What Texas Law’s “Diligent Effort” Rule Means for Property Owners

Owning rental property in Texas is a strong investment—but it also comes with clear legal obligations. Under the Texas Property Code §92.056, landlords must make a diligent effort to address repairs that affect a tenant’s health or safety. Understanding what that means—and how to prove it—can protect your property, your income, and your reputation.

What “Diligent Effort” Really Means

The statute requires landlords to take prompt, reasonable, and continuous action once a tenant provides proper written notice of a major repair need. In practice, this means:

Respond quickly to repair requests and acknowledge receipt in writing.
Contact multiple licensed vendors when one isn’t available.
Order parts and authorize work without unnecessary delay.
Keep tenants informed at each step (ETA, parts on order, completion status).
Document every attempt—calls, emails, texts, photos, invoices, and completion dates.

A single call followed by silence rarely satisfies the standard. Active coordination and a written record usually does.

Why the “Diligent Effort” Rule Matters for Property Owners

1) Legal & Financial Protection

Without diligence, tenants may terminate the lease, deduct repair costs, or seek court remedies and attorney’s fees. A clean paper trail protects you.

2) Preserve Property Value

Prompt maintenance stops small issues from becoming expensive problems—e.g., leaks → water damage & mold; wiring issues → safety hazards.

3) Tenant Satisfaction & Retention

Quick, professional repairs strengthen renewals, reduce vacancy, and build a positive reputation.

4) Compliance & Peace of Mind

Following the rule keeps you aligned with Texas landlord-tenant law. If disputes arise, your documentation shows good-faith effort.

Common Issues That Require Diligent Repair

Broken heating or cooling systems
Major plumbing leaks, clogs, or sewer backups
Faulty electrical wiring or panels
Broken locks, exterior doors, or compromised security
Roof or structural damage impacting habitability

Cosmetic items typically don’t trigger the statute, but track all maintenance requests anyway.

Steps to Stay Compliant

Acknowledge tenant notices promptly. Start your record trail (email/text).
Dispatch repairs immediately. Contact multiple vendors if needed and schedule ASAP.
Document everything. Communications, photos, estimates, invoices, completion dates.
Keep tenants updated. Communicate timelines and changes.
Verify completion. Confirm the issue is truly resolved and note the date.

Example: Air Conditioning Failure in Summer

Tenant reports the AC is out in July. A diligent response includes contacting HVAC techs immediately, logging every call and message, providing updates, documenting any part orders or delays, and offering temporary relief (portable unit/fans) if repairs take time. This approach meets the standard and maintains tenant trust.

Protecting Your Investment Long Term

The “diligent effort” requirement isn’t a technicality—it’s a framework for safeguarding rental income and property value. By responding quickly, documenting thoroughly, and communicating consistently, you minimize risk and demonstrate professionalism.