Tenant Rights for Mold in Texas

What the Law Actually Provides

Texas Property Code Chapter 92 requires landlords to repair conditions that materially affect the physical health or safety of an ordinary tenant. Mold and the water intrusion causing it can qualify.

Texas does not set a specific mold concentration that triggers the duty. What matters is whether the condition materially affects health or safety, which is evaluated on the facts.

Written Notice Comes First

This is where most tenant claims fail. The statutory remedies generally require the tenant to give the landlord notice in the manner the lease specifies, be current on rent, and give a reasonable opportunity to repair.

A verbal complaint to a leasing office rarely preserves your rights. Put it in writing, keep a copy, and use a method that produces proof of delivery.

Build Your Documentation Now

What Remedies May Be Available

Depending on the circumstances and whether the required steps were followed, Texas law may allow a tenant to terminate the lease, pursue repair through the courts, or seek damages. Some remedies carry specific procedural prerequisites.

Rent withholding is not a general right in Texas and doing it incorrectly can expose you to eviction. Do not withhold rent based on internet advice — talk to an attorney or a tenant assistance organization first.

If You Are Being Ignored

Follow the lease notice provisions precisely, keep everything in writing, and consider a licensed independent assessment. Texas requires assessment and remediation to be performed by separate companies, so an assessor has no financial stake in the size of the finding — which is exactly what makes the report credible.

Local legal aid organizations and tenant councils can advise on next steps at little or no cost.