Key Takeaways
Understand your rights and responsibilities under the Texas property code, including habitability, repairs, evictions, lease enforcement, and required landlord disclosures.
Use a clear written lease agreement and apply consistent rental policies that comply with applicable fair housing laws.
Follow Texas security deposit laws carefully, including requirements for allowable deductions, documentation, and returning deposits after move-out.
In Texas, a landlord-tenant relationship can only be established in either of three ways. That is, orally, in text, or after the landlord accepts a rent payment from the tenant. Once either of these scenarios occurs, you and your tenant automatically obtain certain rights and responsibilities.
In this article, you’ll learn all the important basics of landlord-tenant laws. This will help you learn what you can and cannot do when it comes to renting out your home in Texas.
Required Landlord Disclosures in Texas
You must provide your tenants with important disclosures before they move in. They include the following:
Information regarding the use of lead-based paint. This is mandatory for landlords renting out homes built before 1978.
Names and contact information of the authorized agents. An agent is the person tasked with managing the unit. They can include property managers and landlords.
Whether a tenant can repair an issue and deduct the appropriate costs from their security deposit.
If renting out a multi-unit complex, a disclosure on the parking rules, if any.
Whether you charge any late fees. If so, you must disclose the specific charges to the tenant before they can move in.
Your contact information in case of emergencies in the rental unit. The phone number must be available 24 hours a day, 7 days a week.
Texas Tenant Rights & Responsibilities
Your Texas tenants have the following rights under federal and state laws. A right to:
Live in a habitable home. You must ensure the home meets the minimum state’s safety, health, and building codes. Some of the things you must provide the tenant with include hot water, smoke and carbon monoxide detectors, and pest-free premises.
Have general repairs made within 7-14 days after the tenant has requested them. Essential services must be repaired within 3 days.
A fair eviction process devoid of discrimination or “self-help” eviction tactics.
Have their security deposits returned within a reasonable time after moving out.
Break the lease early for certain legally justifiable reasons.
Live without being discriminated against based on race, color, nationality, religion, and familial status.
A grace period after the rent becomes late.
The following are some of the responsibilities Texas tenants have under the law.
Pay rent as per the terms of the written lease agreement.
Take care of their rental premises by keeping it clean, and reporting repair and maintenance issues.
Notify the landlord before moving out.
Notify the landlord whenever repair and/or maintenance issues appear.
Abide by all terms and policies of the lease agreement.
Texas Landlord Rights & Responsibilities
As a landlord in the state of Texas, you enjoy a myriad of rights under federal and state laws. They include the right to:
Require a tenant to pay a security deposit before moving into the rental property.
Charge a tenant a fee once the rent becomes late.
Evict a tenant who fails to abide by the terms of the lease agreement.
Require all prospective tenants to fill out a rental application form for consideration, and to reject unqualified applicants.
Enter a rental premises to conduct important responsibilities.
Raise the rent per state and local Texas laws. You must also be cognizant of anti-discriminatory policies under the Fair Housing laws when seeking to increase rental rates.
Penalize a tenant for breaking the tenant’s lease unjustifiably.
Withhold part or all of the security deposit if the tenant moves out without fixing damage exceeding normal wear and tear.
When it comes to your responsibilities as a Texas landlord, they are as follows:
Rent out a home that meets the state’s habitability laws.
Make requested repairs within 7-14 days of being notified.
Only evict a tenant after following the proper judicial process.
Only make appropriate deductions to a tenant’s security deposit for refusing to make repairs to damages exceeding normal wear and tear.
Only raise the rent as per the lease agreement and not out of retaliation or discrimination of federally protected classes or in retaliation.
Treat all tenants fairly and equally as per the Fair Housing Act.
Notify the tenant before entering their rented premises.
An Overview of the Landlord-Tenant Laws in Texas
The following are additional elements of landlord-tenant laws that property owners should be aware of:
Renter’s Rights for Repairs
As already mentioned, Texas landlords have a fundamental responsibility to keep their homes habitable. If you fail to do so, your tenant may be able to resort to several options including, filing a lawsuit in court, breaking the lease, and making repairs on their own and deducting the cost from rent.
Tenant Eviction
Landlords can evict tenants in certain situations under the Texas law. Common reasons include nonpayment of rent, lease violation, and end of the lease. That said, please note that only a court order can lead to an eviction.
Security Deposits
Landlords usually require tenants to pay a security deposit before moving into a rental property. And for good reason; it’ll help cushion you against potential financial damages that can arise during a tenancy. For instance, destruction of your property due to a tenant’s negligence.
There are certain security deposit laws that you must abide by when collecting a tenant’s security deposit, including returning it on time, how to store it, and what to do if you sell the property.
Bottom Line
Being a successful landlord all begins with understanding your rights and responsibilities under the law. Hopefully, this blog has helped acquaint you with all the necessary basics you need to get started.
For expert help, kindly consider reaching out to Azure Sky Realty – a property management expert in College Station, TX.
Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.
Frequently Asked Questions About Texas Rental Laws In College Station
What Should A Texas Lease Agreement Include?
A written lease agreement should clearly explain the rent amount, payment due dates, late fees, lease term, maintenance responsibilities, property rules, and procedures for ending the tenancy. It should also identify the landlord or authorized property manager and provide emergency contact information.
Although Texas may recognize oral rental agreements in certain circumstances, written terms help reduce misunderstandings and provide a clearer record of each party’s rights and responsibilities. Landlords should ensure that lease provisions comply with the Texas property code and applicable federal requirements.
What Does The Texas Property Code Require From Landlords?
The Texas property code establishes many of the rights and responsibilities governing residential rental relationships. Landlords generally must provide a habitable property, address qualifying repair requests, follow proper eviction procedures, and handle security deposits according to applicable requirements.
Property owners may also have disclosure obligations involving lead-based paint, authorized agents, late fees, and emergency contact information. Because requirements can vary depending on the property and circumstances, landlords should review the current law or consult a qualified professional before relying on a specific interpretation.
What Are Texas Security Deposit Laws For Rental Properties?
Texas security deposit laws address how landlords collect, handle, and return deposits after a tenancy ends. A landlord may generally use a security deposit to cover qualifying damages beyond normal wear and tear, but deductions must be appropriate and properly documented.
Owners should also understand requirements involving the tenant’s forwarding address, written accounting, and the timing of the deposit’s return. Lease or rental agreement provisions should not conflict with state law. Because specific circumstances can affect a landlord’s obligations, professional legal guidance may be appropriate when disputes arise.
How Do Fair Housing Laws Affect Texas Landlords?
Fair housing laws prohibit landlords from treating applicants or residents differently based on protected characteristics, including race, color, national origin, religion, sex, familial status, and disability under federal law. These requirements can affect advertising, applicant screening, rent increases, lease enforcement, reasonable accommodations, and eviction decisions.
Landlords should apply consistent, objective rental criteria and avoid language that could suggest a preference or limitation involving a protected class. Policies should be reviewed regularly to help ensure that property management practices remain consistent with applicable federal, state, and local requirements.
When Can A Texas Landlord Evict A Resident?
A Texas landlord may be able to pursue eviction for if a tenant owes rent, a lease violation, or the end of a tenancy, depending on the circumstances and applicable lease terms. However, a landlord cannot legally remove a resident through “self-help” tactics such as changing the locks, shutting off utilities, or physically removing belongings without following the required process.
Eviction generally requires proper notice and a court proceeding. If a landlord fails to follow the Texas property code carefully, they could face legal consequences.
