Texas Landlord Tenant Rights

Texas Landlord Tenant Rights

Last Updated: January 11, 2022 by Elizabeth Souza

In Texas, an oral or written rental agreement is considered as valid when a landlord accepts regular payments for inhabiting a property. According to Texas law (TX Property Code Chapter 92), a rental agreement allows certain rights to the tenant, such as the right to a habitable dwelling and the right to take at least one form of alternative action.

Landlords also have certain rights, such as the right to collect rent on a regular basis and deduct for costs from damages that are beyond normal wear and tear.

Note: These rights exist regardless of a rental agreement stating otherwise.

Questions? To chat with a Texas landlord tenant attorney, click here

Landlord Responsibilities in Texas

In Texas, landlords are required to maintain a habitable unit and must respond to repair requests within seven days or three days if it involves the lack of drinking water, air conditioning or heat. If they do not, Texas tenants have the right to make the necessary repairs themselves and deduct the cost from future rental payments.

Texas is one of the few states where the laws do not enumerate specific amenities that the landlord must provide. Instead, Texas works on a very open-ended warranty of habitability which only requires landlords to make repairs to existing amenities that “materially affect the health or safety of an ordinary tenant.” The only exception to this is hot water and smoke detectors, which must be readily available at all times.

It is illegal for landlords to evict tenants in retaliation for exercising their housing rights (i.e., filing a health and safety complaint.)

Here is a list of essential amenities that Alaska landlords are and are not responsible for.

Item Landlord Responsibility?
Dwelling structures Not addressed
Plumbing/sanitation Not addressed
Water Hot water only
Working appliances Not addressed
Heating Not addressed
Electrical outlets and wiring Not addressed
Adequate ventilation Not addressed
Smoke Alarms Yes
Pest control Not addressed
Mold Not addressed

Read more

Tenant Responsibilities in Texas

Apart from paying rent in a timely manner, Texas tenants must:

  • Keep the unit in a safe and habitable condition.
  • Properly use fixtures and keep them in a clean and sanitary condition.
  • Make small repairs and maintenance.
  • Immediately inform landlord of any defects or maintenance issues.
  • Not disturb other tenants or neighbors.

Evictions in Texas

Texas landlords are empowered to evict tenants for the following reasons:

  1. Nonpayment of Rent – If a tenant fails to pay rent, then the landlord may issue a 3-Day Notice to Quit, after any applicable grace period. If the terms of the notice are not met, then the landlord may initiate formal eviction proceedings.
  2. Lease Violation – If a lease violation occurs then the landlord may immediately send a 3-Day Notice to Quit. If the tenant does not leave the property, then the landlord may file for eviction.
  3. No Lease End of Lease – If a tenant stays in the rental unit after the lease term has expired, the landlord may issue a notice to quit. The amount of time required in the notice depends on the type of tenancy.
    • Written or Verbal Lease  3-Day Notice to Quit.
    • Less Than Month-to-Month– If rent is paid on less than a month-to-month basis, a landlord must provide the tenant with the same amount of notice as one rental period; for example, week-to-week tenants would receive at least seven days’ notice.
    • Month-to-Month 30-Day Notice to Quit.
    • More Than Once a Month – If rent is paid more frequently than once a month, the tenancy shall end on the later of the day given in the notice or the day following the number of days equal to how often the tenant pays rent. For example, if a tenant pays the landlord every 20 days, the notice shall be a 20 Days’ Notice.
  4. Foreclosure – If the rental property is being foreclosed upon and the lease will not be renewed by the new owner, landlords may issue a 30-Day Notice to Quit prior to beginning an eviction action.

It is illegal for landlords to evict tenants in retaliation or for discriminatory reasons.

Read more

Security Deposits in Texas

  • Standard Limit/Maximum Amount – None.
  • Time Limit for Returns – 30 Days.
  • Penalty if Not Returned on Time – If a Texas landlord wrongfully withholds rent then they may be liable to pay up to 3 times the value of the deposit plus a $100 fine per instance, along with relevant attorney fees.
  • Allowable Deductions – Cost of repairs, unpaid rent.

Read more

Lease Termination in Texas

Notice requirements. If a Texas tenant wishes to terminate a periodic lease, then they must give the following amounts of notice:

Rent Payment Frequency Notice Needed
Week-to-Week No statute
Month-to-Month 30 Days (can be modified)
Quarter-to-Quarter No statute
Year-to-Year No statute
Questions? To chat with a Texas landlord tenant attorney, click here

Early termination. Texas tenants may legally break a lease early for the following reasons:

  1. Early termination clause.
  2. Active military duty.
  3. Uninhabitable unit.
  4. Landlord harassment.
  5. Domestic violence, sexual assault, stalking.

Texas tenants who break a lease may be liable to pay the remainder of the original lease agreement. Most landlords will allow tenants to sublease an apartment to take over this obligation.

Read more

Rent Increases & Related Fees in Texas

  • Rent control. Current state law prohibits any kind of policy that would amount to rent control on both a state and local level. As such, landlords in Texas can charge whatever they want for rental prices.
  • Rental increases. Texas landlords are not required to give prior notice before raising the rent and are not limited in how much they raise rental prices.
  • Rent-related fees. The state neither limits late fees nor returned check fees so landlords can charge what they wish.

Read more

Housing Discrimination in Texas

Protected groups. The Fair Housing Act prohibits discrimination against tenants on the basis of race, color, national origin, religion, familial status, sex, or disability. These rules do not apply to owner-occupied homes or homes operated by religious organizations. Texas state law does not extend protections to any extra groups not outlined in the Fair Housing Act.

Discriminatory acts & penalties. The Texas Department of Housing and Community Affairs handles issues relating to housing discrimination. They have highlighted the following behaviors as potentially discriminatory when directed at a member of a protected group:

  • Misrepresenting unit availability
  • Requiring different leasing conditions
  • Advertising that indicates a discriminatory preference
  • Harassment, verbal intimidation, sexual advances
  • Refusing to make reasonable accommodations
  • “Steering” tenants towards neighborhoods and complexes that may be seen as segregated

Tenants who believe they have been the victim of housing discrimination may file a complaint here. Specific penalties vary on a case-by-case basis.

Additional Landlord Tenant Regulations in Texas

Landlord Right to Entry in Texas

Landlords in Texas are required to give notice before entering a property, but the law does not state how much. Landlords and tenants can set their own entry notification terms in a lease agreement. Landlords are not required to get permission to enter in case of emergencies.

Small Claims Court in Texas

Texas small claims court will hear rent-related cases valued up to $10,000. Residential lease contracts have a 4-year statute of limitations.

Read more

Mandatory Disclosures in Texas

Texas landlords must make these mandatory disclosures:

  1. Lead-Based Paint – If a landlord owns a home built before 1978, they must provide information about concentrations of lead paint.
  2. Authorized Agents – Texas landlords must provide the names and addresses of all parties involved in managing the unit.
  3. Right to Repair and Deduct – Landlords in Texas must provide documents that express, in clear language, their right to repair and deduct if repair requests are not met.
  4. Parking Rules – Disclosure is applicable to multi-unit complexes with parking rules & restrictions.
  5. Late Fees – If there are any late fees that might be charged, it must be disclosed in the rental agreement.
  6. Emergency Phone Number – Texas requires property management companies and landlords to provide a 24-hour emergency phone number that can be used to report emergencies within the building.

Read more

Changing the Locks in Texas

Texas law has certain provisions that allow for lockouts in a limited number of circumstances. However, landlords may only change tenant’s locks once in a given rental period.

Local Laws in Texas

Dallas Landlord Tenant Rights

The city of Dallas provides extra protections for tenants. Landlords are not allowed to increase rent or diminish services as a response to a formal complaint. More info can be found here.

Austin Landlord Tenant Rights

Tenants in Austin are entitled to take part in a variety of programs relating to fair housing and landlord-tenant mediation. These programs are provided by the Austin Tenants Council which can be contacted here.

San Antonio Landlord Tenant Rights

San Antonio maintains several housing programs designed to help in-need tenants who need financial support. More about these services can be found here.

Houston Landlord Tenant Rights

The city of Houston has the “Security Device Law of 1993” that requires security devices be installed in rental units that meet certain city standards. This covers lock systems, bolted doors, and window locks. Basically, their requirements make more specific housing standards. More info can be found here.

Fort Worth Landlord Tenant Rights

The city of Fort Worth requires landlords to provide notice if the failure to pay utility bills will result in their cessation. The landlords must wait 7 days then provide a 5-Day Notice to pay. If the terms of this notice are not met, the landlord may shut off the utility.

Check your local county and municipality for additional land-lord tenant regulations.

Questions? To chat with a Texas landlord tenant attorney, click here