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Texas Landlord Tenant Law

Texas Landlord Tenant Law

Texas Landlord Tenant Law: An Overview

Texas landlord tenant law is a set of guidelines that governs the rights and responsibilities of landlords and tenants in the state of Texas. These laws are aimed at protecting the interests of both parties and ensuring that each receives fair treatment and operates within the boundaries of the legal framework. Understanding these laws is critical for both landlords and tenants, as it helps avoid legal disputes that can result in costly litigation and loss of valuable time.

This article will provide an in-depth overview of Texas landlord tenant law, touching on key issues that both landlords and renters need to be aware of. The discussion will cover several aspects, including lease agreements, security deposits, rent payment schedules, eviction procedures, and more. We’ll also provide up-to-date information using reputable government resources such as the Texas Property Code, Texas Attorney General office, and Texas Association of Realtors.

Terms of the Lease Agreement

The lease agreement is a legal document that outlines the terms and conditions of the tenancy, setting out the expectations of all parties involved in the rental. Key terms that must be included in the lease agreement under Texas law include:

– Name and address of the landlord or agent authorized by the landlord to receive rent payments
– Name and address of the tenant
– Name and address of any occupants
– Description of the property being rented, including any amenities provided
– Amount of rent to be paid, the schedule of payments, and the date it’s due
– Late payment fees, if any
– Length of the lease agreement and period in which the tenant may renew the lease
– Reason for lease termination, including notice requirements
– Security deposit amount, how it’s held, and the reasons it may be forfeited
– Disclosure of lead-based paint hazards (for properties built before 1978)

It’s important to note that any provision that violates the Texas Property Code is not enforceable, so landlords must take care to draft lease agreements that are in compliance with the law. Tenants should carefully read and understand the lease agreement before signing it, seek clarification on any provisions or terms that are unclear to them, and ensure that their interests are protected before committing to the lease.

Security Deposits

A security deposit is a sum of money paid by the tenant before moving into the rental property to cover any damage or unpaid rent at the end of the tenancy. Under Texas law, landlords cannot charge more than one month’s rent as a security deposit, and this deposit must be held in a separate bank account and refunded to the tenant within 30 days of move-out.

Landlords may deduct from the security deposit for any unpaid rent, damages beyond normal wear and tear, or expenses incurred due to the tenant’s breach of the lease agreement. Before making any deductions, the landlord must provide an itemized list of the deductions, along with any remaining balance, to the tenant. If the tenant disputes the deductions made, the landlord must provide evidence to support the charges or face legal action by the tenant.

Landlords who violate the security deposit law can face penalties such as treble damages (three times the amount withheld), attorneys’ fees, and court costs if a lawsuit is filed.

Rent Payment Schedules

Rent is the amount of money paid by the tenant to the landlord for the use of the rental property. Texas law does not regulate the amount of rent charged by landlords, but it does stipulate that the rent payment schedule should be agreed upon in the lease agreement. This means that the landlord and tenant must agree on the amount of rent to be paid, how it will be paid, and when it is due.

Rent payment schedules can vary, but they are typically due on a monthly basis, with a grace period of up to three or five days after the due date. Landlords may charge a late payment fee if the rent is not paid within the grace period, but they cannot charge more than the amount specified in the lease agreement.

Landlords must provide a written notice to tenants before increasing the rent. The notice must be given at least 30 days for a month-to-month tenancy and 60 days for a fixed-term tenancy before the next rent payment is due.

Eviction Procedures

Eviction is the legal process by which a landlord forces a tenant to vacate a rental property. Under Texas law, landlords must follow specific eviction procedures before removing a tenant from the property, and failure to follow these procedures can result in legal action by the tenant.

Before filing an eviction lawsuit, landlords must provide a tenant with a written notice to vacate the premises, stating the reason for the eviction and the date by which the tenant must vacate. The notice must be given at least three days before filing the eviction lawsuit if the tenant fails to pay rent and 30 days if the eviction is for reasons other than unpaid rent.

If the tenant fails to vacate the premises by the deadline specified in the notice, the landlord can file an eviction lawsuit in court. The tenant has the right to contest the eviction and is entitled to a hearing before a judge. If the court rules in favor of the landlord, the tenant must vacate the property within five days.

Retaliation Prohibition

Under Texas law, landlords cannot evict tenants in retaliation for exercising their legal rights. This means that a landlord cannot threaten to evict a tenant for reporting health, safety, or building code violations, joining a tenant organization, or for filing a complaint with a government agency against the landlord.

If a tenant can prove that the eviction was retaliatory, the landlord may be fined for up to $2,000, and the tenant can recover damages and attorney fees. The tenant may also be entitled to possession of the property, and the lease agreement may be terminated.

Conclusion

Texas landlord tenant law is a complex and evolving set of regulations that impacts both landlords and tenants. Understanding these laws is critical for anyone looking to rent or manage rental property in the state, as it helps prevent legal disputes and ensures that everyone operates within the legal framework. The laws governing lease agreements, security deposits, rent payment schedules, eviction procedures, and retaliation prohibitions are just a few examples of the key issues that landlords and tenants need to understand to protect their interests and avoid costly legal battles.


A Quick Guide to Texas Landlord/Tenant Laws 

Texas Landlord Tenant Law

Texas landlord tenant laws provide specific rights to the landlord and tenant in multiple areas of the business relationship.  All Texas landlord tenant laws are listed under Title 8 Landlord and Tenant of the Texas Property Code.

Under these rules, the tenant and landlord each have specific rights.  For example, the tenant has the right against unlawful eviction, the shutoff of utilities, harassment from the landlord, and much more.  Additionally, under the Texas landlord tenant law, a landlord has the ability to evict a tenant if they cause excess damage, fail to pay rent, or even show evidence of dealing illegal drugs or committing domestic violence.

Some more common types of laws are referred to in this article, but for a complete listed of Texas landlord tenant law, visit the official website of the Texas legislature.

Section 92.331 

This section of Texas landlord tenant law under subchapter H prevents a landlord from initiating retaliation against a tenant in certain cases.  Texas landlord tenant laws strictly prohibit a landlord from retaliating if the tenant has:

• acted in good faith to obtain a right under the lease, municipal ordinance, or federal or state statute

• given the landlord a notice to repair or initiate a remedy under this chapter

• complained to a governmental agency who is responsible for enforcing building or housing codes, a public utility, or a civic or nonprofit agency

Under this section of Texas landlord tenant law, a landlord can retaliate in the following ways within six months of the tenant’s action:

• filing an eviction proceeding except for the grounds under Section 92.332

• depriving the tenant of use of the full premises under the rules of the lease

• decrease services to the tenant in direct violation of Texas landlord tenant laws

• increase the tenant’s rent or terminate the lease

Section 92.104 

This section under the Texas landlord tenant laws states conditions for returning a security deposit.  The following factors apply to the security deposit:

• the landlord may deduct amounts from the deposit if the tenant has breached the lease or is legally liable under another Texas landlord tenant law

• the landlord may deduct proportions from the security deposit for normal wear and tear (such as cleaning expenses)

• if the landlord deducts any amount form the security deposit under this section or any other Texas landlord tenant laws, the landlord must give the tenant an itemized list of all deductions

Under this Texas landlord tenant law, a landlord is not liable to return a security deposit if the tenant owes rent when they leave the premises and there is no further controversy as to the amount of rent owed.

If you are facing an eviction, you may use Texas landlord tenant laws concerning landlord retaliation in your defense not to repay any remaining amount of rent.  Your landlord will have to give you a proper amount of warnings before taking legal action to evict you under Texas landlord tenant law.