Rats in a Rental in El Paso: Tenant and Landlord Duties

This is general information, not legal advice. In Texas, Property Code Section 92.052 says a landlord must make a diligent effort to repair or remedy a condition when the tenant gives notice to the place rent is normally paid, is not behind on rent, and the condition materially affects the physical health or safety of an ordinary tenant. Whether a particular rodent problem meets that test depends on the facts. On top of state law, El Paso adopts the International Property Maintenance Code, which assigns pest duties to owners and occupants.

Below are the state rules, the local code, the steps tenants usually take, and what landlords can do to stay ahead of a dispute. If your situation is serious, talk to a lawyer or a tenant help organization.

The Texas repair rule

Section 92.052 sets three conditions for the landlord's duty to repair. The tenant gives notice of the condition to the person or place where rent is normally paid. The tenant is not delinquent in rent when notice is given. And the condition materially affects the physical health or safety of an ordinary tenant.

There is an exception. Unless the condition comes from normal wear and tear, the landlord does not have to repair a condition caused by the tenant, a lawful occupant, a family member or a guest during the lease term. A rodent problem caused by holes in the building is a different case than one caused by a tenant leaving food and trash out.

When the landlord becomes liable

Section 92.056 explains when a tenant can use remedies. In short, the tenant must give notice to the place rent is paid, the condition must materially affect health or safety, the landlord must have had a reasonable time to fix it, and the landlord must not have made a diligent effort. The tenant must also send a second written notice after a reasonable time, unless the first notice went by certified mail, return receipt requested, registered mail or another trackable method.

The statute presumes that seven days is a reasonable time to make a repair, though that presumption can be rebutted based on the severity of the problem and the availability of materials and labor. The tenant must be current on rent when each notice is given.

Remedies listed in Section 92.056(e) include ending the lease, having the condition repaired or remedied under Section 92.0561, deducting the repair cost from rent under that same section, and seeking judicial remedies under Section 92.0563.
Repair-and-deduct has limits and conditions. The Austin Tenants' Council brochure on Texas repair rights calls it complicated and urges tenants to get help first.

What El Paso's property code says about pests

Chapter 18.50 of the El Paso City Code adopts the 2021 International Property Maintenance Code. El Paso's amendments do not change the model code's rodent harborage or pest elimination sections, so those sections apply as written. The model code's general approach looks like this.

Structures and exterior property are to be kept free of rodent harborage and infestation, and rodents found are to be promptly exterminated by approved processes that are not harmful to human health.
The owner is responsible for pest elimination before renting or leasing a structure.
In a building with two or more units, the owner handles pest elimination in public or shared areas and on the exterior property.
The occupant is responsible for keeping the structure free of rodents and pests, except where infestations are caused by defects in the structure, which fall to the owner.

El Paso's amendments do touch related topics. The chapter routes rubbish and garbage rules and weed rules to Chapter 9.04 of the city code, and it sets insect screen requirements for ventilation openings. If you want the exact wording, read the chapter and the model code itself, or ask the city.

Steps tenants usually take

Tenant help groups recommend a paper trail. These are the common steps.

Pay rent on time. Under Section 92.052, the duty to repair only applies if you are not behind when you give notice.
Write a dated repair request describing the rodent problem and saying it affects your health or safety. Send it to where you pay rent, ideally by certified mail or another trackable method. The Austin Tenants' Council notes that email may not count as written notice.
Keep copies, receipts and photos of droppings, gnawing and any damage.
Wait a reasonable time. Seven days is presumed reasonable for most repairs.
If nothing happens, send a second notice, and get advice before choosing a remedy.
You can also file a tenant complaint through El Paso 311. Our 311 guide explains how.

In the meantime, do your part. Store food in sealed containers, take trash out often, keep pet food put away, and do not sweep up droppings. Clean them the CDC way, described on our droppings cleanup page.

What landlords can do

Most rodent disputes start because a landlord treated one symptom instead of the building. A few habits prevent most of them.

Inspect and seal between tenants. A vacant unit with an open gap gets rodents fast.
In multi-unit buildings, treat the building, not only the unit that called. Shared walls and pipe chases move rodents around. See our apartment rodent control page.
Keep dumpster lids closed and enclosures clean, and add pickups if trash overflows.
Respond in writing to repair requests, with dates of the provider's visits.
Hire a licensed provider and keep the service reports.

What to include in a repair request

Tenant help groups suggest a short, dated letter with your name, address and unit number, a description of the rodent problem with dates you saw signs, a statement that the condition affects your health or safety, a reasonable time to fix it, and your signature. Attach photos if you have them. Keep a copy and your mailing receipt. This is general information, not legal advice.

Retaliation and other protections

Texas law also limits retaliation by landlords for a period after a tenant makes a good-faith repair request or complaint to a government agency, according to the Austin Tenants' Council brochure. The rules have conditions and exceptions, so read them carefully or get help before relying on them.

Leases matter too. Some leases address pest control directly. Read yours, and keep it with your notices.

Frequently asked questions

Does a Texas landlord have to get rid of mice?

If the condition materially affects an ordinary tenant's health or safety, the tenant gives proper notice and is current on rent, Section 92.052 requires a diligent effort to repair. Whether a specific rodent problem qualifies depends on the facts.

How long does a landlord have to fix it?

Section 92.056 presumes seven days is a reasonable time, though that can be rebutted depending on the situation.

Can I withhold rent because of rats?

Withholding rent outside the statute's procedures can put you at risk of eviction and loss of repair rights. Get advice before you do anything with rent.

Who handles rodents in an apartment's shared areas?

Under the model property maintenance code El Paso adopts, the owner of a building with two or more units handles shared areas and exterior property.

Is this legal advice?

No. It is general information. Talk to a lawyer or a tenant help organization about your situation.

Rats or mice in an El Paso rental: tenant and landlord responsibilities