Mold and Renters' Rights in Texas

The law says that landlords in Texas have a duty to remove conditions that “materially affect the physical health or safety of an ordinary tenant” if all of the following are true:

• The condition was not caused by the tenant (renter), the tenant’s family, or the tenant's guests; and
• The landlord has proper written notice of the condition; and
• The tenant is not delinquent in rent at the time of giving the landlord notice to repair or remedy.

Read the law here: Texas Property Code 92.056.

It depends on how you send notice to the landlord to repair or remedy the problem, and on the circumstances of the condition and its repair.

The landlord has a reasonable amount of time to remove the mold after receiving the tenant’s notice if:

• The tenant sent the notice by certified mail, return receipt, or other method with tracking; or
• The tenant sent a second written notice after waiting a reasonable amount of time after sending the first written notice.

Tip: If you send your first notice by certified mail, return receipt, or other method with tracking, you are not required to send a second notice to your landlord.

Seven days is usually seen as a reasonable amount of time. But a court can decide a different amount of time is fair based on:

• When the landlord got the notice,

• How serious the problem is, and

• How easy it is to get workers, materials, or utilities.

You may be able to:

1. End your lease and move out.

2. Sue the landlord.

3. Hire a contractor to fix the mold and deduct the cost from your rent.
   This is only allowed in very specific situations (see below).

Important: Talk to a lawyer who understands landlord-tenant law before you try any of these steps—especially if the mold is dangerous and the landlord refuses to repair it.

If you need to talk with a lawyer, you can use the Legal Help Directory or check Legal Events and Clinics. You may be able to talk with a lawyer for free at a legal clinic.

No. The repair and deduct method is not automatic and only reduces a future rent payment (if allowable). This method is not recommended without the advice of a lawyer.

If you want to have the mold removed (and the landlord is refusing to remove it), you must either (1) get a court order requiring the landlord to remove the mold or (2) follow the repair and deduct rules in Texas Property Code 92.0561 that, for example:

• limit the rent deduction for the cost of repair in any given month to the greater of one month’s rent or $500 (for non-subsidized rent),
• limit the rent deduction for the cost of repair in any given month to the greater of the fair market value of one month’s rent or $500 (for subsidized rent),
• only allow a tenant to repair and deduct if the landlord has a duty to fix the problem, and
• only allow the tenant to repair and deduct if the tenant did not waive his or her right to the repair in an enforceable provision in the lease agreement. Read Texas Property Code 92.006 (e), (f).

Exception: You and your landlord may agree in writing for you to repair a condition at the landlord’s expense. Read the law here: Texas Property Code 92.0561(d), (e).

Not always. Mold removal can be covered without an inspection where:

• Your landlord agreed to the mold removal; or
• Without an agreement, a court finds that the mold condition materially affects the physical health or safety of an ordinary tenant and lets you:
  
  • end your lease, or
  • get a court order requiring mold removal.

If, however, you want to use the repair and deduct remedy, you must have the appropriate local housing, building, or health official (or other official having jurisdiction) give the landlord written notice that the mold condition materially affects the health or safety of an ordinary tenant. This official might be a city health inspector, for example.

If you feel your health has been harmed due to hazardous mold exposure, talk to an experienced personal injury lawyer immediately. Owners of property (such as your landlord) could potentially be held responsible for health effects you are able to prove you suffered due to exposure to hazardous conditions on the property. A personal injury lawyer can help you determine if you have a “toxic mold” claim that is connected to your mold exposure.

Note: Since gathering evidence and environmental testing is critical to a toxic mold claim, you should talk with a lawyer quickly so you may begin to prepare evidence for your potential claim.

For more information on mold and toxins, see the Center for Disease Control’s Indoor Air Quality Fact Sheet.

For detailed information on renter’s rights to repairs in Texas, see the following links:

• Office of the Attorney General: Renters' Rights
• Austin Tenant’s Council: Repair Rights

The Austin Tenant’s Council created do-it-yourself forms for sending notices to your landlord to request repairs on your rental property. It also has do-it-yourself forms for ending your lease and filing a lawsuit: Austin Tenant’s Council Self-Help Repair Packet.

Read the law here: Texas Property Code 92.051 through 92.062.