There is no state law that specifically gives tenants the right to be provided with climate control measures like air conditioning or heating. However, the law or the lease agreement may require the landlord to protect their tenant against extreme temperatures or to maintain any climate control units. Be sure to review:

• your lease agreement;
• your city's local ordinances; and
• the "repair and remedy" laws that require a landlord to fix certain major problems.

Check Your Lease

Read through your lease to see if it mentions air conditioning or heating. Your lease may say whether your landlord has agreed to maintain A/C or heating equipment.

If you need help understanding your lease, consider using Free Legal Answers. You can use this service to upload a copy of your lease so that a volunteer attorney can review it and respond to your questions.

Check Your Local Ordinances

If you live in a city, you may have local laws that require your landlord to protect you from extreme temperatures. Dallas and Houston both have ordinances that require property owners to provide and maintain air conditioning and heating within a certain temperature. Note that in Houston, A/C is only required if door and window screens are not provided. Many cities make their ordinances available online. 

Most cities do not require residential properties to have air conditioning or heating. However, some cities have technical building codes with minimum standards that would apply if the unit does have climate control. If you suspect your unit's air conditioning or heating systems are not up to code, consider contacting your local code enforcement department for help.

Request Repairs From Your Landlord

If your unit came with air conditioning or heating and it is no longer working, state law may offer some protections. Section 92.052 of the Texas Property Code requires a landlord to "repair or remedy a condition" that "materially affects the physical health or safety of an ordinary tenant." Section 92.056 outlines the steps a tenant must take to request these repairs.

In order to request repairs under this section:

• you cannot be behind on rent; and
• the problem cannot be caused by you, your family, or guests unless it was a result of normal wear and tear.

This law would not require a landlord to provide you with air conditioning or heating if you didn't have it before. However, it might require them to fix a broken unit.

Section 92.056 of the Texas Property Code has very specific procedures for asking the landlord to fix the problem. Make sure you follow these steps before taking other measures.

Repair and Deduct Remedy

You may have followed all the steps for requesting repairs but the landlord has not fixed the issue. If so, Texas Property Code Section 92.0561 allows a tenant to have the condition repaired. They can then deduct the costs of repairs from a subsequent rent payment. 

This is known as the "repair and deduct" remedy. It has very strict requirements about notices, deduction amounts, and repairs. Failure to follow the exact steps can have serious consequences, including late fees, civil penalties, and eviction. See the Remedies for Failure to Repair page of our Landlord/Tenant Law guide for details about this and other remedies.

Repairing faulty cooling or heating equipment is addressed in Section 92.0561(d)(3). After the tenant has followed all steps for requesting repairs, the repair and deduct remedy may be available if: 

• the landlord’s duty to repair is not waived in the written lease;
• the lease says or implies that the landlord will provide heating or cooling equipment;
• the equipment is producing inadequate heat or cooled air; and
• the landlord has been notified in writing by the local housing, building, or health official that the lack of heat or cooling affects the health or safety of an ordinary tenant.  

The tenant can have the air conditioning or heating equipment repaired if:

• all the legal requirements are met; and
• the landlord hasn’t fixed the problem within 3 days of receiving the tenant’s notice of intent to repair. 

If you're considering this option, it's a good idea to talk to a lawyer first. For more information on finding an attorney, please see the library's Legal Help page.

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FAQs

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Guides

• Landlord/Tenant Law