My landlord won't fix the plumbing. What can I do in Texas?

Short answer: Plumbing problems like a pipe leak, a sewage backup, or your only toilet not working can be repairs your landlord has to make. Texas law requires a landlord to 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)). A slow drip in a guest sink may not qualify. A sewage backup is far more likely to.

Describe the plumbing problem clearly

• What's failing: a pipe, a drain, a toilet, a faucet, or the water supply.
• Where it is, and whether water is reaching floors, walls, or other units.
• Whether there's sewage, standing water, or a smell.
• The date it started and every time you reported it.
• Photos or a short video. For a backup, show the water level and where it's coming from.

If water is pouring, find the shutoff valve under the sink or behind the toilet and turn it off, then tell the landlord right away. For a sewage backup, keep children and pets away from the water.

Clogs caused by things put down a drain may count as tenant-caused damage, which is generally excluded unless it comes from normal wear and tear (Tex. Prop. Code § 92.052(b)). Describe what happened honestly.

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

Does my Texas landlord have to fix plumbing?

If the problem materially affects the physical health or safety of an ordinary tenant and the other conditions in the law are met, generally yes. Not every repair qualifies. Source: Tex. Prop. Code § 92.052(a).

What if the clog was my fault?

Damage caused by a tenant, family member, or guest is generally excluded unless it comes from normal wear and tear. Source: Tex. Prop. Code § 92.052(b).

How long does my landlord have to fix a plumbing leak?

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.

Can I call the city about a sewage backup?

Yes. Your city's 311 or code enforcement office handles housing code problems. That's separate from your request to the landlord.

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.