Sewage is backing up in my rental. What does Texas law say?

Short answer: Sewage inside your home is a health problem. 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 and the other conditions in the law are met (Tex. Prop. Code § 92.052). A written lease can make you pay to repair damage from wastewater stoppages caused by foreign or improper objects in lines that serve only your unit, but only if the clause is underlined or in bold and meets other requirements, and not if the landlord's negligence caused it. The landlord still must repair, at the landlord's expense, stoppages or backups caused by deterioration, breakage, roots, ground conditions, faulty construction, or malfunctioning equipment. Source: Tex. Prop. Code § 92.006(e)(4), (f).

Stay safe first

Keep children and pets away. Don't touch sewage with bare hands.
Stop using drains and toilets that are backing up.
Wash your hands and anything sewage touched.
Call your landlord's emergency number right away. Texas landlords must provide a number for reporting emergencies (Tex. Prop. Code § 92.020). If there's an on-site management office, that number must be answered 24 hours a day.
In some cities you can also report sewage problems through 311.

What to write down

Where it's coming up: toilet, tub, floor drain, sink.
Date and time it started, and each time it happens again.
Damage to floors, walls, or your belongings.
Whether other units have the same problem.
Every call or report, with dates and names.

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

Who pays for a sewer backup in a Texas rental?

It depends on the cause and your lease. A written lease can make you pay to repair damage from wastewater stoppages caused by foreign or improper objects in lines that serve only your unit, but only if the clause is underlined or in bold and meets other requirements, and not if the landlord's negligence caused it. The landlord still must repair, at the landlord's expense, stoppages or backups caused by deterioration, breakage, roots, ground conditions, faulty construction, or malfunctioning equipment. Source: Tex. Prop. Code § 92.006(e)(4), (f).

Is sewage an emergency?

Raw sewage inside your home is a health concern. Call the landlord's emergency number, and put your request in writing too. Source: Tex. Prop. Code § 92.020.

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.