Dallas, TX asked in Landlord - Tenant for Texas

Q: Tenant delinquent on rent, water pipes burst does the landlord have to fix?

This is in reference too:

Texas Property Code Sec. 92.052 Landlord’s Duty to Repair or Remedy

(a) A landlord shall make a diligent effort to repair or remedy a condition if:

(1)the tenant specifies the condition in a notice to the person to whom or to the place where rent is normally paid;

(2)the tenant is not delinquent in the payment of rent at the time notice is given; and

(3)the condition:

(A)materially affects the physical health or safety of an ordinary tenant; or

(B)arises from the landlord’s failure to provide and maintain in good operating condition a device to supply hot water of a minimum temperature of 120 degrees Fahrenheit.

Does ALL conditions a (1) (2) and (3) have to be TRUE for the landlord to have duty to make the repair?

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1 Lawyer Answer
Jonathan Tanaka
Jonathan Tanaka
Answered
  • Landlord Tenant Lawyer
  • Harker Heights, TX
  • Licensed in Texas

A: Yes, it appears to be. This remedy involves more than just these subpoints. I believe there are three additional requirements that need to be also met as well as some other code sections that flesh out what "notice" means.

I am not sure if you are the landlord or the tenant here, but in either situation, I would suggest reaching out to a local attorney before attempting this on your own. This is quite a complicated remedy. Best of luck!

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