Isabella Carter
Texas landlord-tenant laws outline the rights and responsibilities of both parties in a rental agreement, also known as a lease agreement. These laws cover various aspects, including security deposits, late rent, evictions, repairs, and utility services. While Texas law regulates the tenant screening process, it does not limit application fees or security deposit amounts. It also allows landlords to collect late fees if rent remains unpaid for more than two days. Tenants have the right to quiet enjoyment, which means landlords cannot evict them without cause or disturb their peace. Lease agreements are required for tenancies exceeding 12 months, but they are recommended for all rentals to provide legal clarity. This document outlines the terms, conditions, and rules governing the landlord-tenant relationship, with local ordinances and federal regulations also influencing this dynamic.
| Characteristics | Values |
|---|---|
| Lease agreement | A written or oral agreement between a landlord and tenant that establishes or modifies the terms, conditions, rules, or other provisions regarding the use and occupancy of a dwelling. |
| Landlord | The owner, lessor, or sublessor of a dwelling, but does not include a manager or agent of the landlord unless they purport to be the owner, lessor, or sublessor in an oral or written lease. |
| Tenant | One or more persons renting a dwelling for use as a permanent residence under a single lease. |
| Security deposits | Texas does not set a cap on how much landlords can charge for a security deposit, but it does regulate how they can be used and when they must be returned. |
| Late fees | Landlords can collect "reasonable" late fees if rent remains unpaid for more than two full days, provided that notice is included in the written lease. |
| Repairs | Landlords are responsible for repairs affecting a tenant's physical health or safety, up to a cost of $10,000. Tenants can go to court without an attorney to obtain a repair order. |
| Utilities | Landlords may not interrupt utilities to a tenant unless it is due to repairs, construction, or an emergency. |
| Quiet enjoyment | Tenants have the right to "quiet enjoyment," meaning landlords cannot evict them without cause or disturb their right to peace and quiet. |
| Rent control | Texas law only allows cities to establish local rent control ordinances in certain cases, such as when a housing emergency exists with the approval of the governor. |
| Non-retaliation | Landlords may not retaliate against tenants for exercising their legal rights, such as requesting repairs or complaining to a governmental agency about housing code violations. |
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![Landlords' Duties and Tenants' Rights in Texas: [2022 edition]](https://m.media-amazon.com/images/I/613Fqmd-qML._AC_UY218_.jpg)
What You'll Learn
Lease agreements and amendments
In Texas, a lease is defined as any "written or oral agreement between a landlord and a tenant that establishes or modifies the terms, conditions, rules, or other provisions regarding the use and occupancy of a dwelling". A lease agreement exceeding one year must be in writing, and a copy must be provided to the tenant within three business days of signing.
Lease agreements can be changed or modified through lease amendments. Lease amendments are written agreements that allow landlords and tenants to adjust specific terms of an existing lease without replacing the entire contract. Amendments are useful when extending or shortening the lease duration, changing the rent amount, adding or removing tenants, allowing or restricting pets, updating maintenance responsibilities, or modifying property usage rules.
To make an amendment, the landlord and tenant must first discuss the changes and negotiate acceptable terms. The amendment must then clearly outline which lease clauses are being changed, specify the new terms, and provide the date on which the new terms will take effect. It must also state that all other terms in the original lease remain unchanged. Both parties must sign the amendment for it to be legally enforceable, and it is recommended that a copy of the signed amendment be kept with the original lease for reference.
Lease amendments provide a legal and transparent way to modify lease agreements, ensuring that any changes are documented and agreed upon by both parties. They offer flexibility and legal protection for both landlords and tenants, saving time and costs compared to drafting a new lease.
It is important to note that Texas law explicitly prevents leases from restricting a tenant's rights, such as the right to smoke detectors, security devices, disclosure of ownership, repair of dangerous or unhealthy conditions, and more. Any changes to a lease must comply with state laws and cannot waive a tenant's rights guaranteed under the law.
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Security deposits and fees
Texas law does not require landlords to store security deposits in a particular way, nor does it impose a limit on the amount landlords can charge as a security deposit. However, landlords must keep accurate records of security deposits and are presumed to be acting in bad faith if they do not provide a timely and proper accounting of these funds. In such cases, tenants can recover treble damages and attorney's fees.
Landlords in Texas have 30 days to return a tenant's security deposit from the date the tenant surrenders the property. An exception to this rule is if the landlord does not have the tenant's forwarding address; in this case, the landlord has no obligation to return the security deposit until the tenant provides their new address. If deductions are made from the security deposit, the landlord must provide an itemized list of these deductions, unless there is no contention over the amount of rent owed.
Texas law allows landlords to require an additional pet deposit, except in the case of disabled tenants using a service animal. If the service animal causes property damage, the tenant is still liable to pay. Security deposits in Texas can be used to cover charges outlined in the lease, damages incurred due to lease breaches, and unpaid utility bills. Landlords can also deduct from the security deposit if a tenant breaks the lease, fails to pay rent, does not give advance notice before leaving, or causes extreme property damage.
As of September 2021, Texas law allows landlords to offer tenants the option of paying a monthly fee instead of a security deposit. If this option is provided and selected by the tenant, there must be written notice of the respective amounts of the security deposit and the monthly fee, as well as the tenant's right to choose between the two options at any time. The law also allows landlords to purchase insurance to protect the rental using the monthly fee, provided that the fee does not exceed a reasonable cost.
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Repairs and maintenance
In Texas, landlords are required by law to make a diligent effort to repair problems that "materially affect the physical health or safety of an ordinary tenant". This includes issues such as sewage backups, roaches, rats, no hot water, faulty wiring, roof leaks, and sometimes a lack of heat or air conditioning. Landlords are also required to provide smoke detectors and ensure that dwellings are equipped with security devices such as window latches and keyed deadbolts.
If a tenant identifies an issue that requires repair, they must notify their landlord and allow a reasonable amount of time, typically at least seven days, for the repair to be carried out. If the issue is urgent, such as a roof leak or sewage overflow, a quicker response may be necessary. Tenants can request repairs in writing using a repair request form or letter. If the landlord fails to make the repair within a reasonable time frame, the tenant can send a second written request asking for an explanation.
If the landlord continues to ignore the tenant's requests for repair, the tenant has several options. They can terminate the lease if they have given proper notice and do not owe any rent. Alternatively, they can sue their landlord in a justice court, where they may not need a lawyer, and seek damages, including the cost of repairs, reduced rent, and attorney's fees if applicable. The court can order the landlord to make the necessary repairs. It is important to note that tenants should not attempt to make the repairs themselves, as they may not be reimbursed and could make the issue worse.
In some cases, tenants may be able to repair the issue and deduct the cost from their rent payment, but this is only allowed under specific circumstances and with proper notification to the landlord. Withholding rent or proposing a repair that isn't covered under the relevant laws may result in legal consequences for the tenant.
It is illegal for a landlord to retaliate against a tenant for requesting repairs or complaining about necessary repairs for a period of six months from the date of the complaint. If a landlord fails to make repairs, tenants can seek remedies through the Texas Justice Court Training Center, which provides information and forms for lawsuits related to a landlord's duty to repair.
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Landlord retaliation
Retaliation can include wrongful termination of a lease, filing for eviction, depriving tenants of the use of the premises, decreasing services, or increasing rent. If a landlord is found to have engaged in retaliation, they may face legal consequences, including civil penalties of up to one month's rent plus $500, actual damages, reasonable moving costs, and attorney's fees.
If you believe your landlord is retaliating against you, the first step is to try communicating directly with them and sending a letter requesting that they cease the retaliatory behaviour. If this does not resolve the issue, you may consider seeking legal assistance and potentially filing a lawsuit in Justice Court.
It is important to note that tenants must act in good faith when exercising their rights. Filing a false lawsuit or making up violations can result in legal repercussions for the tenant. Additionally, landlords can still evict tenants for legitimate reasons, such as breaking the lease or failing to pay rent.
To summarise, landlord retaliation is unlawful in Texas, and tenants have legal recourse if they believe their rights have been violated. It is essential to understand your rights and responsibilities as a tenant and to act honestly and in good faith when dealing with landlords.
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Tenant eviction
In Texas, a landlord cannot remove a tenant from their property without filing an eviction lawsuit, also known as a "forcible entry and detainer". Eviction proceedings do not mean that a tenant will be immediately removed from their home, and there are several steps in the eviction process.
Firstly, the landlord must notify the tenant about the need to fix a certain problem or move out. This "notice to vacate" is required by Texas law before a tenant can be forced to leave. The notice must be given in writing and in person to the tenant or someone in the household who is 16 or older. It can also be affixed to the inside of the main entry door or sent by mail. The time given to move out before the landlord files an eviction suit starts running once the notice is delivered.
Once the time stated in the notice to vacate has passed, a landlord can file an eviction suit. The eviction hearing cannot take place for at least 10 days after the petition is filed. After the hearing, once a judgment has been issued, no further action can take place for 5 days, giving both parties the opportunity to appeal. If the tenant files an appeal, the hearing cannot take place for at least 8 days.
Finally, once there is a final judgment, the landlord can ask the judge for a writ of possession. The constable must post a 24-hour notice before removing the tenant's property from the rental.
Tenants can be evicted for violations of terms listed in their lease, such as not paying rent on time, damaging the property, or disturbing other tenants. However, tenants have the right to "quiet enjoyment", meaning that a landlord cannot evict them without cause or disturb their right to live in peace and quiet.
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Frequently asked questions
A landlord-tenant relationship is established when a landlord and a tenant enter into a lease agreement, which outlines the terms, conditions, rules, and provisions regarding the use and occupancy of a dwelling.
In the context of landlord-tenant law in Texas, a "dwelling" refers to one or more rooms rented for use as a permanent residence under a single lease.
Tenants in Texas have the right to "quiet enjoyment," which means landlords cannot evict them without cause or disturb their right to peace and quiet. Tenants also have the right to live in a safe and healthy environment, with the landlord responsible for maintaining minimum health and safety standards.
Tenants in Texas are responsible for paying rent on time, keeping the property in good condition, repairing any damages that are not considered normal wear and tear, and promoting a healthy environment for other tenants and neighbours.
No, it is illegal for a landlord to retaliate against a tenant for requesting repairs or complaining about necessary repairs for a period of six months from the date of the complaint.
![Landlords' Duties and Tenants' Rights: in Texas [Second Edition]](https://m.media-amazon.com/images/I/71dNNcNXjwL._AC_UY218_.jpg)
