Plano rules and resources · Updated
Rats and mice in a Plano rental: tenant and landlord responsibilities
Under the Texas Property Code, a landlord must make a diligent effort to repair a condition that materially affects an ordinary tenant's physical health or safety once the tenant gives proper notice and is current on rent. Put rodent complaints in writing, keep copies and send a second notice if needed.
Rodents in a rental raise two questions fast: who pays, and how quickly does it have to be fixed? In Texas the answer starts with Chapter 92 of the Property Code, which sets out a landlord's duty to repair and the steps a tenant has to take to trigger it. Plano adds its own inspection program for multi-family communities.
This is general information, not legal advice. The statute has conditions and exceptions that matter a lot in a real dispute. If you're thinking about ending a lease or deducting a repair from rent, read the statute yourself or talk to a lawyer or a tenant advice service first.
The landlord's duty to repair
Section 92.052 of the Texas Property Code says a landlord shall make a diligent effort to repair or remedy a condition when three things are true:
- The tenant specifies the condition in a notice to the person, or at the place, where rent is normally paid
- The tenant isn't delinquent in rent when the notice is given
- The condition materially affects the physical health or safety of an ordinary tenant
Does a rodent problem qualify?
The statute doesn't list pests by name. Whether a particular rodent problem materially affects health or safety depends on the facts. Details that tend to matter: droppings in the kitchen or on food prep surfaces, rodents in a bedroom or a child's room, chewed wiring, urine stains in the ceiling and a problem that keeps coming back. Document those details with dated photos.
Section 92.052 also says a landlord generally doesn't have to repair a condition caused by the tenant, a household member or a guest, unless it comes from normal wear and tear. A unit kept clean with food sealed is in a much stronger position than one with open garbage. If you rent, keep food in hard containers and take trash out often so the question doesn't come up.
Something in the attic or the garage?
Want a local rodent technician to look at it? Same-day appointments are often available. (972) 325-9652
How to give notice
Under Section 92.052, notice has to be in writing only if the lease is in writing and requires written notice. Put it in writing anyway. A dated letter or email that describes the problem, where you've seen it and since when is the single most useful thing a tenant can do.
Section 92.056 explains when a landlord becomes liable for failing to repair. One of its conditions is a later, second written notice after the landlord has had a reasonable time to act on the first one. That second notice isn't needed if the first was sent by certified mail with return receipt requested, registered mail or another form of mail or delivery that allows tracking. Sending the first notice by a tracked method saves a step.
- Date the notice and keep a copy
- Describe the problem plainly: droppings, noises, sightings, damage
- Say where in the unit, and since when
- Deliver it where rent is normally paid, or by tracked mail
- Keep photos and a short log of sightings
How long does the landlord have?
Section 92.056 creates a rebuttable presumption that seven days is a reasonable time to repair. The presumption can be rebutted with evidence about when the landlord received notice, how severe and what kind of condition it is, and whether materials, labor and utilities from a utility company are reasonably available.
Rodent work often takes longer than a week to finish. Trapping, sealing and follow-up visits happen over two to four weeks in a typical job. What the law looks at is whether the landlord made a diligent effort, so a landlord who books a licensed provider within a few days and keeps the work going is in a different place from one who does nothing.
Tenant remedies, and why to be careful
If every condition in Section 92.056 is met and the landlord still hasn't made a diligent effort to repair, the statute lists what a tenant may do: terminate the lease, have the condition repaired or remedied and deduct the cost from rent under Section 92.0561, or seek judicial remedies under Section 92.0563. Each has its own conditions and limits. The statute also requires leases to tell tenants about these remedies in bold or underlined print.
Don't simply stop paying rent. A tenant who is delinquent in rent loses the landlord's repair duty under Section 92.052. Repair-and-deduct has specific steps. Read them first, or get advice.
Something in the attic or the garage?
Ready to have the gaps found and closed? Call and describe what you're hearing or finding. (972) 325-9652
Plano's multi-family inspection program
The City of Plano runs a Multi-Family Rental Registration and Inspection Program. The city says the program exists to safeguard the life, health, safety, welfare and property of occupants of multi-family communities, and that it enforces minimum building standards and property maintenance codes. If a building-wide rodent problem isn't being handled after written notice, a code concern through Fix It Plano is a reasonable next step. The Plano reporting guide explains how to file.
The city also runs registration programs for hotels and motels and for short-term rentals.
For landlords and property managers
Treat a rodent notice like any other repair request: log the date it arrived, call a licensed provider and keep every service report. If parts, labor or scheduling delayed the work, write that down, since Section 92.056 lists the availability of materials and labor among the factors that bear on a reasonable time.
Check who's doing the work. The Texas Department of Agriculture says anyone performing pest control at an apartment building must be licensed, including people who aren't working for a pest control company. If your maintenance staff set traps or bait, make sure they hold the right license, or hire a licensed company. The licensing guide shows how to verify one.
In multi-unit buildings, treat the units on each side, above and below the complaint, not just the one unit. Mice travel through plumbing chases. Apartment rodent control describes a building-wide program.
Cleaning up after rodents
Whoever cleans up, do it the safe way. The CDC's hantavirus guidance says to wear gloves, spray droppings and urine with disinfectant or a bleach solution until very wet, let it soak about five minutes, wipe up with paper towels and throw them away. Don't sweep or vacuum droppings, since that can put particles in the air.
Common questions
Does my notice have to be in writing?
Only if your written lease requires it, under Property Code 92.052. Written notice is still the safest choice, and tracked mail can remove the need for a second notice under 92.056.
Is seven days a hard deadline?
No. Section 92.056 makes seven days a rebuttable presumption of a reasonable time. The severity of the problem and the availability of labor and materials can change it.
Can I withhold rent until the rats are gone?
Not safely. A tenant who is delinquent in rent loses the landlord's repair duty under 92.052. The statute's remedies have specific conditions; get advice first.
Who pays if I caused the problem?
Section 92.052 says a landlord generally doesn't have to repair conditions caused by the tenant, household members or guests, other than normal wear and tear.
Does the landlord have to fix mice in a single-family rental house?
The same Property Code repair rules apply to houses and apartments. Whether a rodent problem qualifies depends on whether it materially affects an ordinary tenant's health or safety, and on what caused it. Read your lease too, since some leases assign pest control duties.
Sources
- Texas Property Code Sec. 92.052, Landlord's Duty to Repair or Remedy (Texas Public Law)
- Texas Property Code Sec. 92.056, Landlord Liability and Tenant Remedies (Texas Public Law)
- City of Plano: Multi-Family Rental Registration and Inspection Program
- City of Plano: Property Managers
- Texas Department of Agriculture: Structural Pest Control Licensing
- CDC: Facts About Hantaviruses (PDF)
General information, not legal advice. Rules change, so check the source before you rely on it.