Housing · Repair and Deduct
Repair and Deduct in Texas
How much of the rent a tenant can spend on a repair and subtract in Texas, how often, the notice required, and the alternative if the state has no statutory remedy. Cited to the statute.
How repair and deduct works in Texas
The cost cap or the alternative remedy, the notice steps, and the limits that apply.
| How it works | What it means |
|---|---|
| Follow the §92.056 steps first | Before deducting, the tenant must be current on rent, notify the landlord, allow a reasonable time to repair, and usually give a second notice. The condition must materially affect an ordinary tenant’s physical health or safety. Missing a step defeats the remedy. |
| Cost cap: greater of one month’s rent or $500 | The deduction may not exceed the amount of one month’s rent under the lease or $500, whichever is greater. |
| As often as necessary within the monthly cap | Repairs and deductions may be made as often as necessary, so long as the total in any one month does not exceed one month’s rent or $500, whichever is greater. |
| Use a qualified repairperson | The work must be done by a company or tradesman in the ordinary course of business, and only the reasonable cost may be deducted. |
| Limits and alternatives | What it means |
|---|---|
| Tenant-caused damage | The remedy is unavailable if the condition was caused by the tenant, a family member, a guest, or an invitee. |
| Subsidized rent adjusts the cap | If rent is subsidized by a government agency, the one-month’s-rent ceiling means the fair market rent for the unit, not the tenant’s subsidized payment. |
What you can do right now
Concrete, neutral steps if the landlord will not repair in Texas. This is legal information, not legal advice.
- Stay current on rent, then notify in writing
The Texas remedy is lost if you are behind on rent. Pay what you owe, then send written notice of the problem to the landlord.
- Follow the two-notice sequence
In most cases you must give a first notice and then a second, and allow a reasonable time, with seven days presumed reasonable after the second notice.
- Keep the deduction within the monthly cap
Deduct only the reasonable cost, up to the greater of one month’s rent or $500 in any one month, and keep the paid invoice.
- Talk to a Texas tenant resource if unsure
The notice chain is unforgiving. Texas Law Help or a licensed Texas attorney can confirm your steps. The State Bar can refer you to one.
Repair remedies have strict notice steps, and using the wrong one can put your tenancy at risk. This resource can connect you with a tenant hotline or a licensed attorney.
→ State Bar of Texas — Lawyer ReferralThis is general legal information, not legal advice. Notice steps, caps, and local ordinances can change the answer, so confirm your situation with a tenant resource or a licensed attorney.
What Texas tenants get wrong about repair and deduct
Texas gives tenants a repair-and-deduct remedy with a generous cap, but the dollar figure is the easy part; the procedure is where cases are lost. Under Property Code §92.0561 the deduction may not exceed one month’s rent or $500, whichever is greater, and it can be used as often as necessary as long as the monthly total stays within that cap. Getting there requires the strict §92.056 chain: the tenant must be current on rent, notify the landlord, allow a reasonable time to repair, and usually send a second notice, and the defect must materially affect an ordinary tenant’s health or safety. Seven days after the second notice is presumed a reasonable time. Skip a step, or fall behind on rent, and the remedy evaporates. The work must be done by a real repairperson, and only the reasonable cost counts. If rent is government-subsidized, the one-month ceiling uses fair market rent, not your subsidized share. Follow the notice sequence exactly, and the cap is comfortable.
Common questions
How much can a tenant repair and deduct in Texas?
The greater of one month’s rent or $500, under Property Code §92.0561, and repairs can be repeated as often as necessary as long as the total in any one month stays within that cap.
What notice does Texas require before repair and deduct?
You must be current on rent, notify the landlord, allow a reasonable time, and usually give a second notice. Seven days after the second notice is presumed reasonable. Skipping a step defeats the remedy.
Can I repair and deduct in Texas if I am behind on rent?
No. Being current on rent is a prerequisite under §92.056. If you owe rent, the repair-and-deduct remedy is not available until you are caught up.
Does the Texas cap change for subsidized housing?
Yes. If a government agency subsidizes the rent, the one-month’s-rent ceiling is measured by the fair market rent for the unit, not by the tenant’s reduced payment.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.