Repair of Property
Texas Property Code § 92.052 provides a landlord “shall make a diligent effort to repair or remedy a condition if” the tenant gives notice AND is not delinquent in rent. Additionally, the repair defect “materially affects the physical health or safety of an ordinary tenant.” Finally, the landlord must provide hot water “a minimum of 120 degrees Fahrenheit.”
A landlord does not have a duty to repair any damage caused by a tenant, a lawful occupant, a tenant’s family member, guest, or invitee. A tenant who damages the property cannot demand the landlord repair the damage.
For a tenant to require a landlord to repair or remedy a condition, the tenant must not be delinquent in their rent and inform the landlord of the problem to be repaired. Pay attention to your contract, if the rental contract specifies notice must be given in writing; make sure to give notice in writing. A good practice to follow whenever you have to prove written notice is to mail the notice letter containing the explanation of what condition needs to be repaired or remedied by U.S. Postal Service Certified Mail Return Receipt Requested.
As a tenant do not repair the condition with your rent money, unless you have the landlord’s written permission allowing use of the rent money to repair. Next, a tenant can lose their right to have the landlord repair the property if the tenant is behind with their rent.