What can I do if my landlord won't fix uninhabitable conditions in Texas?

1. Implied Warranty of Habitability — Texas does not recognize a common-law warranty; instead, Tex. Prop. Code §§ 92.051-92.062 (Subchapter B) creates a statutory duty to repair conditions materially affecting physical health or safety.

2. What Counts as Uninhabitable — Conditions "materially affecting the physical health or safety of an ordinary tenant" under § 92.052: no hot water, no heat (in winter), sewage backups, structural defects, rodent infestation traceable to landlord. Lack of A/C is not automatically covered unless lease promises it.

3. Tenant Notice to Landlord — Tenant must give written notice, be current on rent, and allow a "reasonable time" to repair (presumed 7 days under § 92.056(d), longer for severity).

4. Repair-and-Deduct — Under § 92.0561, tenant may repair after written notice and deduct cost from rent, capped at one month's rent or $500, whichever is greater.

5. Rent Withholding / Escrow — Texas does not authorize rent withholding; tenant must keep paying or risk eviction. Judicial remedies require a lawsuit.

6. Constructive Eviction — Under § 92.056, tenant may unilaterally terminate the lease, get a pro-rata rent refund, and recover the security deposit.

7. Affirmative Defense to Eviction — Tenant who properly invoked the statute may defend a retaliation eviction (§ 92.331); habitability itself is not a direct nonpayment defense.

8. Damages & Penalties — § 92.0563 allows: court order to repair, rent reduction, actual damages, one month's rent plus $500, court costs, and attorney fees.

9. Retaliation Protection — § 92.331 prohibits retaliation for 6 months; violator owes one month's rent plus $500, actual damages, and attorney fees.

This is legal information, not legal advice.