Houston landlords know the story: the outside temperature hits triple digits, and suddenly every call is about one thing, the heat inside the apartment.
In a Houston summer, a broken AC is not just uncomfortable; it can quickly become a real risk to a tenant’s physical health, especially in older housing with poor airflow or aging systems. That’s why air conditioning is more than an optional perk for many rentals. It affects safety, rent stability, and your compliance with Texas law.
When you understand how AC fits into your legal duties, your lease, and your maintenance plan, you are not just “being nice” to tenants. You are protecting your property, reducing disputes, and running a more innovative business in one of the country's hottest cities.
Key Takeaways
- Texas law does not always require air conditioning, but a broken AC that materially affects an ordinary tenant’s health or safety can create a duty to repair.
- When a lease agreement or advertisement promises AC in a rental unit, landlords must make a diligent effort to repair and maintain it within a reasonable time after written notice.
- Using certified or registered mail with return receipt requested, and keeping proof of the first notice and any second written notice, helps if a dispute reaches court.
- Suppose dangerous conditions continue and the landlord does not fix the problem. In that case, tenants may, in limited circumstances, deduct some cost, seek a legal remedy, or end the lease under Texas law.
How Texas Law Looks at Air Conditioning
Texas law does not require every rental unit to have air conditioning, but Chapter 92 does require landlords to fix problems that seriously affect an ordinary tenant’s health or safety.
In a hot city like Houston, a broken AC can become dangerous, especially when tenants in older buildings also deal with poor airflow or issues with basic utilities like electricity or gas. In those situations, an AC failure is more than an inconvenience.
Once landlords provide AC, advertise air conditioning, or put it in the lease, most attorneys see it as part of the deal. If the system stops working due to normal wear, the landlord is still expected to make a diligent effort to repair it so the home remains safe.
Tenants still owe rent while the lease is active, but refusing to fix serious issues for too long can trigger extra legal rights.
Notice, Timing, and Proof
Before a landlord is legally required to repair, the tenant usually must send a written notice that clearly explains the problem, when it started, and what repair they are asking for. The first notice should be in writing, and the tenant should keep a copy.
If the landlord does not respond, the tenant can send a second notice. Whichever method is used, good records make it harder for anyone to deny that the request was made.
After notice, the landlord must make a diligent effort to repair within a reasonable time. In many cases, seven days is considered reasonable. Landlords should document every step, including work orders, labor costs, parts, and any issues getting access to the unit.
Tenant Remedies, Rent, and Risk
If a landlord does not fix a serious AC problem that threatens health or safety, Texas law may allow a renter to deduct certain repair costs from rent, seek a court order, or even end the lease.
However, even in bad conditions, a tenant owes rent unless the repair-and-deduct rules are followed precisely. Tenant advocates, legal aid groups, or a university legal clinic can help explain options, obtain forms, and lead tenants through the steps.
For landlords, detailed notes, receipts, and notices are powerful resources. Clear documentation shows you responded reasonably and can protect you if a tenant files in court or claims your delay caused damage.
FAQ
Do Houston landlords always have to provide AC?
Not in every case, but when air conditioning systems are promised or are needed to prevent dangerous conditions, landlords must make a diligent effort to repair them within a reasonable time after proper written notice.
What is the best way for tenants to send notice about AC problems?
Tenants should send a clear letter in writing that explains the problem, includes the date, and is mailed by certified mail or registered mail with return receipt requested so there is solid proof the landlord was notified.
Can tenants repair the AC and deduct the cost from rent?
Sometimes, but only if they follow Texas law on repair and deduct, keep proof of what they pay, and respect notice and timing rules so a court can see that they acted reasonably.
When should a landlord talk to an attorney?
A landlord should contact an attorney whenever serious AC failures affect tenant health or safety, when a tenant threatens to file a case or stops paying rent, or whenever the proper remedy is unclear.
Cooling Your Risk While Protecting Your Investment
Not every Houston rental must include air conditioning under Texas law, but once AC is in the lease or clearly offered with the apartment, landlords take on clear legal and practical duties to keep it working.
When high temperatures, utility failures, or blocked airflow hit, a broken AC stops being a comfort issue and becomes a serious safety and health concern.
In those situations, clear written notices, realistic repair timelines, and organized records are your best protection in any dispute, insurance claim, or court case.
Residential Leasing and Management Co. can be your behind-the-scenes partner in all of this. We help you fine-tune leases, track every AC repair request, and build a maintenance plan that protects both tenant safety and property security.
Let us help you stay compliant, keep renters happy, and safeguard the long-term value of your Houston rentals. Contact us today!
Additional Resources
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