Texas law does not allow tenants to withhold rent if their landlord hasn't made repairs.

If you illegally withhold some or all of the rent, you could be liable to your landlord for one month's rent plus $500 and attorney's fees. This law is in Texas Property Code Section 92.058.

Repair & Deduct

The Texas Property Code mentions a few situations in which a tenant may be able to deduct repair costs from the rent. These only apply in very narrow circumstances, like installing security devices (Section 92.164) or reconnecting utility shutoffs (Section 92.301).

There is also a more general "repair and deduct" remedy in Section 92.0561. This remedy allows a tenant to make repairs and deduct the cost of the repairs from a subsequent rent payment. It has very strict requirements and is only available for certain major problems. See the Remedies for Failure to Repair page of our Landlord/Tenant Law guide for details.

If you do not follow the right steps, you could be liable for late fees, civil penalties, and eviction.

Requesting Repairs

You must follow specific steps to request repairs. See the Repairs page of our Landlord/Tenant guide for details.

If your landlord won't make repairs, you may have other remedies like filing a lawsuit or terminating the lease. See the Remedies for Failure to Repair page of our Landlord/Tenant Law guide. 

The law can be complex, so you may wish to talk to an attorney before taking any action. For more information on finding an attorney, please see the library's Legal Help page.

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Guides

• Landlord/Tenant Law