Step One:
Make sure that you are caught up on your rent and any other obligation you might have with your landlord. You generally cannot withhold your rent even if the landlord has failed to repair a problem it should have. Withholding rent will likely just get you evicted in Texas. Remember, Texas laws are passed by the Texas Legislature which is lobbied by the Texas Apartment Association (TAA).
Step Two:
Notify the landlord in writing of the problem(s) and keep a copy. An oral notice rarely triggers your legal rights and an oral notice is difficult prove. The written notice should have the date, the type of problem, and your name and address. It is also a good idea to ask in the notice why the problem has not been fixed already (if you have told them about this before). Use our form notice if you like. You can deliver the notice in person to the manager or other person who collects the rent, but sending the notice certified mail, return receipt requested, is the best choice for two reasons: first, you will have solid proof that the landlord got your notice; and second, according to the repair statutes, you only have to give a landlord one notice of a problem if it is sent certified (and the manager also knows you mean business). See Tex. Prop. Code § 92.056(a)(3). If you deliver the written notice in person or regular mail, then to secure your rights under the repair statutes you must send the landlord two notices giving the landlord time to repair the problem.
Step Three:
Wait a reasonable time. The repair statutes presume a reasonable time is seven days. But clearly a reasonable time will be shorter in some situations and longer in others. See Tex. Prop. Code § 92.056(d). If you do not see an adequate response to your notice, you should consider photographing the problem area for future use as evidence.
Exception for Repair Statutes: If your dwelling unit is damaged from fire or unusal weather (e.g., hail, tornado) the landlord does not have to make any repairs required by the repair statutes until it receives the insurance money, if the rental unit is insured against these damages. See Tex. Prop. Code § 92.054. Again, this exception only applies to the repair statutes as described below. The tenant could still argue that the landlord is breaching the lease agreement or that the landlord is violating a municipal ordinance regardless of whether the insurance company has been paid. If pressured, landlords will often offer relocations to other rental units they have available without putting up new fees, deposits or increased rents.
Step Four:
There are essentially three sources of authority in the law that can help you either prosecute or persuade the landlord to act:
First Source: Lease Agreement.
Most leases talk about what the landlord is responsible for, and what the tenant is responsible for. The standard form lease drafted by the Texas Apartment Association (TAA) states in part: "We'll maintain the dwelling in good order and pay for repair and maintenance ... ." If you have a lease with this provision you can use this provision to assert that the landlord is responsible to fix dish washers, leaking faucets, and more serious matters. There is very little in most leases that help tenants; what little there is you need to take advantage of.
Second Source: Repair Statutes
Under Texas law, regardless of what the lease says the landlord is required to repair problems that affect the physical health or safety of an ordinary tenant and are not caused by the tenant, occupant, or a guest. (If the problem developed from normal use of the premises by the tenant, occupant or guest, the landlord is still responsible for repair.) For example, leaking plumbing, rodents, broken air-conditioning in extremely hot temperatures, sewage leaks, shattered sliding glass doors or caved ceilings all affect health and safety. Although a non-working garbage disposal or a leaky faucet is inconvenient, it may not materially affect health or safety.
Third Source: Municipal Ordinances.
Most cities have minimum housing standards that a landlord must comply with. For example, most cities require hot water to be available in the kitchen and bathroom of all dwellings, and that it must meet a specific temperature. Check with your city to determine if there is an applicable ordinance that addresses your problem. Here are links to ordinances of many Texas cities:
City Codes of over 100 Texas cities
Dallas Online Complaint Form
Austin City Code (select "+" on left to expand table of contents)
Fort Worth Online Complaint Form
Step Five:
Consider your six not so great options:
Option #1) terminate the lease and move (the landlord often refuses to give back your deposit and gives you a bad reference so you have to sue to clear all this up anyway);
Option #2) file suit to obtain damages and an order requiring the landlord to fix the problem (it's easy and has fewer risks);
Option #3) have the problem repaired and deduct the cost from the rent (this is hard to do correctly, and most landlords file for eviction for nonpayment anway which is not great for your rental record even if you win);
Option #4) notify the city code inspector about the problem (if you tell them you have donuts or are related to the mayor maybe they will write the landlord a ticket);
Option #5) fix the problem yourself; and/or
Option #6) live with it until your lease expires (landlords expect this option).
WARNING: Do not attempt to utilize any of these options before carefully reading more about each. If you improperly terminate your lease or deduct repair costs from your rent you could expose yourself to liability.