In Texas, the landlord-tenant dynamic is established once a renter pays rent in exchange to occupy a rental property. Once established, Texas laws grant certain rights and responsibilities to both parties under the leaseagreement. It’s also important to note that these rights and responsibilities exist regardless of the rental agreement saying otherwise under Texas law. The following is a basic overview of the Texas landlord-tenant law.
Required Disclosures Texas Landlords Must Make
Landlords must make the following disclosures known to their tenants:
- The concentration of lead-based paint. This is a federally required disclosure and only applies to rental homes built before 1978.
- Names and addresses of the party authorized to manage the property.
- The right of tenants to repair damage on their own and then deduct the costs from future rent payments.
- If you rent out a multi-unit complex, then as property owners you must let your renter know of any applicable parking rules and restrictions.
- If you charge late rent fees, you must disclose that information on the agreement.
- Provide your tenant with a 24-hour emergency phone number that they can use to report emergencies.
Tenants’ Rights & Responsibilities in the State of Texas
Here are some tenant rights under Texas landlord-tenant laws:
- Have repairs made within a reasonable period of time. Specifically, you must make them within 7 days otherwise your occupants has a right to, among other things, repair and deduct.
- Be taken through the judicial eviction process when being removed from the unit. Tenants in Texas can only be evicted through a court order.
- Stay in a property that meets the minimum requirements under the warranty of habitability.
- Enjoy the property in quiet and peace as stated in the Implied Covenant of Quiet Enjoyment.
- Stay on the property without being discriminated against based on their race, color, disability, gender, religion, and nationality.
- Have their security deposits returned no later than 30 days after moving out.
- Legally break the lease early for justified reasons. Such as landlord harassment, having an uninhabitable unit, and starting an active military unit.
The following is a list of tenant responsibilities in Texas:
- Keep the unit in a respectable standard of cleanliness and sanitation.
- Keep the unit in a condition that is safe and habitable.
- Take care of small repairs and maintenance tasks.
- Inform the landlord of any maintenance issues as soon as they occur.
- Not to disturb other neighbors or tenants.
- Notify the landlord when looking to move out of their rented unit.
- Make timely rent payments.
Landlords’ Rights & Responsibilities in Texas
Landlords have the following rights under Texas landlord-tenant laws. The right to:
- Enter the rented unit at reasonable times to perform a requested or needed repair or maintenance duty.
- Choose tenants based on discrimination-free qualifying criteria.
- Charge whatever you want for rental prices, and raise them for whatever reason. You’re also not obligated to notify your tenant beforehand.
- Evict a tenant for violating the terms of the lease agreement.
- Lockout a tenant in a limited number of circumstances. However, the lease must have a clause that allows it.
- Require tenants to pay some sort of security deposits before moving in.
The following are some of the responsibilities that landlords have under Texas state law:
- Maintain a habitable unit and respond no later than 7 days after being notified of a needed repair.
- Follow the state’s eviction process when evicting a tenant for a lease violation.
- Abide by the terms of the lease agreement.
- Abide by the state’s security deposits law.
- Treat all tenants equally and fairly without discriminating against them based on race, color, religion, nationality, or any other protected class.
- Give tenants an advance written notice before entering their rented premises.
- Provide tenants with certain mandatory disclosures.
Overview of the Texas Landlord-Tenant Law
Landlord Entry
As a landlord, you have the responsibility of providing your tenant with advance notice before entering their rented premises. Unlike some other states, though, the law doesn’t specify how much notice should be given. As such, both you and your tenant have an opportunity to set your entry terms in the lease agreement.
Housing Discrimination
The Fair Housing Act prohibits all forms of housing discrimination against tenants based on the following classes:
- Race
- Color
- Religion
- Nationality
- Gender
- Familial status
- Disability
These rules don’t apply to all housing types, though. Owner-occupied homes and religious-operated homes, for instance, are exempt. The Texas Department of Housing and Community Affairs is responsible for handling housing discrimination issues.
Early Lease Termination
Certain conditions may allow a tenant in Texas to break their lease early without penalty. The conditions under the state's landlord-tenant law are as follows:
- Uninhabitable unit
- Active military duty
- Early termination clause
- Landlord harassment
- Domestic violence, stalking, sexual assault
Texas tenants who break their lease for any other reasons may be liable for paying the remainder of the rent due under the lease. But note that you’ll have a duty to mitigate damages. This simply means that you’ll need to make reasonable efforts to re-rent the unit after a tenant leaves.
Security Deposit
Rental owners who require a security deposit in Texas must abide by the state’s security deposit rules. The following are some of the security deposit rules:
- To return a tenant’s security deposit (or whatever remains) within 30 days.
- Only make allowable deductions to a tenant’s security deposit in Texas.
Tenant Evictions
It’s illegal for a landlord to evict a tenant in Texas for retaliatory, discriminatory, or self-help reasons. You can only evict a tenant if you have a ‘just cause’. Examples of ‘just causes’ include:
- Late or no rent payment
- Violation of the lease agreement
- End of lease/No lease
- Foreclose of the property
Bottom Line
As a landlord, it’s important to stay informed of and up-to-date on landlord-tenant and Texas law. Doing so will help you run your rental business more smoothly.
For expert help in Texas landlord-tenant laws or any other aspect of property management in Denton County, turn to the experts at Legacy Realty & Management. We’ll help keep you stress-free and allow you to maximize your ROI. Get in touch to learn more!
Disclaimer: This content isn’t a substitute for professional legal advice from a qualified attorney. Laws change and the information herein may not be updated at the time you read it.
