Texas may be landlord-friendly, but that doesn’t mean landlords can act without limits. The Texas Property Code protects tenants from harassment, unsafe living conditions, illegal entry, and unfair treatment. Knowing your rights is essential for renters and landlords alike.
Landlords cannot ignore essential repairs, harass tenants, enter units without notice, evict without following the law, discriminate, rent unsafe properties, raise rent without proper notice, withhold security deposits unfairly, enforce illegal lease terms, or shut off utilities to force tenants out. If disputes escalate, consulting our criminal defense lawyer in Houston can help clarify your legal options and ensure your rights are fully protected.
Landlord Obligations & Limitations
Texas landlords must maintain safe, habitable properties while respecting tenants’ rights and privacy. They must follow proper procedures for repairs, entry, and evictions, and avoid harassment, discrimination, or illegal practices. Understanding these obligations helps tenants recognize violations and take action.
- Repairs and Health & Safety
Landlords must fix issues that affect health or safety, such as HVAC failures, electrical hazards, mold, pest infestations, or broken locks. Tenants can request repairs in writing, and if landlords fail to act, tenants may pursue remedies such as repair-and-deduct, lease termination, or court action.
- Harassment, Privacy, and Entry
Landlords cannot harass tenants through threats, intimidation, or retaliation, nor can they enter units without proper notice except for legitimate reasons like repairs or inspections. Such actions violate tenants’ right to quiet enjoyment and may result in civil penalties.
- Evictions and Lease Enforcement
Evictions must follow legal procedures: written notice → court filing → hearing → writ of possession, with only a constable authorized to remove tenants. Landlords also cannot enforce illegal lease terms, withhold security deposits without cause, or shut off utilities to force a tenant out.
- Discrimination and Habitability
Discrimination based on protected characteristics is prohibited under federal and state law, and landlords must not rent unsafe or uninhabitable properties. This includes homes lacking basic utilities, security devices, or structural safety, as renting unsafe homes violates the implied warranty of habitability.
- Rent Increases
For month-to-month leases, landlords must provide at least 30 days’ written notice before raising rent. Retaliatory increases after repair requests are illegal, even though Texas does not have rent control.
Renter’s Rights in Texas
Tenants in Texas are protected under the Texas Property Code, ensuring safe, habitable housing and fair treatment. Understanding these rights helps renters enforce them effectively.
- Clear Rental Agreement
A rental agreement, whether written or oral under Texas Property Code § 91.001, defines the landlord-tenant relationship. Written leases offer clarity and legal protection, and any modifications must be documented in writing and agreed upon by both parties.
- The Right to Peace and Quiet
Tenants have the right to “quiet enjoyment” of their home under Texas Property Code § 92.008. Landlords cannot harass, enter without proper notice, evict without cause, or disrupt utilities except for legitimate repairs or emergencies.
- Health & Safety Repairs
Under Texas Property Code § 92.052, tenants can request repairs that affect health or safety, including HVAC failures, mold, pest infestations, faulty wiring, or broken locks. Justice courts may order landlords to complete necessary repairs if costs are under $10,000.
- Mandatory Security Devices
Landlords must provide and maintain security devices like deadbolts, window latches, peepholes, and sliding door locks at their expense under Texas Property Code § 92.153.
- Proper Repair Procedures
Tenants should submit written repair requests, preferably by certified mail, and allow a reasonable time (usually seven days) for landlords to act under Texas Property Code § 92.0561. Following this procedure ensures legal protection.
- Protection From Retaliation
Texas law protects tenants from retaliation for six months after requesting repairs under Texas Property Code § 92.331. Landlords cannot raise rent, reduce services, or threaten eviction in response to repair requests.
- The Right to a Fair Security Deposit Return
Landlords must return security deposits within 30 days of move-out with an itemized list of deductions by Texas Property Code §§ 92.101–92.109. They cannot retain deposits for normal wear and tear or as retaliation.
When Tenants Can Take Action
Tenants can take legal action if a landlord violates Texas law, such as ending the lease, making repairs, or filing complaints. Keeping records of notices, communications, and repairs is essential to support any action.
- Terminate the lease: Leave without penalty if serious health or safety issues aren’t fixed after notice.
- Repair and deduct: Pay for necessary repairs yourself and deduct from rent when legally justified.
- Justice court order: Ask the court to force the landlord to make essential repairs.
- Sue for damages: File a civil lawsuit for property damage, harassment, or other losses.
- File complaints: Report violations to local housing authorities, HUD, or the Texas Attorney General.
- Recover fees and penalties: Get attorney fees or civil penalties if you enforce your rights successfully.
- Keep documentation: Save notices, photos, texts, emails, and repair requests as proof.
CE Law: Tenant Protection in Texas
If your landlord has violated your rights, ignored repair requests, or acted unlawfully, you don’t have to face it alone. Dealing with unsafe living conditions, harassment, or illegal eviction can be stressful and confusing, but our experienced team at CE Law can help.
Our dedicated Texas landlord-tenant attorneys have the knowledge and resources to investigate your case, enforce your rights, and hold landlords accountable. We’ll guide you through every step of the process, helping you pursue damages and stop illegal landlord behavior while ensuring your home and safety remain protected.
