Rights
Renters Rights Highlights
Landlord Rights Highlights
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Repairs:
It is your landlord’s duty to repair or remedy most conditions in your unit/home that affect your health and safety unless you cause the damage through abnormal use, and so long as you follow the proper procedure to request such repairs. Texas law does NOT require a landlord to repair or remedy a condition that does not affect your health or safety, such as a defective dishwasher. Therefore, you should read the lease to see if the landlord promises to repair such problems. If he or she does not, you should ask him or her to change the lease to include repairing these problems. See “Repairs and Improvements.”
Texas law requires landlords to make a diligent effort to repair problems about which they have been notified and that materially affect the physical health or safety of an ordinary tenant. Examples of items that materially affect the health and safety of an ordinary tenant are sewage backups, roaches, rats, no hot water, faulty wiring, roof leaks, and, sometimes, a lack of heat or air conditioning. If the problem violates a provision of your city’s building, health, or fire code, then it is more likely to be considered a health or safety risk. State law generally does not cover problems such as broken dishwashers, walls that need painting, unsatisfactory draperies, or grass that needs cutting.
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Occupancy:
A landlord generally cannot limit visitors as long as they do not disturb other residents or violate provisions of the lease. You should use common sense concerning your visitors. For example, even if you are following your lease, you might want to avoid having the same visitor spend the night too many times in a row without the landlord’s permission to avoid any accusations of having an unauthorized occupant.
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Changing terms in the middle or end of a lease:
During the lease, one party cannot change any terms of the lease agreement without the other party’s consent. If an agreement is reached, it should be made in writing, dated, and signed by both parties.
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Renters Insurance from the Texas Department of Insurance:
Your landlord may have an insurance policy for the property you rent, but the policy will probably not cover your belongings. You may want to consider buying renters insurance to replace or repair your belongings if they are stolen, damaged, or destroyed. Landlords may require you to carry renters insurance as a term of the lease, and in some cases, may require you to purchase insurance for the property itself that does not cover your belongings.
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Smoke detectors:
Smoke detectors are required by state law and may also be mandated by local ordinances. For information on whether your community has adopted such ordinances, consult your local building, fire, or housing codes.
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Landlord must refund or explain within 30 days:
Your security deposit must be refunded to you within 30 days after you move out of the apartment or house, if you provided a written forwarding address to your landlord. You can provide your forwarding address at any time; however, the landlord’s duty to refund does not exist until you do so. If your landlord has cause to retain all or a portion of your security deposit, the landlord must provide you with a refund of the balance of the security deposit, if any, together with a written description and itemized list of all deductions within 30 days of your move out (or within 30 days of you providing your forwarding address in writing).
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Collect Rent:
Landlords are entitled to receive timely rent payments as outlined in the lease agreement.
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Require Security Deposit:
Landlords can require a security deposit to cover potential damages or unpaid rent, but must return the deposit (less any lawful deductions) within 30 days of the tenant vacating the property, along with a detailed itemization of any deductions. -
Establish Lease Terms:
Landlords have flexibility in defining lease terms, including rules for pet ownership, subleasing, and other conditions. -
Evict Tenants:
Landlords can pursue eviction proceedings if tenants violate the lease agreement, such as non-payment of rent or violating the terms of the lease. -
Access Property for Repairs:
Landlords have the right to enter the property for emergencies without notice, and while Texas law doesn't require notice for non-emergency access, the lease agreement should dictate these details. -
Charge Late Fees:
Landlords can charge reasonable late fees for rent that remains unpaid more than two full days after it was due, provided the lease agreement includes notice of this fee.
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Withholding Rent Is Almost Always a Bad Idea:
Your landlord can be awarded actual damages plus other statutory penalties (and can probably terminate your right to possession and evict you) if you withhold any portion of your rent without an agreement, unless: (1) you first obtain a court order permitting you to do so; (2) you have properly repaired and deducted as described above; or (3) you have lawfully terminated your lease because of the landlord’s unlawful behavior with regard to repairs and you are using your deposit as rent, as described above. If you improperly try to use your deposit as rent, you may be liable for three times the amount you withheld, in addition to the landlord’s attorney’s fees.
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Lock-Outs:
A landlord may prevent you from entering your leased premises only when your rent is not completely paid (and the landlord follows very strict rules and promptly allows you back in the premises), in an emergency situation, to conduct a bona fide repair, or when you have abandoned the premises. The landlord may not change the locks based on your failure to pay rent unless the lease says that he or she can do so and she or he has first mailed or delivered a three-day notice that states the earliest date of the proposed lock-out, the amount of rent owed, a location where it can be paid, and your right to receive a key to the new lock at any hour, regardless of whether you pay the delinquent rent.
TENANT DUTIES AND CONSEQUENCES
A tenant’s main duties are to pay rent on time and to follow the lease and house rules of the landlord by not disturbing others, violating the law on the property, or damaging the property. If the landlord feels you have violated one of these conditions, she or he may take some of the actions outlined in this section. Sometimes these actions are legal and sometimes they are illegal according to state law (regardless of what has been put in the lease agreement).