Renters face a fundamentally different situation than homeowners: you can't choose your equipment, can't hire your own contractor for major repairs, and depend on landlord cooperation for comfort and safety. But you do have legal rights, and knowing them matters — especially when your AC fails in a Texas summer.
Your Legal Rights
Texas Property Code Chapter 92
Texas Property Code § 92.052 requires landlords to "make a diligent effort to repair" conditions that materially affect health or safety.
- Landlord must maintain it in working condition
- Failure is a breach of the rental agreement
- May violate habitability standards during extreme heat
Response Time Requirements
Texas law requires landlords to make "diligent effort" to repair within "reasonable time."
Total AC failure, extreme heat (95°F+)
24-48 hours (emergency)
Total AC failure, moderate heat
3-7 days
Partial AC failure
7 days
Non-functional heating in cold weather
24-48 hours (emergency)
How to Report HVAC Problems
Write, Don't Call
Written communication creates records that phone calls don't. Send via email or text (creates timestamp) or certified mail (for formal notice).
Step 1: Initial Report
Date: [Date]
To: [Landlord/Property Manager name]
Property: [Your address]
I am writing to report that the air conditioning at [address] is not functioning properly. [Describe the specific problem]
The issue began on [date]. The current indoor temperature is [temperature].
I request repair of this issue as soon as possible.
[Your name]
Step 2: Follow-Up (If No Response in 3 Days)
Reference your original request date and include current indoor/outdoor temperatures. Mention you may pursue remedies under Texas Property Code Chapter 92.
Step 3: Formal Notice (If Still No Response)
Send via certified mail, return receipt requested. Reference Texas Property Code § 92.056 and specify the 7-day remedy deadline.
Legal Remedies When Landlord Won't Repair
Repair and Deduct
Pay for repair, deduct from rent
Requirements: Certified mail notice, 7-day wait, licensed contractor
Municipal Code Enforcement
File complaint with city
Requirements: No cost, creates official record
Lease Termination
End lease early due to breach
Requirements: Material breach, proper notice given
Small Claims Court
Sue for damages up to $20,000
Requirements: Documentation, no attorney needed
What You CAN Control (Without Landlord)
Tenant-Responsible Maintenance
- Replace air filters monthly during cooling season
- Clear debris around outdoor unit (2-foot clearance)
- Keep vents unobstructed
- Change thermostat batteries
- Report issues promptly
Reducing Your Energy Costs
Summary: Renter's HVAC Rights
AC provided in rental
Right: Landlord must maintain
Action: Report issues in writing
AC fails
Right: Landlord must repair reasonably quickly
Action: Document, follow notice procedures
Landlord won't respond
Right: Multiple legal remedies available
Action: Follow proper procedures carefully
Basic maintenance
Right: Usually tenant responsibility
Action: Change filters, keep unit clear
Energy costs
Right: Tenant pays (usually)
Action: Optimize what you can control
Bottom line: You're not powerless. Know your rights, document everything, and follow proper procedures.
For basic maintenance you can do yourself, see our DIY vs. professional guide.
Local Resources
Texas Tenant Rights Organizations
- Texas RioGrande Legal Aid — Free legal services
- Texas Tenant Advisor — Free information
- Lone Star Legal Aid — Low-income assistance
Reporting Options
- Texas Attorney General Consumer Protection
- Local code enforcement (search "[your city] code enforcement")
Disclaimer: This article provides general information about Texas tenant rights regarding HVAC. It is not legal advice. Specific situations vary, and tenant rights depend on lease terms, local ordinances, and circumstances. Consult a licensed attorney or tenant rights organization for advice about your specific situation.