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Habitability Lawyers in Austin, Texas

Every tenant has the right to a habitable dwelling. Habitability issues include broken heating or cooling, pest infestations, mold, plumbing problems, roof leaks, and other conditions that affect health or safety. State law generally requires landlords to make diligent efforts to repair these conditions after written notice. An attorney can help you compel repairs and seek compensation.

Habitability Law in Texas

Texas has its own distinct legal landscape that affects personal injury cases. The state follows a modified comparative fault rule — you can recover damages as long as you are not more than 50% responsible for the incident. Texas also has specific caps on certain types of damages in medical malpractice cases, and a two-year statute of limitations for most personal injury claims.

Key Texas Statutes

  • Two-year statute of limitations for personal injury (Texas Civil Practice and Remedies Code, Chapter 16)
  • Modified comparative fault — recovery barred if you are 51% or more at fault (Chapter 33)
  • Medical malpractice non-economic damage caps of $250,000 per provider, $500,000 for hospitals (Chapter 74)
  • Texas is a "fault" state for car accidents — you can file against the at-fault driver
  • Employers may opt out of workers' compensation — Texas is the only state that allows this

Common Habitability Situations in Austin

  • Lack of heat, AC, or hot water
  • Mold, pest infestations, or sewage issues
  • Broken locks, doors, or windows affecting security
  • Structural defects and roof leaks
  • Failure to address health and safety code violations
  • Retaliation after reporting habitability issues

Frequently Asked Questions

Can I withhold rent if my apartment is uninhabitable?

Some states allow rent withholding and others do not; Texas, for example, has no broad rent-withholding statute. However, you can use the repair-and-deduct remedy for certain conditions after giving proper written notice. You may also be able to terminate the lease or sue for damages. An attorney can advise on the best approach for your situation.

What if my landlord retaliates after I report issues?

State law prohibits landlord retaliation (eviction, rent increase, or reduced services) for a protected period — six months in Texas — after a tenant reports code violations, filing a complaint with a government agency, or exercising legal rights. Retaliatory actions give you grounds for a legal defense or counterclaim.

This page is for informational purposes only and does not constitute legal advice. No two situations are the same — consult a qualified attorney for guidance on yours.

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