Best Landlord & Tenant Lawyers in Houston

About Landlord & Tenant Law in Houston, United States

Landlord and tenant law in Houston, Texas, governs the legal relationship between property owners (landlords) and people who rent property (tenants). This area of law covers the rights, obligations, and protections for both parties, including matters like leases, rent payment, property maintenance, eviction procedures, deposits, and dispute resolution. Houston, as part of Texas, follows state laws outlined in the Texas Property Code but also has local ordinances that may affect specific rental situations.

Why You May Need a Lawyer

Navigating landlord and tenant issues can be complex, and misunderstandings often arise regarding leases, repairs, and eviction notices. You might need legal help in situations like:

• Receiving or delivering an eviction notice
• Disputes over security deposit returns
• Landlords failing to make necessary repairs
• Questions about lease agreements or clauses
• Experiencing harassment or illegal entry by a landlord
• Facing retaliation for reporting housing violations
• Disagreements about rent increases
• Dealing with property damage or unsafe conditions
• Alleged violations of city codes or laws
• Needing defense against wrongful accusations

An attorney with experience in landlord and tenant matters can help ensure your rights are protected and guide you through the appropriate legal steps.

Local Laws Overview

Houston follows the Texas Property Code, which lays out many of the rules for rental relationships. Important and locally relevant legal aspects include:

• Security Deposits: Texas does not limit how much can be charged as a deposit, but landlords must return the deposit within 30 days of a tenant moving out, less any justified deductions.
• Repairs and Maintenance: Landlords are required by law to make sure rental properties are habitable. Tenants have rights to request repairs for conditions that affect health and safety. Proper notice must be provided, and there are rules for how repair requests must be made.
• Eviction Procedures: A landlord must provide at least 3 days’ written notice (unless the lease says otherwise) before filing for eviction. Eviction suits are filed in local Justice of the Peace courts.
• Entry Rights: Landlords can only enter rented property for necessary repairs, inspections, or in emergencies. Advance notice is typically required except in emergency situations.
• Retaliation and Discrimination: Houston renters are protected from retaliation for exercising legal rights, and federal fair housing laws also apply, barring discrimination based on characteristics like race, religion, gender, family status, disability, or national origin.
• Local Ordinances: Houston has codes that may impact rental housing quality and safety. For example, the Department of Neighborhoods enforces codes regarding building safety and habitability.

Both landlords and tenants should carefully read lease agreements and be aware of both state and local regulations.

Frequently Asked Questions

What can I do if my landlord refuses to make needed repairs in Houston?

First, make your repair request in writing and keep a copy. Legally, landlords must address issues that affect health or safety. If the problem persists after proper notice, you may have rights to terminate the lease, make the repairs and deduct the costs, or seek legal relief. Always follow Texas Property Code guidelines to protect your rights.

How much notice does a landlord have to give before entering my apartment?

Texas law does not specify the amount of notice, but most leases require reasonable advance notice except in emergencies, such as fire or major leaks. Check your lease for the specific notice period and consult local codes if you have concerns.

How can I break my lease legally in Houston?

Tenants can legally break a lease for reasons including military deployment, family violence situations, unsafe living conditions that the landlord fails to repair, or if specified in the lease (such as early termination clauses). Always provide written notice and review your lease terms.

What is the eviction process in Houston?

A landlord must provide a written notice to vacate, usually at least 3 days beforehand. If you do not move out within that period, the landlord can file an eviction lawsuit in a local Justice of the Peace court. You have the right to attend the hearing and present your side.

Can a landlord keep my security deposit?

A landlord can deduct from your security deposit for unpaid rent, damage beyond normal wear and tear, or other breaches specified in your lease. However, an itemized list of deductions and the balance of the deposit must be returned within 30 days of moving out.

Am I responsible for repairs in my rental unit?

Typically, tenants are responsible for basic upkeep and repairs for damages they cause, while landlords must handle problems affecting safety or habitability. Your lease might detail certain responsibilities, so always review it carefully.

What protections exist against discriminatory rental practices in Houston?

Federal and state laws forbid discrimination based on race, color, national origin, religion, sex, familial status, or disability. The City of Houston provides resources and enforcement through local agencies if you believe you are being discriminated against.

Can my landlord raise the rent whenever they want?

In most cases, landlords can raise the rent with proper notice if you are on a month-to-month lease. Most leases lock in the rent price for their duration. Check your lease for specific rules and required notice periods in Houston.

What do I do if I receive an eviction notice?

Do not ignore eviction papers. Review the notice for the reason and date by which you must act. If you have a valid defense, attend the eviction hearing and present your evidence. You may also contact legal services for help.

Do landlords have to provide smoke detectors and locks?

Under Texas law, landlords are required to install smoke detectors in every bedroom and ensure security devices such as keyed deadbolts and window latches are present. Failure to do so can be a violation of your rights as a tenant.

Additional Resources

If you need more information or assistance, these resources can be helpful:

• Texas Attorney General - Offers tenants’ rights guides and complaint forms.
• Houston Bar Association - Provides legal resources and lawyer referral services.
• Houston Apartment Association - Offers information and mediation services for tenants and landlords.
• Houston Volunteer Lawyers - Offers free legal help to low-income residents.
• Texas RioGrande Legal Aid - Free legal help, including housing law, for those who qualify.
• City of Houston Department of Neighborhoods - Oversees property maintenance, habitability, and code compliance.
• U.S. Department of Housing and Urban Development (HUD) - Handles federal housing discrimination complaints and fair housing issues.

Next Steps

If you need legal assistance in a landlord and tenant matter in Houston, here are some steps to take:

1. Gather all documentation, including leases, communications, payment records, photos, or videos of your rental unit.
2. Read your lease agreement thoroughly to understand your specific terms and obligations.
3. Attempt to resolve issues directly with the other party whenever reasonable and safe.
4. If unresolved, consult one of the organizations or legal aid resources listed above.
5. If your situation is urgent, such as lockouts or unsafe conditions, contact local authorities or an attorney immediately.
6. If you are served with legal papers or facing eviction, respond promptly and seek legal advice as soon as possible to avoid default judgments.

Understanding your rights and local laws is essential as a landlord or tenant in Houston. Consulting with a qualified legal professional can provide you with personalized guidance for your situation and help protect your interests.