Where to file a complaint depends on what went wrong
Texas has three main places to file a complaint against an apartment complex, and which one you use depends on the problem. If the issue is a building code violation, habitability problem, or maintenance failure, you file with your city or county health department or code enforcement office. If the landlord is retaliating against you for complaining or asserting a legal right, you file with the Texas Attorney General's office or file a counterclaim in court if eviction is already underway. If the complex violated fair housing law — discrimination based on race, color, religion, sex, national origin, disability, or familial status — you file with the U.S. Department of Housing and Urban Development (HUD) or the Texas Workforce Commission's Civil Rights Division.
Some complaints can go to multiple places at once. For example, a habitability problem can go to code enforcement and also be raised as a defense in an eviction case. The fastest route is usually your city or county code enforcement office, because they can inspect the unit and issue violations that create legal pressure on the landlord to fix things.
Key Takeaways
- Code violations and maintenance problems go to your city or county code enforcement or health department, which can inspect and order repairs.
- Retaliation complaints go to the Texas Attorney General or can be filed as a defense in court if you are being evicted.
- Fair housing violations go to HUD or the Texas Workforce Commission's Civil Rights Division within one year of the incident.
- Keep written records of the problem — photos, repair requests, text messages, and dates — before you file anywhere.
- Filing a complaint does not stop an eviction already in progress, but it can be used as a legal defense in court.
How to file a code enforcement or habitability complaint
Contact your city or county code enforcement office directly. Most Texas cities have a dedicated code enforcement department; if yours does not, call the city manager's office or public health department and ask where to report housing violations. You can usually file online, by phone, or in person. Have the property address, your unit number, and a description of the problem ready.
The inspector will visit the unit (usually within 5 to 10 business days, though this varies by city) and document whether the problem violates the Texas Property Code or local housing codes. Common violations include no hot water, broken locks, mold, pest infestations, broken windows, and lack of weatherproofing. If the inspector finds a violation, the landlord receives a notice to repair within a set timeframe — usually 7 to 30 days depending on severity.
If the landlord does not repair, code enforcement can issue fines or place a hold on the property. You can also use the code enforcement report as evidence in court if you are defending against an eviction or suing for damages. Keep a copy of the inspection report for your records.
Filing a retaliation complaint with the Texas Attorney General
Texas Property Code Section 92.008 protects tenants from retaliation. Retaliation means the landlord evicts you, raises rent, decreases services, or threatens any of these things because you complained about a code violation, requested repairs, reported the landlord to a government agency, or joined a tenant organization.
To file a retaliation complaint, contact the Texas Attorney General's Consumer Protection Division by phone at 1-800-621-0508 or online at texasattorneygeneral.gov. You will need to describe what you complained about, when you complained, and what the landlord did in response. The Attorney General's office can investigate and take action, though they do not represent individual tenants in court.
If you are already facing eviction, you can also raise retaliation as a legal defense in the eviction case itself. File an answer with the court before the hearing date and state that the eviction is retaliatory. You will need to show that you engaged in a protected activity (like requesting repairs) within 6 months before the eviction notice was filed. If the court agrees, the eviction can be dismissed.
Filing a fair housing complaint
If the apartment complex discriminated against you based on a protected class — race, color, religion, sex, national origin, disability, or familial status — you can file with HUD or the Texas Workforce Commission. You have one year from the date of the discrimination to file.
To file with HUD, go to hud.gov/fairhousing or call 1-800-669-9777. You can file online, by mail, or by phone. Have the property address, the date of the incident, who discriminated against you (the leasing agent, manager, or owner), and what happened. HUD will investigate and can order the complex to pay damages or change its policies.
To file with the Texas Workforce Commission's Civil Rights Division, call 512-463-2642 or visit twc.texas.gov. Both agencies can investigate the same complaint, so you can file with both if you want. The process takes several months, and you do not need a lawyer, though having one can help.
What to document before you file
Before filing any complaint, gather evidence. Take photos or videos of the problem — broken fixtures, water damage, pest droppings, anything visible. Keep copies of all written communication with the landlord: emails, text messages, repair request forms, and letters. Write down dates and times of conversations, including who you spoke to and what was said.
If the problem affects your health or safety, see a doctor and keep the medical records. If you had to pay for repairs yourself or move out temporarily, keep receipts. If neighbors have the same problem, ask if they will corroborate your complaint. All of this makes your complaint stronger and gives the inspector or investigator concrete evidence to work with.
What happens after you file
For code enforcement complaints, the city or county will inspect within a set timeframe and issue a report. If a violation is found, the landlord has time to repair. You can follow up with code enforcement to ask whether repairs were made. If the landlord does not comply, code enforcement can escalate to fines or legal action.
For retaliation complaints to the Attorney General, the office will investigate and may contact the landlord. The process is not fast — it can take months. The Attorney General can take action on behalf of the state, but they do not represent you personally in court. If you need faster relief, filing a defense in an eviction case or suing the landlord directly may be better options.
For fair housing complaints, HUD or the Texas Workforce Commission will investigate. They may contact you for more information and will contact the complex. If they find discrimination, they can order the complex to pay damages, change policies, or take other corrective action. You can also file a private lawsuit in federal court if you prefer.
When to file a complaint in court instead
If you are being evicted, filing a complaint with code enforcement or the Attorney General will not stop the eviction by itself. Instead, file an answer with the court and raise the problem as a legal defense. For example, if the apartment has no hot water and the landlord is evicting you for nonpayment, you can argue that the landlord breached the implied warranty of habitability and you do not owe full rent.
You can also sue the landlord directly for damages if the problem caused you harm — for example, if mold made you sick or you had to move out. Small claims court handles cases up to $20,000 in Texas. For larger claims, you would file in district court. A lawyer can help, but is not required in small claims court.
Frequently Asked Questions
Will filing a complaint stop my eviction?
No. Filing a complaint with code enforcement or the Attorney General does not stop an eviction already in progress. However, you can file an answer with the court and raise the problem as a legal defense. If the court agrees the landlord violated the warranty of habitability or retaliated against you, the eviction can be dismissed.
Can the landlord evict me for filing a complaint?
Not legally. Texas Property Code Section 92.008 prohibits retaliation. If the landlord evicts you within 6 months of you filing a complaint or requesting repairs, the law presumes retaliation. You can raise this as a defense in court, and if the court agrees, the eviction is dismissed.
How long does a code enforcement inspection take?
Most cities inspect within 5 to 10 business days of receiving a complaint, though some take longer depending on workload. After inspection, the landlord typically has 7 to 30 days to repair, depending on how serious the violation is. You can call code enforcement to ask about the status of your complaint.
Do I need a lawyer to file a complaint?
No. You can file complaints with code enforcement, the Attorney General, and HUD without a lawyer. However, if you are defending against an eviction or suing the landlord, a lawyer can strengthen your case. Many legal aid organizations in Texas offer free or low-cost help to tenants.
What if the landlord does not fix the problem after code enforcement orders it?
Follow up with code enforcement and ask about the status. If the landlord still does not comply, code enforcement can issue fines, place a hold on the property, or refer the case for prosecution. You can also use the code enforcement report as evidence if you sue the landlord or defend against an eviction.