Mold in Apartment? Texas Tenant Rights and Landlord Laws

The tenant repair rules are in Texas Property Code chapter 92, subchapter B (§§ 92.051 to 92.062). None of those sections mentions mold by name. Instead, mold falls under the general duty in § 92.052: a landlord must make a diligent effort to repair or remedy a condition if:

1. you gave notice of the condition to the person or place where you normally pay rent,
2. you weren't behind on rent when you gave notice, and
3. the condition materially affects the physical health or safety of an ordinary tenant.

Not every patch of mildew will meet that test. A little mold on shower caulk that you can wipe off is different from a soaked ceiling or a wall of growth from a leaking pipe. TexasLawHelp, the state's legal aid site, explains mold disputes in exactly these terms: landlords must address conditions that materially affect the physical health or safety of an ordinary tenant if the tenant gave proper notice and wasn't behind on rent.

Two limits matter:

• Damage you caused. The landlord has no duty during the lease to repair a condition caused by you, your household or your guests, unless it's normal wear and tear.
• The statute replaces common-law duties. The chapter 92 repair duties take the place of common-law habitability duties, so following the statute's steps is what protects you. The same section keeps your right to sue for personal injury or property damage under other Texas law.

Your lease can't sign away these rights in most cases. The repair duty can't be waived except in narrow situations, mainly a landlord who owns only one rental home and puts a specific, bold or underlined agreement in a written lease. Every lease must also explain your repair remedies in bold or underlined print.

What about state mold agencies?

The Texas Department of Licensing and Regulation (TDLR) licenses mold assessors and remediators, but it does not inspect or test homes for mold and has no authority to make a landlord clean it up. TDLR does say that in residential properties with 10 or more units, remediation of 25 contiguous square feet or more of visible mold must be done by a licensed remediator. You can report unlicensed mold work to TDLR, and you can check any company on our Texas mold license check.

Texas law technically requires written notice only if your written lease says so. But to use the tenant remedies, the details matter a lot. Under § 92.056(b), the landlord becomes liable only if you either:

• sent your first notice by certified mail (return receipt requested), registered mail, or another trackable mail or delivery service, or
• gave a first notice another way, then gave a second written notice after the landlord had a reasonable time to fix it.

You also must not be behind on rent when any notice is given. TDLR's advice is the same in practice: notify your landlord verbally and then in writing.

Step by step

1. Document it. Take dated photos and video of the mold and any water source (leak, AC drip, stained ceiling). Note when you first saw it. Our guide to signs of mold in a house covers what to look for.
2. Write a dated letter. Describe the condition and where it is, say it affects your health or safety, ask for repair of both the mold and the moisture source, and give your contact information.
3. Send it trackably to where you pay rent, by certified mail with return receipt. Keep a copy.
4. Keep paying rent. TexasLawHelp warns that withholding rent is almost always a bad idea and can lead to eviction.
5. Wait a reasonable time. Texas presumes seven days is reasonable, but that can change based on how severe the problem is and whether materials and labor are available.
6. Follow up in writing if nothing happens, especially if your first notice wasn't trackable.

Sample repair request

[Date] To: [Landlord or property manager, address where rent is paid] Re: Request for repair, [your address and unit number]

I am requesting repair of mold growth and a water leak in my unit. Mold is visible on [location, approximate size] and appears to be caused by [leak, AC, roof, unknown]. I first noticed it on [date]. This condition materially affects the physical health or safety of an ordinary tenant. Please repair the source of moisture and remove the mold. My rent is current. Photos are enclosed. [Name, phone, email]

Sometimes, yes. If all of the § 92.056(b) conditions are met (proper notice, a condition that materially affects health or safety, a reasonable time to fix, no diligent effort by the landlord, and you were current on rent), the law lets you choose among these remedies:

If you end the lease under this section, you can't also use repair-and-deduct or the court order and rent-reduction remedies.

Repair and deduct is narrow for mold. For a condition like mold, it generally applies only after the appropriate local housing, building or health official has notified the landlord in writing that the condition materially affects health or safety, and the landlord then fails to fix it within seven days of your notice of intent to repair. (Flooding from broken pipes inside the unit and sewage backups have a faster track.) The repair must be done by an outside company, not you or your family. TexasLawHelp says this route is not recommended without a lawyer's advice.

Court is often the most practical route. A justice court can hear a repair case, must hold a hearing 6 to 10 days after the landlord is served, and can award up to $20,000, not counting interest and costs.

If the unit is unlivable after a storm or flood. When a casualty you didn't cause makes the unit totally unusable, either you or the landlord can end the lease with written notice before repairs are finished. For insured losses, the repair clock doesn't start until the landlord gets the insurance money. See our mold after a flood guide.

Your landlord may not retaliate within six months after you give a repair notice or complain to code enforcement in good faith, for example by filing an eviction (with some exceptions), raising your rent, cutting services or ending your lease. If they do, you can recover a civil penalty of one month's rent plus $500, actual damages, moving costs, court costs and attorney's fees. TexasLawHelp notes the landlord can still evict for nonpayment of rent, illegal activity or damaging the property.

TDLR suggests that if your landlord doesn't respond, you can contact your local health department, local building code official or an attorney. Tenants in public or subsidized housing can contact the public housing agency, and HUD-assisted tenants can use HUD's complaint line.

A city code office may cite the leaks and building problems behind mold even if it doesn't test for mold itself, as Austin explains below. A written notice from a local official can also open the door to the repair-and-deduct remedy described above.

• Austin: Call Austin 3-1-1 or report online. The city says it does not conduct mold inspection or testing, but "mold is often a sign of other code violations," and a confirmed violation leads to a Notice of Violation with a deadline to fix it.
• San Antonio: Call 3-1-1 or 210-207-6000, or report online. The city says complaints may be made anonymously and an officer will inspect for the stated complaint.
• Houston, Dallas and other cities: Contact your city's code enforcement or health department and ask how to file a housing complaint about leaks and moisture.

The EPA gives similar advice: report leaks and moisture problems to the owner or manager, and if they persist, contact local, state or federal health or housing authorities.

You usually don't need a mold test to ask for a repair. The EPA says that if visible mold is present, sampling is usually unnecessary, and there are no federal standards for airborne mold. The same EPA page says sampling may be worth it when litigation is involved, the source is unclear, or health concerns are a problem. TexasLawHelp adds that evidence and environmental testing matter in a health-related mold claim.

If you hire a professional, use a TDLR-licensed mold testing (assessment) company, such as those on our Houston mold testing, Dallas mold testing or Austin mold testing pages. Texas law bars the same license holder from testing and removing mold on the same project, so the removal work, if needed, goes to a separate licensed removal company. See how we verify licenses.

Renters can clean small spots themselves. Texas licensing law lets a tenant remediate mold on the property they lease without a license when the area is under 25 contiguous square feet. The EPA says many people can handle less than about 10 square feet. Cleaning a symptom doesn't fix the leak, so still send the notice.

Health. The CDC says damp, moldy places may cause a variety of health effects, or none at all, and that people with asthma, allergies, weakened immune systems or chronic lung disease are more vulnerable. If you have symptoms, see a doctor. A doctor, not a mold test, diagnoses illness. More in black mold symptoms.