Being a landlord in Texas comes with various legal responsibilities and duties. Just as landlords have rights, tenants also have protections under Texas law. Understanding these rights is crucial to avoiding potential legal issues. While Texas landlords have significant control over their rental properties, strict regulations prevent unlawful actions that could harm tenants.
In this blog post, we’ll explore what a landlord cannot do in Texas and how tenants can protect their rights, with guidance from a premises liability lawyer Houston when needed.
1. Refuse to Make Necessary Repairs
Landlords are required to ensure their rental properties are habitable and in good condition. In Texas, this is not just a best practice; it’s the law. Landlords must make necessary repairs to maintain the property in a livable condition, and tenants have the right to request repairs for issues affecting their health and safety.
Landlord’s Responsibility for Repairs
Texas Property Code §92.051 requires that landlords maintain their rental units in habitable conditions. This includes making necessary repairs to ensure basic living standards, such as fixing plumbing issues, electrical problems, and broken appliances.
Tenant’s Right to Repair and Deduct
If a landlord does not make repairs promptly, Texas Property Code §92.056 allows tenants to repair the issue themselves and deduct the costs from the rent, provided the repair is necessary for safety or habitability.
Reporting Health and Safety Violations
Tenants must report safety or health hazards, and landlords have a legal duty to fix them promptly. If not, tenants may be entitled to damages or lease termination rights.
2. Evict a Tenant Without Proper Legal Process
Evictions in Texas must follow a strict legal process, and landlords cannot simply remove tenants without following the proper procedures. Under Texas law, landlords must give tenants a chance to rectify the issue and must take the matter to court before evicting.
- Texas Law on Eviction Notices: Texas Property Code §24.005 outlines the requirements for eviction notices. If a tenant is behind on rent or violating lease terms, the landlord must provide written notice (typically a 3-day notice) before initiating the formal eviction process.
- Prohibited Self-Help Evictions: Landlords cannot take matters into their own hands. Self-help evictions, such as changing locks, removing a tenant’s property, or shutting off utilities, are illegal under Texas Property Code §24.0061 and are punishable by law.
- Eviction Due to Non-Payment of Rent: When non-payment of rent is the reason for eviction, a 3-day notice must be given to the tenant before filing an eviction lawsuit. Even if the tenant does not pay rent, the landlord must follow the formal eviction process outlined in Texas Property Code §24.005.
- Tenant’s Defense Against Eviction: Tenants can challenge eviction in court, and landlords must prove that the tenant violated lease terms. Tenants have the right to dispute eviction claims before a judge.
3. Discriminate Against Tenants
Landlords cannot discriminate against tenants based on certain protected characteristics. Fair housing laws prohibit discrimination in rental housing, and Texas law mirrors these protections.
- Texas Fair Housing Laws: Under Texas Property Code §301.021, landlords are prohibited from discriminating against tenants based on race, color, national origin, religion, sex, familial status, or disability. Discriminatory practices in renting are illegal.
- Refusing to Rent Based on Protected Classes: A landlord cannot refuse to rent to a tenant or impose different rental terms based on a tenant’s protected status, such as race or gender, as per the Fair Housing Act.
- Legal Consequences for Discrimination: Landlords found guilty of discriminatory practices can face lawsuits, fines, and penalties. Texas Property Code §301.001 aligns with federal law, which provides a mechanism for tenants to file complaints with the Texas Department of Housing and Community Affairs (TDHCA).
- Protecting Tenants’ Rights: Tenants who believe they have been discriminated against can file complaints with local housing authorities or seek legal representation to pursue further action against the landlord.
4. Retaliate Against Tenants
Retaliation includes actions like increasing rent or refusing to renew the lease after a tenant has requested repairs, reported health and safety violations, or joined a tenant union.
Texas law protects tenants from retaliation if they assert their legal rights, such as requesting repairs or filing a complaint about poor living conditions. Retaliatory actions, like raising rent or evicting a tenant for filing complaints, are prohibited.
Legal Protection Against Retaliation
Under Texas Property Code §92.331, tenants are protected from retaliation after they exercise their rights. A landlord cannot increase rent, refuse to renew the lease, or begin eviction proceedings within six months after a tenant files a complaint about unsafe living conditions or other lawful actions.
Tenant’s Recourse in Case of Retaliation
If retaliation occurs, tenants can file a lawsuit against the landlord for damages, which may include seeking the return of any increased rent, legal fees, and punitive damages.
Legal Action and Remedies
Texas Property Code §92.333 allows tenants to take legal action against landlords who retaliate. If retaliation is proven, tenants can seek relief from the court, including damages or an injunction against the landlord.
5. Enter the Rental Property Without Proper Notice
Landlords have the right to enter the rental property for necessary inspections, repairs, or to show the property to prospective tenants. However, Texas law requires landlords to provide proper notice before entering the premises.
- Texas Law on Entry and Privacy: Under Texas Property Code §92.0081, landlords must provide at least 24 hours’ notice before entering the rental unit, except in emergency situations or when the tenant consents.
- Emergency Situations and Right of Entry: In emergencies, such as a fire, flood, or other situations that threaten life or property, a landlord may enter without prior notice. Emergency entry is only allowed when immediate action is required to protect the tenant or the property.
- Reasonable Hours of Entry: Landlords must enter the rental property during reasonable hours, typically during normal daytime hours, unless the lease agreement specifies otherwise. This protects the tenant’s privacy and ensures that entry is not disruptive.
- Tenant’s Right to Privacy: Tenants are entitled to quiet enjoyment and privacy in their rental space. If a landlord abuses their right to enter or enters without proper notice, the tenant may have grounds to take legal action.
6. Charge Unlawful Fees
Landlords can only charge fees that are authorized by the lease and allowed under Texas law. For example, late fees are regulated by Texas Property Code §92.019: they can be charged only if the rent is unpaid for at least two full days, the lease permits the fee, and the fee is reasonable. A late fee is generally considered reasonable if it does not exceed 12% of the rent for properties with four or fewer units, or 10% for larger properties. Landlords cannot charge tenants for repairs or services they are legally required to provide, and tenants can challenge any unlawful or excessive fees in court.
7. Fail to Return the Security Deposit
Landlords must return the tenant’s security deposit within 30 days of move-out, minus any lawful deductions for damages or unpaid rent, as required by Texas Property Code §92.103. If deductions are made, they must provide an itemized list. Failure to comply may entitle the tenant to the full deposit plus damages under Texas Property Code §92.104.
Seek Legal Help for Landlord Issues
Landlords in Texas have certain rights, but there are clear legal boundaries that protect tenants from unfair practices. Understanding what a landlord cannot do, such as refusing repairs, discriminating against tenants, entering without notice, or retaliating for complaints, is critical for tenants to safeguard their rights.
If you feel your landlord is violating your rights or if you need legal advice on landlord-tenant issues, it’s important to consult with an experienced attorney. Egbuonu Law can help you understand your rights and take legal action when necessary, whether it’s holding your landlord accountable for unlawful practices or protecting your right to a habitable living space.
