As Texas continues to top the charts for population growth in the United States, new residents, and landlords should familiarize themselves with their rights and responsibilities. Familiarizing yourself with Texas landlord-tenant law can help you protect your rights and avoid possible disputes.
In this article, we’ll explore critical components of Texas tenant rights and how they fit into the framework of landlord-tenant law, including:
- Mutual obligations: Both landlords and tenants have specific rights and responsibilities under Texas law.
- Lease agreements: Landlords must ensure units are habitable, while tenants must maintain the property and pay rent on time. A legally compliant Texas lease agreement ensures landlord-tenant relationships start off on the right foot.
- Fair Housing: Discrimination based on protected characteristics is prohibited.
- Security deposits: Texas has clearly defined security deposit laws to protect landlords and tenants.
- Eviction: Landlords must follow specific state-defined procedures for eviction.
Marketing. Applications. Leases. Payments.
Key Findings: Landlord-Tenant Rights & Responsibilities
Landlords and tenants possess specific rights and responsibilities established by the state legislature.
Texas landlords have the right to:
- Set & collect rent: Landlords are entitled to receive timely rent payments & charge an amount that accords with market conditions.
- Require a deposit: Landlords can use security deposits to cover any damage or unpaid rent resulting from tenancy.
- Establish terms: Landlords have significant flexibility in defining a lease’s terms, including setting rules for pet ownership, subleasing, etc.
- Evict tenants for breaches: If tenants violate their lease, Texas landlords have a legal right to pursue eviction proceedings as defined by state law.
- Access the property for repairs: Landlords have a right to enter the property for emergencies without notice. Although Texas law doesn’t require notice for non-emergency access, the lease agreement should dictate these details.
Texas landlords are responsible for:
- Providing a habitable environment: A landlord must ensure their rental unit meets all health and safety codes.
- Making necessary repairs: Landlords must address repairs in a timely manner.
- Properly managing security deposits: Landlords must return deposits with a detailed list of itemized deductions (if any) within 30 days from when the tenancy ends.
- Complying with federal law: Federal law prohibits landlords from discriminating against tenants based on specific characteristics outlined in the Fair Housing Act and other laws.
- Following proper eviction procedures: Landlords must provide a notice to vacate and follow the legal process from there before pursuing eviction.
Texas tenants have the right to:
- A safe & healthy living space: Tenants can expect landlords to provide basic amenities such as hot water and prompt repairs to issues that affect a unit’s habitability.
- Security devices: Under the Texas Property Code, all exterior doors and windows must have the ability to lock.
- Peace & quiet: Texas tenant rights include “quiet enjoyment” of their rental unit and cannot be evicted without cause or otherwise disturbed by their landlord.
- Rent deductions for repairs: If a landlord fails to make necessary repairs promptly, tenants may take it upon themselves to make such repairs and deduct the cost from their rent.
- A refund of security deposit: Tenants are entitled to a refund of their security deposit minus reasonable deductions.
Texas tenants are responsible for:
- Paying rent on time: Tenants must pay rent according to the terms set in the lease agreement.
- Maintaining the property: Tenants should keep the property in good condition and report any damage.
- Allowing access for repairs: Tenants must allow landlords to enter the property for necessary repairs.
- Following lease terms: Tenants must adhere to the terms set out in their lease.
- Notifying landlords of extended absences: Tenants should inform landlords of extended absences if such a provision is included in the lease (as allowed under state law).
Best Practices for Screening Prospective Tenants
In Texas, landlords are allowed to charge a rental application fee with no limit on the fee amount. Additionally, landlords can explore various aspects of an applicant’s background, including their credit, criminal, and rental histories, as well as their current income. Landlords should apply the same screening practices universally to avoid possible discrimination claims.
Using services like TurboTenant’s tenant screening tools helps ensure a landlord’s compliance with all applicable laws while providing valuable data for decision-making.
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Compliance with Fair Housing Laws in Texas
Federal fair housing laws, most notably the Fair Housing Act, exist to give all renters an equal playing field when seeking housing. These laws apply to all rental properties in Texas and outlaw all discrimination based on characteristics that include race, color, religion, sex, familial status, national origin, and disability.
What actions are considered housing discrimination?
Actions considered discriminatory under federal housing laws include (but are not limited to) the following:
- Refusing to rent based on a protected characteristic
- Setting different standards for different individuals
- Falsely denying the availability of housing
- Refusing to make reasonable modifications for disabled persons
Violating fair housing laws can result in legal action and severe penalties, including levying fines that increase steeply for repeat offenders.
How can discrimination be avoided in rental practices?
To avoid running afoul of federal housing laws, landlords would be wise to employ and follow the following practices when screening for and attracting potential tenants:
- Maintain consistency: Use uniform questions and requirements for all applicants.
- Focus on features, not tenants: When advertising a unit, landlords should avoid language that centers on individual renter characteristics that the Fair Housing Act protects.
- Extensive staff training: Always ensure all property management staff you employ are familiar with federal housing laws.
What are the repercussions for fair housing violations?
A landlord’s violation of fair housing laws can result in extensive legal action and hefty civil penalties that can be as much as $25,597 for the first violation and increase substantially with additional violations. If a tenant accuses a landlord of discrimination, they should seek legal counsel and attempt to take corrective action immediately.
Texas Lease Agreements and Sample
In Texas, a written lease agreement is required only for stays of more than 1 year. Even though agreements for stays that are less than a year can be executed verbally, legally binding lease agreements are highly encouraged, for they protect all parties involved by defining expectations and obligations.
There are two common types of lease agreements: month-to-month and fixed-term leases. Month-to-month agreements are favored by those with short-term rentals. Fixed-term contracts apply to all agreements where the length of stay is explicitly stated and typically lasts 1 year or longer.
| Property Address: | 123 Main, St. San Antonio, TX 78209 | |
| Lease Start Date: | 09/01/2020 | See section 1.5 |
| Lease End Date: | 09/01/2021 | See section 1.5 |
| Total Monthly Rent: | $1,750.00 | See section 1.6 |
| Monthly Base Rent: | $1,700.00 | See section 1.6 |
| Monthly Pet Rent: | $50.00 | See section 1.6 |
| Pro-Rated Rent Amount: | N/A | See section 1.10 |
| Total Deposit(s): | $1,500.00 | See section 1.8 |
| Security Deposit: | $1,000.00 | See section 1.8 |
| Pet Deposit: | $500.00 | See section 1.8 |
| Other Deposit: | N/A | See section 1.8 |
| Total Nonrefundable Fee(s): | $100.00 | See section 1.9 |
| Late Fee: | 10% if not paid by the 2nd. | See section 2.1 |
Which lease terms are legally required in Texas?
While state law doesn’t explicitly list every required term for a lease, it does establish some guidelines and protections that call for the inclusion of specific essential terms, which include:
- Involved parties: The names and relevant contact information of both the landlord and tenant
- Property details: A clear description of the property, including the address
- Lease term: The length of the lease, be it fixed-term or month-to-month
- Rent specifications: The amount, due date, and payment method of rent
- Security deposit: The amount of the security deposit, its purpose, and the conditions for its return
Landlords should also consider other components, such as insurance requirements and lease termination provisions.
What constitutes legal renting in Texas?
To legally rent a property in Texas, landlords must adhere to various state and local laws governing lease agreements, stipulations, habitability, and other specifications. Here are the key elements:
- Valid lease agreement: In Texas, it’s not legally required to have a written lease agreement for a rental arrangement that lasts less than a year, but we highly recommend one for clarity and legal protection.
- Habitability standards: Landlords must provide tenants with a habitable rental property that meets all applicable health codes and safety standards.
- Occupancy limits: Texas law does not dictate maximum occupancy numbers. However, local ordinances may limit the number of tenants allowed per unit based on square footage, available bedrooms, and/or other relevant features.
What tenant documentation is required?
Tenants should provide specific documentation before moving into a rental unit, including:
- Valid government-issued identification
- Proof of income
- Rental history
Both parties must maintain copies of the lease agreement and any subsequent communications regarding changes to the lease terms.
What are the mandatory landlord disclosures in Texas?
There is certain information that Texas landlords must provide to tenants before or at the time of signing the lease, including information regarding:
- Lead-based paint: For properties built before 1978, Texas landlords must provide a lead-based paint disclosure form to tenants. This disclosure is a federal requirement.
- Sex offender information: Texas landlords must provide tenants with information about registered sex offenders who live within a certain distance of the property they are renting.
- Flood hazard information: A more recent requirement, landlords must include flood disclosures to inform tenants whether a property lies within a 100-year floodplain.
- Parking Rules: Parking rules must be included in the lease for multi-unit properties.
Again, landlords must double-check municipal and county ordinances that could require other disclosures, such as for mold and property conditions.
Security Deposits in Texas
Security deposits protect landlords if a tenant fails to pay rent or damages the property beyond normal wear and tear.
What are the guidelines for security deposit collection?
While Texas law does not set a maximum amount for what landlords can charge for a security deposit, it is often customary to charge between 1 to 2 months’ rent.
When can deductions be made from security deposits?
Landlords can deduct unpaid rent, damage beyond normal wear and tear, or even cleaning costs if specified in the lease. For such deductions, landlords must provide an itemized list detailing the reasons for the deduction.
How should security deposits be returned?
Landlords must return the security deposit within 30 days after a tenant moves out. Any deductions made must be enumerated in an itemized list. Tenants should also provide a forwarding address to ensure proper return of the deposit.
Maintenance Responsibilities of Landlords
Texas law states landlords must maintain habitable conditions in all rental properties.
What are the legal standards for property conditions?
Under Texas law, the property must not adversely affect tenants’ physical health or safety and must include a ready hot water supply.
What is the proper protocol for repairs?
If a tenant requests repairs, landlords have a reasonable amount of time to address the issue. If a landlord doesn’t make the repairs, tenants can withhold rent or use the repair-and-deduct remedy, which allows them to deduct the cost of repairs from rent payments.
Do landlords need to give tenants advance notice before accessing a rental property?
Although not stipulated in Texas law, landlords should consider providing at least a day’s notice before entering the property, except in emergencies.
Late Rent Fee Regulations
In Texas, landlords can charge late fees for any portion of rent that remains unpaid. A 2-day grace period is allowed by law before rent is considered late. For landlords with four or fewer units, the maximum late fee is 12% of the monthly rent; for landlords with five or more units, the maximum late fee is 10% of the monthly rent.
Rent Control in Texas
Rent control is the term used to describe government-defined and -regulated limits on the amount of rent that landlords can charge and how much they can increase it. Even though Texas municipalities can technically pass rent control ordinances, the state statute governing rent control in Texas sets out stringent limits on their ability to do so. Rent control ordinances are only permissible if 1) a disaster has precipitated a housing crisis and 2) the governor approves such an ordinance.
Given the current law and state-level predilection for light regulation, it is unlikely that any municipality will pass a rent control ordinance that has the governor’s blessing for the foreseeable future.
Even though Texas landlords are free to set rent amounts at their discretion, they can only do so at either the signing or renewal of a lease. In other words, once a lease agreement defines a rent amount, it cannot increase until its termination date.
Lease Renewal and Termination
Texas law requires that landlords and tenants give notice before terminating or renewing a lease. The specific notice period will vary depending on the lease agreement. Tenants may terminate leases early in certain situations, such as military deployment or domestic violence, while landlords can terminate a lease for violations or other reasons stated in the agreement.
Eviction Procedures for Texas Landlords
Eviction laws vary from state to state (sometimes drastically so). That’s why Texas landlords must familiarize themselves with Texas eviction law in 2024.
What justifications exist for eviction?
In Texas, landlords cannot evict a tenant without just cause. Some common justified reasons for evicting a tenant include:
- Non-payment of rent
- Lease violations
- Illegal activities
- Overstaying the lease term (holdover tenants)
- Health and safety violations
- Unauthorized occupants
It’s important to note that these are but a few legally justifiable reasons for eviction. Because the specific grounds for eviction can vary given the circumstances and terms of the lease agreement, landlords should be diligent about documenting and maintaining records of all lease agreement violations.
What is the eviction process?
Landlords are legally obligated to follow a set of steps to evict tenants. Those steps are as follows:
- Give a notice to vacate: Landlords must provide the tenant with written notice before filing a suit.
- Eviction suit filing: If the tenant does not comply with the notice, the landlord can then file suit with the justice court in which the rental property is located. The court will schedule a hearing for 10 to 21 days after filing the suit.
- Judgment: After the hearing takes place, during which time both landlord and tenant can present their case in court, the court will issue a judgment. Should the judge rule in favor of the landlord, a Writ of Possession will be issued.
How is property reclaimed after eviction?
After securing a Writ of Possession, the landlord can legally proceed to have a Sheriff or constable remove the tenant and their property from the rental unit should the tenant refuse to vacate.
The landlord can have the tenant’s property placed outside, but not during inclement weather or in a way that blocks public ways. The landlord is not obligated to store the property but can hire a warehouse worker to do so. The warehouse worker then has a lien on the property, which the tenant must pay within 30 days for recovery or otherwise forfeit it.
Local Ordinances for Landlords and Tenants
Municipalities and counties may impose differing and/or additional requirements on landlords and tenants. It is therefore crucial that landlords check local regulations in addition to state laws. Municode is one great resource for delving deeper into local ordinances.
Federal Landlord-Tenant Laws
In addition to local and state laws, various federal laws regulate the actions of landlords. Landlords should know what these laws entail to avoid potential legal issues. Below are a few resources that landlords can avail themselves of:
- U.S. Department of Housing and Urban Development
- U.S. Department of Justice Civil Rights Division
- Texas Department of Housing and Community Affairs Guidance
Managing Tenant Legal Disputes as a Texas Landlord
Disputes between landlords and tenants can arise, and legal assistance may be required to resolve them. Just as tenants can avail themselves of various Texas tenant rights hotlines, so too do landlords have recourse available to them in the event of a dispute, including:
- Texas Law Help: Provides free and reliable legal information on new Texas landlord-tenant law
- Texas State Law Library: Provides access to legal research materials, including the Texas Property Code and other relevant laws
- Texas Bar Association: The official website of the state bar association, offering resources for finding attorneys and other information
General Texas Landlord-Tenant Law Resources
- Landlord Tenant Law – Texas State Law Library
- Landlord Tenant – Provisions Generally Applicable to Landlords and Tenants – Property Code Title 8 Chapter 91
- Landlord Tenant – Residential Tenancies – Property Code Title 8 Chapter 92
- Uniform Condominium Act – Property Code Title 7 Chapter 82
Texas Fair Housing Resources
- HUD in Texas
- Fair Housing Practices – Texas Fair Housing Act – Property Code Title 15 Chapter 301
- Fair Housing for Renters
Federal Fair Housing Resources
Other Texas State Resources
Texas City-Specific Housing Resources
Houston
San Antonio
Dallas
- Fair Housing – City of Dallas
- Dallas Housing Authority
- City of Dallas Code
- Apartment Association of Greater Dallas
Austin
Fort Worth
- Renter’s Rights and Guidelines – City of Fort Worth
- Apartment Association of Tarrant County – Fort Worth
El Paso
- Housing Authority of the City of El Paso
- Fair Housing | El Paso, Texas
- Code of Ordinances | El Paso, TX | Municode Library
- El Paso Apartment Association
Arlington
- Housing- Questions And Answers – City of Arlington, TX
- Fair Housing – City of Arlington, TX
- City of Arlington, TX Codes and Ordinances
- Apartment Association of Tarrant County – Arlington, TX
Plano
- Plano Housing Authority
- Building Codes & Ordinances | Plano, TX – Official Website
- Code of Ordinances | Plano, TX | Municode Library
- Apartment Association of Greater Dallas
Laredo
Navigate Your Landlord-Tenant Relationship with TurboTenant
Understanding Texas landlord-tenant rights in 2024 and managing your rental properties can often be a time-consuming and complex ordeal. TurboTenant offers free property management software that provides a comprehensive solution to help landlords streamline their rental portfolio while adhering to Texas landlord-tenant law.
Key features include:
- Rental Marketing: Easily create and manage professional rental listings to attract quality tenants.
- Tenant Screening: Conduct thorough background checks on potential tenants to ensure a reliable rental pool.
- Rent Collection: Streamline rent collection with online payments and automated reminders.
- Lease Agreements: Create, manage, and store digital lease agreements, reducing paperwork and ensuring compliance.
Ready to take control of your rental properties? Sign up for a free TurboTenant account today and experience streamlined property management from your laptop or smartphone.
Disclaimer: TurboTenant does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws and consult legal counsel should questions arise.
Texas Landlord-Tenant Law FAQ
What are landlords required to provide by law?
Landlords must provide a habitable environment with hot water while adhering to the lease terms. Some amenities, such as pest control and certain appliances, are not legally required but are often customarily included.
What is the proper notice period for lease termination?
The notice period is 30 days but can differ under the lease terms.
What maintenance rights do tenants have?
If a landlord fails to address issues affecting habitability promptly, tenants may be entitled to repair and deduct, lease termination, or even judicial remedies.
How should utilities be handled in rental agreements?
The lease agreement should make clear who is responsible for paying utilities.
What are the eviction rules for tenants without a lease?
Texas tenant rights consider individuals with no lease as month-to-month tenants. Landlords must generally provide a 30-day notice to terminate the tenancy and need not provide a justification. If a tenant refuses to vacate, the landlord must follow the legal eviction process.
How are guests and tenants legally differentiated?
Guests are individuals who temporarily visit a tenant. Tenants have a legal right to occupy the property, given their lease. The principal difference is that guests do not have the same rights or liabilities as tenants, such as rent.