Renting a place in Texas has more legal protection for tenants than they think. The problem is that people usually find out about these protections when something has already gone wrong. This could be a landlord who will not fix an issue, a security deposit that never gets returned or an eviction notice that comes out of nowhere.
Whether you are renting a place for the time in Houston or you have been a tenant in Dallas for years it is good to know what the law says. This can save you a lot of stress and money.
Your Right to a Safe and Livable Home
This is the basic right you have as a Texas landlord-tenant law. The law is very clear that your landlord must give you a place to live that’s safe and nice. This means your landlord has to take care of problems like when the pipes are leaking really badly, the heating system stops working, there are serious electrical issues or there are rodents or insects all over the place. Your landlord has to fix these kinds of issues because the law says that the landlord must provide a place for you to live.
If something needs fixing you should put it in writing. Texas law says that tenants must notify their landlord in writing about needed repairs. You also need to be current on rent when you send that notice. Once your landlord gets the notice they usually have around seven days to fix the problem. If they ignore it you may have options.
One important thing to remember is that you should not stop paying rent without talking to an attorney. Withholding rent for a good reason can get you evicted. You should get advice before you do that.
Security Deposit Rules
Security deposits cause a lot of disputes between landlords and tenants. Texas law says that there is no limit on how much a landlord can charge for a security deposit. However, what happens to that money when you move out is regulated. Your landlord has 30 days to return your deposit or send you a list explaining what was deducted and why. They can only keep money for damage that goes beyond wear and tear.
If your landlord wrongly keeps your deposit Texas law lets you sue for three times the amount wrongly withheld, plus $100 and your attorneys fees. This is a consequence and landlords who know the law are aware of it.
Your Right to Privacy
Can your landlord just show up unannounced? In Texas it depends on what your lease says. Unlike some states Texas does not have a law that requires landlords to give a specific amount of notice before entering your unit. That requirement comes from your lease agreement.
For emergencies like a fire or a burst pipe a landlord can enter without notice.. Routine entry without advance notice and without a lease provision allowing it is a problem. You should read your lease. Know what it says about entry. If it is silent on the issue that is worth clarifying before something comes up.
Protection Against Illegal Evictions
Texas law is clear on this: landlords cannot take shortcuts when they want you out. Changing your locks, removing your belongings or shutting off your utilities to force you to leave is illegal. The legal eviction process has to go through steps.
Step 1 is a written notice to vacate. The landlord gives you a written notice telling you to leave. Step 2 is filing in court. If you do not leave the landlord has to file an eviction lawsuit in the Justice of the Peace court. Step 3 is a court hearing. Both sides get to present their case to a judge. Step 4 is a writ of possession. If the landlord wins the court issues an order that allows a constable to carry out the removal.
The process exists to protect you. If a landlord tries to skip any part of it that is illegal. You have recourse. Retaliation is also illegal. If you reported a health hazard you should complain to the housing authority.When you join a tenants union your landlord cannot raise your rent, threaten eviction or terminate your lease within six months of your complaint.
Breaking a Lease or Moving Out
Leaving before your lease ends can be expensive. If you break a lease early without a reason your landlord can sue you for the remaining rent owed under the contract. There are situations where Texas law allows termination without penalty like active military deployment and certain domestic violence situations.
If your lease simply runs out and you have not signed any one you automatically become a month-to-month tenant. Either you or your landlord can end that arrangement with 30 days written notice.
When You Need a Lawyer
Some situations are manageable on your own. Others are not. Dealing with these problems on your own can make things more difficult. If you are dealing with an eviction, a landlord who will not make repairs or a security deposit that was not returned to you, the situation is serious. Making a mistake can affect your credit, your rental history and the place where you live.
Radow Law Group, P.C. Works with people who are having problems with their landlords in Texas. The lawyers at Radow Law Group, P.C. Have handled all sorts of cases including evictions that are being contested and negotiations about leases. If you are having a problem with a landlord and you do not know what you can do it is an idea to talk to Radow Law Group, P.C. First, understanding your rights as a tenant is very important. Having someone in your corner who can enforce them is what makes the real difference.