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

Short answer: Texas state law doesn't require a landlord to provide air conditioning. But if your home came with AC and it stops working, the landlord may have to repair it when the broken AC materially affects the physical health or safety of an ordinary tenant. That duty starts 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). Your lease and your city's ordinances may also cover AC (Tex. Prop. Code § 92.052(a); Texas State Law Library, "Does my landlord have to provide air conditioning or heating?").

A dead AC in a Texas summer is more than uncomfortable. Heat can be dangerous, especially for babies, older adults, and anyone with a health condition. If someone is showing signs of heat illness, call 911 first.

What makes an AC problem serious

Whether a broken AC "materially affects health or safety" depends on the facts: how hot it is inside, how long it's been out, and who lives with you. Write those facts down. Helpful details include:

• The date the AC stopped working, and whether it blows warm air or nothing at all.
• The indoor temperature, with a photo of the thermostat and the date.
• Anyone in the home who is especially at risk from heat.
• Every time you reported it: calls, portal requests, and work orders, with dates.

Check your lease too. Many Texas leases say the landlord will maintain the AC, and some cities have their own cooling rules.

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 a Texas landlord have to provide air conditioning?

There's no state law that requires a landlord to provide AC. If your unit came with AC, your lease, city ordinances, or the state repair law may require the landlord to fix it when it breaks. Source: Texas State Law Library; Tex. Prop. Code § 92.052(a).

How long does a landlord have to fix AC in Texas?

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 311 about a broken AC?

Yes. A city complaint to 311 or code enforcement is a separate step from your request to the landlord. You can do both.

Should I stop paying rent until the AC is fixed?

If you're behind on rent when you give notice, the repair law's duty may not apply. Source: § 92.052(a)(2) and § 92.056(b)(6). Talk with a lawyer or legal aid before making any changes to your rent.

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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.