Texas law requires landlords to maintain rental properties in a condition that is safe, sanitary, and fit for human habitation. In a large and fast-moving rental market like Houston, disputes over repairs and unsafe living conditions are among the most common issues tenants face.
The Houston Corporate Office of the Law Office of Bryan Fagan, PLLC helps tenants across Houston and Harris County understand their rights when landlords fail to make necessary repairs or allow properties to fall into disrepair. Knowing when a condition violates Texas habitability laws—and how to enforce your rights—can protect your health, safety, and housing stability.
What “Habitability” Means Under Texas Law
Texas landlords have a legal duty to repair conditions that materially affect the health or safety of a tenant. Habitability is not about cosmetic issues—it focuses on whether the unit is safe to live in.
Examples of habitability-related issues include:
- No running water or hot water
- Lack of heat or unsafe electrical systems
- Sewage backups or plumbing failures
- Roof leaks or flooding
- Mold or persistent moisture problems
- Broken exterior doors, windows, or locks
- Rodent or insect infestations
- Structural hazards or fire risks
If a condition threatens your health or safety, Texas law generally requires the landlord to fix it after proper notice.
Tenant Rights to Request Repairs
Tenants have the right to request repairs when serious conditions exist.
Proper Notice Is Critical
To trigger a landlord’s legal duty to repair, tenants must usually:
- Provide written notice describing the problem
- Send notice to the correct address listed in the lease
- Allow a reasonable time for the landlord to respond
In Houston, many repair disputes fail because notice was not given correctly. Documentation is essential.
What Is a “Reasonable Time” for Repairs?
Texas law does not set a strict deadline, but factors include:
- Severity of the condition
- Availability of parts or contractors
- Risk to tenant health or safety
Emergency conditions (such as no water or major electrical hazards) typically require much faster action.
Code Violations & Local Enforcement in Houston
Some habitability issues may also violate Houston housing or health codes. Common code violations include:
- Unsafe wiring
- Lack of smoke detectors
- Unsanitary conditions
- Inadequate plumbing or sewage systems
Tenants may report certain issues to local code enforcement, but doing so should be handled carefully. Improper reporting or timing may affect eviction or retaliation claims.
Landlord Retaliation Is Illegal
Texas law prohibits landlords from retaliating against tenants who:
- Request lawful repairs
- Report code violations
- Exercise tenant rights under the law
Retaliation may include:
- Threats of eviction
- Rent increases
- Lockouts or utility shutoffs
- Reduced services
Tenants facing retaliation may have legal claims against their landlord.
Tenant Remedies When Repairs Are Ignored
If a landlord fails to repair serious habitability issues after proper notice, tenants may have legal options, including:
- Court-ordered repairs
- Lease termination (in limited circumstances)
- Repair-and-deduct remedies (strict rules apply)
- Damages or rent reductions
These remedies are technical and must be handled carefully to avoid unintended consequences.
How the Houston Corporate Office Can Help
The Law Office of Bryan Fagan, PLLC assists Houston-area tenants with:
- Enforcing repair obligations
- Habitability disputes
- Code violation issues
- Retaliation claims
- Eviction defense related to repair disputes
Our Houston Corporate Office understands Texas Property Code requirements and local housing enforcement practices in Harris County.