Overview of landlord-tenant laws in Texas
Texas Housing - February 24, 2019
Both landlords and tenants should be able to solve many legal issues and problems without a lawyer, if they understand the basics of state law. This overview of the basic landlord-tenant laws in Texas will get you started. So, before you hire Austin movers and relocate, be sure that you make a good deal.
Required landlord disclosure in Texas
Under Texas law, landlords must reveal specific information to tenants (usually in a lease or lease agreement). For example, the identity of any person that will act on behalf of the landlord and tenant rights if the landlord cannot make the necessary repairs.
Texas deposit limit and refund
Texas law does not limit the amount that a landlord may charge for a mortgage. However, it limits the time of its return (within 30 days after the tenant’s move) and establishes other restrictions on deposits.
The small lawsuit in Texas
Tenants can sue homeowners in court for the return of their deposit up to $ 10,000. Those who want to file a claim must familiarize themselves with the way to file a small claims lawsuit.
Late fees in Texas and other rental policies
State law governs several rent-related issues, including late payments and how long (three days in Texas) a tenant who has not paid the rent can stay in the house. Maybe the dilemma to buy or rent in Austin is not that big now.
Tenant rights to withhold rent in Texas
Tenants can withhold rent or exercise the right to “repair and retain” if the landlord does not take care of important repairs, such as a broken heater.
Texas termination and eviction rules
State laws determine when and how a landlord can terminate a lease. For example, a landlord may give a tenant from Texas who has not paid the rent, a notice of an unconditional waiver of the lease, which gives the tenant three days (a different time may be indicated in the lease) to leave before the landlord can apply for eviction.
Landlord access to a rental property, tenant protection against retaliation, and other state laws in Texas
Several other landlord-tenant laws in Texas affect both property owners and tenants, including:
- protecting the tenant from the landlord’s retaliation for a tenant exercising a legal right, such as a complaint of unsafe living conditions (for details, see the laws of the state of Texas that prohibit retaliation to the landlord)
- special protection for tenants who are victims of domestic violence
- procedures for how landlords should handle abandoned property left by tenants, and
- fair housing rights (federal and, often, local law also prohibit discrimination).
Where to find landlord-tenant laws in Texas
If you just want to view the state law of landlords and tenants of Texas, you can find the state charter at Tex. Prop. Code Ann. § § 91.001 to 92.355. You can search for the content of the charter of the landlord-tenant. Or, if you do not know the exact charter number, you can enter a keyword that is likely to be in it, for example, “non-payment of rent”.
Local regulations regarding landlords and tenants in Texas
Cities and counties often have local regulations, such as occupational health and safety standards, noise and interference rules. And anti-discrimination rules that affect owners and tenants. Many municipalities have websites. Just find the name of a specific city in Texas, and then search when you are online.
State and local government online and Municode are good sources for finding local governments on the Internet. In addition, your local public library or office of the city attorney, mayor, or city or county governor can provide information about local ordinances that affect landlords and tenants in Texas. Or you can consider buying a condo in Austin to avoid all of that.
Federal laws and landlord-tenant rules
While most landlords and tenants will be primarily concerned with state law in Texas, several federal laws are enacted. Congress passed laws, and federal agencies such as the United States Department of Housing and Urban Development (HUD) and the United States Environmental Protection Agency (EPA) passed regulations covering discrimination and obligations of the lessor to expose environmental hazards such as lead-based paint.
The US Code is the starting point for most federal legislative studies. It consists of 50 individual numbered titles, each of which covers a specific subject. Most federal regulations can be found in the Code of Federal Regulations (“CFR”). Also broken down by topic into 50 separate titles. In addition, the Cornell Legal Information Institute provides the entire US Code, as well as the Code of Federal Regulations. Finally, check USA.gov, the official US website for government information.
Why is it so important to understand landlord-tenant laws in Texas?
Before you look for long distance movers Texas, you need to be sure that everything is OK with your rental agreement. And another important thing you need to know about is your rights as a tenant. You have the right to live in safe conditions, not to be victims of domestic violence, and to ask for your rights without retaliation. And last, but not least, discrimination of any type is prohibited.
So, if your landlord does not respect any of your rights, you should inform the authorities. But, landlord-tenant laws in Texas are not only for the tenants. Landlords are also protected by these laws. When filing a claim, tenants must provide evidence, so landlords cannot be punished without proof.