Texas Property Code
§ 92.0561 — TENANT'S REPAIR AND DEDUCT REMEDIES
PR § 92.0561Title 8. LANDLORD AND TENANT · Ch. 92. RESIDENTIAL TENANCIES · Art. B. REPAIR OR CLOSING OF LEASEHOLD
Statute text
View on source(a)If the landlord is liable to the tenant under Section 92.056(b), the tenant may have the condition repaired or remedied and may deduct the cost from a subsequent rent payment as provided in this section.
(b)The tenant's deduction for the cost of the repair or remedy may not exceed the amount of one month's rent under the lease or $500, whichever is greater. However, if the tenant's rent is subsidized in whole or in part by a governmental agency, the deduction limitation of one month's rent shall mean the fair market rent for the dwelling and not the rent that the tenant pays. The fair market rent shall be determined by the governmental agency subsidizing the rent, or in the absence of such a determination, it shall be a reasonable amount of rent under the circumstances.
(c)Repairs and deductions under this section may be made as often as necessary so long as the total repairs and deductions in any one month do not exceed one month's rent or $500, whichever is greater.
(d)Repairs under this section may be made only if all of the following requirements are met:
(1)The landlord has a duty to repair or remedy the condition under Section 92.052, and the duty has not been waived in a written lease by the tenant under Subsection (e) or (f) of Section 92.006.
(2)The tenant has given notice to the landlord as required by Section 92.056(b)(1), and, if required, a subsequent notice under Section 92.056(b)(3), and at least one of those notices states that the tenant intends to repair or remedy the condition. The notice shall also contain a reasonable description of the intended repair or remedy.
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Legislative history
Acts 2025, 89th Leg., R.S., Ch. 732 (H.B. 2037), Sec. 1, eff. September 1, 2025.