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Building Codes & Habitability — Texas

Warranty of habitability, repair obligations, and city rental programs

State Habitability Standard

Texas Property Code §92.052 — landlord's duty to repair and remedy
Tex. Prop. Code §§ 92.052-92.061

Minimum Habitability Requirements

  • Functioning heating and air conditioning (per lease terms)
  • Safe and working plumbing; hot water
  • Secure exterior doors, windows, and locks
  • Smoke alarms in each bedroom and outside sleeping areas (§ 92.255)
  • Carbon monoxide alarms if fuel-burning appliances present
  • No condition materially affecting health or safety of an ordinary tenant
  • Pest control for mice, rats, cockroaches if not caused by tenant

Repair Obligations & Tenant Remedies

7
Days Landlord Has to Repair
Before tenant may use repair-and-deduct remedy
1x
Monthly Rent Cap
Maximum tenant can deduct per repair episode
Rent Withholding
Rent withholding generally not permitted; use repair-and-deduct or code enforcement

City-Level Rental Programs

Some cities require rental registration, periodic inspections, or have specific habitability ordinances beyond state law. Enter your city to check for a local program.

Known Texas cities in our database: check major cities in Texas above for city-specific programs.

Governing Statute

Texas Property Code §§ 91.001–92.355

Read the full statute →

Code Details — Texas

Relevant building code and habitability requirements from our corpus:

Building Codes — Alabama (AL) Rental Housing
Building Codes — Alabama (AL) Rental Housing
Adopted code: Alabama Building Code based on 2018 IBC; enforcement is by counties and municipalities. Habitability statute: ALA Code §35-9A-204 (Alabama Uniform Residential Landlord and Tenant Act — URLTA). Heating: landlord must provide working heating equipment; no specific minimum temperature in state law; courts apply 68°F as baseline. Smoke detectors: required in each sleeping room and on each floor (ALA Code §24-9-11); landlord installs; battery or hardwired. CO detectors: no statewide requirement as of 2024. Repair-and-deduct: yes — after written notice and 14-day failure; cap is $200 or half month's rent. Notable: Alabama preempts local rent control. Birmingham and Huntsville have local housing codes. Alabama's URLTA was substantially modernized in 2006 and covers most residential tenancies.
City Building Codes — Washington, DC
City Building Codes — Washington, DC
DC Department of Buildings (DOB) enforces DC Construction Codes (based on 2018 IBC with DC amendments) and DC Property Maintenance Code. Rental registration: DC Rental Accommodations Division (RAD): ALL rental units must be registered (DC Code §42-3502.05); annual fee per unit. DC Rent Control: Rental Housing Act of 1985 (DC Code §42-3501 et seq.): applies to most residential units in DC not built after 1975 or owned by small landlords (4 or fewer units owner-occupied); annual increase capped at CPI + 2% (or 10% max); just cause eviction required. DC Basic Business License: required for all rental housing operations. Heating: Oct 15 through May 15; landlord must maintain 68°F. DC Housing Code (14 DCMR): comprehensive minimum standards for all rental housing including structural, plumbing, mechanical, electrical, and occupancy. DC Office of the Tenant Advocate: provides tenant legal assistance and advocates for habitability. Unique: DC requires landlords to offer lease renewal unless grounds for non-renewal exist.
Building Codes — Mississippi (MS) Rental Housing
Building Codes — Mississippi (MS) Rental Housing
Adopted code: Mississippi Building Code based on 2018 IBC; enforcement is primarily local. Habitability statute: Miss. Code §89-8-17 (landlord obligations under Landlord and Tenant Act). Heating: landlord must maintain working heating system; no specific minimum temperature. Smoke detectors: required in each sleeping room and on each floor; landlord installs; battery or hardwired (Miss. Code §45-11-201). CO detectors: no statewide requirement. No repair-and-deduct right. Tenant remedy: terminate lease after 30-day written notice and failure to repair. Notable: Mississippi has among the most limited residential tenant protections in the US. Local codes vary widely; rural areas often lack formal code enforcement. Jackson has a local housing code enforcement office.
Building Codes — Delaware (DE) Rental Housing
Building Codes — Delaware (DE) Rental Housing
Adopted code: Delaware State Fire Prevention Regulations and local building codes based on 2018 IBC. Habitability statute: 25 Del. C. §5305 (Residential Landlord-Tenant Code). Heating: Oct 1 through April 30; landlord must maintain 65°F in all habitable rooms. Smoke detectors: required in each sleeping room and on each floor; landlord installs; hardwired with battery backup in new construction; battery acceptable in existing (16 Del. C. §6604). CO detectors: required in all residential units with fuel-burning appliances or attached garage (16 Del. C. §6605). Repair-and-deduct: yes — after written notice and landlord failure within 15 days; cap is $75 per repair. Notable: Delaware preempts local rent control. Wilmington has local housing code enforcement. Delaware's residential landlord-tenant code is one of the more detailed mid-Atlantic codes; landlord must provide written receipts for security deposits and comply with interest requirements.
Building Codes — Montana (MT) Rental Housing
Building Codes — Montana (MT) Rental Housing
Adopted code: Montana Building Codes Act based on 2018 IBC; enforcement is local. Habitability statute: MCA §70-24-303 (Montana Residential Landlord and Tenant Act). Heating: Oct 1 through April 30; landlord must maintain 68°F in all habitable rooms. Smoke detectors: required in each sleeping room, outside sleeping areas, and on each floor; landlord installs; battery or hardwired (MCA §50-61-101). CO detectors: required in all residential units with fuel-burning appliances or attached garage (MCA §50-61-102). Repair-and-deduct: yes — after written notice and landlord failure within 14 days; cap is $300 or one month's rent. Notable: Montana preempts local rent control. Billings and Missoula have local housing code enforcement programs. Montana's rental market is tightening rapidly due to population growth; enforcement capacity limited in rural areas.
Building Codes — Rhode Island (RI) Rental Housing
Building Codes — Rhode Island (RI) Rental Housing
Adopted code: Rhode Island State Building Code based on 2018 IBC. Habitability statute: RI Gen. Laws §34-18-22 (Residential Landlord and Tenant Act). Heating: Sept 1 through June 15; landlord must maintain 68°F in all habitable rooms. Smoke detectors: required in each sleeping room and on each floor; landlord installs; hardwired with battery backup required in buildings of more than 2 units; battery in single-family and duplex (RI Gen. Laws §23-28.1-5). CO detectors: required in all residential units with fuel-burning appliances or attached garage (RI Gen. Laws §23-28.1-5.1). Repair-and-deduct: yes — after written notice and landlord failure within 20 days; cap is $125 or one month's rent. Notable: Providence has a rental registration and inspection program. Rhode Island preempts local rent control. RI Department of Health has jurisdiction over minimum housing standards in addition to building code.
Building Codes — Maine (ME) Rental Housing
Building Codes — Maine (ME) Rental Housing
Adopted code: Maine Building Codes based on 2015 IBC/IRC. Habitability statute: 14 MRS §6021 (warranty of habitability). Heating: Sept 15 through May 15; landlord must maintain 68°F in all habitable rooms (14 MRS §6021). Smoke detectors: required in each sleeping room, outside sleeping areas, and on each floor; landlord installs; hardwired with battery backup in new construction; battery in existing (25 MRS §2464). CO detectors: required in all residential units with fuel-burning appliances or attached garage (25 MRS §2464-A). No repair-and-deduct right by statute. Tenant remedy: rent escrow petition or terminate lease after written notice and 14-day failure. Notable: Maine's housing code is part of the implied warranty of habitability statute — a single violation of 14 MRS §6021 can be asserted as a defense to eviction. Portland has enacted local rent control (3% cap) — held valid after 2021 referendum.
City Building Codes — Los Angeles, CA
City Building Codes — Los Angeles, CA
LA Housing Department (LAHD) enforces LA Housing Code. Rental registration (LARSO): all rental units subject to LA Rent Stabilization Ordinance (RSO) must be registered annually; fee ~$30-40/unit. LA RSO applies to most multi-family units built before October 1, 1978. Rent control: RSO caps annual rent increases to annually set % (typically 3-8%). Heating: city requires 70°F in all habitable rooms (matching CA state requirement). Systematic Code Enforcement Program (SCEP): periodic inspections of all multi-family rental buildings; fee charged to landlords per unit inspected. LA Habitability: includes mold disclosure (AB 2108), ventilation, waterproofing. LA Building Code adds structural requirements beyond IPMC for seismic zone 4 (mandatory retrofit for soft-story buildings, "Soft Story Retrofit Ordinance"). Lead paint: all pre-1978 multi-family rentals must comply with RRP renovation rules; LAHD enforces. Unique: LA local "Just Cause Eviction" ordinance requires specific stated reason for eviction for RSO units.
City Building Codes — Seattle, WA
City Building Codes — Seattle, WA
Seattle Department of Construction and Inspections (SDCI) enforces Seattle Building Code and Seattle Housing and Building Maintenance Code (HBMC). Seattle Rental Registration and Inspection Ordinance (RRIO): ALL rental units in Seattle must be registered; periodic physical inspections required (every 4-6 years depending on building type). Annual registration fee per unit. Heating: WA state requirement of 70°F applies; Seattle requires heat available from heat source within the unit (no central boiler serving multiple tenants without individual controls). CO detectors: RCW 43.44.110 requirement applies; SDCI enforces. Seattle Just Cause Eviction Ordinance: requires specific stated reason (from an enumerated list) for eviction. Tenant relocation assistance: landlords must pay 3 months rent as relocation assistance when displacing tenants for demolition, substantial rehabilitation, or change of use. Seattle Multifamily Housing Code: additional requirements for buildings 5+ units including fire sprinkler systems, accessibility, and green building standards (Seattle Green Building Standard requires most new multi-family to meet LEED or equivalent).
Building Codes — Idaho (ID) Rental Housing
Building Codes — Idaho (ID) Rental Housing
Adopted code: Idaho State Building Code based on 2018 IBC/IRC. Habitability statute: Idaho Code §55-2002 (Residential Landlord and Tenant Act). Heating: landlord must provide working heating equipment; no specific minimum temperature by state law. Smoke detectors: required on each floor and outside each sleeping area; landlord installs; battery or hardwired (Idaho Code §39-6603). CO detectors: required in all residential units with fuel-burning appliances or attached garage (Idaho Code §39-6605). Repair-and-deduct: yes — after written notice and landlord failure within 3 days (emergency) or 30 days (non-emergency); cap is $300 or half month's rent. Notable: Boise has a local housing code enforcement program. Idaho preempts local rent control. No state income tax break specifically for rental income.

This tool provides legal information, not legal advice. Nothing on this site creates an attorney-client relationship. For advice about your specific situation, consult a licensed attorney in your state.