Guide
Owners, landlords and renters: who handles water damage
The first step is the same for everyone: stop the water and tell the right person. Who pays and who repairs depends on your role.
Connects you with an independent restoration contractor.
If you rent
Texas Property Code section 92.052 requires a landlord to make a diligent effort to repair a condition when the tenant gives notice, the tenant is not delinquent in rent, and the condition materially affects the health or safety of an ordinary tenant. A leak that spreads water through a unit can be such a condition.
The landlord does not have to repair a condition that the tenant, a lawful occupant, a family member or a guest caused, other than by normal wear and tear.
Notice must be in writing only if the lease is in writing and requires written notice. Send it in a way you can prove, and keep a copy.
- Tell the landlord or manager right away, in writing, and keep the date.
- Photograph the water and the damage.
- Stop the water at a fixture valve if you can reach it safely.
- Move your belongings and keep receipts.
What the statute says about timing
Section 92.056 sets out when a tenant may use remedies such as ending the lease or having the condition repaired. It says there is a rebuttable presumption that seven days is a reasonable time for the landlord to repair, and the facts of the case can change that.
The section also excludes conditions caused by the tenant and insured casualty losses, which section 92.054 addresses. A lawyer or a tenant's advocate can explain how these apply. This page is general information, not legal advice.
A tenant who is behind on rent when the notice is given loses some of these protections.
Renters insurance
The Texas Department of Insurance says most home and renters policies cover sudden and accidental water damage, such as a burst pipe, a toilet overflow or a broken washer hose. A renters policy usually covers a tenant's belongings, not the building. Read your policy to see what it lists.
The landlord's insurance covers the structure. The landlord decides whether to file.
If you own the home and rent it out
The statute puts the repair duty on you. A quick written response, photographs and a contractor's scope protect both you and the tenant.
Tell your own insurer promptly. A rental dwelling policy differs from a home policy, so check the type you hold.
A tenant has no obligation to hire the contractor you choose. Give the tenant notice before anyone enters, as your lease or the law requires.
If you own and live in the home
You handle the claim and the repair, and you choose the contractor. Anyone you hire is independent. This line connects you with one, but nothing requires you to use it.
The first 24 to 48 hours guide has the order of steps, and the insurance basics page covers deadlines.
Water is still moving. Call now.
One call connects you with an independent restoration contractor who serves the Kyle area. Then you decide what happens next.