A rental agreement becomes valid after the exchange of rent between the landlord and tenant. That now gives landlords and tenants certain rights under Texas state law (Texas Property Code Chapter 92) as well as the federal landlord-tenant laws.
As a landlord, it’s important to familiarize yourself with the landlord and tenants’ rights and obligations for the smooth operation of your investment.
The following is a comprehensive overview of everything a landlord should know about Texas landlord-tenant laws, so you can uphold your landlord-tenant relationship and ensure tenant compliance for your investment property.
Required Landlord Disclosures in Texas
According to Texas landlord-tenant laws, as a landlord, you must provide your tenant with the following disclosures. If the landlord fails to do so, your tenant can use that as justification to terminate the written lease or rental agreements.
- Disclosure on the use of lead-based paint: This is required of landlords who own homes built before 1978. You must let your tenant know of the lead paint concentrations used.
- Disclosure on authorized agents: As the landlord, you must provide your tenant with the names and addresses of any party tasked with managing the unit during their tenancy on behalf of the owner.
- Disclosure on your tenant’s right to repair and deduct: Texas tenants have a right to live in a habitable home. If the landlord refuses or fails to provide them with one, they can do the necessary repairs themselves and then make appropriate deductions from future rent payments (check Texas Property Code Section 92.0563 for details).
- Disclosure on parking rules: This is only applicable to landlords renting out multi-unit complexes.
- Disclosure on late fees: Do you charge tenants late fees for not paying rent on time? If you do, you must disclose that information to the tenant in the written lease or rental agreement.
- Disclosure on the emergency phone number: You must provide your tenant with an emergency phone number so that tenants can contact you when they encounter emergencies.
Texas Tenant Rights and Responsibilities
Under Texas landlord-tenant laws tenants’ rights include the following:
- Live in a habitable dwelling.
- To live in peace and quiet.
- Be treated without discrimination based on race, color, or any other protected class under the Fair Housing Act.
- Be removed from the rental through judicial means.
- Requesting repairs and having them done within a reasonable period.
According to Texas landlord-tenant laws, tenants have the following basic responsibilities:
- Give notice to the landlord before vacating their rental unit.
- Notify the landlord when seeking to be away for an extended period.
- Keep noise levels down and not bother neighbors or other tenants on the property.
- Keep the rental clean and sanitary.
- Use all facilities (like kitchen appliances or plumbing fixtures) for their intended use or be held liable for damages.
- Pay rent on time by cash rent payments, direct deposit, or other agreed upon methods.
- Inform the landlord of maintenance and repairs on time.
- Abide by all terms and policies of the lease agreement.
- Allow the landlord entry for legitimate reasons.
- Care for their rented premises.
Landlord Rights and Responsibilities in Texas
Property owners or landlords have the following rights according to Texas law:
- Require that your tenant pay a security deposit before moving in, and charge whatever you feel is best for the security deposit.
- Enforce the terms of the lease agreement.
- Start the eviction process for a tenant if they violate a term of the lease and provide a proper notice to vacate.
- Screen prospective tenants as long as the selection criteria is non-discriminatory.
- Be notified before a tenant can vacate the premises.
- Raise rent by whatever amount. Also, to charge whatever amount of late fees.
According to Texas landlord-tenant laws, the landlord’s responsible for the following:
- Abide by all terms of the lease agreement.
- Maintain the property to habitable standards and repair or remedy needed repairs. If not, the tenant can be held liable for damages.
- Respond to maintenance repair requests within a reasonable period.
- Ensure the rental property has working utilities.
- Follow the judicial process when evicting tenants.
- Maintain the right to quiet enjoyment.
- Serve your tenant a 30-day written notice stating that you are terminating their month-to-month lease.
- Return security deposits within 30 days of your tenants moving out.
Texas Landlord Tenant Laws: Overview
Texas Landlord Entry Laws
As a landlord, you have an inherent right to enter your tenant’s rented unit. However, except for some outstanding circumstances, a landlord can’t just show up at the tenant’s unit unannounced, and you can’t enter the premises unless allowed by the tenant. Landlords have a responsibility to give their tenants reasonable notice before entering the premises during their tenancy. A 24-hour written notice can suffice to inform the tenant.
Texas landlords may also want to state other entry notice terms in the lease agreement to avoid any potential confusion or misunderstanding in the future. However, this is not explicitly required by state laws.
Housing Discrimination Laws
Landlords discriminating against tenants based on certain protected classes is against the law. The Federal Fair Housing Act prohibits discrimination towards tenants based on race, color, religion, sex, nationality, disability or physical health, sexual orientation and familial status.
Unlike some other states, Texas landlord-tenant laws do not extend these protections past what is outlined in the Fair Housing Act.
Texas Rent Increase Law
Currently, Texas state law prohibits legislation of any rent control law at the state and local levels. This means that the landlord can decide to charge whatever rent payment amount they want during the tenancy.
What’s more, you can raise the month’s rent by any amount. Landlords in Texas have no obligation to notify their tenants before a rent raise, and they must pay or face eviction.
Lease Termination Law
The rules are that either person can terminate a month-to-month lease early by serving the other party a 30-day advance notice before the tenant vacates. There are no statutes that define the minimum notice requirements for other lease period or situations, such as week-to-week and quarter-to-quarter.
In a fixed-term lease, both the landlord and the tenant must wait until the date it expires naturally. There are two exceptions to this rule. Landlords may choose to include an early termination clause. Or, according to state and federal laws, a tenant may be able to break a lease early for the following reasons:
- Landlord harassment.
- Uninhabitable rental property conditions or purposeful interruption of utilities.
- Active military duty.
- Domestic violence or family violence.
Texas Security Deposit Laws
Landlords have a responsibility to abide by the state’s laws on security deposits. The following is a basic overview of security deposit law in Texas.
There is no limit to how much money a landlord can charge for security deposits, though the general rule of thumb is that the security deposit should be equal to one month’s rent. The maximum period to return a tenant’s security deposit is 30 days after the move-out date.
If a landlord fails to return the security deposit, the landlord may face certain penalties. This includes paying up to three times the value of the security deposit and court and attorney fees.
Deducting from security deposits must only be for legitimate reasons, such as cleaning fees, unpaid rent, or the cost of fixing rental property damage. Deductions cannot be made for normal wear and tear of the property, only in cases of real damages.
Texas Eviction Law
Texas law states that landlords have the right to evict their Texas tenants for violation of the terms of the lease agreement and can terminate the lease. Legitimate reasons for tenant eviction include the following.
- Withhold rent.
- Violation of the terms of the agreement.
- The tenant fails to move out at the end of their lease term.
- Absence of a lease.
- Illegal activity.
- Foreclosure.
If a landlord fails to comply with the proper eviction procedure outlined by Texas law, there may be issues, like an eviction lawsuit, which can incur unnecessary legal or attorney fees. Retaliatory or discriminatory evictions are prohibited under Texas landlord-tenant law due to fair housing laws.
Bottom Line
Navigating the complexities of Texas landlord-tenant laws without a property manager, legal counsel, or an attorney can be difficult. If you do not follow federal laws and Texas laws, you may end up in court facing a lawsuit and paying fees and court costs. The landlord’s failure to comply with current Texas laws will result in legal action, which is why it’s best to work with an experienced property manager who can handle the day-to-day needs of your rental property.
Still have questions about Texas landlord-tenant law, or need expert guidance for managing your property? Keyrenter Austin can help! We’re the most trusted and highest-rated property management company in Austin. Get in touch to learn more!
Disclaimer: This blog should not be used as a substitute for legal advice from a licensed attorney in your state. Laws change, and this post might not be updated at the time of your reading. Please contact us for any questions you have in regards to this content or any other aspect of your property management needs.