My heat isn't working. What does Texas law say?

Short answer: Texas state law doesn't set a statewide indoor temperature. A broken heater can still be a condition that materially affects the physical health or safety of an ordinary tenant, once the other conditions in the law are met (Tex. Prop. Code § 92.052). Several Texas city codes set heating standards. These are city enforcement standards: the city enforces them, and they aren't something a tenant enforces in court. Houston city code sets a standard of 70°F inside, measured three feet above the floor, when it is 20°F outside (Houston Code § 10-363). Dallas city code sets a standard of at least 15°F warmer than outside and never below 68°F in each habitable room (Dallas City Code § 27-11(e)(2)). Austin city code sets a standard of 68°F in habitable rooms, bathrooms, and toilet rooms (Austin Property Maintenance Code § 602.2). Fort Worth city code sets a standard of 68°F in habitable rooms (Fort Worth City Code § 7-88(b)(2)). San Antonio city code sets a standard of 60°F or warmer from November 1 to March 31 (City Code § 6-52). You can report a problem to your city's 311. Check your city page below.

What to write down

Which rooms are cold, and whether the heater runs at all.
Indoor temperature at the center of the room, about three feet above the floor, with the date and time. A thermometer photo works.
Outdoor temperature at the same time (a weather app screenshot).
Who in the home is at higher risk: babies, older adults, anyone with a health condition.
Every report, with dates.

If you smell gas, leave and call 911 or your gas utility's emergency line from outside. Use space heaters carefully: plug them directly into a wall outlet and keep them away from anything that can burn. Never use a stove, oven, or outdoor grill to heat your home. Make sure you have a working carbon monoxide alarm if you have gas appliances; if it goes off, get outside and call 911.

How to ask for the repair in writing

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.
Add photos. Take a wide shot so it's clear where the problem is, then a close-up. Keep the originals with their dates.
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.
Keep copies and a simple log. Save your letter, photos, tracking, and a dated log of every call, visit, or reply.
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 fill-in-the-blank version, use the free Texas repair request letter template, or get the free Texas Tenant Repair Checklist. See all problems and cities on Texas repair problems.

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).

Rent status matters. The statute says the duty applies when "the tenant is not delinquent in the payment of rent at the time notice is given." If you have questions about your rent balance, talk with legal aid before sending a notice. 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

Frequently asked questions

Is my landlord required to provide heat in Texas?

State law doesn't set a temperature. Some cities do, including Dallas, Fort Worth, and San Antonio. A broken heater may be a condition that materially affects health or safety. Source: Tex. Prop. Code § 92.052(a); city codes cited above.

What temperature does heat have to reach in Dallas?

Dallas city code sets a standard for heating of at least 15°F warmer than outside, and never below 68°F, in each habitable room, enforced by the city. You can report a problem to Dallas 311. Source: Dallas City Code § 27-11(e)(2).

How long does my landlord have to fix it?

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.

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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.