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Did the air conditioning break in your rental in Texas? These are your rights as a tenant

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Georgina Elustondo avatar

By Georgina Elustondo

In the Texas heat, running out of air conditioning is no small problem. In cities like Houston, Dallas, Austin or San Antonio, a home without AC in the middle of summer can quickly become uninhabitable, especially for children, older adults or people with health problems.

That’s why many tenants ask the same question when the system stops working: is the landlord obligated to fix it?

The answer is not so uncomplicated. Texas does not require all rental housing to have air conditioning by law. But if the property already has one and the failure affects the health or safety of the tenant, the owner may have an obligation to repair it. The key is how to act.

You can see: Does your city require air conditioning in rentals? This changes in Texas depending on where you live.

What the law says in Texas

State law requires landlords to address conditions that significantly affect the health or safety of the tenant, as long as the rent is current, the damage was not caused by the tenant themselves, and the problem has been properly reported.

The important point: the law does not set an exact period such as 24 or forty eight hours. It speaks of a “reasonable time,” which can vary depending on the severity of the case.

What to do if they don’t answer you

If the air conditioning stops working, you should:

  • Notify in writing: A call or an informal message is not enough. Electronic mail or written notification is much better.
  • Save evidence: Photos, messages, and any records of when you reported the problem.
  • Review the rental agreement: Some leases specifically detail who is responsible for the air conditioning system.
  • Not stopping paying rent on your own: This mistake can make the situation much more complicated.

Can you pay for the repair yourself and discount it?

In some cases, Texas allows the tenant to pay for a repair and then deduct that expense from the rent, but the process has strict rules and does not automatically apply.

An important detail: Some cities may have local rules that are more stringent than state law, especially when there are extreme heat advisories. If the home becomes dangerous due to excessive temperatures, the situation can change quickly.

For many families in Texas, air conditioning is not a luxury. In the middle of summer, it can be a health issue.

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