Building Codes & Habitability — Texas
Warranty of habitability, repair obligations, and city rental programs
State Habitability Standard
Texas Property Code §92.052 — landlord's duty to repair and remedy
Tex. Prop. Code §§ 92.052-92.061
Minimum Habitability Requirements
- Functioning heating and air conditioning (per lease terms)
- Safe and working plumbing; hot water
- Secure exterior doors, windows, and locks
- Smoke alarms in each bedroom and outside sleeping areas (§ 92.255)
- Carbon monoxide alarms if fuel-burning appliances present
- No condition materially affecting health or safety of an ordinary tenant
- Pest control for mice, rats, cockroaches if not caused by tenant
Repair Obligations & Tenant Remedies
7
Days Landlord Has to Repair
Before tenant may use repair-and-deduct remedy
1x
Monthly Rent Cap
Maximum tenant can deduct per repair episode
Rent Withholding
Rent withholding generally not permitted; use repair-and-deduct or code enforcement
City-Level Rental Programs
Some cities require rental registration, periodic inspections, or have specific habitability ordinances beyond state law. Enter your city to check for a local program.
Known Texas cities in our database: check major cities in Texas above for city-specific programs.
Governing Statute
Texas Property Code §§ 91.001–92.355
This tool provides legal information, not legal advice. Nothing on this site creates an attorney-client relationship. For advice about your specific situation, consult a licensed attorney in your state.