Texas Rental Laws – An Overview of Landlord-Tenant Rights in Pasadena

Texas Rental Laws – An Overview of Landlord-Tenant Rights in Pasadena

It can be a bit confusing to understand landlord-tenant laws in your state when you start renting out a house or apartment. If you are looking for a comprehensive overview of these laws, this is the article for you. Texas landlord-tenant law provides guidance on the rights and responsibilities of both landlords and tenants, as well as the solutions available to both parties in the event of a dispute. 

This article will provide an overview of Texas landlord-tenant law, including the main provisions and key considerations for both landlords and tenants.

Required Landlord Disclosures in Texas

According to Texas law, landlords are required to give tenants specific information. The disclosures are as follows:

Nonrefundable Fees

Non-refundable fees are acceptable in Texas as long as they are specified in the rental agreement.

Security Deposit

There is no maximum amount that Texas landlords may ask for the security deposit, according to Texas law. However, a landlord is required to return the security deposit to the tenant within 30 days after the tenancy expires and is required to tell the tenant where the security deposit is kept. 

A list of the security deposit deductions must be given to the tenant as well. A landlord will be held liable if they neglect to do any of these things related to their tenant’s security deposit.

Cropped image of a lawyer in a blue suit writing a legal contract with a fountain pen

Rights of Domestic Violence Victims

Victims of domestic violence are free to leave the residence without incurring any fees. They might even do it without notifying the landlord first. The tenant must submit a temporary ex parte protection order, a temporary injunction, and a final protective order. The tenant won’t be fined for breaching the lease early as long as they present these documents as proof. 

Texas law penalizes landlords who try to hinder a tenant’s attempt to break a lease as a result of domestic violence.

Owner or Agent Identity

According to Texas State law, a contract must include the following: 

  • Name and address of the property owner/landlord.
  • If the owner hires a property manager or management company, those names and addresses must be included as well.

Texas Tenant Rights and Responsibilities

The following are the primary Texas renter’s rights. A tenant has:

  • The right to enjoy the unit in peace and quiet. 
  • A right to live in a safe place. This means that landlords have to put in good locks and take other safety measures. 
  • The right to stay in the unit as long as the lease isn’t broken. 
  • According to the Fair Housing Act and their fair housing rights, every tenant has the right not to be a victim of housing discrimination.
  • Even if there isn’t a clause for early termination, the tenant can end a lease early if the landlord breaks the terms of the lease. This includes things like being harassed by the landlord or being ignored when asking for repairs.

Smiling property manager in a pink suit speaking with two prospective tenants

The following are the basic tenant responsibilities in the state of Texas. A tenant must:

  • Clean both inside and outside the rented unit.
  • Tell the landlord about any problems that require repairs or upkeep.
  • Throw away trash in the proper receptacles.  
  • Pay rent on time every month and any late fees the landlord may charge 
  • Follow the rules, policies, and regulations in the rental agreement as well as those that are required by federal, county, and state laws. 

If a tenant doesn’t do any of the above things, the landlord can send them a written notice to move out because they broke the lease.

Texas Landlord Rights and Responsibilities

The following are the basic rights of a landlord in the state of Texas:

  • The landlord must be given at least one month’s notice when a renter decides to leave. 
  • In an emergency, the landlord can get into the unit without giving notice. 
  • The landlord can charge late fees if rent is paid late. 
  • Follow through with the eviction process if the tenant doesn’t follow the rules, like not paying rent.

The following are the basic landlord responsibilities in the state of Texas. Landlords must:

  • Make the unit safe and habitable for the tenants according to the Texas Property Code. 
  • Fix anything that is wrong with the rented unit. 
  • Keep the Fair Housing Act in mind. 
  • Clearly outline policies and fees in the lease agreement. 
  • Wait at least two days before they charge a late fee because of a delayed rent payment. 

Black gavel on a desk

Landlord-Tenant Laws in Texas: Overview

Tenant Privacy and Landlord’s Right to Enter the Dwelling

Texas does not have a statutory notification requirement for landlords to perform unit inspections. It will be determined on the basis of the terms outlined in the lease. The owner of the property may access the unit if: 

  • A court order has been made. 
  • Inspections and repairs have to be done.
  • There is an emergency on the property.

Condition, Maintenance, and Repairs

Maintenance of the rental house is one of the major duties of a landlord. In order to maintain the rental’s habitability and repair any damage brought on by ordinary wear and tear, the landlord must: 

  • Ensure that the plumbing, lighting, and electrical systems are working perfectly.
  • Ensure the security of the house by checking on the windows and doors. 

If any repairs are not made by the landlord in a certain amount of time, it will be a violation of the tenant’s rights. 

Texas Housing Discrimination Laws

A landlord is prohibited from discriminating against any of the below-mentioned seven protected classes under the Fair Housing Act. 

  • Color.
  • Religion.
  • Race.
  • National origin.
  • Gender.
  • Disability.
  • Familial status.

Tenants should not be refused equal treatment or the chance to rent a home because they belong to a protected class as long as they can pay their rent and pass regular tenant screening procedures.

One person reaching across a desk to hand a pen to another person

Security Deposits

A security deposit is required by a landlord (often equal to two months’ worth of rent) to pay for: 

  • Fixing any damage brought on by a tenant’s negligence.
  • Fixing any damage caused by a tenant violating the lease.

Required Landlord Disclosures

According to landlord-tenant law, landlord disclosures should be printed in the lease agreement. These disclosures are as follows:  

  • In properties constructed before 1978, landlords are required to reveal the existence of lead paint
  • Tenants are entitled to know who is in charge of administering the rental property, according to the landlord. This usually requires providing tenants with a list of those people’s names and addresses.

Renter’s Right to Withhold Rent in Texas

According to Texas landlord-tenant law, a tenant is responsible for paying for a safe, functional house. Tenants have the following options if a landlord neglects to remedy repairs: 

  • Plan a legal action to compel a landlord to undertake the required repairs, which would necessitate you consulting a lawyer. 
  • If you break your lease early, you are not required to pay any additional rent. 
  • By repairing the damage to the rental property and deducting the cost of repairs from their rent payment. 

Small Claims Lawsuits in Texas

Tenants have the right to sue landlords if there are problems with security deposits. For the refund of their security deposit, they will go to the Texas Justice Court.

Conclusion

We hope this article helped you gain enough information about Texas landlord and tenant laws. If you have specific questions, hire the services of a qualified Texas attorney. Alternatively, you can seek help from a knowledgeable property management company like Prime Realty Property Management. 

Disclaimer: This blog should not be used as a substitute for legal advice from a licensed attorney in your state. Laws frequently change, and this post might not be updated at the time of your reading. Please contact us for any questions you have in regards to this content or any other aspect of your property management needs.  

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  1. Greetings! Very helpful advice in this particular article! It is the little changes that will make the largest changes. Many thanks for sharing!

  2. Everything is very open with a really clear description of the issues. It was definitely informative. Your site is useful. Thank you for sharing!

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