Tenant Privacy | Texas Law Help (2024)

FAQs

What are my legal rights as a tenant in Texas? ›

Your rights as a tenant include the right to "quiet enjoyment," a legal term. This means your landlord cannot evict you without cause or otherwise disturb your right to live in peace and quiet. If other tenants in your building are disturbing you, you should complain to the landlord.

Security Deposit. A security deposit is any advance of money, other than a rental application deposit or an advance payment of rent, that is intended primarily to secure performance under a lease of a dwelling that has been entered into by a landlord and a tenant.

The landlord cannot evict you, refuse to renew your lease, keep you from using the premises, increase your rent, terminate your lease, or interfere with your rights under the lease in retaliation for filing a complaint.

The Texas Workforce Commission ("TWC") is the entity responsible for enforcing the Fair Housing Act in the State of Texas. You have one year after an alleged violation to file a complaint, but you should file it as soon as possible. The following information will be requested: Your name and address.

After receiving notice, in the event your Landlord 1) fails to repair a condition which materially affects your physical health and safety or 2) fails to return your security deposit within 30 days from your departure of the property AND fails to give you an itemized accounting for deductions, then the next step is to ...

Lying or intimidating a tenant. Giving a “three-day notice” or other eviction notice that is based on false charges. Using fighting words or threatening bodily harm. Refusing to do repairs that are required by law.

(a) If the justice court enters judgment for the landlord in a residential eviction case based on nonpayment of rent, the court shall determine the amount of rent to be paid each rental pay period during the pendency of any appeal and shall note that amount in the judgment.

Sec. 24.007. Appeal. A final judgment of a county court in an eviction suit may not be appealed on the issue of possession unless the premises in question are being used for residential purposes only.

24.004. JURISDICTION; DISMISSAL. (a) Except as provided by Subsection (b), a justice court in the precinct in which the real property is located has jurisdiction in eviction suits. Eviction suits include forcible entry and detainer and forcible detainer suits.

This section of the Texas Property Code discusses landlord retaliation. This subchapter prohibits landlords from retaliating against a tenant for exercising a right given to them by law or by the lease.

How to file a complaint against apartment complex in El Paso Texas? ›

You can submit a complaint online, or you can call their office at (512) 463-2642 or toll-free (Texas only) at (888) 452-4778.

If a tenant followed the correct procedure and the landlord failed to make the repairs, the tenant can sue. Section 92.0563 of the Texas Property Code allows a judge to order the landlord to do any of the following: Take reasonable action to repair the problem.

According to Texas Property Code 92.331, a landlord may not retaliate against you for any of the following actions: Doing anything that is allowed by your lease or by law. Asking that your landlord repair or fix something. Filing a complaint with a government agency.

Texas courts have held that a landlord may not enter your home unless you allow the entry or the lease gives the landlord specific reasons to enter.

Of course, justice court has limitations — for example, the most you can sue for is $20,000. So, if you think the landlord owes you more than $20,000 you should file in a different kind of court and consider getting an attorney if your claim is worth that much.

In Texas, the statute of limitations for personal injury claims is two years, which means that you will have two years from the date of your accident to sue a negligent landlord.

Generally, a landlord has up to 4 to 6 years to sue for damages as long as they have proof of the damage incurred by the tenant and records of the cost of repairs.

In short - yes. Every resident of the United States has the right to file a civil lawsuit against another they believe caused them harm. Still, the right to file a suit does not mean the court will agree and award damages.

Under Texas law, criminal harassment occurs when “an act meant to annoy, torment, embarrass, abuse, alarm, or harass another person.” On the other hand, civil harassment is any action that causes “an injury to a person based on their protected status,” such as disability, sex, or religion.

First, notify your landlord or property manager about the issues and request action to be taken. This can be done in writing, preferably through certified mail for proof of notice. Once the landlord or property manager is notified, they should follow up with you and give you a timeline of what to expect.

What is Section 92.156 of the Texas Property Code? ›

Section 92.156 - Rekeying or Change of Security Devices (a) Except as otherwise provided by Subsection (e), a security device operated by a key, card, or combination shall be rekeyed by the landlord at the landlord's expense not later than the seventh day after each tenant turnover date.

Section 113.151 - Demand for Accounting (a) A beneficiary by written demand may request the trustee to deliver to each beneficiary of the trust a written statement of accounts covering all transactions since the last accounting or since the creation of the trust, whichever is later.

Terms Used In Texas Property Code 82.114

An audit required by this subsection shall be performed by a certified public accountant if required by the bylaws or a vote of the board of directors or a majority vote of the members of the association voting at a meeting of the association.

51.006. DEED-OF-TRUST FORECLOSURE AFTER DEED IN LIEU OF FORECLOSURE. (a) This section applies to a holder of a debt under a deed of trust who accepts from the debtor a deed conveying real property subject to the deed of trust in satisfaction of the debt.

§ 51.001. EFFECT ON OTHER LIENS. Except as provided by Chapter 59, this subtitle does not affect: (1) the right to create a lien by special contract or agreement; or (2) a lien that is not treated in this subtitle, including a lien arising under common law, in equity, or under another statute of this state.

91.004. LANDLORD'S BREACH OF LEASE; LIEN. (a) If the landlord of a tenant who is not in default under a lease fails to comply in any respect with the lease agreement, the landlord is liable to the tenant for damages resulting from the failure.

93.003. COMMERCIAL TENANT'S RIGHT OF REENTRY AFTER UNLAWFUL LOCKOUT. (a) If a landlord has locked a tenant out of leased premises in violation of Section 93.002, the tenant may recover possession of the premises as provided by this section.

(d) Any money received by a lender from a private mortgage guaranty insurer shall be credited to the account of the borrower before the lender brings an action at law for any deficiency owed by the borrower.

41.001. INTERESTS IN LAND EXEMPT FROM SEIZURE. (a) A homestead and one or more lots used for a place of burial of the dead are exempt from seizure for the claims of creditors except for encumbrances properly fixed on homestead property.

Can a tenant withhold rent in TX? ›

Rent withholding is illegal in Texas

State law is very clear that tenants are not allowed to withhold rent to force a landlord to make repairs, even if the issue is major and falls under the implied warranty of habitability or the agreed-upon lease terms.

Can my landlord remove my personal property after I have been evicted? Yes. A Writ of Possession is a court order that allows a landlord to take back the home.

For most problems, landlords are required to have the problem fixed, or at least make a diligent effort toward doing so, within seven days of being notified of it. However, in situations that involve a lack of heating, air conditioning, or water, the landlord only has three days to fix the issue.

The Texas Apartment Association is a non-profit statewide trade association that provides exceptional advocacy, education and communication for the Texas rental housing industry. We serve all types of rental professionals, including property owners, builders, developers, property management firms and service providers.

No written lease

If there is no lease, a Texas landlord can evict a tenant without providing a reason. Simply give notice to vacate, and follow eviction proceedings if the tenant fails to leave. When there is a verbal agreement but no written lease, whatever terms specified verbally must still be honored.

Rent withholding: The tenant stops paying rent and claims the mold makes the dwelling unlivable. Landlords in Texas must abide by the "implied warranty of habitability." This legal doctrine requires the landlord to provide a property in a livable condition.

Section 92.056 of the Texas Property Code requires a tenant to take several steps before the landlord is considered to be liable to them. A landlord's liability allows a tenant to to take certain actions like ending the lease or deducting the cost of repairs from the rent.

IRS Publication 527 states that carpet in a residential rental property wears out after 5 years, at least for tax purposes, based on the general depreciation system.

Section 24.002 - Forcible Detainer (a) A person who refuses to surrender possession of real property on demand commits a forcible detainer if the person: (1) is a tenant or a subtenant wilfully and without force holding over after the termination of the tenant's right of possession; (2) is a tenant at will or by ...

A trial of the right of property is an action that applies only to personal property. A trial of the right of property must be tried in a court with jurisdiction of the amount in controversy.

What is Section 41.002 Texas property code? ›

Section 41.002 - Definition of Homestead (a) If used for the purposes of an urban home or as both an urban home and a place to exercise a calling or business, the homestead of a family or a single, adult person, not otherwise entitled to a homestead, shall consist of not more than 10 acres of land which may be in one ...

Texas is considered a "one-party consent" state. This means that unless at least one of the parties to a conversation consents, both Texas and federal wiretapping laws make it a crime to record an audio conversation, either in person or over the phone, if the parties have a "reasonable expectation of privacy."

Video surveillance systems are an obvious choice, but what is their legal status? The short answer is they're fine. You may install surveillance cameras on your Katy, Texas rental property as long as they are for security purposes and not to track your tenants' personal lives.

If your landlord illegally locks you out of your home, cuts off your utilities, removes windows or doors, or takes your belongings to get you out of the home before the court eviction process is over, you can: Call the police and ask for help getting back into the home.

Tenant Rights to Withhold Rent in Texas

Tenants may withhold rent or exercise the right to "repair and deduct" if a landlord fails to take care of important repairs, such as a broken heater. For specifics, see Texas Tenant Rights to Withhold Rent or "Repair and Deduct".

Step 1: Written Notice to Vacate.

Unless the lease agreement says otherwise, the landlord must give the tenant at least 3 days to move out. They cannot file an eviction suit before they give this notice in writing.

If you leave property behind before you are evicted, the property may be considered abandoned. Texas Property Code 92.0081(b)(2) allows a landlord to remove abandoned property. Your lease may define what abandoned property is. Your lease may also lay out the rules for what can happen in such a case.

According to Texas law, rent on the rental unit becomes late if it isn't paid within 2 full days once it's due. When rent is late, you must give the tenant the 3-Day Notice to Quit to kick start the eviction process.

Most states give tenants between three and ten days; Washington DC and New Jersey specify 30. In Texas, the rules are stacked against the tenant. Unless the lease or rental agreement specifies otherwise, when the rent is unpaid, landlords must give tenants three days to quit.

What is the fastest way to evict a tenant in Texas? ›

The only legal way to remove a tenant from a rental unit in Texas is for a landlord to win an eviction lawsuit (forcible entry and detainer suit) in court. Even after winning the lawsuit, it is illegal for a landlord to take self-help measures to remove the tenant.

An eviction is a lawsuit filed by a landlord to remove tenants and their belongings from the landlord's property. In Texas, an eviction is also called a “forcible entry and detainer,” and a landlord cannot remove a tenant from the property without filing such a case.

Texas courts have held that a landlord may not enter your home unless you allow the entry or the lease gives the landlord specific reasons to enter.

Wrongful eviction occurs when a tenant, who was occupying the property, is evicted when their lease was still valid and suffers damage as a result. If a tenant is wrongfully evicted, they may sue the landlord and recover their damages, such as the cost of moving, the cost of the replacement lease, lost wages, etc.

Talk to Your Landlord

You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease.

you, the plaintiff. The Court Clerk will assist you if you have PROCEDURAL questions. The cost for filing an Eviction Suit is $54.00. for serving an Eviction Suit citation is $75.00.

Abandoned property belongs to whomever finds it. Lost property belongs to whomever finds it, subject only to a claim by the true owner. Mislaid property belongs to the owner of the property on which it is found, subject only to a claim by the true owner.

Texas law is very specific about how the notice must be given to the tenant and what it must contain. The notice must include: The amount of time the tenant has to move out or fix a certain problem before an eviction suit is filed. This must be at least 3 days unless the lease specifically states otherwise.

The landlords have to issue a 30-Day Notice to Vacate. The tenant has no choice but to leave the premises before the end of the notice period. Landlords can continue with the eviction process if the tenant refuses to leave after the 30-day grace period.