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TX · Habitability

Texas habitability

If a rental in Texas is unsafe — no heat, no water, serious mold, pests, broken locks — photograph it, write the landlord, and ask the city housing or health department about a complaint. What a landlord must keep working is in Texas Property Code — residential tenancies. Ask legal aid before you withhold rent.

You do not have to solve the whole case tonight. Take the next right step.

Do this today

  • Photograph the condition. Include anything that makes the unit unsafe to occupy.
  • Write the landlord. Date it. Keep a copy.
  • Ask the city about a housing or health complaint process.
  • If you cannot stay in the unit tonight, 211 can help with shelter and local services.

What does 'uninhabitable' mean in ${n}?

There is no national checklist for private rentals. Texas Property Code — residential tenancies is where Texas describes the landlord's duty to keep the place fit to live in. Heat, water, sanitation, and structural safety are the usual core — the exact list is in the chapter, not here.

What if I have to leave tonight?

Safety first. 911 if someone is in danger. 211 for shelter and local services. A condition complaint and a repair request can wait until you are somewhere safe. Legal aid can talk through whether Texas allows you to treat the unit as unlivable and what that does to the tenancy.

The Texas chapter

Texas Property Code — residential tenancies (Tex. Prop. Code ch. 92) is the starting point. We name it. We do not paraphrase a day-count or a dollar cap out of it.

Texas puts most residential tenancy rules in Chapter 92 of the Property Code, and the Attorney General publishes a renter's rights page. Texas is a state where the written lease carries a lot of weight, so read yours alongside the statute.

Texas cities generally operate under state law for tenancy rules, but local code-enforcement and health departments handle housing-condition complaints and their processes differ by city.

Official sources

Common questions

Is 'uninhabitable' the same in every Texas city?

The state chapter is the floor. City housing codes can add more. Confirm both. Texas Property Code — residential tenancies is the starting point.

Can I stop paying rent if the unit in Texas is unsafe?

Only if Texas provides a process, and only if you follow it. Ask legal aid first. A wrong withhold can become an eviction case on top of the condition problem.

The national habitability guide has the full sequence. Open the habitability guide

People also ask

Last reviewed 8 September 2026. Legal information, not legal advice. Not a law firm. hello@renterprotection.org