Best Landlord & Tenant Lawyers in Texas

About Landlord & Tenant Law in Texas, United States

Landlord and tenant law in Texas governs the legal relationship between residential and commercial property owners (landlords) and the people who lease or rent those properties (tenants). These laws cover a wide array of issues, including leases, rent payments, eviction procedures, repairs, and the resolution of disputes. Texas has its own unique statutes and practices that set it apart from other states, making it important for both landlords and tenants to be familiar with their rights and responsibilities under Texas law.

Why You May Need a Lawyer

Navigating landlord and tenant issues can be challenging, and there are several situations where seeking legal assistance is beneficial. Common scenarios include disputes over security deposits, wrongful evictions, unaddressed maintenance problems, interpretation or enforcement of lease agreements, retaliation claims, property damage disputes, code violations, and fair housing claims. Legal representation is especially important when the stakes are high, such as when facing eviction, being sued for damages, or defending against claims of noncompliance.

Local Laws Overview

Texas landlord and tenant laws are primarily found in the Texas Property Code, Chapters 91 and 92, along with relevant federal statutes. Here are key aspects:

• Lease Agreements: In Texas, both written and oral leases are generally enforceable, though written agreements are preferred for clarity.
• Security Deposits: Landlords must return security deposits within 30 days after a tenant moves out and provide a written accounting for any deductions.
• Repairs and Maintenance: Landlords are legally required to make repairs that materially affect the health or safety of tenants. Tenants must provide proper notice of the problem.
• Evictions: Eviction rules are strict. Landlords must provide at least three days’ written notice to vacate before filing an eviction lawsuit unless otherwise specified in the lease.
• Utilities: Tenants can be protected from utility shut-offs due to a landlord's failure to pay if certain conditions are met.
• Retaliation: Texas law prohibits landlords from retaliating against tenants for exercising legal rights, such as requesting repairs or filing complaints.
• Fair Housing: Discrimination in renting based on race, color, national origin, religion, sex, familial status, or disability is illegal under federal and state law.

Frequently Asked Questions

What notice must a landlord give before entering a rental unit?

Texas law does not specify a minimum notice period for a landlord to enter a rental property, though most lease agreements address this issue. It is common for leases to require advance notice, except in emergencies.

How can tenants request repairs from their landlord?

Tenants should submit repair requests in writing and keep a copy for their records. If the landlord fails to act within a reasonable time, tenants may have additional legal remedies.

Can a landlord increase rent at any time?

Landlords must follow the terms of the lease regarding rent increases. Rent cannot typically be raised during a fixed-term lease but can usually be changed at renewal or with proper notice in a month-to-month tenancy.

When can a landlord keep part or all of the security deposit?

Landlords can deduct amounts from the security deposit for unpaid rent, damages beyond normal wear and tear, and other charges specified in the lease. An itemized list of deductions must be provided.

What is the eviction process in Texas?

Landlords must deliver a written notice to vacate, typically providing three days, then file a lawsuit if the tenant does not leave. A court hearing will be scheduled, and if the landlord prevails, a writ of possession may be issued.

Are tenants responsible for all repairs?

Tenants must keep the property clean and undamaged but are not responsible for repairs not caused by their negligence or misuse. Landlords are required to make repairs affecting health and safety.

Can a tenant break a lease without penalty?

Breaking a lease without penalty is only allowed in certain circumstances, such as domestic violence, military deployment, or if the property is uninhabitable. Otherwise, early termination may result in financial penalties.

What happens if a landlord fails to return a security deposit?

If a landlord fails to return a security deposit or provide an itemized list of deductions within 30 days, tenants may be entitled to damages and attorney's fees.

Is verbal notice valid for ending a lease?

Verbal notice is not usually sufficient. Tenants and landlords should always provide written notice as outlined in the lease agreement to formally end a lease.

What are a tenant’s rights if the property is sold?

If a rental property is sold, the new owner is typically bound by the existing lease. Unless the lease states otherwise, the tenant's rights remain in place until the lease expires.

Additional Resources

Here are some helpful resources for landlord and tenant matters in Texas:

• Texas Attorney General - offers guidance on both landlord and tenant rights and responsibilities
• Texas Department of Housing and Community Affairs - provides information on fair housing regulations and tenant assistance
• Texas Justice Court Training Center - supplies self-help forms and guidance on eviction procedures
• Legal Aid Organizations - such as Lone Star Legal Aid, Texas RioGrande Legal Aid, and Disability Rights Texas, which assist qualifying individuals
• Local Housing Authorities and Code Enforcement Offices - for issues related to rental property standards and inspections

Next Steps

If you believe you need legal advice related to a landlord and tenant issue in Texas, start by gathering all relevant documents, such as your lease agreement, correspondence, repair requests, payment receipts, and any notices received or sent. Make detailed notes about dates and conversations. Consider reaching out to your local legal aid office if you qualify, or consult with a private attorney who specializes in landlord and tenant law. Many attorneys offer an initial consultation to discuss potential options. Acting promptly is often critical, especially when facing eviction or urgent repair issues, to protect your rights and secure the best possible outcome.