An August AC outage in Houston is not an inconvenience — for elderly, disabled, or pediatric residents it is a medical risk. Texas Property Code Chapter 92, Subchapter B is the relevant statute, and it gives Houston tenants real options.
Step 1: Written Notice
Texas requires written notice to the landlord. Text and email count if your lease permits, but certified mail is the gold standard. Date the notice. Describe the problem and the safety risk specifically.
Step 2: The Reasonable-Time Clock
The landlord has a "reasonable time" to repair. Texas case law generally treats AC failure in summer as a rapid-response item — not 30 days, more like 3–7 days. If a vulnerable resident is in the unit, the standard tightens further.
Step 3: Tenant Remedies After Reasonable Time Passes
- Repair-and-deduct: If you give proper notice and the landlord fails to repair, you may be able to repair yourself and deduct from rent — caps and procedural rules apply.
- Terminate the lease: Failure to repair a condition that materially affects health or safety can be grounds for termination.
- File suit for actual damages plus a civil penalty of one month's rent plus $500, plus attorney's fees, under §92.0563.
Document Everything
- Indoor temperature readings, dated and timed
- Photos of the thermostat
- Receipts for hotel stays, fans, ice, or medical care related to the heat
- Every text and email exchange
What If You Have a Voucher?
HACA's Housing Quality Standards (HQS) treat working air conditioning as a habitability item in Houston. If the unit fails inspection during the failure, HACA can hold rent payments to the landlord — strong leverage.
Bottom Line
Texas tenant protections are stronger than most renters realize. The single most common reason tenants lose these cases is failure to put the notice in writing. Write it down, date it, send it, save it.