Texas has no statute that names air-conditioning, but the repair duty in Property Code §92.052 reaches any condition that “materially affects the physical health or safety of an ordinary tenant,” and in a Texas summer a failed cooling system is that condition for most occupants — and certainly for the elderly, the very young and the ill. Some cities add a number: Dallas’s minimum housing standards require cooling to a stated temperature, and Pasadena’s housing code requires a fixed system to reach a 20 °F differential or 78 °F. Treat a cooling failure as a §92.052 request from the moment it is reported.
The response
| Hour | Action | Why |
|---|---|---|
| 0 | Acknowledge the written report; ask three questions: any airflow? thermostat setting? breaker tripped? | Fixes the §92.056 date; rules out the simple causes |
| 0–4 | Dispatch the HVAC contractor; if the earliest visit is next day, offer a portable unit or fans | Diligent effort; vulnerable occupants |
| 24 | If the repair needs a part, tell the tenant the date in writing; consider a §92.0562 affidavit if the delay is outside your control | §92.056 reasonable time |
| Daily | Check in; document each contact | The file |
| Completion | Confirm in writing; record the indoor temperature reached; file the invoice | Closes the request; evidence |
When the tenant caused it
A filter never changed, a thermostat set to 60 °F in August, a unit blocked by furniture — §92.052(b) excludes conditions caused by the tenant from the landlord’s duty, but the fix still has to happen; the question is who pays. Document the cause with the contractor’s note and photograph before charging.
Preventing the call
- Service every system in April; record the refrigerant and the output temperature.
- Give the tenant the filter schedule in the lease and the welcome packet.
- Know the local code: several Texas cities set a temperature standard, and the city pages on this site name them.
- Keep a fan or portable unit available for the 48 hours a compressor order takes.
Frequently asked questions
Is a landlord required to provide air-conditioning in Texas?
No statute requires it, but where a system is provided its failure in heat is a condition materially affecting health or safety under §92.052, and some cities set a cooling temperature standard in their housing codes (Property Code §92.052).
How fast must an A/C be repaired?
Within a reasonable time after notice; seven days is presumed reasonable, but the presumption bends to severity — a heat emergency argues for faster (Property Code §92.056(d)).
Who pays if the tenant caused the failure?
The tenant, if the cause is the tenant’s negligence rather than normal wear; the landlord still arranges the repair and documents the cause (Property Code §92.052(b)).
Sources
Rules change and the right answer can depend on the home, the city, the lease and the timing. These are the official pages this guide relies on; check them before signing, charging a fee, sending a notice or making a legal decision.
- Texas Property Code, Chapter 92 — Residential Tenancies ↗
- Texas State Law Library — Landlord/Tenant Law research guide ↗
- Texas State Law Library — Repairs ↗
General information for U.S. landlords, with a Texas focus. This guide is not legal, tax or accounting advice. Consult a qualified professional for your situation. Written by the rentalfreelease.com Editorial Team; last reviewed September 19, 2026.