Litigation - Real Estate
We focus our practice on landlord tenant litigation. We know that many landlords do not follow the applicable statutes that they are governed by to the detriment of their tenants. If you are experiencing issues with your landlord then call us and we can help.
Below find a helpful article to help you navigate these muddy waters. By providing this article you will be able to identify if you have an issue that is actionable. If you determine that you might have an issue that is actionable please get in contact with us as soon as possible.
The following article was written and published by Nolo. See https://www.nolo.com/legal-encyclopedia/overview-landlord-tenant-laws-texas.html. The links provided in the article will take you to the Nolo.com website a trusted legal news source.
Required Landlord Disclosures in Texas
Under Texas law, landlords must disclose specific information to tenants (usually in the lease or rental agreement), such as the identity of anyone authorized to act on the landlord’s behalf and the tenant’s rights when the landlord fails to make necessary repairs. For a full list, see Texas Required Landlord Disclosures.
Texas Security Deposit Limit and Return
Texas state law does not limit how much a landlord can charge for a security deposit. However, it does limit when it must be returned (within 30 days after a tenant moves) and sets other restrictions on deposits. See Texas Security Deposit Limits and Deadlines for more on the subject.
Small Claims Lawsuits in Texas
Tenants can sue landlords in Justice Court for the return of their deposit, up to a dollar amount of $10,000. See Filing a Security Deposit Lawsuit in Texas Justice Court for advice for tenants filing suit. Landlords defending a security deposit lawsuit should check out Texas Landlord’s Guide to Security Deposit Disputes in Justice Court.
Texas Late Fees and Other Rent Rules
State law regulates several rent-related issues, including late fees and how much time (three days in Texas) a tenant who has not paid rent has to move. For details, see Texas Late Fees, Termination for Nonpayment of Rent, and Other Rent Rules.
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”.
Texas Termination and Eviction Rules
State laws specify when and how a landlord may terminate a tenancy. For example, a landlord may give a Texas tenant who has failed to pay rent an unconditional quit notice that gives the tenant three days (the lease may specify a different amount of time) to move out before the landlord can file for eviction. See State Laws on Unconditional Quit Terminations and State Laws on Termination for Violation of Lease for details on these types of termination notices in Texas.
Landlord Access to Rental Property, Tenant Protection Against Retaliation, and Other State Laws in Texas
Several other landlord-tenant laws in Texas affect both property owners and renters, including:
tenant protections against landlord retaliation for tenant exercising a legal right, such as complaining about an unsafe living condition (see Texas State Laws Prohibiting Landlord Retaliation for details)
special protections for tenants who are victims of domestic violence (see Texas State Laws Affecting Tenants in Domestic Violence Situations)
procedures for how landlords must handle abandoned property left behind by tenants, and
fair housing rights (discrimination is also prohibited by federal and, often, local law—see the Housing Discrimination section of the Nolo site for details).
Where to Find Texas Landlord-Tenant Statutes
If you want to read the text of a law itself, such as state security deposit rules, you’ll find citations in many of the articles and charts included in the State Landlord-Tenant Laws section of the Nolo site. To access the statutes, go to the Texas Laws and Legal Information section of the Nolo site and find the link to your state laws.
If you just want to browse through the Texas landlord-tenant law, you can find state statutes at Tex. Prop. Code Ann. § § 91.001 to 92.355. You can search the table of contents for the landlord-tenant statutes. Or, if you don’t know the exact statute number, you can enter a keyword that is likely to be in it, such as “nonpayment of rent.”
In addition to accessing state laws via Nolo’s website, Texas statutes are available in many public libraries and in most law libraries that are open to the public (typically found in a county courthouse or at the state capitol or in a publicly-funded law school).
Local Ordinances Affecting Texas Landlords and Tenants
Cities and counties often pass local ordinances, such as health and safety standards, noise and nuisance regulations, and antidiscrimination rules that affect landlords and tenants. Many municipalities have websites —just search for the name of a particular city in Texas and then do a search when you’re on the site.
State and Local Government on the Net and Municode are good sources for finding local governments online. Also, your local public library or office of the city attorney, mayor, or city or county manager can provide information on local ordinances that affect landlords and tenants in Texas.
Federal Landlord-Tenant Laws and Regulations
While most landlords and tenants will primarily be concerned with state law in Texas, several federal laws come into play. Congress has enacted laws, and federal agencies, such as the U.S. Department of Housing and Urban Development (HUD) and the U.S. Environmental Protection Agency (EPA), have adopted regulations, covering discrimination and landlord responsibilities to disclose environmental health hazards, such as lead-based paint.