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Texas Property Code - PROP § 92.052. Landlord's Duty to Repair or Remedy

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(a)?A landlord shall make a diligent effort to repair or remedy a condition if:

(1)?the tenant specifies the condition in a notice to the person to whom or to the place where rent is normally paid;

(2)?the tenant is not delinquent in the payment of rent at the time notice is given; ?and

(3)?the condition:

(A)?materially affects the physical health or safety of an ordinary tenant; ?or

(B)?arises from the landlord's failure to provide and maintain in good operating condition a device to supply hot water of a minimum temperature of 120 degrees Fahrenheit.

(b)?Unless the condition was caused by normal wear and tear, the landlord does not have a duty during the lease term or a renewal or extension to repair or remedy a condition caused by:

(1)?the tenant;

(2)?a lawful occupant in the tenant's dwelling;

(3)?a member of the tenant's family; ?or

(4)?a guest or invitee of the tenant.

(c)?This subchapter does not require the landlord:

(1)?to furnish utilities from a utility company if as a practical matter the utility lines of the company are not reasonably available; ?or

(2)?to furnish security guards.

(d)?The tenant's notice under Subsection (a) must be in writing only if the tenant's lease is in writing and requires written notice.

Cite this article: FindLaw.com - Texas Property Code - PROP § 92.052. Landlord's Duty to Repair or Remedy - last updated April 14, 2021 | https://codes.findlaw.com/tx/property-code/prop-sect-92-052.html


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