Tex. Prop. Code Section 92.0562
Landlord Affidavit for Delay


(a)

The tenant must delay contracting for repairs under Section 92.0561 (Tenant’s Repair and Deduct Remedies) if, before the tenant contracts for the repairs, the landlord delivers to the tenant an affidavit, signed and sworn to under oath by the landlord or his authorized agent and complying with this section.

(b)

The affidavit must summarize the reasons for the delay and the diligent efforts made by the landlord up to the date of the affidavit to get the repairs done. The affidavit must state facts showing that the landlord has made and is making diligent efforts to repair the condition, and it must contain dates, names, addresses, and telephone numbers of contractors, suppliers, and repairmen contacted by the owner.

(c)

Affidavits under this section may delay repair by the tenant for:

(1)

15 days if the landlord’s failure to repair is caused by a delay in obtaining necessary parts for which the landlord is not at fault; or

(2)

30 days if the landlord’s failure to repair is caused by a general shortage of labor or materials for repair following a natural disaster such as a hurricane, tornado, flood, extended freeze, or widespread windstorm.

(d)

Affidavits for delay based on grounds other than those listed in Subsection (c) of this section are unlawful, and if used, they are of no effect. The landlord may file subsequent affidavits, provided that the total delay of the repair or remedy extends no longer than six months from the date the landlord delivers the first affidavit to the tenant.

(e)

The affidavit must be delivered to the tenant by any of the following methods:

(1)

personal delivery to the tenant;

(2)

certified mail, return receipt requested, to the tenant; or

(3)

leaving the notice inside the dwelling in a conspicuous place if notice in that manner is authorized in a written lease.

(f)

Affidavits for delay by a landlord under this section must be submitted in good faith. Following delivery of the affidavit, the landlord must continue diligent efforts to repair or remedy the condition. There shall be a rebuttable presumption that the landlord acted in good faith and with continued diligence for the first affidavit for delay the landlord delivers to the tenant. The landlord shall have the burden of pleading and proving good faith and continued diligence for subsequent affidavits for delay. A landlord who violates this section shall be liable to the tenant for all judicial remedies under Section 92.0563 (Tenant’s Judicial Remedies) except that the civil penalty under Subdivision (3) of Subsection (a) of Section 92.0563 (Tenant’s Judicial Remedies) shall be one month’s rent plus $1,000.

(g)

If the landlord is liable to the tenant under Section 92.056 (Landlord Liability and Tenant Remedies; Notice and Time for Repair) and if a new landlord, in good faith and without knowledge of the tenant’s notice of intent to repair, has acquired title to the tenant’s dwelling by foreclosure, deed in lieu of foreclosure, or general warranty deed in a bona fide purchase, then the following shall apply:

(1)

The tenant’s right to terminate the lease under this subchapter shall not be affected, and the tenant shall have no duty to give additional notice to the new landlord.

(2)

The tenant’s right to repair and deduct for conditions involving sewage backup or overflow, flooding inside the dwelling, or a cutoff of potable water under Subsection (e) of Section 92.0561 (Tenant’s Repair and Deduct Remedies) shall not be affected, and the tenant shall have no duty to give additional notice to the new landlord.

(3)

For conditions other than those specified in Subdivision (2) of this subsection, if the new landlord acquires title as described in this subsection and has notified the tenant of the name and address of the new landlord or the new landlord’s authorized agent and if the tenant has not already contracted for the repair or remedy at the time the tenant is so notified, the tenant must deliver to the new landlord a written notice of intent to repair or remedy the condition, and the new landlord shall have a reasonable time to complete the repair before the tenant may repair or remedy the condition. No further notice from the tenant is necessary in order for the tenant to repair or remedy the condition after a reasonable time has elapsed.

(4)

The tenant’s judicial remedies under Section 92.0563 (Tenant’s Judicial Remedies) shall be limited to recovery against the landlord to whom the tenant gave the required notices until the tenant has given the new landlord the notices required by this section and otherwise complied with Section 92.056 (Landlord Liability and Tenant Remedies; Notice and Time for Repair) as to the new landlord.

(5)

If the new landlord violates this subsection, the new landlord is liable to the tenant for a civil penalty of one month’s rent plus $2,000, actual damages, and attorney’s fees.

(6)

No provision of this section shall affect any right of a foreclosing superior lienholder to terminate, according to law, any interest in the premises held by the holders of subordinate liens, encumbrances, leases, or other interests and shall not affect any right of the tenant to terminate the lease according to law.
Added by Acts 1989, 71st Leg., ch. 650, Sec. 7, eff. Aug. 28, 1989.

Source: Section 92.0562 — Landlord Affidavit for Delay, https://statutes.­capitol.­texas.­gov/Docs/PR/htm/PR.­92.­htm#92.­0562 (accessed Mar. 23, 2024).

92.001
Definitions
92.002
Application
92.003
Landlord’s Agent for Service of Process
92.004
Harassment
92.005
Attorney’s Fees
92.006
Waiver or Expansion of Duties and Remedies
92.007
Venue
92.008
Interruption of Utilities
92.009
Residential Tenant’s Right of Reentry After Unlawful Lockout
92.010
Occupancy Limits
92.011
Cash Rental Payments
92.012
Notice to Tenant at Primary Residence
92.013
Notice of Rule or Policy Change Affecting Tenant’s Personal Property
92.014
Personal Property and Security Deposit of Deceased Tenant
92.015
Tenant’s Right to Summon Police or Emergency Assistance
92.016
Right to Vacate and Avoid Liability Following Family Violence
92.017
Right to Vacate and Avoid Liability Following Certain Decisions Related to Military Service
92.018
Liability of Tenant for Governmental Fines
92.019
Late Payment of Rent
92.020
Emergency Phone Number
92.021
Liability of Certain Guarantors Under Lease
92.023
Tenant’s Remedies Regarding Revocation of Certificate of Occupancy
92.024
Landlord’s Duty to Provide Copy of Lease
92.025
Liability for Leasing to Person with Criminal Record
92.026
Possession of Firearms or Firearm Ammunition on Leased Premises
92.051
Application
92.052
Landlord’s Duty to Repair or Remedy
92.053
Burden of Proof
92.054
Casualty Loss
92.055
Closing the Rental Premises
92.056
Landlord Liability and Tenant Remedies
92.058
Landlord Remedy for Tenant Violation
92.060
Agents for Delivery of Notice
92.061
Effect on Other Rights
92.062
Lease Term After Natural Disaster
92.0081
Removal of Property and Exclusion of Residential Tenant
92.0091
Residential Tenant’s Right of Restoration After Unlawful Utility Disconnection
92.101
Application
92.102
Security Deposit
92.103
Obligation to Refund
92.104
Retention of Security Deposit
92.105
Cessation of Owner’s Interest
92.106
Records
92.107
Tenant’s Forwarding Address
92.108
Liability for Withholding Last Month’s Rent
92.109
Liability of Landlord
92.110
Lease Without Security Deposit
92.111
Fee in Lieu of Security Deposit
92.0131
Notice Regarding Vehicle Towing or Parking Rules or Policies
92.0132
Term of Parking Permit
92.0135
Notice for Dwelling Located in Floodplain
92.151
Definitions
92.152
Application of Subchapter
92.153
Security Devices Required Without Necessity of Tenant Request
92.154
Height, Strike Plate, and Throw Requirements--keyed Dead Bolt or Keyless Bolting Device
92.155
Height Requirements--sliding Door Security Devices
92.156
Rekeying or Change of Security Devices
92.157
Security Devices Requested by Tenant
92.158
Landlord’s Duty to Repair or Replace Security Device
92.159
When Tenant’s Request or Notice Must Be in Writing
92.160
Type, Brand, and Manner of Installation
92.0161
Right to Vacate and Avoid Liability Following Certain Sex Offenses or Stalking
92.161
Compliance with Tenant Request Required Within Reasonable Time
92.0162
Right to Vacate and Avoid Liability Following Tenant’s Death
92.162
Payment of Charges
92.163
Removal or Alteration of Security Device by Tenant
92.164
Tenant Remedies for Landlord’s Failure to Install or Rekey Certain Security Devices
92.165
Tenant Remedies for Other Landlord Violations
92.166
Notice of Tenant’s Deduction of Repair Costs from Rent
92.167
Landlord’s Defenses Relating to Compliance with Tenant’s Request
92.168
Tenant’s Remedy on Notice from Management Company
92.169
Agent for Delivery of Notice
92.170
Effect on Other Landlord Duties and Tenant Remedies
92.0191
Statement of Late Fees
92.201
Disclosure of Ownership and Management
92.202
Landlord’s Failure to Disclose Information
92.203
Landlord’s Failure to Correct Information
92.204
Bad Faith Violation
92.205
Remedies
92.206
Landlord’s Defense
92.207
Agents for Delivery of Notice
92.208
Additional Enforcement by Local Ordinance
92.251
Definitions
92.252
Application of Other Law
92.253
Exemptions
92.254
Smoke Alarm
92.255
Installation and Location
92.257
Installation Procedure
92.258
Inspection and Repair
92.259
Landlord’s Failure to Install, Inspect, or Repair
92.260
Tenant Remedies
92.261
Landlord’s Defenses
92.262
Agents for Delivery of Notice
92.263
Inspection of Residential Fire Extinguisher
92.264
Duty to Repair or Replace
92.301
Landlord Liability to Tenant for Utility Cutoff
92.302
Notice of Utility Disconnection of Nonsubmetered Master Metered Multifamily Property to Municipalities, Owners, and Tenants
92.331
Retaliation by Landlord
92.332
Nonretaliation
92.333
Tenant Remedies
92.334
Invalid Complaints
92.335
Eviction Suits
92.351
Definitions
92.352
Rejection of Applicant
92.353
Procedures for Notice or Refund
92.354
Liability of Landlord
92.355
Waiver
92.0561
Tenant’s Repair and Deduct Remedies
92.0562
Landlord Affidavit for Delay
92.0563
Tenant’s Judicial Remedies
92.1031
Conditions for Retention of Security Deposit or Rent Prepayment
92.1041
Presumption of Refund or Accounting
92.1641
Landlord’s Defenses Relating to Installing or Rekeying Certain Security Devices
92.2571
Alternative Compliance
92.2611
Tenant’s Disabling of a Smoke Alarm
92.3515
Notice of Eligibility Requirements

Accessed:
Mar. 23, 2024

§ 92.0562’s source at texas​.gov