Tex. Prop. Code Ann. §§ 92.001–92.355 § 92.0563
TENANT'S JUDICIAL REMEDIES.
Operative Text
Sec. 92.0563. TENANT'S JUDICIAL REMEDIES. (a) A tenant's judicial remedies under Section 92.056 shall include:(1) an order directing the landlord to take reasonable action to repair or remedy the condition;(2) an order reducing the tenant's rent, from the date of the first repair notice, in proportion to the reduced rental value resulting from the condition until the condition is repaired or remedied;(3) a judgment against the landlord for a civil penalty of one month's rent plus $500;(4) a judgment against the landlord for the amount of the tenant's actual damages; and(5) court costs and attorney's fees, excluding any attorney's fees for a cause of action for damages relating to a personal injury.(b) A landlord who knowingly violates Section 92.006 by contracting orally or in writing with a tenant to waive the landlord's duty to repair under this subchapter shall be liable to the tenant for actual damages, a civil penalty of one month's rent plus $2,000, and reasonable attorney's fees. For purposes of this subsection, there shall be a rebuttable presumption that the landlord acted without knowledge of the violation. The tenant shall have the burden of pleading and proving a knowing violation. If the lease is in writing and is not in violation of Section 92.006, the tenant's proof of a knowing violation must be clear and convincing. A mutual agreement for tenant repair under Subsection (g) of Section 92.0561 is not a violation of Section 92.006.(c) The justice, county, and district courts have concurrent jurisdiction in an action under Subsection (a).(d) If a suit is filed in a justice court requesting relief under Subsection (a), the justice court shall conduct a hearing on the request not earlier than the sixth day after the date of service of citation and not later than the 10th day after that date.(e) A justice court may not award a judgment under this section, including an order of repair, that exceeds $20,000, excluding interest and costs of court.(f) An appeal of a judgment of a justice court under this section takes precedence in county court and may be held at any time after the eighth day after the date the transcript is filed in the county court. An owner of real property who files a notice of appeal of a judgment of a justice court to the county court perfects the owner's appeal and stays the effect of the judgment without the necessity of posting an appeal bond. Added by Acts 1989, 71st Leg., ch. 650, Sec. 8, eff. Aug. 28, 1989.Amended by: Acts 2009, 81st Leg., R.S., Ch. 225 (S.B. 1448), Sec. 1, eff. January 1, 2010.Acts 2023, 88th Leg., R.S., Ch. 89 (S.B. 1259), Sec. 1, eff. September 1, 2023.Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 3.003(a), eff. September 1, 2023.
Texas Property Code § 92.0563 establishes the judicial remedies available to tenants when a landlord fails to make required repairs under § 92.056. Courts can order a landlord to repair a condition, reduce rent proportionally from the date of the first repair notice, and award a civil penalty of one month's rent plus $500, along with actual damages, court costs, and attorney's fees. If a landlord knowingly contracts with a tenant to waive the duty to repair, the penalty increases to one month's rent plus $2,000, and the landlord may also owe actual damages and reasonable attorney's fees. Justice courts handling these cases are capped at $20,000 in total judgments, excluding interest and court costs.
Plain English — not legal advice.
Under § 92.0563, property owners and managers who fail to address repair obligations face a range of court-ordered consequences, including mandatory repair orders, proportional rent reductions, civil penalties, and liability for a tenant's actual damages and attorney's fees. Operators who include lease provisions attempting to waive the statutory duty to repair face heightened exposure—up to one month's rent plus $2,000 in civil penalties—if a court finds the waiver was knowing. Compliant operators generally document repair requests promptly, respond within statutory timeframes, and avoid any lease language that could be construed as waiving repair duties under this subchapter.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 92.0563 gives Texas tenants a set of court-based remedies when a landlord fails to repair a condition after proper notice under § 92.056, including the right to seek a repair order, a rent reduction dating back to the first repair notice, a civil penalty of one month's rent plus $500, actual damages, and attorney's fees. Tenants may file in justice, county, or district court, with justice court hearings scheduled as early as six days after citation is served; however, justice court judgments under this section are capped at $20,000. Tenants who believe their rights under § 92.0563 have been violated may consider contacting a local tenant-rights organization or legal aid office to understand the available 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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