Is Chimney Repair the Landlord's Job in Texas? §92.052, the Seven-Day Presumption and Repair-and-Deduct

Published October 19, 2026 · San Antonio Chimney Sweeps · General information for San Antonio-area homeowners

Nearly half of San Antonio’s occupied homes are rented (47.8%, ACS 2024 5-year), and a good share of them have a fireplace: a gas log set in a 1990s subdivision house, or a wood-burning masonry chimney in an older duplex inside Loop 410. When the flue is blocked or the gas logs will not vent, the question is the same from both sides of the lease: whose job is it? Chapter 92 of the Texas Property Code answers most of it. This post covers the three sections that matter, an HOA note, and what each side should document.

This is general information, not legal advice. The statute text below is as mirrored in May 2025; later legislative sessions may have amended it, so check the current statute or ask a tenant-rights attorney before acting on it. San Antonio Chimney Sweeps is a free quote service that connects San Antonio-area homeowners and landlords with independent local chimney sweep, inspection and repair companies for free, no-obligation quotes.

§92.052: the landlord’s duty to repair

Texas Property Code §92.052(a) says a landlord “shall make a diligent effort to repair or remedy a condition” if three things are true: “(1) the tenant specifies the condition in a notice to the person to whom or to the place where rent is normally paid; (2) the tenant is not delinquent in the payment of rent at the time notice is given; and (3) the condition: (A) materially affects the physical health or safety of an ordinary tenant.”

Under §92.052(b), the landlord has no duty to repair a condition caused by the tenant or guests “unless the condition was caused by normal wear and tear,” and under §92.052(d) the notice “must be in writing only if the tenant’s lease is in writing and requires written notice.”

How does a chimney fit the “health or safety” test? The statute does not list fireplaces and no Texas case on chimneys turned up in our research, so this is a reading, not a rule: a blocked flue, a gas log set that is not venting or a crumbling firebox are the kinds of conditions the test is aimed at; a routine sweep of a working fireplace is harder to fit. A written Level 2 chimney inspection report that documents the condition is the most useful thing either party can bring to that question.

§92.056: the notice steps and the seven-day presumption

Section 92.056(b) lists what must be true before a landlord is liable for failing to repair: the tenant has given notice; the condition materially affects health or safety; the tenant has given “a subsequent written notice… after a reasonable time” or sent the first notice “by certified mail, return receipt requested, by registered mail, or by another form of mail that allows tracking”; the landlord has had a reasonable time to repair; the landlord has not made a diligent effort; and the tenant was not delinquent.

The key line is §92.056(d): “in determining whether a period of time is a reasonable time to repair or remedy a condition, there is a rebuttable presumption that seven days is a reasonable time.” The facts, such as a part on backorder, can overcome the presumption, but it sets the starting point. If the conditions in (b) are met, §92.056(e) says the tenant may terminate the lease, have the condition repaired under §92.0561, deduct the cost from rent, or pursue judicial remedies under §92.0563.

In practice: a tenant puts the problem in writing to the address where rent is paid, sends it with tracking, keeps rent current and waits the reasonable time before a second notice. A landlord acknowledges the notice, gets a chimney company out quickly and keeps the quote and scheduled date on file; that record is what “diligent effort” looks like on paper.

§92.0561: repair-and-deduct limits

Repair-and-deduct is narrower than most people assume. Under §92.0561(b), the tenant’s deduction “may not exceed the amount of one month’s rent under the lease or $500, whichever is greater.” The timing depends on the condition: for most health-or-safety conditions, the tenant must wait seven days after a notice that states an intent to repair; for inadequate heating specifically, the statute requires that “the landlord has been notified in writing by the appropriate local housing, building, or health official” that the lack of heat materially affects health or safety, followed by three days without repair. In San Antonio, where electricity heats 70.2% of homes and gas 27.8% (ACS 2024 5-year), a chimney problem will almost always fall under the general health-or-safety path rather than the heating path.

Under §92.0561(f), the repair “must be made by a company, contractor, or repairman listed in the yellow or business pages… or in the classified advertising section of a newspaper” and “may not be made by the tenant.” Given the cap, repair-and-deduct can realistically cover a damper, a cap or a sweep-and-inspection; a reline at $1,800–$4,000 (typical national ranges from Fixr (2025) and Angi via Bob Vila (2023) — estimates, not quotes) usually exceeds it. Check the current statute or ask a tenant-rights attorney before deducting anything.

A note for owners in HOA neighborhoods

If the rental sits in an association neighborhood such as Stone Oak, The Dominion, Fair Oaks Ranch, Shavano Park or Timberwood Park, a visible cap, shroud or chase cover may need architectural approval first, which affects how fast a repair can be done. Under §202.004(a), an association’s exercise of discretionary authority over a restrictive covenant “is presumed reasonable unless the court determines by a preponderance of the evidence that the exercise of discretionary authority was arbitrary, capricious, or discriminatory.” Under §209.00505, in associations of more than 40 lots a written denial by the architectural review authority must “describe the basis for the denial in reasonable detail” and tell the owner a hearing may be requested within 30 days. We did not find any HOA’s actual rule text, so check your covenants.

What landlords should document

• The date and content of every tenant notice, and your written acknowledgement.
• The chimney company’s inspection report with photos or video, and the written quote.
• Scheduled and completed dates for the sweep or repair, and the invoice.
• For gas log sets, who touched the gas: gas line work is done only by Texas-licensed plumbers (or, for propane, Railroad Commission-licensed LP-gas companies), and inside San Antonio a Plumbing, Gas and Sewer permit applies. See gas fireplace service.
• Any HOA application and approval, and any City permit the contractor pulled.

Keeping sweep and inspection reports also pays off at sale time: the TREC Seller’s Disclosure Notice asks about the fireplace and chimney, gas lines and previous fires, as our disclosure post explains.

What tenants should document

• A dated copy of each notice and proof of how it was sent.
• Photos of the problem: smoke in the room, debris or water in the firebox, a damper that will not open.
• Proof that rent was current when notice was given.
• Any quote or report from a chimney company, if the tenant arranged one.
• The lease language on repairs and remedies.

Getting the work quoted

The fastest way to move a chimney repair forward is a written inspection and quote. Texas has no chimney-sweep license, so ask any company whether its technicians hold a CSIA Certified Chimney Sweep or NFI certification (private credentials; verify on csia.org or nficertified.org), ask for proof of insurance and a written scope with photos, and, for repair work inside San Antonio city limits, ask for its City of San Antonio Home Improvement Contractor registration. Request a free quote; we usually reply the same day. Again, this is general information, not legal advice; check the current statute or ask a tenant-rights attorney.

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