Texas Property Code Chapter 92: Landlord Repair Duties, Smoke Alarms & Tenant Security Devices
Summary of the Texas Rule (Tex. Prop. Code §§ 92.051–92.061 & §§ 92.151–92.170)
Governs residential landlord statutory duties to repair dangerous conditions affecting physical health or safety (§ 92.052), install and maintain mandatory window/door security devices (Subchapter D), and provide working smoke alarms (Subchapter F).
Statutory Text Summary & Legal Mechanics
Under § 92.052, a landlord must make a diligent effort to repair or remedy a condition if the tenant specifies the condition in a written notice (unless the landlord is not required to be given written notice), is not delinquent in rent at the time notice is given, and the condition materially affects the physical health or safety of an ordinary tenant. Subchapter D (§ 92.153) requires landlords to equip every residential rental dwelling—without any tenant request—with a keyless bolting device, a door viewer (peephole), a keyed deadbolt, sliding-door pin locks/security bars, and window latches.
Practical Impact on Texas Personal Injury Claims & Jury Trials
Crucial Distinction for Personal Injury Tort Claims: While Property Code § 92.056 provides statutory contract-style remedies for failure to repair inside the leased unit, Texas common-law premises liability (Austin v. Kroger and Restatement (Second) of Torts §§ 357–361) governs bodily injuries in apartment common areas (stairs, walkways, parking lots, laundry rooms) over which the landlord retains control!
Mandatory 6-Point Texas Legal Disclaimer & Notice
- 1. Not Legal Advice: This website provides general educational and statutory reference information strictly scoped to Texas personal injury law, Texas courts, and Texas statutes. Nothing on this site constitutes legal advice, a legal opinion, or counseling on any specific set of facts.
- 2. No Attorney-Client Relationship: Viewing this website, reading any statutory or procedural guide, or using any interactive calculator, checklist, or reference tool does not create an attorney-client relationship between you and this publisher or any contributor.
- 3. Content May Be Inaccurate or Outdated: Although articles reference the Texas Civil Practice and Remedies Code (CPRC), Texas Transportation Code, Texas Insurance Code, Texas Labor Code, Texas Rules of Civil Procedure (TRCP), and published decisions of the Supreme Court of Texas and the 15 Texas Courts of Appeals, legislation and appellate holdings change continually. Information on this website may be incomplete, inaccurate, or superseded by subsequent statutory amendments or judicial opinions.
- 4. Verify With a Licensed Texas Attorney: Deadlines under Tex. Civ. Prac. & Rem. Code § 16.003, municipal charter notice windows under § 101.101, and comparative fault bars under Chapter 33 are strictly enforced. Always verify your legal rights, filing deadlines, and jurisdictional rules directly with an attorney licensed and in good standing with the State Bar of Texas.
- 5. No Guarantee of Results: Statutory damage cap formulas, proportionate responsibility illustrations, and medical bill adjustment examples are mathematical and educational illustrations only. They do not predict, warrant, or guarantee any specific verdict, settlement amount, or legal outcome in any Texas court.
- 6. Independent Reference Portal — Not a Law Firm: Texas Injury Law Reference is an independent legal education publication. We are not a law firm, do not practice law, do not solicit clients, and do not operate as an attorney referral service.