Austin landlord won't make repairs? Local rules and help

Short answer: Texas state repair law applies in Austin like everywhere in Texas: 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 and the other conditions in the law are met (Tex. Prop. Code § 92.052). Austin also has its own city rules and a city complaint process. Those are separate from your written request to the landlord. One doesn't replace the other.

Austin city rules that may apply

Heat. Austin city code sets a standard for heating able to keep 68°F in habitable rooms, bathrooms, and toilet rooms (stoves and unvented fuel-burning heaters don't count), enforced by the city. You can report a problem to Austin 311. Source: Austin Property Maintenance Code § 602.2 (local amendments to the 2021 IPMC); services.austintexas.gov/edims/document.cfm?id=360070.

Air conditioning. The city's Safe At Home checklist asks whether the HVAC system can cool the room to 85°F. Source: austintexas.gov/development-services/safe-home.

These are city enforcement standards, enforced by the city. They aren't something a tenant enforces in court.

How to report a problem to the City of Austin

Report to the city: call 311 or 512-974-2000. Austin Development Services Code Compliance investigates rental property complaints. Source: austintexas.gov/services/report-code-violation

Tips: give the exact address and unit number, describe the problem, and ask for the inspector's name and a case number. Keep the number in your log.

Austin tenant resources

City of Austin rental checklist (inside and outside items to check): austintexas.gov/development-services/code-compliance-resources
Texas RioGrande Legal Aid (Central, South and West Texas): trla.org
TexasLawHelp.org: free legal information and forms.
State Bar of Texas Lawyer Referral Information Service: texasbar.com/lris

Common problems in Austin rentals

AC · No heat · Mold · No hot water · Leaking ceiling or roof · Plumbing leaks · Sewage backup · Electrical · Pests and roaches · Broken locks · Broken windows · Appliances

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."

Frequently asked questions

Who do I call in Austin if my landlord won't fix something?

You can report housing code problems to the City of Austin (see the contact above). That's separate from your written repair request to the landlord, which goes to the person or place where you pay rent. Source: Tex. Prop. Code § 92.056(b)(1).

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.

Is there free legal help in Austin?

Yes. See the legal aid listed above, or TexasLawHelp.org.

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.

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