Texas Repairs & Tenant Remedies
Texas rules on repairs & habitability for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: Yes, limited. For specified serious conditions (e.g., sewage backup, flooding, total loss of landlord-supplied water, inadequate heat/cooling certified by an official, or conditions certified by a housing official) after required notices, tenant may repair and deduct the greater of one… Tex. Prop. Code Sec. 92.0561; Sec. 92.056
The rules in Texas
| Repair and deduct | Yes, limited. For specified serious conditions (e.g., sewage backup, flooding, total loss of landlord-supplied water, inadequate heat/cooling certified by an official, or conditions certified by a housing official) after required notices, tenant may repair and deduct the greater of one month's rent or $500 (per month cap). Tenant must be current on rent when notice is given, give notice to repair, then either a second written notice after a reasonable time or a first notice by certified/registered/tracked mail; 7 days is presumed a reasonable time to repair (Sec. 92.056(d)). Judicial remedies include an order to repair, rent reduction, a civil penalty of one month's rent + $500, actual damages and attorney's fees (Sec. 92.0563). |
|---|---|
| Withholding rent | Not permitted outside the statutory repair-and-deduct procedure. A tenant who withholds rent or deducts for repairs in violation of the subchapter is liable for actual damages, and after written warning, a bad-faith violation carries a civil penalty of one month's rent + $500. Source: Tex. Prop. Code Sec. 92.058 |
| Landlord retaliation | Landlord may not, within six months after a tenant in good faith exercises a legal right, gives a repair notice, complains to a code-enforcement or other agency, or participates in a tenant organization, file an eviction (except on statutory grounds), deprive use of the premises, decrease services, raise rent, terminate the lease, or engage in bad-faith interference. Remedy: one month's rent + $500, actual damages, court costs and attorney's fees. Not retaliation if, e.g., tenant was delinquent in rent when notice was given or the suit filed (Sec. 92.332(b)). |
Related questions
Texas vs. neighboring states
| State | Repair and deduct | Withholding rent | Landlord retaliation |
|---|---|---|---|
| Texas | Yes, limited. For specified serious conditions (e.g., sewage backup, flooding, total loss of landlord-supplied water, inadequate heat/cooling certified by an official, or conditions certified by a housing official) after required notices, tenant may repair and deduct the greater of one month's rent or $500 (per month cap). Tex. Prop. Code Sec. 92.0561; Sec. 92.056 | Not permitted outside the statutory repair-and-deduct procedure. A tenant who withholds rent or deducts for repairs in violation of the subchapter is liable for actual damages, and after written warning, a bad-faith violation carries a civil penalty of one month's rent + $500. Tex. Prop. Code Sec. 92.058 | Landlord may not, within six months after a tenant in good faith exercises a legal right, gives a repair notice, complains to a code-enforcement or other agency, or participates in a tenant organization, file an eviction (except on statutory grounds), deprive use of the premises, decrease services, raise rent, terminate the lease, or engage in bad-faith interference. Remedy: one month's rent + $500, actual damages, court costs and attorney's fees. Tex. Prop. Code Sec. 92.331; 92.332; 92.333 |
| Arkansas | Not available. For leases entered into or renewed after November 1, 2021, the implied minimum standards are: hot and cold running water, electricity, potable drinking water, code-conforming sewer and plumbing, a functioning roof and building envelope, and existing heat and air conditioning. If the tenant is current on rent and gives written notice, and the landlord does not remedy the problem within 30 calendar days, the tenant's sole remedy is to terminate the lease without penalty and receive the recoverable deposit. Ark. Code Ann. § 18-17-502 (added by Act 1052 of 2021) | Not allowed. A tenant may not offset or withhold rent for any alleged or actual violation of the implied quality standards. In an unlawful detainer, a tenant who stays in possession must deposit rent into the court registry. Ark. Code Ann. §§ 18-17-502(d)(3), 18-60-307(c) | No statute — Arkansas has no landlord anti-retaliation statute. The Residential Landlord-Tenant Act (Ch. 17) and the deposit subchapter contain no retaliation provision or presumption period. Ark. Code Ann. Title 18, Ch. 17 (§§ 18-17-101 et seq.); §§ 18-16-301 to -306 |
| Louisiana | Allowed. If the landlord fails to make necessary repairs within a reasonable time after the tenant's demand, the tenant may have them made. The tenant can then demand immediate reimbursement or deduct the cost from rent, to the extent the repair was necessary and the cost reasonable. La. C.C. art. 2694 (with arts. 2682, 2691) | No statutory rent-withholding/escrow procedure; the codified remedy is repair-and-deduct (C.C. art. 2694) La. C.C. art. 2694; La. C.C. art. 2704 | No statewide statute identified. In New Orleans, the city's Healthy Homes ordinance protects tenants who use its complaint process ('protected activity'). New Orleans Healthy Homes Ordinance (City Code ch. 26) |
| New Mexico | No statutory repair-and-deduct remedy (the UORRA remedies are rent abatement, termination, damages and injunctive relief). NMSA 1978, §§ 47-8-27.1, 47-8-27.2 | Statutory rent abatement: after written notice of conditions violating the owner's § 47-8-20(A) duties, if not fixed within 7 days the resident may abate one-third of the pro-rata daily rent per day from the notice date until fixed, or 100% per day if the unit is uninhabitable and the resident does not live there. Alternatively, 7-day notice to terminate for material noncompliance. NMSA 1978, §§ 47-8-27.1, 47-8-27.2 | An owner may not raise rent, reduce services, or bring/threaten an eviction because, within the previous 6 months, the compliant resident complained to a code-enforcement agency, joined/organized a residents' association, exercised UORRA rights (including written repair requests), made a fair housing complaint, won or has pending a lawsuit against the owner about the residency, testified for another resident, or lawfully abated rent. Retaliation is a defense to eviction; owner is liable for 2x monthly rent plus attorney's fees. NMSA 1978, §§ 47-8-39, 47-8-48(C) |
| Oklahoma | Yes. For a material landlord breach affecting health that can be fixed for no more than one month's rent: tenant gives written notice; if the landlord fails to repair within 14 days (sooner in an emergency), tenant may have the work done and deduct the actual reasonable cost from rent after giving the landlord an itemized statement. Cap: one month's rent. 41 O.S. § 121(B) | No general right to withhold rent. Limited rent relief: repair-and-deduct (§ 121(B)); if landlord cuts essential services (heat, water, hot water, electricity, gas), tenant may buy substitute services and deduct the cost, or obtain substitute housing and be excused from rent during the noncompliance (§ 121(C)). 41 O.S. § 121 | No general anti-retaliation statute. The Oklahoma Residential Landlord and Tenant Act does not protect tenants who complain about conditions or exercise other rights. One narrow exception: a landlord may not deny a tenancy to, or retaliate against, a tenant because the tenant previously ended a rental agreement as a victim of domestic violence, sexual violence or stalking (§ 113.3). 41 O.S. §§ 101-136 (no general retaliation section); 41 O.S. § 113.3 |
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Texas Repairs & Tenant Remedies FAQ
Can a tenant repair and deduct from rent in Texas?
Yes, limited. For specified serious conditions (e.g., sewage backup, flooding, total loss of landlord-supplied water, inadequate heat/cooling certified by an official, or conditions certified by a housing official) after required notices, tenant may repair and deduct the greater of one month's rent or $500 (per month cap). (Tex. Prop. Code Sec. 92.0561; Sec. 92.056)
Can a tenant withhold rent for repairs in Texas?
Not permitted outside the statutory repair-and-deduct procedure. A tenant who withholds rent or deducts for repairs in violation of the subchapter is liable for actual damages, and after written warning, a bad-faith violation carries a civil penalty of one month's rent + $500. (Tex. Prop. Code Sec. 92.058)
Can a landlord retaliate against a tenant for complaining in Texas?
Landlord may not, within six months after a tenant in good faith exercises a legal right, gives a repair notice, complains to a code-enforcement or other agency, or participates in a tenant organization, file an eviction (except on statutory grounds), deprive use of the premises, decrease services, raise rent, terminate the lease, or engage in bad-faith interference. Remedy: one month's rent + $500, actual damages, court costs and attorney's fees. (Tex. Prop. Code Sec. 92.331; 92.332; 92.333)
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.