Texas Property Code §92.0561

Repair-and-Deduct in Texas: Can You Withhold Rent?

By Texas Tenants Rights Hub Editorial Team  |  Updated April 2025

The short answer to "can I withhold rent in Texas?" is: not exactly. Texas does not allow tenants to simply stop paying rent because the landlord hasn't made repairs. However, Texas law does allow something similar — the repair-and-deduct remedy — which lets you pay for repairs yourself and deduct the cost from your next rent payment. The distinction is important, and the rules are specific. Get them right, and you have a powerful tool. Get them wrong, and you could face eviction.

This article explains exactly what Texas law permits under TPC §92.0561, step by step, with the requirements and limits spelled out clearly.

What Is the Repair-and-Deduct Remedy?

Under TPC §92.0561, if a landlord fails to make a required repair within a reasonable time after proper written notice, and your rent is current, you may:

  1. Arrange for the repair to be made by a licensed or registered contractor
  2. Pay for the repair out of pocket
  3. Deduct the cost of the repair from your next rent payment

This is the legal way to "withhold rent" in Texas — you're not skipping rent, you're paying rent minus the verified, documented cost of a repair the landlord was obligated to make.

The Requirements: Every Box Must Be Checked

Texas courts have enforced the repair-and-deduct remedy strictly. If you miss any of these requirements, the deduction may be treated as unpaid rent, which can trigger eviction. Here is every requirement you must meet:

✓ Repair-and-Deduct Checklist

Condition: Must Affect Health or Safety

Repair-and-deduct is available only for conditions that "materially affect the physical health or safety of an ordinary tenant" (TPC §92.052). This is a substantive threshold. It covers problems like:

It does not cover purely cosmetic issues — peeling paint, outdated appliances, minor aesthetic problems — no matter how annoying they are.

Written Notice: Required Before Anything Else

You cannot use repair-and-deduct unless you first gave the landlord written notice of the condition. Written means written — a text message, email, or letter. Verbal complaints do not count for this purpose. Keep your written notice. You'll need it if the matter ends up in court.

Your notice should describe the condition specifically, state where in the unit it's located, and explain how it affects health or safety. The more specific the notice, the less the landlord can claim they didn't understand what needed repair.

Reasonable Time: The 7-Day Standard

After receiving your written notice, the landlord has a "reasonable time" to make a diligent effort to repair. TPC §92.056 establishes that a 7-day period is generally used as a guideline, though courts consider the nature of the condition. Emergency conditions — a heating system failure in winter, sewage backup, no running water — may warrant a shorter reasonable time of 24–48 hours.

The landlord satisfies the "diligent effort" standard by actually ordering parts, scheduling a contractor, or otherwise taking concrete steps toward repair. A landlord who says "I'll get to it" but takes no action has not made a diligent effort.

Rent Must Be Current

This is the most commonly overlooked requirement. Your rent must be fully current at the time you exercise the repair-and-deduct remedy. Even one day's unpaid rent disqualifies you from using this remedy until you pay up. Pay any outstanding rent first, then exercise the remedy.

Do Not "Withhold" Rent as Pressure
Simply refusing to pay rent to pressure the landlord into making repairs is not a legal strategy in Texas. Without following the repair-and-deduct procedure precisely, refusing to pay rent exposes you to eviction for nonpayment — and the judge will likely not accept "the landlord didn't fix things" as a defense if you didn't follow the statutory procedure.

The Contractor Requirement

The repair must be made by a contractor who is licensed or registered as required by law. You cannot do the repair yourself and deduct the labor cost. You also cannot have a friend or handyman (unless they are properly licensed) do the work and deduct it.

For repairs requiring licensed trades — HVAC, plumbing, electrical — this means hiring an appropriately licensed contractor. For general repairs, a registered contractor suffices. Get the contractor's license or registration information and include it in your records.

The Dollar Limit: One Month's Rent Maximum

Under TPC §92.0561(b), the deduction cannot exceed the amount of one month's rent. If your rent is $1,200 per month, you can deduct at most $1,200 for any single use of this remedy, regardless of how much the repair actually cost. If the repair costs more than one month's rent, you may pursue the excess through other remedies (such as suing the landlord for the difference) or terminate the lease.

Frequency Limit: Twice Per 12 Months

You may use the repair-and-deduct remedy no more than twice in any 12-month period. This prevents it from becoming a routine substitute for repair requests — it's intended as a remedy for landlord inaction, not a long-term repair arrangement.

How to Execute the Repair-and-Deduct Correctly

  1. Send written notice of the specific condition to the landlord. Keep a copy.
  2. Wait the required time — generally 7 days, or less for emergencies. Document the landlord's response or lack of one.
  3. Confirm your rent is current. If not, pay what you owe first.
  4. Send a second notice informing the landlord you intend to use the repair-and-deduct remedy under TPC §92.0561 unless repairs are made within [X] days. This often prompts action and creates a clear record.
  5. Hire a licensed contractor and get a written estimate before work begins.
  6. Have the repair completed and obtain a detailed invoice.
  7. Pay reduced rent with a written explanation — state the repair amount being deducted, attach a copy of the contractor's invoice and license information, and cite TPC §92.0561.
  8. Keep copies of everything — notices, invoices, contractor license information, your reduced rent payment.

What Happens If the Landlord Disputes the Deduction?

If the landlord claims you owe the deducted amount and files for eviction for nonpayment, you will defend in court by showing you complied with every requirement of TPC §92.0561. This is why documentation is so critical — you need to be able to prove every step of the process.

If you followed every requirement correctly, the deduction is legitimate and the landlord cannot successfully claim nonpayment. If you missed a step, the judge may rule that you owe the deducted amount as back rent.

Alternatives to Repair-and-Deduct

If the repair cost exceeds one month's rent, or if the condition is so severe that the unit is uninhabitable, consider these alternatives under TPC §92.056:

Summary

Disclaimer: This information is for general educational purposes only and does not constitute legal advice. For advice about your specific situation, consult a licensed Texas attorney.