Key Takeaways
- Texas rental laws establish rights and responsibilities for both landlords and tenants once a lease is signed.
- Landlords must follow legal rules for disclosures, property entry, repairs, and evictions.
- Tenants are protected by habitability and fair housing laws and must comply with lease terms and rent obligations.
Owners and residents each have certain rights and responsibilities when renting a property. This can include outlines on the security deposit, property owner entry, and other matters affecting rental homes. These rights and obligations are outlined in the Texas Landlord-Tenant Act, with relevant provisions found throughout the current statutes and applicable chapter sections of state law.
These tenant rights and duties become active the moment you and your tenants sign the lease agreement.
The following is a basic guide to Texas landlord-tenant laws. Use it to learn the fundamentals, better handle your situation as an owner or resident, and know when to take appropriate action regarding Texas tenant rights and responsibilities.
Required Landlord Disclosures in Texas
Owners must provide people who live in their units with specific information before they sign. They are as follows under the landlord-tenant law:
- Disclosure on the use of lead-based paint. Under federal law, owners must warn their renters about the use of lead-based paint and its potential health hazards. This is required if the unit you are renting out was built before 1978.
- Disclosure of your tenant selection criteria. Before screening a tenant, owners must disclose certain information regarding the tenant selection process. Specifically, you must provide them your tenant qualifying criteria and the reasons their application may be rejected. Acceptable reasons for denying an application include a relevant criminal past and a low credit rating.
- Disclosure of certain information. You must provide the tenant with additional information, such as security deposit refunds, electric service interruption, right to repairs, late fees, and parking and towing rules.
- Disclosure on utilities. If you agree to provide and pay for gas, water, or electric services, you’ll become liable for any inconveniences that may occur. For instance, if the utility company cuts off the gas supply to your Austin, TX tenant because of an unpaid bill.
- Disclosure on the amount required for security deposits.
Landlords Rights & Responsibilities in Texas
The following are some of the rights Texas property owners have under current landlord-tenant law. Knowing these basics can help owners learn how to effectively manage rental homes while remaining compliant with regulations. Property owners have the right to:
- Enter rented premises to perform important obligations, such as inspecting the unit or performing repairs.
- Evict a tenant for not abiding by the terms of the lease agreement. For example, failing to pay rent when it is due. An owner may impose fees if the rent remains unpaid.
- Increase the rent amount while abiding by rental and leasing laws.
- Be served with appropriate written notice when tenants are looking to leave the premises.
- Collect rent in a timely manner.
As for owner responsibilities, you are expected to:
- Provide a unit that is livable under the Texas Warranty of Habitability.
- Ensure the renter lives in peace, free from unreasonable disturbances or annoyances.
- Follow the eviction process in accordance with state law when seeking to remove residents from a rental property.
- Abide by all terms of the rental agreement.
- Make requested and necessary repairs promptly.
- Adhere to the requirements of the Fair Housing Act.
Owners can also benefit from reviewing legal resources to stay informed about changes in rental regulations. In some disputes, owners and tenants may need to resolve matters through the court system.
Renters Rights & Responsibilities in Texas
Renters in Texas have the following rights:
- Remain in their rented residence until the owner has followed the proper eviction procedures.
- Live in a property that abides by the property code.
- Enjoy the property in quiet and peace, devoid of unnecessary annoyances.
- Be served a notice when their owner is looking to make changes to the terms of the written agreement.
- Have repairs made within a reasonable period.
- Pay the required security deposit and fees when necessary.
Your residents also have certain responsibilities to uphold, including:
- Abiding by all terms of the leasing agreement. For example, not to illegally sublet the unit or exceed the rental limit.
- Taking care of the unit.
- Letting the owner know when they are going to be away.
- The renter will pay on time.
- Informing the owner when maintenance issues occur.
- Keeping noise levels down.
- Serving proper notice to the owner when looking to move out of the unit.
Overview of the Landlord-Tenant Laws in Texas
Early Lease Termination
Unforeseen life events may occur, resulting in your Austin, TX resident needing to move out of their rented premises before the end of their leasing period. Generally, residents who break their agreement are liable for paying the remainder of the rent due under the contract.
That being said, if their reason for breaking the contract is legally justified, then all they may need to provide you, the owner, with is proper written notice and proof.
The following are legally justifiable reasons for breaking a rental agreement early:
- Domestic violence, assault, and/ or stalking.
- Owner harassment.
- Uninhabitable unit.
- Active military duty.
- Early termination clause.
The following reasons, however, don’t offer legal justification for breaking the agreement:
- Moving to get closer to the new place of work.
- Moving out to downsize or upsize.
- Divorce or separation.
Landlord Entry
You must provide your resident with proper notice before entering their rented units. That said, the specific notice period isn’t specified under the statewide laws. Ideally, landlords should provide their resident with at least 24 hours' notice before entering the unit. If the landlord fails to do this, it can become a legal dispute.
Owners must also select a time that is reasonable for the entry to occur. That is, between 8 A.M. and 6 P.M. during weekdays.
Some of the common reasons for landlord entry include:
- Removing unauthorized window coverings.
- Preventing waste of utilities.
- Changing filters, testing, or replacing smoke detector batteries.
- Making repairs or replacements.
- Responding to a renter's request.
Housing Discrimination in Texas
The Federal Fair Housing Act prohibits discrimination against residents based on their protected classes. The classes include race, color, religion, disability, sex, familial status, and national origin.
Actions that can be considered discriminatory include:
- Offering different leasing conditions to different residents.
- Lying about the availability of a rental space.
- Posting rental ads that directly exclude certain groups.
- Lying about the price.
Texas Laws on Eviction
Landlords can evict their resident for violating the terms of the rental agreement. Common violations include:
- Failure to pay rent.
- Excessive damage to the rental property.
- Disturbing neighbors.
- Not moving after the term has ended.
When evicting a tenant , property owners must follow the state's legal eviction process and ensure they meet all notice and filing requirements. The eviction must not be based on discriminatory or retaliatory reasons. Depending on the situation, both landlords and residents may wish to seek assistance from an attorney or review available legal resources to better understand their rights and protections.
If a dispute arises, either party may need to appear in court to resolve the matter. Residents who believe an eviction is unlawful may be able to report violations to the appropriate authorities or seek legal guidance.
Additionally, landlords must not use “self-help” tactics, such as locking a resident out of the property or removing their personal belongings. These actions are illegal eviction practices and may result in legal consequences.
Bottom Line
You must understand all aspects of rental law, including security deposit law, squatter's rights, and leasing, to protect you and your resident.
If you would like assistance managing your properties, such as collecting rent payments or conducting tenant screening, contact the experts at Rollingwood Management Inc. today!
Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.