Landlord’s Duty to Repair: What Constitutes ‘Materially Affecting Health or Safety’ in Texas

In Texas, landlords have clear legal duties when it comes to maintaining rental properties. If a condition in the rental unit poses a danger to a tenant’s health or safety, landlords are required to address it. This responsibility is a key part of landlord repair responsibilities in Texas. But what exactly does “materially affecting health or safety” mean, and when must a landlord act?

This article explains how Texas law defines this duty, what kinds of repairs landlords are required to make, and what tenants can do if their rental becomes unsafe.

What the Law Says About Health and Safety Repairs

Under Texas Property Code Section 92.052, landlords must repair conditions that “materially affect the physical health or safety of an ordinary tenant.” This requirement is not optional. Once the tenant sends a proper written notice of the issue, the landlord generally has seven days to begin repairs.

The phrase “materially affecting health or safety” means the problem must be serious. Minor issues like a cracked tile or loose doorknob usually don’t qualify. But if a condition poses a real risk to a tenant’s well-being, then the landlord has a duty to fix it.

What Repairs Are Landlords Required to Make in Texas?

Texas law requires landlords to ensure rental properties are safe, functional, and livable. This includes taking care of basic structural elements and essential services like plumbing, heating, and electricity. The goal is to protect tenants from harm and uphold habitability standards. Landlords are expected to act once notified of issues that could cause illness, injury, or otherwise disrupt safe living conditions. Failure to do so can lead to legal consequences, including lawsuits or rent deductions.

Some examples of repairs that landlords are typically required to make include:

Faulty wiring that poses a fire risk
Broken heating during cold weather
Plumbing leaks that cause mold
Rodent or insect infestations
Broken windows or doors that compromise security
No running water or working toilet
Gas leaks or malfunctioning smoke detectors

These are all considered conditions that materially affect health or safety in Texas. A landlord cannot ignore these problems once they are made aware of them.

Tenants must provide proper written notice, and in some cases, send it by certified mail or another trackable method. After that, if the issue isn’t addressed within a reasonable time, tenants may have legal options.

Understanding the Texas Property Code Requirements for Landlord Repairs

The Texas Property Code outlines specific duties for landlords. Some key requirements include:

Timely response: Landlords must begin repairs within a reasonable time (usually seven days) after receiving written notice.
Tenant must be current on rent: If the tenant has not paid rent, the landlord usually has no obligation to repair.
No waiver allowed: A landlord cannot ask a tenant to waive their right to repairs for health or safety issues.

These rules are in place to make sure rental homes meet basic habitability standards. Habitability laws in Texas rentals are designed to prevent dangerous living conditions.

What the Texas Property Code Says About Landlord Repairs

Texas law is clear: under Texas law, the landlord has a duty to repair conditions that impact health and safety. The law does not allow landlords to ignore serious problems that put tenants at risk.

That said, tenants also have responsibilities. They must:

Send a written notice about the issue
Allow reasonable access for repairs
Keep paying rent during the process

If these steps are followed and the landlord still refuses to fix the problem, the tenant may be able to:

End the lease early
Hire someone to make repairs and deduct the cost from rent (under certain rules)
Sue the landlord for damages

Tenants should always document the issue, keep a copy of the written notice, and take photos when possible.

What Doesn’t Count as a Health or Safety Issue?

Not all repair issues require landlord action under this law. For example:

A slow-draining sink
Minor carpet stains
Peeling paint (unless it involves lead)
A squeaky door

These kinds of issues may be frustrating, but they usually don’t rise to the level of materially affecting health or safety in Texas.

That said, when small problems go unaddressed and turn into bigger risks, they could qualify. A leaky pipe might not seem serious at first, but if it causes mold, it becomes a health concern.

Call the Law Office of Kyle J. Moore, PLLC

Texas landlords face real challenges in managing repair requests while staying compliant with the law. If you’re unsure whether a tenant’s repair demand qualifies as materially affecting health or safety, it’s important to get legal clarity. The Law Office of Kyle J. Moore, PLLC works closely with landlords to help them understand their obligations and protect their property interests. We help you avoid costly missteps while maintaining compliance with landlord repair responsibilities in Texas.

In addition to landlord-tenant matters, we also assist clients with consumer law, insurance law, general civil litigation, appellate law, and more. Whether you’re dealing with property disputes or complex litigation, we’re here to provide reliable legal support.