What a landlord Cannot do in Texas?
This means your landlord cannot evict you without proper cause (most commonly nonpayment of rent) or otherwise disturb your right to live in peace and quiet. Your landlord must also protect you from any wrongful actions taken by other tenants.
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. Some lease agreements give a list of reasons when the landlord can enter and other leases do not mention landlord's entry at all.
What is landlord harassment? Landlord harassment is when a landlord or property manager willingly creates a situation where a tenant feels uncomfortable, so uncomfortable that they wish to move or terminate a lease agreement.
These are the basic responsibilities of a landlord in Texas.
Landlords need to: Make the unit safe and habitable for the Texas tenants as per the Texas Property Code. It's your duty to repair any issues in the unit. Comply with the Fair Housing Act.
The landlord can only enter the property with the permission of the tenant, unless it is an emergency situation, and the landlord must enter the property and every attempt has been made to contact the tenant (for example a flood in the property or a fire etc).
The law requires your landlord to repair conditions that affect the physical health and safety of ordinary tenants. These could include things like roaches, rats, sewage leaks, roof leaks, faulty electrical wiring, and normal wear and tear to the unit (such as ripped carpeting or broken flooring).
Make a complaint to a 'designated person' (your MP, a local councillor or a tenant panel) if you cannot resolve the problem with your landlord. Contact your council or local authority if you and your landlord still cannot resolve the problem.
You are paying rent to the landlord for exclusive use as the property as your home and as such you have the right to decide who enters it and when. If a landlord enters your home without permission they are, technically, trespassing, unless they have a court order to allow them otherwise.
The basics of periodic inspections
Under the Landlord and Tenant Act 1985, landlords have the right to enter the premises to view its “condition and state of repair”. However, the inspection must be conducted at “reasonable times of the day”, and you must give at least 24 hours' written notice.
Texas does recognize intentional infliction of emotional distress claims, but those claims generally apply in cases such as nursing home abuse, assaults, or threats of violence. Negligent infliction of emotional distress arises from an accident or incident caused by negligence, errors, or mistakes.
Who can I report my landlord to in 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.
In Texas, a landlord is allowed to charge a cleaning fee if the rental agreement allows the landlord to do so. Texas laws allow landlords and tenants to agree on what additional deductions or charges may be made to the security deposit.
There is not a statewide law that places limits on how much a landlord can increase the rent when a lease is renewed. In fact, Texas law only allows cities to establish local rent control ordinances in certain cases.
Landlord's responsibilities
A landlord is responsible for: repairs to the structure and exterior of the property, heating and hot water systems, basins, sinks, baths and other sanitaryware. the safety of gas and electrical appliances. the fire safety of furniture and furnishings provided under the tenancy.
The rights of a tenant
The right to live in a property that's safe and in a good state of repair. The right to have your deposit returned at the end of the tenancy (provided that you meet the terms of your tenancy agreement).
It is wise for landlords to conduct a property inspection every quarter. If you have carried out frequent positive inspections from the same tenants, then you could reduce this to every six months.
Per tenant and landlord law, you're required to give 24 hours notice before you visit. Otherwise, your tenants are within their legal rights to refuse you entry (except in particular circ*mstances). You can give notice via email or a message.
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.
The rights of a tenant
The right to live in a property that's safe and in a good state of repair. The right to have your deposit returned at the end of the tenancy (provided that you meet the terms of your tenancy agreement).
What's the most a landlord can increase rent in Texas?
There is not a statewide law that places limits on how much a landlord can increase the rent when a lease is renewed. In fact, Texas law only allows cities to establish local rent control ordinances in certain cases.
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.
