Lack of proper heat and air conditioning are conditions that would materially affect the physical health and safety of an ordinary tenant.
For a condition that materially affects the physical health or safety of an ordinary tenant, the landlord is required to make repairs or to remedy the condition. To start that process under the Landlord - Tenant provisions of the Texas Property Code, specifically section 92.056, the tenant needs to provide written notice of the condition and to request repairs. When I represent a tenant, I recommend that the tenant hand deliver the notice and also send it by certified mail. If after a reasonable time, the landlord does not address/resolve the condition, or make a diligent effort to do so, the tenant would have to send a second notice. If the landlord does not then resolve the condition, or make diligent effort to resolve the condition within a reasonable time, the tenant can terminate the lease, remedy the condition and hold the landlord accountable for the cost, or pursue one of the other remedies set out in Texas Property Code section 92.056.
You can review the Texas Property Code, Chapter 92 - Landlord - Tenant Residential Property, at the following web addresses:
http://www.fastlaws.com/index.php?id=txprchapter92
-Or-
http://www.texaspropertycode.org/
Good luck.
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