Tex. Codes » Property Code · TITLE 8. LANDLORD AND TENANT · CHAPTER 92. RESIDENTIAL TENANCIES
Texas Codes

Tex. Prop. Code § 92.056 (2026)

Landlord Liability And Tenant Remedies; Notice And Time For Repair

✓ current as of May 2026
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Sec. 92.056. LANDLORD LIABILITY AND TENANT REMEDIES; NOTICE AND TIME FOR REPAIR. (a) A landlord's liability under this section is subject to Section 92.052(b) regarding conditions that are caused by a tenant and Section 92.054 regarding conditions that are insured casualties.

(b) A landlord is liable to a tenant as provided by this subchapter if:

(1) the tenant has given the landlord notice to repair or remedy a condition by giving that notice to the person to whom or to the place where the tenant's rent is normally paid;

(2) the condition materially affects the physical health or safety of an ordinary tenant;

(3) the tenant has given the landlord a subsequent written notice to repair or remedy the condition after a reasonable time to repair or remedy the condition following the notice given under Subdivision (1) or the tenant has given the notice under Subdivision (1) by sending that notice by certified mail, return receipt requested, by registered mail, or by another form of mail that allows tracking of delivery from the United States Postal Service or a private delivery service;

(4) the landlord has had a reasonable time to repair or remedy the condition after the landlord received the tenant's notice under Subdivision (1) and, if applicable, the tenant's subsequent notice under Subdivision (3);

(5) the landlord has not made a diligent effort to repair or remedy the condition after the landlord received the tenant's notice under Subdivision (1) and, if applicable, the tenant's notice under Subdivision (3); and

(6) the tenant was not delinquent in the payment of rent at the time any notice required by this subsection was given.

(c) For purposes of Subsection (b)(4) or (5), a landlord is considered to have received the tenant's notice when the landlord or the landlord's agent or employee has actually received the notice or when the United States Postal Service has attempted to deliver the notice to the landlord.

(d) For purposes of Subsection (b)(3) or (4), in determining whether a period of time is a reasonable time to repair or remedy a condition, there is a rebuttable presumption that seven days is a reasonable time. To rebut that presumption, the date on which the landlord received the tenant's notice, the severity and nature of the condition, and the reasonable availability of materials and labor and of utilities from a utility company must be considered.

(e) Except as provided in Subsection (f), a tenant to whom a landlord is liable under Subsection (b) of this section may:

(1) terminate the lease;

(2) have the condition repaired or remedied according to Section 92.0561;

(3) deduct from the tenant's rent, without necessity of judicial action, the cost of the repair or remedy according to Section 92.0561; and

(4) obtain judicial remedies according to Section 92.0563.

(f) A tenant who elects to terminate the lease under Subsection (e) is:

(1) entitled to a pro rata refund of rent from the date of termination or the date the tenant moves out, whichever is later;

(2) entitled to deduct the tenant's security deposit from the tenant's rent without necessity of lawsuit or obtain a refund of the tenant's security deposit according to law; and

(3) not entitled to the other repair and deduct remedies under Section 92.0561 or the judicial remedies under Subdivisions (1) and (2) of Subsection (a) of Section 92.0563.

(g) A lease must contain language in underlined or bold print that informs the tenant of the remedies available under this section and Section 92.0561.

Acts 1983, 68th Leg., p. 3635, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 650, Sec. 5, eff. Aug. 28, 1989; Acts 1997, 75th Leg., ch. 1205, Sec. 11, eff. Jan. 1, 1998.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 917 (H.B. 3101), Sec. 5, eff. January 1, 2008.

Acts 2015, 84th Leg., R.S., Ch. 1198 (S.B. 1367), Sec. 4, eff. January 1, 2016.

Notes of Decisions
Cited in 23 cases (16 in the last 5 years), 1988–2026 · leading case: Churchill Forge, Inc. v. Brown, 61 S.W.3d 368 (Tex. 2002).
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Churchill Forge, Inc. v. Brown, 61 S.W.3d 368 (Tex. 2002). · cites it 6× “[7] See Tex. Prop.Code § 92.056(e) ("a tenant to whom a landlord is liable .”
Waldon v. Williams, 760 S.W.2d 833 (Tex. App. 1988). · cites it 3× “In one point of error, appellant contends that the trial court erred in holding that Tex.Prop.Code Ann. § 92.056(b) (1984) does not permit an award of damages for the diminished value of rental premises because of a landlord’s failure to repair.”
Am. Campus Communities, Inc. v. Beth Berry, Brooke Berry, Yael Spirer, & Hailey Hoppenstein, Individually & on Behalf of All Others Similarly Situated (Tex. App. 2021). · cites it 7× “See Tex. Prop. Code § 92.056 (“Landlord Liability and Tenant Remedies; Notice and Time for Repair”).”
Kirt McGhee v. Novoterra Chase, LLC & GoNet USA, LLC (Tex. App. 2024). · cites it 5× “) (quoting Tex. Prop. Code Ann. § 92.056 (b)). To prove failure to repair or remedy action under Section 92.”
William Griesinger v. Centennial Westway Park, LP, D/B/A Century Westway Park, LP (Tex. App. 2023). · cites it 4× “The Lease provided for remedies under Texas Property Code Section 92.056 if Century violated their responsibilities in Section 31.”
Austin Bharadwaja & Ryan Bharadwaja/Michael Hays, Elizabeth Hays, & Panda Pal Prop. Mgmt. v. Michael Hays, Elizabeth Hays, & Panda Pal Prop. Mgmt./Austin Bharadwaja & Ryan Bharadwaja (Tex. App. 2025). · cites it 4× “) (citing Tex. Prop. Code Ann. § 92.056 (b)(5)). Subsection (b)(4) of § 92.”
Taneisha Pauliono v. Brownsville TX East Price Big 22 LLC D/B/A La Residencia (Tex. App. 2021). · cites it 2× “In support of her claim for damages, Pauliono asserts on appeal, for the first time, that La Residencia violated Texas Property Code § 92.056 because the problems in her apartment presented a safety hazard.”
Am. Campus Communities, Inc. v. Beth Berry, Brooke Berry, Yael Spirer, & Hailey Hoppenstein, Individually & on Behalf of All Others Similarly Situated (Tex. App. 2021). · cites it 2× “Although Defendants do not contest its their noncompliance with the statutory mandate of Texas Property Code Section 92.056(g) prior to circulating the “2018 Lease Addendum,.”
Dennis Topletz, Individually, as Heir of Harold Topletz, & D/B/A Topletz Investments v. James Choice (Tex. App. 2023). · cites it 2× “3 Moreover, although a landlord’s duty to repair is not triggered until a tenant makes an appropriate repair request, see TEX. PROP. CODE § 92.056(a)(1), nothing in sections 92.”
Bradford Place Apts. v. Ted Rawlings & Caitlin Kennedy (Tex. App. 2024). · cites it 2× “TEX. PROP. CODE § 92.056. Bradford argues the trial court erred in ruling in favor of Rawlings and Kennedy because they (1) failed to send two written notices to repair conditions to Bradford, as required by the property code; (2) failed to provide evidence that the condition…”
Latisha Hassen v. Paul Demetriou (Tex. App. 2024). · cites it 2× “A “reasonable” amount of time is defined as 7 days by Tex. Prop. Code §92.056. [Tenant] gave [Landlord] 4 months to repair the condition and the repairs were never made.”
Bianca Fox v. Cypress at Stone Oak (Tex. App. 2024). · cites it 2× “” Hamaker, 2022 WL 714554 , at *13 (citing TEX. PROP. CODE § 92.056(b)(5)); see Griesinger v.”
Show all 23 citing cases →
Tex. Prop. Code § 92.056(a): 2 cases
Churchill Forge, Inc. v. Brown, 61 S.W.3d 368 (Tex. 2002). “[7] See Tex. Prop.Code § 92.056(e) ("a tenant to whom a landlord is liable .”
Waldon v. Williams, 760 S.W.2d 833 (Tex. App. 1988). “In one point of error, appellant contends that the trial court erred in holding that Tex.Prop.Code Ann. § 92.056(b) (1984) does not permit an award of damages for the diminished value of rental premises because of a landlord’s failure to repair.”
Tex. Prop. Code § 92.056(a)(1): 1 case
Dennis Topletz, Individually, as Heir of Harold Topletz, & D/B/A Topletz Investments v. James Choice (Tex. App. 2023). “3 Moreover, although a landlord’s duty to repair is not triggered until a tenant makes an appropriate repair request, see TEX. PROP. CODE § 92.056(a)(1), nothing in sections 92.”
Tex. Prop. Code § 92.056(b): 7 cases
Waldon v. Williams, 760 S.W.2d 833 (Tex. App. 1988). “In one point of error, appellant contends that the trial court erred in holding that Tex.Prop.Code Ann. § 92.056(b) (1984) does not permit an award of damages for the diminished value of rental premises because of a landlord’s failure to repair.”
Lost Creek Ventures, LLC D/B/A Happy Bulldog Mgmt. Stephan Epstein & Marilyn Roth Epstein v. Alan Pilgrim (Tex. App. 2016).
Am. Campus Communities, Inc. v. Beth Berry, Brooke Berry, Yael Spirer, & Hailey Hoppenstein, Individually & on Behalf of All Others Similarly Situated (Tex. App. 2021). “See Tex. Prop. Code § 92.056 (“Landlord Liability and Tenant Remedies; Notice and Time for Repair”).”
Tori Woods, Gloria Woods & M.W. v. BW Midtown Cedar Hill, L.L.C. (Tex. App. 2022).
Blake Vaughn v. Albert Li (2026).
Tex. Prop. Code § 92.056(b)(2): 1 case
Churchill Forge, Inc. v. Brown, 61 S.W.3d 368 (Tex. 2002). “[7] See Tex. Prop.Code § 92.056(e) ("a tenant to whom a landlord is liable .”
Tex. Prop. Code § 92.056(b)(4): 1 case
Waldon v. Williams, 760 S.W.2d 833 (Tex. App. 1988). “In one point of error, appellant contends that the trial court erred in holding that Tex.Prop.Code Ann. § 92.056(b) (1984) does not permit an award of damages for the diminished value of rental premises because of a landlord’s failure to repair.”
Tex. Prop. Code § 92.056(b)(5): 1 case
Bianca Fox v. Cypress at Stone Oak (Tex. App. 2024). “” Hamaker, 2022 WL 714554 , at *13 (citing TEX. PROP. CODE § 92.056(b)(5)); see Griesinger v.”
Tex. Prop. Code § 92.056(d): 1 case
Bradford Place Apts. v. Ted Rawlings & Caitlin Kennedy (Tex. App. 2024). “TEX. PROP. CODE § 92.056. Bradford argues the trial court erred in ruling in favor of Rawlings and Kennedy because they (1) failed to send two written notices to repair conditions to Bradford, as required by the property code; (2) failed to provide evidence that the condition…”
Tex. Prop. Code § 92.056(e): 1 case
Churchill Forge, Inc. v. Brown, 61 S.W.3d 368 (Tex. 2002). “[7] See Tex. Prop.Code § 92.056(e) ("a tenant to whom a landlord is liable .”
Tex. Prop. Code § 92.056(g): 3 cases
Am. Campus Communities, Inc. v. Beth Berry, Brooke Berry, Yael Spirer, & Hailey Hoppenstein, Individually & on Behalf of All Others Similarly Situated (Tex. App. 2021). “See Tex. Prop. Code § 92.056 (“Landlord Liability and Tenant Remedies; Notice and Time for Repair”).”
Am. Campus Communities, Inc. v. Beth Berry, Brooke Berry, Yael Spirer, & Hailey Hoppenstein, Individually & on Behalf of All Others Similarly Situated (Tex. App. 2021). “Although Defendants do not contest its their noncompliance with the statutory mandate of Texas Property Code Section 92.056(g) prior to circulating the “2018 Lease Addendum,.”
Dennis Topletz, Individually, as Heir of Harold Topletz, & D/B/A Topletz Investments v. James Choice (Tex. App. 2023). “3 Moreover, although a landlord’s duty to repair is not triggered until a tenant makes an appropriate repair request, see TEX. PROP. CODE § 92.056(a)(1), nothing in sections 92.”
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