Texas Tenant Advisor

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      • - Step 2
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      • --Statutes
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The Texas Tenant Advisor is intended to provide general information regarding Texas residential tenancies only.

Unique facts can render some statements inapplicable to a given situation.

We attempt to provide current information; nonetheless, you are urged to consult an attorney for legal advice and assistance.

This web site is a public service of the Texas Low Income Housing Information Service.

Notice to Landlord Requesting Repair

This notice advises the landlord that a condition needs to be repaired. You only have to give the landlord one notice of a problem if it is sent by certified mail return receipt requested in order to use the statutory remedies provided in the Texas Property Code. Be sure to be current with your rent when you send the notice.

If you prefer to send notice by hand delivery or regular mail you must send the landlord two notices about the problem in order to use the statutory remedies authorized by the Texas Property Code. Do not send both notices at the same time; wait a reasonable time between each notice. Be sure to be current with your rent when you send both notices.)

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Termination Notice

This notice advises the landlord that you intend on terminating your lease because the landlord has failed to use a diligent effort to remedy a condition in the lease premises that affects the health and safety of an ordinary tenant. You must have completed all the prerequisites before you can legally terminate your lease. Be advised that a landlord that does not agree with your interpretation of the facts may attempt to keep your deposit and hold you responsible for future rents. Thus, we do not suggest using this remedy; suing the landlord is better. If you do decide to terminate your lease, be sure to tell the landlord your forwarding address so you are entitled to get your security deposit back (you can use your security deposit as your rent in this limited case, but it is only going to cause you more trouble).

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Lawsuit for Justice Court(for filing suit in justice court requesting damages only).

This form can be used to file suit in justice court requesting: a month's rent plus $500, reduction in rent from the date of your first notice until the problem is fixed, actual damages, and court costs. If you hire an attorney you are also entitled to attorney fees. Justice court has a jurisdictional limit of $5,000 and cannot issue an order requiring the landlord to repair the problem. But, it is easier to represent yourself in justice court, cheaper to file the suit and you get to trial much quicker. The form comes with instructions, but see Sue Your Landlord to learn how to file suit and try the case in justice court.

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Lawsuit for District Court

This document can be used to file suit in district court (or county court with slight changes) requesting a temporary and permanent court order requiring the landlord to repair the problem, and civil penalties, damages, court costs and attorney fees. You can request that the court quickly consider your request for a court order requiring the landlord to repair the problem pending a final trial. The jurisdictional limits are much higher or unlimited. However, it is difficult to represent yourself in these courts, they take more time to get to trial, and the costs for filing suit in these courts are higher. See Sue Your Landlord to learn how to file suit and try the case in district court.