There's mold in my Texas rental. Does my landlord have to fix it?

Short answer: Texas doesn't have a state law that sets specific mold standards landlords must meet. State mold rules (Texas Occupations Code ch. 1958) license mold assessors and remediators; they don't say what a landlord must repair. Mold may be covered by the general repair law if it materially affects health or safety: a landlord must make a diligent effort to repair a condition that materially affects the physical health or safety of an ordinary tenant, once you've given notice to the person or place where you pay rent, you're current on rent when you give notice, and the problem wasn't caused by you, your household, or your guests (other than normal wear and tear) (Tex. Prop. Code § 92.052(a)). Mold often comes from a leak, so the leak itself may be the condition to report.

Describe the mold and its cause

Name both the mold and the water source. Include:

• Where the mold is (bathroom ceiling, behind the washer, around a window, in an AC closet).
• How big it is, and whether it's growing. Photos a week apart help show change.
• Any leak, drip, stain, or musty smell nearby.
• Whether anyone in the home has asthma, allergies, or a breathing condition.
• The dates you reported it before.

Photograph mold before cleaning or painting over it. Run fans and report leaks early (Tex. Prop. Code § 92.052(b) generally excludes tenant-caused damage).

Your city's code enforcement office may inspect under local housing codes.

How to ask for the repair in writing

1. Say what's wrong, in your own words. What failed, where it is, and the date you first noticed it. Keep it short and factual.
2. Add photos. Take a wide shot so it's clear where the problem is, then a close-up. Keep the originals with their dates.
3. Send it to where you pay rent. The law looks at notice given to the person to whom, or the place where, rent is normally paid (Tex. Prop. Code § 92.056(b)(1)). You can also email the manager, but emailing a PDF is not the same as sending it by certified mail.
4. Keep copies and a simple log. Save your letter, photos, tracking, and a dated log of every call, visit, or reply.
5. Keep using the portal if you have one. Take a screenshot of each request. A portal request is not the same as a mailed notice.

For a step-by-step version, get the free Texas Tenant Repair Checklist or read How to ask a Texas landlord to make a repair. If your request is stuck in an online portal, see Repair request still sitting in the portal?

The basics of your repair rights

The landlord has a duty to repair serious problems. Not every repair qualifies. Texas law says a landlord must make a diligent effort to repair or remedy a condition that materially affects the physical health or safety of an ordinary tenant, once the tenant has told the landlord and the other conditions are met. Source: Tex. Prop. Code § 92.052(a).

Be current on rent when you give notice. The duty generally applies only if you are not behind on rent at the time the notice is given. Source: Tex. Prop. Code § 92.052(a)(2) and § 92.056(b)(6).

Check your lease about written notice. If your lease is written and requires written notice, the repair notice has to be in writing. Source: Tex. Prop. Code § 92.052(d).

Time to repair. The clock does not start when the email is sent. Under Texas Property Code § 92.056(c), the landlord is considered to have received the notice when the landlord or the landlord's agent or employee has actually received it, or when the Postal Service has attempted to deliver it. Under § 92.056(d), seven days after that date is a rebuttable presumption of a reasonable time, not a deadline. Paying, or handing the letter to the mail service, also does not start the clock. Source: Tex. Prop. Code § 92.056(c) and (d).

Thinking about anything bigger? The law has other remedies, but each has strict requirements and a misstep can cause serious problems. If you're thinking about any step beyond asking for the repair, like changes to your rent or lease, talk with a lawyer or legal aid first. Source: Tex. Prop. Code § 92.056(e); Texas Attorney General, "Renter's Rights."

Where to get free help

• TexasLawHelp.org: free legal information and forms for Texans.
• Lone Star Legal Aid (Houston and Southeast Texas): 713-652-0077 · 800-733-8394
• Legal Aid of NorthWest Texas (Dallas, Fort Worth, North and West Texas): landlord-tenant line 855-548-8457
• Texas RioGrande Legal Aid (Central, South and West Texas): trla.org
• Your city's 311 or code enforcement for housing code problems. A city complaint is a separate step from your request to the landlord. One doesn't replace the other.
• State Bar of Texas Lawyer Referral Information Service: texasbar.com/lris

More questions? See our FAQ.

Frequently asked questions

Is mold a repair my Texas landlord has to make?

It can be, if the condition materially affects the physical health or safety of an ordinary tenant and the other conditions in the law are met. Not every repair qualifies. Source: Tex. Prop. Code § 92.052(a).

Should I mention the leak causing the mold?

Yes. Describe the leak and the mold, with photos of both and the date you first noticed them.

Can I get the mold tested?

You can, but it isn't required to ask for a repair. Clear photos and a written description are a good start. For health concerns, talk to a doctor.

How long does my landlord have to fix mold?

The clock does not start when the email is sent. Under Texas Property Code § 92.056(c), the landlord is considered to have received the notice when the landlord or the landlord's agent or employee has actually received it, or when the Postal Service has attempted to deliver it. Under § 92.056(d), seven days after that date is a rebuttable presumption of a reasonable time, not a deadline. Paying, or handing the letter to the mail service, also does not start the clock.

Want us to send it for you?

In Writing Solutions helps you write your repair notice in your own words, with up to six photos. For $19, paid once, we email the same PDF to your landlord and mail it by USPS Certified Mail to the address where you pay rent. The USPS tracking is saved with your notice. A certified letter can go unclaimed. You read the notice before anything is sent.

Start your $19 notice · See a sample first · Get the free checklist

Not legal advice. Not a law firm. This page is general information, not a substitute for the advice of an attorney. Laws change; check the current law or ask a lawyer.