Houston landlords often discover that “move-in ready” means more than a fresh coat and a working lock. Suppose a landlord fails to keep a rental property safe and habitable. In that case, the City can cite violations, and under Texas law, an ordinary tenant may also pursue a repair or remedy.
Whether you self-manage or use a management company, staying ahead of code and your written lease and rental agreement duties protects your investment and helps ensure tenants’ rights are respected.
Key Takeaways
- Houston’s minimum housing standards require safe structure, hot water, adequate electric service, cooling/ventilation, and working life-safety security devices. When the landlord requires maintenance to be ignored (e.g., roof leaks or unsafe wiring), enforcement follows.
- Documentation is everything: send a written notice or written request for necessary repairs, and keep a record book maintained with a written receipt for each service call. Owners should track permits and “before/after” photos.
- Don’t improvise remedies: tenants generally should not withhold rent; instead, follow the statutes that law requires, which in certain circumstances allow a repair or remedy, terminate the lease, or file suit in justice court.
The Houston Framework
Houston’s Building Standards (Chapter 10) define the minimum condition of dwellings, while Texas law sets specific processes for requesting repairs that materially affect a tenant’s physical health or safety.
Owners have the landlord’s duty to keep major systems functional; occupants must avoid damage beyond normal wear and tear (and “normal wear” is not chargeable against a security deposit).
Essentials that Trip Up Landlords
- Cooling/ventilation & heat. In summer, units need cooling or code-compliant ventilation; in winter, heating must keep indoor temperatures safe.
- Electrical & plumbing. Maintain safe wiring, lighting, and utility services; fix leaks, restore hot water, and prevent electric service interruptions caused by owner actions.
- Life-safety. Provide and maintain security devices (keyed deadbolts, window latches, door viewers) and smoke alarms per code and federal regulations (e.g., lead-based paint rules may apply to older homes).
- Exterior conditions. Address roof leaks, rot, trip hazards, and pest conditions promptly.
Notices, Paper Trail, and Timing
When a tenant is requesting repairs, best practice is to use certified mail or registered mail to the landlord’s street address in the lease, with return receipt requested (or mail return receipt requested) and a written notice stating the repairs needed.
Include the payment date/due date, unit info, and photos. If the tenant fails to allow access after proper advance notice for bona fide repairs, that can pause deadlines.
If the landlord receives a proper notice, they must act within a reasonable time and show diligent effort (work orders, vendor emails, inspection results). Keep every written receipt in a record book maintained for your files.
Remedies and Risks
If the landlord’s failure to repair conditions that materially affect physical health or safety continues after proper notice, the statutes outline options. Depending on facts, a tenant may file suit in justice court (and sometimes recover court costs and attorney’s fees), or, again, in certain circumstances, seek repair or remedy at the landlord’s expense or terminate the lease.
Never suggest a tenant withhold rent unless the statute allows it; unpaid rent can lead to a forcible detainer suit (eviction).
For unlawful utility disconnection or an owner-caused electric service interruption, the law may allow actual expenses, a civil penalty (often described as up to one month’s rent or a month’s rent in some contexts), plus attorney’s fees and court costs, and bad faith behavior can make things worse.
Security deposit handling is equally strict: after move-out, account only for more than normal wear and tear; don’t treat last month’s rent as a deposit unless your written agreement clearly allows it, and provide the itemization within the statutory timeline. Failure can trigger penalties.
Special situations exist: survivors of family violence may submit a written statement and, under statute, terminate the lease early when conditions are met.
Lease Clarity and House Rules
- Put critical clauses in underlined or bold print if the statute requires conspicuous disclosure, and avoid burying waivers in a separate written document unless a statute specifically allows it.
- Spell out late fees, the due date, payment date conventions, parking rules, and vehicle towing procedures in a written agreement consistent with state and local law.
- Provide the on-site manager’s street address and best contact method for emergencies and repair notices.
Prevention Playbook for Owners and Managers
- Inspect proactively. Look for leaks, staining, soft flooring, GFCI/AFCI issues, compromised security devices, and exterior hazards.
- Fix fast. Prioritize life-safety, water intrusion, hot water, and HVAC; keep proof of bona fide repairs and permits.
- Communicate in writing. Acknowledge notices, confirm access windows with advance notice, and summarize outcomes in a follow-up written notice.
- Document everything. Photos, videos, vendor invoices, and a record book maintained for each property cut risk in the justice court.
- Know when to escalate. Complex issues (mold, structural, electrical) call for licensed tradespeople and sometimes counsel.
Turn Compliance Into a Competitive Edge
Under Houston Chapter 10 and Texas law, a landlord’s duty is non-delegable: keep each rental property safe and habitable, maintain heating/cooling, hot water, electrical systems, and required security devices, and remedy roof leaks or hazards that materially affect physical health or safety.
When a tenant sends a written notice stating the repairs needed, respond in a reasonable time, show diligent effort, document everything, use certified or registered mail with return receipt requested, keep a record book maintained with written receipts, and pull permits for bona fide repairs.
Proactive inspections and clear lease practices reduce disputes over normal wear and tear, security deposit accounting, and utility service issues (including avoiding any unlawful utility disconnection). Missed steps can escalate to daily fines, civil penalties, deposit claims, or justice court, while a tight process protects tenants’ rights and your bottom line.
Ready to de-risk your portfolio? Contact Residential Leasing and Management Co. for a quick compliance checkup and a customized plan for your properties.
FAQ
What if my tenant stops paying?
Use your lease and law: apply late fees as allowed, post notice, and if the unpaid rent continues, a forcible detainer suit may be necessary. Don’t self-help or cause an electric service interruption.
Can tenants make their own repairs?
Only as statutes allow. “Own repairs” outside the legal process can create liability. Encourage a formal written request and cooperate on access.
Is the Austin Tenants Council relevant in Houston?
Yes, as a statewide education resource on tenants’ rights under Texas law, their materials help even outside Austin.
How do I prove good faith?
Show diligent effort: time-stamped communications, scheduled vendor visits, invoices for bona fide repairs, and prompt responses to any second notice.
Additional Resources
Your Complete Guide to Tenant Lease Renewals
Should You Rent or Sell Your Investment Property in Houston?
