Tex. Prop. Code Ann. §§ 92.001–92.355 § 92.061
EFFECT ON OTHER RIGHTS.
Operative Text
Sec. 92.061. EFFECT ON OTHER RIGHTS. The duties of a landlord and the remedies of a tenant under this subchapter are in lieu of existing common law and other statutory law warranties and duties of landlords for maintenance, repair, security, habitability, and nonretaliation, and remedies of tenants for a violation of those warranties and duties. Otherwise, this subchapter does not affect any other right of a landlord or tenant under contract, statutory law, or common law that is consistent with the purposes of this subchapter or any right a landlord or tenant may have to bring an action for personal injury or property damage under the law of this state. This subchapter does not impose obligations on a landlord or tenant other than those expressly stated in this subchapter. Acts 1983, 68th Leg., p. 3639, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1985, 69th Leg., ch. 200, Sec. 5, eff. Aug. 26, 1985.
Section 92.061 of the Texas Property Code clarifies the relationship between this subchapter and other areas of law. The duties and remedies spelled out in this subchapter replace—rather than stack on top of—common law and other statutory warranties related to maintenance, repair, security, habitability, and nonretaliation. At the same time, the section preserves rights that are consistent with the subchapter's purposes, including contract rights and claims for personal injury or property damage, while making clear that no obligations beyond those expressly stated in the subchapter are created by it.
Plain English — not legal advice.
Under § 92.061, landlords operating in Texas should understand that this subchapter sets the exclusive framework for maintenance, repair, security, habitability, and nonretaliation duties—it does not layer additional implied common-law duties on top of those expressly stated. Compliant operators generally focus on meeting the obligations explicitly enumerated in the subchapter rather than speculating about broader implied duties. Rights and obligations arising from lease contracts or personal-injury and property-damage claims that are consistent with the subchapter's purposes remain intact and are not displaced by § 92.061.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 92.061 defines the scope of tenant remedies available under this subchapter: the remedies here replace, rather than supplement, common-law and other statutory warranty remedies for maintenance, repair, security, habitability, and nonretaliation. However, tenants retain the ability to pursue rights grounded in their lease contract or to bring personal-injury and property-damage claims under Texas law, as long as those rights are consistent with the subchapter's purposes. Tenants who believe their rights under this framework have been violated may consider consulting a tenant-rights organization or legal aid provider familiar with § 92.061 to understand which remedies apply to their circumstances.
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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