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Renters and Water Damage: Who Pays in Texas?

Your landlord is generally responsible for the building; your renters insurance covers your belongings. Texas law requires landlords to make a diligent effort to repair conditions that affect health or safety once you give proper notice. Here’s what to do and who pays.

First steps

If your apartment has water damage

  1. Stop the water if it’s from your fixture (valve under the sink or toilet).
  2. Tell management right away, and follow up in writing; keep a copy.
  3. Move belongings out of the water and photograph everything.
  4. Call your renters insurer and ask about additional living expenses if the unit isn’t livable.
  5. Keep receipts for anything you spend.

Who pays

Who usually pays for what

DamageUsually paid by
Walls, floors, ceilings, plumbingLandlord / owner
Your furniture, clothes, electronicsYour renters insurance
Hotel or temporary housingRenters insurance (additional living expenses), if included
Damage you or a guest causedYou, or your liability coverage

Texas law

What Texas law says

Texas Property Code §92.052 requires a landlord to make a diligent effort to repair a condition that materially affects the physical health or safety of an ordinary tenant, once the tenant gives notice to the place rent is normally paid and is current on rent. Written notice is required if the lease calls for it, and it’s the safer choice either way. Damage caused by the tenant or guests is generally excluded, except normal wear and tear.

This is general information, not legal advice.

Richardson renters

Renting in Richardson

Many renters live near UT Dallas, CityLine and along the US-75 corridor. For unit-to-unit leaks and condos, see apartment and condo water damage.

FAQ

Renters water damage FAQs

Who pays when an apartment floods?

Generally, the landlord’s policy covers the building and its systems, and your renters insurance covers your belongings, minus your deductible. If someone’s negligence caused the leak, their insurance may be responsible for the damage it caused.

Does renters insurance cover water damage?

Renters policies commonly cover belongings damaged by sudden water damage, like a burst pipe, and often additional living expenses if the unit is unlivable. Flood from rising water is usually excluded.

Can I stop paying rent if my apartment has water damage?

Not on your own. Texas law sets specific procedures and notice requirements for repair remedies, and withholding rent without following them can put you at risk of eviction. Give written notice, keep copies, and get legal advice if the landlord doesn’t act.

Need the water out?

Tell your landlord in writing, then call if you need drying help.

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