Texas law gives tenants certain rights when landlords don’t make needed repairs. One of those rights is the “repair and deduct” remedy. This option can catch landlords off guard if they don’t understand how it works. If you’re a landlord in Texas, here’s what you need to know to avoid legal trouble and protect your property. Understanding the repair and deduct Texas law is essential for staying compliant and avoiding costly disputes.
What Is the ‘Repair and Deduct’ Remedy?
Under Texas Property Code Section 92.0561, a tenant may hire someone to fix a problem in the rental unit and subtract the cost from the rent. This is what’s called “repair and deduct.”
But tenants can’t do this whenever they want. Texas law limits when and how they can use this remedy. Understanding the rules can help landlords avoid disputes and unnecessary expenses.
When Can a Tenant Repair and Deduct in Texas?
Not every repair situation gives a tenant the right to fix the issue themselves and deduct the cost from rent. The law sets specific limits on when this remedy applies. For landlords, knowing these limits is key to avoiding legal headaches and staying in control of your rental property.
The repair and deduct remedy is meant to apply only in serious situations—typically when a condition in the rental unit affects the tenant’s health or safety. It’s not intended for cosmetic problems or minor inconveniences. Landlords are expected to respond to valid repair requests in a timely manner, but they also have rights when tenants bypass proper procedures.
Here are the conditions that must be met before a tenant can legally repair and deduct:
- The problem must affect health or safety. This includes things like broken heaters in winter, plumbing leaks, or electrical issues.
- The tenant must request the repair in writing. Verbal requests do not count under Texas law.
- The landlord must have a reasonable amount of time to fix it. Generally, that means seven days after getting the written notice, unless the problem is urgent.
- The tenant must be current on rent. If the tenant is behind on rent when the notice is sent, they lose the right to repair and deduct.
Only after meeting all these conditions can a tenant move forward. Even then, the amount they can deduct is capped.
How Much Can Be Deducted?
Tenants can deduct the cost of a qualifying repair, but only up to the greater of one month’s rent or $500. This limit applies to any one month. For example, if rent is $750, that’s the maximum amount that can be deducted in that month.
Texas Property Code Section 92.0561(c) allows tenants to use the repair and deduct remedy as often as needed, as long as they do not exceed the monthly deduction cap. This means multiple repairs are allowed across different months, but the total deducted in any single month cannot go over the legal limit.
Landlord Repair Obligations in Texas
Texas law requires landlords to make repairs that affect a tenant’s health and safety. They are not required to fix minor issues, like peeling paint or a loose cabinet handle.
Once a tenant submits a written request, landlords must act within a reasonable time. The sooner the better. Delays can lead to the tenant using the repair and deduct option or filing a complaint with the local housing authority.
Also, if the issue violates local housing codes, landlords could face fines or other penalties.
Tips for Landlords to Avoid Repair and Deduct Situations
Dealing with a repair and deduct situation can be frustrating and expensive. Landlords can lower the chances of it happening by staying ahead of repair issues and maintaining clear communication with tenants. Here are some practical steps to help avoid this kind of conflict:
- Respond quickly to repair requests. Even if a fix takes time, letting tenants know you’re working on it helps build trust and avoid legal action.
- Keep records of all repairs and communications. Save emails, texts, and receipts. If a dispute comes up, these records can support your case.
- Do regular inspections. Periodic walk-throughs can help you catch problems early. Fixing small issues before they grow into bigger ones can save time and money.
- Put repair procedures in the lease. Clearly explain how tenants should report repairs. This helps both sides understand expectations.
For example, if a tenant submits a maintenance request about a broken AC unit during the summer, and the landlord replies within a day and schedules a repair, that fast action could prevent the tenant from even considering using the repair and deduct option.
These steps aren’t just about protecting yourself legally—they also show tenants that you care about keeping the property in good shape. That can lead to better relationships, fewer complaints, and more lease renewals.
What Happens If a Tenant Violates the Rules?
If a tenant deducts repair costs without following the law, landlords can treat the missing rent as unpaid. This could lead to eviction proceedings or a lawsuit. Still, landlords must tread carefully. Any action must follow Texas eviction laws to avoid further legal issues.
Final Thoughts for Landlords
The repair and deduct Texas law is meant to protect tenants, but it also sets firm limits. Knowing your responsibilities and the tenant’s rights can help prevent costly mistakes.
Stay proactive with repairs, and always respond to written notices on time. That’s the best way to keep tenants satisfied and stay on the right side of the law.
Need Help With Landlord-Tenant Law or More?
At The Law Office of Kyle J. Moore, PLLC, we help landlords across Texas handle issues tied to the repair and deduct Texas law. Whether you’re facing tenant disputes, unclear maintenance obligations, or need guidance on compliance, we’ll give you clear, practical advice.
We also represent clients in small business law, contract disputes, veterans law, and personal injury cases. If you’re a landlord needing legal support—or simply want to prevent future issues—reach out to us today. We’re here to help you stay protected and in control.