal advice.
Property owners and managers operating under Tex. Prop. Code § 92.054 generally document the date insurance proceeds are received, since that date triggers the repair timeline for insured casualty losses. When a unit becomes totally unusable through no fault of the tenant, compliant operators provide written notice of lease termination if they choose that path, and promptly calculate and return prorated rent from the move-out date along with any security deposit owed by law. For partial damage situations, operators often address rent-reduction expectations clearly in a written lease, since § 92.054(c) allows landlords and tenants to agree in writing to terms different from the court-judgment default.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tex. Prop. Code § 92.054 establishes that tenants who are not at fault for a casualty loss have specific protections depending on the extent of the damage. If the unit becomes totally unusable, a tenant may terminate the lease by giving written notice to the landlord before repairs are complete and is entitled to a prorated rent refund and return of any security deposit the law requires. If the unit is only partially unusable, § 92.054(c) provides a potential proportional rent reduction, though obtaining it generally requires a county or district court judgment unless the written lease sets out a different arrangement—tenant-rights organizations can help renters understand what options may be available to them.
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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