Tenant and landlord rodent rules in Waco

Published November 4, 2026

Under Texas Property Code Section 92.052, a landlord must make a diligent effort to repair a condition that materially affects an ordinary tenant's health or safety once the tenant gives notice and is current on rent. Seven days is presumed a reasonable time under Section 92.056. Waco also enforces the International Property Maintenance Code.

The short version

In Texas, a landlord’s duty to deal with rodents comes from the Property Code’s repair rules, not from a rodent-specific law. Once a tenant gives proper notice of a condition that materially affects health or safety, the landlord has to make a diligent effort to fix it. A real infestation, with droppings in the kitchen and mice in the walls, is the kind of condition the rule is meant for.

Waco adds its own layer. The City’s Code Compliance division enforces the International Property Maintenance Code, 2024 edition, which deals with rodent harborage and pest elimination. Some nearby cities, like Bellmead, have their own rodent ordinances.

Here’s how the pieces fit. This is general information, not legal advice.

Texas Property Code Section 92.052

Section 92.052 says a landlord shall make a diligent effort to repair or remedy a condition when all of these are true:

• The tenant specifies the condition in a notice to the person or 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.

The same section has an important exception. Unless the condition comes from normal wear and tear, the landlord doesn’t have to repair a condition caused by the tenant, a lawful occupant, a family member or a guest. For rodents, that can turn on housekeeping. A unit with food sealed and trash taken out is in a stronger position than one with open garbage on the floor.

Notice has to be in writing only if the lease is in writing and requires it. Write it down anyway.

Notice and timing under Section 92.056

Section 92.056 explains when a landlord becomes liable for not repairing. Among its conditions: the tenant gave notice, the landlord had a reasonable time to repair, and the tenant gave a later written notice. That second notice isn’t required if the first one went by certified mail, registered mail or another trackable method. Sending the first notice by a tracked method saves a step.

The statute presumes seven days is a reasonable time to repair. That presumption can be rebutted with evidence about when the landlord got the notice, how severe the condition is and whether materials, labor and utilities are reasonably available.

Rodent work rarely finishes in a week. Trapping, sealing and return visits usually run two to four weeks. What the law looks at is whether the landlord made a diligent effort. A landlord who books a licensed provider within a few days and keeps the work going is in a different position from one who does nothing.

What remedies the statute lists

If the conditions of Section 92.056 are met and the landlord still hasn’t made a diligent effort, the statute lists what a tenant may do: end the lease, repair and deduct under Section 92.0561, or seek judicial remedies under Section 92.0563. Section 92.056 also requires leases to describe these remedies in underlined or bold print.

Repair-and-deduct is narrower than many tenants think. Section 92.0561 covers sewage backups, flooding from broken pipes, loss of water and certain heating or cooling failures. For other health or safety conditions, it applies only when a local housing, building or health official has given written notice that the condition materially affects the health or safety of an ordinary tenant. The deduction is capped at one month’s rent or $500, whichever is greater, and the repair has to be done by a company or contractor, not by the tenant. Read the statute before you try it.

Don’t simply stop paying. A tenant who is behind on rent when notice is given loses the repair duty under Section 92.052.

What tenants should do

1. Write to the landlord or manager. Date it. Describe what you’ve seen (droppings, chewed food, noises, a live mouse), where and since when.
2. Send it by a tracked method, or hand-deliver it and keep a signed copy.
3. Take photos of droppings, gnaw marks and any gaps you can see under sinks or behind appliances.
4. Keep food in sealed containers and take trash out often, so the problem can’t be blamed on housekeeping.
5. Give access for inspection and treatment when the landlord schedules it.
6. If nothing happens, follow up in writing.

If the building has bigger problems, like junk, trash or a property in poor repair, the reporting guide explains how to contact Waco Code Compliance.

What landlords should do

Treat a rodent notice like any other repair request. Log the date it arrived, schedule a licensed provider quickly and keep every service report. If parts, labor or scheduling caused delays, write that down, because Section 92.056 lists availability of materials and labor among the factors that bear on a reasonable time.

In multi-unit buildings, treat the neighbors too. Mice move through shared walls, plumbing chases and attics. Treating one unit while the next one stays infested brings the complaint back. Rental and apartment rodent control explains how multi-unit jobs usually run.

Check who’s doing the work. The Texas Department of Agriculture’s licensing page says people doing pest control at an apartment building must be licensed, even when they don’t work for a pest control company. If maintenance staff set traps with bait, make sure they’re licensed, or hire a licensed company. The license guide shows how to check.

Waco’s property maintenance code

Waco’s Code Compliance division enforces the International Property Maintenance Code, 2024 edition, along with Waco’s local amendments. The model code has a pest elimination section that requires structures to be kept free of rodent infestation and divides responsibility between owners and occupants, and a separate rule against rodent harborage on exterior property. The exact wording and section numbers depend on the edition and Waco’s amendments, so ask Code Compliance for the current text if you need it.

Code Compliance also enforces rules on junk, litter, open storage and high weeds. Those are often the conditions behind a rat problem at a rental with a neglected yard.

Bellmead and other nearby cities

Rentals outside Waco follow their own city’s code. Bellmead’s 2023 rodent ordinance spells out responsibility directly. Occupants must keep the part of the building they occupy or control free of rodents, with a defense if they show the enforcement officer a current lease that puts the repairs on the owner. Owners are responsible for unoccupied areas, areas not controlled by a non-owner occupant and areas the lease assigns to them. When there’s evidence of rodents and the officer gives notice, the owner must rodent-proof the building. The officer normally allows at least seven calendar days to correct a problem.

Student rentals near Baylor

The Baylor area has many investor-owned rentals and frequent turnover. Move-outs leave trash and food behind, and a house can pick up mice while it sits empty. Landlords can get ahead of it by having the house checked and sealed between tenants, when it’s empty and easy to inspect. Tenants moving in should look under the sinks and in the pantry for droppings on day one and report anything in writing right away.

Getting the work done

Whoever ends up responsible, the fix is the same: an inspection, trapping, sealing and return visits until activity stops. Ask for a written plan and a written report at the end. That paperwork helps tenants and landlords alike if there’s ever a disagreement about what was done and when.