Texas Mold, Pests, Heat & AC Rules
Texas rules on mold, pests, heat & ac for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: No landlord-tenant mold statute — Texas law sets no mold disclosure or mold-specific remediation duty for residential landlords. Tex. Prop. Code Sec. 92.052; Tex. Occ. Code ch. 1958 (Sec. 1958.102)
The rules in Texas
| Mold | No landlord-tenant mold statute — Texas law sets no mold disclosure or mold-specific remediation duty for residential landlords. Mold is handled under the general duty to repair: after written notice from a tenant who is current on rent, the landlord must make a diligent effort to repair a condition that materially affects the physical health or safety of an ordinary tenant. Separately, the Occupations Code licenses professional mold assessors and remediators; an owner of residential property with fewer than 10 units (or its employee) may do its own mold assessment or remediation without a license. Occupations Code ch. 1958 text: https://tcss.legis.texas.gov/resources/OC/htm/OC.1958.htm. The repair duty does not cover conditions caused by the tenant, household members or guests (other than normal wear and tear). Some cities have housing codes with mold or moisture rules. |
|---|---|
| Pests & bed bugs | No statute — the Property Code has no pest or bed-bug provision (no disclosure, inspection or treatment rule). An infestation is treated under the general repair duty if it materially affects the physical health or safety of an ordinary tenant and the tenant gave notice; the landlord has no duty to remedy conditions caused by the tenant, household or guests. Leases commonly allocate pest-control responsibility. Local housing codes may impose pest-control duties. |
| Heat | No statewide heat or minimum-temperature requirement. State law requires only a device supplying hot water of at least 120 degrees F. If the landlord agreed (expressly or impliedly) to furnish heating equipment that produces inadequate heat, and a local housing, building or health official has notified the landlord in writing that the lack of heat materially affects health or safety, the tenant may use the repair-and-deduct remedy if the landlord fails to repair within 3 days after the tenant's notice. Minimum indoor temperatures, where they exist, are set by city ordinances or housing codes. |
| Air conditioning | No statewide air-conditioning requirement or maximum indoor temperature. If the landlord agreed in the lease to furnish cooling equipment that is producing inadequate cooled air, and a local official has notified the landlord in writing that the lack of cooling materially affects health or safety, the tenant may repair and deduct if the landlord fails to repair within 3 days after notice. A landlord that submeters or allocates electricity may not cut off a tenant's electricity for nonpayment during a National Weather Service heat advisory for the county (that day or either of the two preceding days). Some cities (for example, Dallas) set cooling standards by ordinance. |
| Smoke and CO detectors | The landlord must install at least one smoke alarm in each bedroom, plus one in a hallway serving several bedrooms and one on each level. At the start of the tenancy the landlord must test the alarm and make sure it works. During the lease the landlord must inspect and repair it only after the tenant gives notice of a problem, and need not provide batteries after move-in if the alarm worked then. If the landlord does not act within 7 days of a written notice, the tenant has remedies. Texas's residential tenancy chapter does not require carbon monoxide detectors. Reviewed Tex. Prop. Code chapter 92 on 2026-10-28; no carbon monoxide provision found. Local ordinances may add requirements. A tenant who disables a smoke alarm may be liable (§ 92.2611). |
Related questions
- Does a landlord have to fix mold?
- Who pays for pest control and bed bugs in a rental?
- Does a landlord have to provide heat?
- Does a landlord have to provide air conditioning?
Texas vs. neighboring states
| State | Mold | Pests & bed bugs | Heat |
|---|---|---|---|
| Texas | No landlord-tenant mold statute — Texas law sets no mold disclosure or mold-specific remediation duty for residential landlords. Mold is handled under the general duty to repair: after written notice from a tenant who is current on rent, the landlord must make a diligent effort to repair a condition that materially affects the physical health or safety of an ordinary tenant. Separately, the Occupations Code licenses professional mold assessors and remediators; an owner of residential property with fewer than 10 units (or its employee) may do its own mold assessment or remediation without a license. Tex. Prop. Code Sec. 92.052; Tex. Occ. Code ch. 1958 (Sec. 1958.102) | No statute — the Property Code has no pest or bed-bug provision (no disclosure, inspection or treatment rule). An infestation is treated under the general repair duty if it materially affects the physical health or safety of an ordinary tenant and the tenant gave notice; the landlord has no duty to remedy conditions caused by the tenant, household or guests. Leases commonly allocate pest-control responsibility. Tex. Prop. Code Sec. 92.052 (ch. 92 checked) | No statewide heat or minimum-temperature requirement. State law requires only a device supplying hot water of at least 120 degrees F. If the landlord agreed (expressly or impliedly) to furnish heating equipment that produces inadequate heat, and a local housing, building or health official has notified the landlord in writing that the lack of heat materially affects health or safety, the tenant may use the repair-and-deduct remedy if the landlord fails to repair within 3 days after the tenant's notice. Tex. Prop. Code Sec. 92.052(a)(3)(B); 92.0561(d)(3)(C) |
| Arkansas | No statute — Arkansas has no mold disclosure or remediation law for rentals. Arkansas's implied residential quality standards (for leases entered into or renewed after November 1, 2021) require only running hot and cold water, electricity, potable water, code-compliant sewer and plumbing, a functioning roof and building envelope, and working heat and air conditioning if it served the unit when the lease was signed. Mold is not listed. Ark. Code Ann. § 18-17-502 (added by Act 1052 of 2021) | No statute on pests or bed bugs. They are not among Arkansas's implied quality standards, so the lease and local codes govern who treats them. The tenant must keep the unit reasonably clean and safe and dispose of garbage in a reasonably clean and safe manner. Ark. Code Ann. §§ 18-17-502, 18-17-601(2)-(3) | A functioning heating system is required only to the extent heating served the premises when the lease was signed (leases entered into or renewed after November 1, 2021). State law sets no minimum temperature. If heat fails, the tenant must give written notice; if the landlord does not fix it within 30 days and rent is current, the tenant may end the lease without penalty and get the deposit back. The tenant may not withhold rent. Ark. Code Ann. § 18-17-502(a)(6), (d) |
| Louisiana | No statute — Louisiana has no mold disclosure or remediation law. The Civil Code's general lessor duties apply. The lessor must maintain the property in a condition suitable for its leased purpose, make all necessary repairs during the lease (except those the lessee is responsible for), and warrant that it is free of vices or defects that prevent its use, including defects that arise later and defects unknown to the lessor. If the lessor fails to repair within a reasonable time after demand, the lessee may repair and deduct reasonable costs. La. C.C. arts. 2682(2), 2691, 2696, 2697, 2694 | No statute — no state law specifically assigns pest or bed bug treatment or requires disclosure. Infestations are handled under the lessor's general duties to maintain the property in suitable condition, make necessary repairs, and warrant against vices and defects. The lessee must repair damage caused by their own fault or that of people on the premises with their consent. La. C.C. arts. 2682, 2691, 2692, 2696 | No statute — Louisiana law sets no minimum indoor temperature or heating season. If heating is part of the leased premises, the lessor's general duty to maintain the property in a condition suitable for its leased purpose and to make necessary repairs applies. La. C.C. arts. 2682, 2691 (Civil Code lease-obligation articles 2682-2698 checked) |
| New Mexico | No statute — general repair duty applies. The owner must substantially comply with applicable minimum housing codes and make repairs and do whatever is necessary to put and keep the premises in a safe condition. NMSA 1978, § 47-8-20(A)(1)-(2) | No pest- or bed-bug-specific statute. The owner must keep the premises in a safe condition and common areas safe, and provide garbage receptacles and removal; the resident must keep the occupied part of the premises clean and safe and dispose of garbage properly. NMSA 1978, §§ 47-8-20(A)(2)-(3), (5); 47-8-22(B)-(C) | Yes. The owner must supply reasonable heat (and running water and a reasonable amount of hot water at all times) and maintain heating facilities in good and safe working order. No statewide minimum temperature or heating season is set. Exceptions: buildings not required by law to be equipped for heat, or units where heat is generated by an installation in the resident's exclusive control supplied by a direct public utility connection. NMSA 1978, § 47-8-20(A)(4), (A)(6) |
| Oklahoma | No statute — general habitability/repair duty applies. Oklahoma has no mold disclosure, remediation or exposure-standard law for rentals; the landlord must 'make all repairs and do whatever is necessary to put and keep the tenant's dwelling unit and premises in a fit and habitable condition.' 41 O.S. § 118(A)(2) | No statute — no bed-bug or pest-specific law. The landlord must keep the unit fit and habitable and (except single-family residences) keep common areas clean, safe and sanitary; the tenant must keep the occupied part of the premises as safe, clean and sanitary as its condition permits and dispose of garbage in a safe, clean and sanitary manner. 41 O.S. §§ 118(A)(1)-(2), 127(1)-(2) | Yes, except in single-family residences or where service comes through direct, independently metered utility connections to the unit: the landlord must supply 'reasonable heat' and running and hot water, and must keep landlord-supplied heating facilities in good and safe working order. No statewide minimum temperature or heating season. If the landlord willfully or negligently fails to supply heat, after written notice the tenant may terminate, procure heat and deduct the cost from rent, recover diminished rental value, or obtain substitute housing and be excused from rent. 41 O.S. §§ 118(A)(3), (A)(5), 121(C) |
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Texas Mold, Pests, Heat & AC Rules FAQ
Does a landlord have to fix mold in Texas?
No landlord-tenant mold statute — Texas law sets no mold disclosure or mold-specific remediation duty for residential landlords. Mold is handled under the general duty to repair: after written notice from a tenant who is current on rent, the landlord must make a diligent effort to repair a condition that materially affects the physical health or safety of an ordinary tenant. Separately, the Occupations Code licenses professional mold assessors and remediators; an owner of residential property with fewer than 10 units (or its employee) may do its own mold assessment or remediation without a license. (Tex. Prop. Code Sec. 92.052; Tex. Occ. Code ch. 1958 (Sec. 1958.102))
Who pays for pest control and bed bugs in Texas?
No statute — the Property Code has no pest or bed-bug provision (no disclosure, inspection or treatment rule). An infestation is treated under the general repair duty if it materially affects the physical health or safety of an ordinary tenant and the tenant gave notice; the landlord has no duty to remedy conditions caused by the tenant, household or guests. Leases commonly allocate pest-control responsibility. (Tex. Prop. Code Sec. 92.052 (ch. 92 checked))
Does a landlord have to provide heat in Texas?
No statewide heat or minimum-temperature requirement. State law requires only a device supplying hot water of at least 120 degrees F. If the landlord agreed (expressly or impliedly) to furnish heating equipment that produces inadequate heat, and a local housing, building or health official has notified the landlord in writing that the lack of heat materially affects health or safety, the tenant may use the repair-and-deduct remedy if the landlord fails to repair within 3 days after the tenant's notice. (Tex. Prop. Code Sec. 92.052(a)(3)(B); 92.0561(d)(3)(C))
Does a landlord have to provide air conditioning in Texas?
No statewide air-conditioning requirement or maximum indoor temperature. If the landlord agreed in the lease to furnish cooling equipment that is producing inadequate cooled air, and a local official has notified the landlord in writing that the lack of cooling materially affects health or safety, the tenant may repair and deduct if the landlord fails to repair within 3 days after notice. A landlord that submeters or allocates electricity may not cut off a tenant's electricity for nonpayment during a National Weather Service heat advisory for the county (that day or either of the two preceding days). (Tex. Prop. Code Sec. 92.0561(d)(3)(C); 92.008)
Who is responsible for smoke detectors in a rental in Texas?
The landlord must install at least one smoke alarm in each bedroom, plus one in a hallway serving several bedrooms and one on each level. At the start of the tenancy the landlord must test the alarm and make sure it works. During the lease the landlord must inspect and repair it only after the tenant gives notice of a problem, and need not provide batteries after move-in if the alarm worked then. If the landlord does not act within 7 days of a written notice, the tenant has remedies. Texas's residential tenancy chapter does not require carbon monoxide detectors. (Tex. Prop. Code §§ 92.255, 92.258, 92.259; ch. 92 (reviewed))
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.