Right to Repairs in Texas

Statute: Tex. Prop. Code §§ 92.052, 92.056, 92.0561, 92.0563; TRCP 509 (Repair and Remedy Cases). Texas explicitly grants repair-and-deduct, but the cap and the strict notice preconditions make most pro se attempts fail on procedure.

Repair-and-deduct cap (§ 92.0561(b))

The tenant-funded repair deduction cannot exceed the greater of one month's rent OR $500 per month. Multiple repairs across months are permitted, but the total deducted in any single month cannot exceed one month's rent. For subsidized housing, "one month's rent" equals fair-market rent set by the subsidizing agency.

Licensed-tradesman and receipt requirements (§ 92.0561(e), (j))

• Use a company or tradesman listed in local directories
• Repairman must not be related to the tenant
• Tenant must furnish the landlord a copy of the repair bill and receipt with the reduced rent payment
• Skip the receipt → deduction is unlawful and § 92.058 exposes you to actual damages + one month's rent + $500 + landlord's fees

Notice preconditions (§ 92.056(b))

Six elements, all required:

1. Notice to the person/place where rent is paid
2. Condition materially affects physical health/safety
3. Either a second written notice after a reasonable time, or a single certified/registered/tracked-mail notice (§ 92.056(b)(3))
4. Reasonable time passed (7-day presumption — § 92.056(d); 3 days for no water/heat/AC; immediate for sewage/flood)
5. Landlord did not diligently attempt repair
6. Tenant not delinquent in rent (§ 92.052(a)(2); § 92.056(b)(5))

Judicial remedies (§ 92.0563)

JP court Repair and Remedy suit (concurrent jurisdiction with county/district; JP cap $20,000):

• Order to repair
• Rent reduction from date of notice
• Actual damages
• Civil penalty: one month's rent + $500
• Reasonable attorney's fees + court costs

Where + how fast

File in the JP precinct where the rental is located. TRCP 509.3(b) sets appearance date 10–21 days after petition filed; § 92.0563(d) requires hearing between 6 and 10 days after service. Citation must be served at least 6 days pre-trial and returned at least 1 day pre-trial (TRCP 509.4).

Concrete costs

• Filing fee: ~$54 Harris/Dallas/Tarrant/Bexar; ~$51 Travis JP1 with in-county service.
• Service: $75–$155 per defendant (Harris $85; Dallas $80).
• Certified mail + return receipt: ~$10.48.
• Fee waiver: TRCP 145 Statement of Inability — clerk must docket the case and issue citation without payment.

One-and-done certified-mail notice script

"Pursuant to Tex. Prop. Code §§ 92.052 and 92.056, I give you written notice of the following condition(s) that materially affect the physical health or safety of an ordinary tenant: [specific description with dates]. My rent is current and paid through [date]. I request repair within seven (7) days, the presumed reasonable time under § 92.056(d). If the condition is not repaired within that time, I intend to exercise my repair-and-deduct remedy under § 92.0561 and/or seek judicial remedies under § 92.0563, including an order compelling repair, rent reduction, civil penalty of one month's rent plus $500, actual damages, court costs, and attorney's fees. This notice is sent by certified mail, return receipt requested, pursuant to § 92.056(b)(3) and constitutes sufficient notice without a second notice."

Repair-deduction cover letter (enclosed with next rent payment)

"Enclosed is rent for [month] of $[rent minus repair cost], with the invoice and paid receipt from [licensed tradesman] dated [date] totaling $[amount] for repair of [condition] at [address]. Pursuant to § 92.0561(j), rent is reduced by the repair cost, which does not exceed one month's rent or $500, whichever is greater. Prior notice dated [date] (USPS certified mail RRR, tracking # [####]) is attached."

Landlord-appeal quirk

A landlord's appeal from JP stays repair and rent-reduction orders without requiring a bond (§ 92.0563(f)). Plan for delay if the landlord appeals; the case gets retried de novo in county court 8+ days after transcript filing.