Landlord–tenant law
Landlord–tenant law is a part of the common law that details the rights and duties of landlords and tenants. It includes elements of both real property law and contract law.
Full Answer
Is it legal to withhold rent in Texas?
Unlike some states, Texas does not legally allow a tenant to withhold rent when faced with uninhabitable conditions under the argument of effective eviction. Withholding rent can lead to an eviction filing, and when fighting eviction the tenant may not expect repairs.
How long can a tenant withhold rent from a landlord?
How long the tenant is allowed to withhold rent. Tenants are usually allowed to withhold rent until the landlord repairs or addresses the issues. ( read more) Each state has its own rules on what needs to be provided for living conditions in rentals to be deemed “acceptable”, known as the Implied Warranty of Habitability.
When does a landlord have to make a repair in Texas?
Under Section 92.052 of the Texas Property Code, a few requirements must be met before the landlord is required to make the repair: The tenant must be current on their rent The tenant must have let their landlord know about the problem by giving notice to the person or place where they normally pay their rent; and
What happens if a landlord does not return your rent in Texas?
Penalty if Not Returned on Time – If a Texas landlord wrongfully withholds rent then they may be liable to pay up to 3 times the value of the deposit plus a $100 fine per instance, along with relevant attorney fees. Allowable Deductions – Cost of repairs, unpaid rent.
When can you legally withhold rent in Texas?
You're not allowed to withhold rent in Texas until your landlord makes a repair—but they are required to fix the problem quickly. Although Texas law allows you to repair certain conditions and deduct the cost from your monthly rent payment, it does not allow you to simply withhold or reduce rent.
Can I withhold rent for no heat Texas?
Tenants may withhold rent or exercise the right to "repair and deduct" if a landlord fails to take care of important repairs, such as a broken heater.
Can you refuse to pay rent in Texas?
§ 24.0051.) If the tenant does not pay the full rent within the three-day time period and does not move out of the property, then the landlord can proceed to file a summons and complaint with the Texas justice court. This proceeding is called a forcible detainer suit.
Can I withhold rent if landlord not doing repairs in Texas?
You do not have a right to withhold rent because the landlord fails to make repairs when the condition needing repair does not materially affect your physical health or safety. If you try this method, the landlord may file suit against you. § 92.058.
How long is a landlord allowed to leave you without heating?
24 hours. Under Section 11 of the Landlord and Tenant Act 1985, you have the right to expect your landlord to carry out repairs in a 'reasonable time'. If it's an emergency repair as you've got no heating or hot water, your landlord should fix this in 24 hours.
How long does a landlord have to fix heat in Texas?
seven daysYour landlord in Texas has a maximum of seven days to make a serious repair—less if it has to do with heat, running water, sewage, broken pipes, or flooding. If you live in Texas, state law gives your landlord a maximum of seven days to address a repair after you've notified them of the issue using certified mail.
How long does it take to get evicted for not paying rent in Texas?
How long does it take to evict someone in Texas? From start to finish approximately three weeks • 3 days from notice to vacate to filing of suit • 8-10 days to serve the citation -The law requires the defendant have a least six days no more than 10 days notice before the hearing.
Can I sue my landlord for emotional distress in Texas?
Texas does recognize intentional infliction of emotional distress claims, but those claims generally apply in cases such as nursing home abuse, assaults, or threats of violence. Negligent infliction of emotional distress arises from an accident or incident caused by negligence, errors, or mistakes.
Can a landlord charge for cleaning in Texas?
In Texas, a landlord is allowed to charge a cleaning fee if the rental agreement allows the landlord to do so. Texas laws allow landlords and tenants to agree on what additional deductions or charges may be made to the security deposit.
Do you have to pay rent if your apartment is uninhabitable Texas?
Texas Tenant Laws: Security Deposits, Repairs, and More If your home becomes uninhabitable, you may be able to terminate your lease early or make the repairs and deduct the cost from your rent. This can include conditions caused by an insured casualty such as a hurricane or fire.
What is a landlord responsible for fixing in Texas?
The law requires your landlord to repair conditions that affect the physical health and safety of ordinary tenants. These could include things like roaches, rats, sewage leaks, roof leaks, faulty electrical wiring, and normal wear and tear to the unit (such as ripped carpeting or broken flooring).
What are my rights as a tenant in Texas?
According to the Texas Attorney General, Texas tenants are entitled to the following rights: The right to "quiet enjoyment" of your home. This means your landlord cannot evict you without proper cause (most commonly nonpayment of rent) or otherwise disturb your right to live in peace and quiet.
Is it illegal to not have heat in your apartment in Texas?
What the law says. Effective from January 1, 2010, Section 92.009 of the Property Code states that Texan landlords are not permitted to interrupt a tenant's heating supply unless it is for compulsory repairs, construction or there is an emergency.
Is it legal to rent a property with no heating?
Your rented home requires a reliable source of hot water and heating. It is the landlord's legal responsibility to provide this. This is included in every tenancy agreement and is a critical requirement for landlords and property owners.
Do I have to pay rent if my AC is broken Texas?
If the landlord fails to make the needed repairs, then the tenant has the right to send a second notice, telling the landlord that if the air conditioning is not fixed, then the tenant will pay for the repairs out of pocket and deduct the cost from the rent due.
Do you have to pay rent if your apartment is uninhabitable Texas?
Texas Tenant Laws: Security Deposits, Repairs, and More If your home becomes uninhabitable, you may be able to terminate your lease early or make the repairs and deduct the cost from your rent. This can include conditions caused by an insured casualty such as a hurricane or fire.
Can a Landlord Enter Without Permission in Texas?
Texas landlords are required to give notice before entering an occupied unit but the law does not specify how much. As such, most landlords and ten...
Is Texas a “Landlord Friendly” State?
Texas is a very landlord-friendly state because landlords have few habitability requirements and the state does not cap rent or applicable fees.
What Are a Tenant’s Rights in Texas?
Tenants in Texas have the right to a habitable dwelling and the right to take at least one form of alternative action.
Can a Tenant Change the Locks in Texas?
Texas law does not prohibit tenants from changing their locks so it is assumed that they can do so if they get permission from the landlord. Landlo...
What are the responsibilities of a tenant in Texas?
Tenant Responsibilities in Texas. Apart from paying rent in a timely manner, Texas tenants must: Keep the unit in a safe and habitable condition. Keep fixtures clean and sanitary. Make small repairs and maintenance. Not disturb other tenants or neighbors.
How long does a landlord have to respond to a repair request in Texas?
In Texas, landlords are required to maintain a habitable unit and must respond to repair requests in a timely manner (7 days). If they do not, the Texas tenants have the right to make the repairs themselves and deduct the cost from future rental payments.
What happens if you break a lease in Texas?
Landlord harassment. Domestic violence, sexual assault, stalking. Texas tenants who break a lease may be liable to pay the remainder of the original lease agreement. Most landlords will allow tenants to sublease an apartment to take over this obligation.
What rights do landlords have?
Landlords also have certain rights, such as the right to collect rent on a regular basis and deduct for costs from damages that are beyond normal wear and tear.
What is a written lease in Texas?
In Texas, a written or oral lease exists when a landlord accepts regular payment for inhabiting property. According to Texas law ( TX Property Code Chapter 92 ), a lease grants certain rights to the tenant, such as the right to a habitable dwelling and the right to take at least one form of alternative action.
How long does a landlord have to give to fix an issue?
It is customary for landlords to give 3 days to fix the issue but not required. If the terms of the notice are not met, then the landlord may file for eviction. Illegal acts – If the landlord has documentation of illegal activities on the premises, then they may file a 3-Day Notice to Quit.
How long does a lease contract last in Texas?
Texas small claims court will hear rent-related cases valued up to $10,000. Residential lease contracts have a 4-year statute of limitations.
When can a city establish rent control ordinances in Texas?
In fact, Texas law only allows cities to establish local rent control ordinances when a state of disaster has been declared and the city finds that a housing emergency exists. The governor must approve the ordinance before it can go into effect.
How long does it take for a landlord to collect late fees in Texas?
Texas law allows landlords to collect "reasonable" late fees if any portion of the rent remains unpaid more than two full days after it was due. In order to collect this late fee, the landlord must have included notice of it in a written lease.
What is Chapter 92 in Texas?
This subchapter prohibits landlords from retaliating against a tenant for exercising a right given to them by law or by the lease, requesting repairs, complaining to a governmental agency about building, housing code, or utility problems, or participating in a tenant organization.
What happens if a landlord raises rent?
If a landlord is trying to increase the rent by too much, the tenant can either try to negotiate or choose not to renew their lease. Please note that a landlord cannot raise the rent to punish a tenant for exercising one of their legal rights.
What happens if a lease does not say how rent must be paid?
If the lease does not say how rent must be paid, the landlord cannot refuse to accept cash payments and must provide a written receipt.
What is the Texas Property Code 92.331?
Section 92.331 of the Texas Property Code describes unlawful landlord retaliation, not ing:
Can a landlord retaliate against a tenant?
Under this law, a landlord may not retaliate by: Filing eviction proceedings (unless in certain circumstances listed in Section 92.332, like when a tenant is behind in rent, has intentionally damaged the property, or remains in the property after their lease has ended); Depriving the tenant of use of the premises; Decreasing services to the tenant;
How long does it take to fix a tenant in Texas?
There's a big plus side for tenants in Texas in need of repairs: your landlord is legally required to fix the problem either immediately, in three days or seven days depending on the severity. That's much quicker than in most other states.
What happens if you leave a lease?
If you leave then you'd be entitled to a refund of your damage deposit, a pro rata refund of the amount of rent you already paid for that month and maybe even more damages if the problem was very severe.
Can you withhold rent in Texas?
You're not allowed to withhold rent in Texas until your landlord makes a repair—but they are required to fix the problem quickly. Although Texas law allows you to repair certain conditions and deduct the cost from your monthly rent payment, it does not allow you to simply withhold or reduce rent.
What percentage of renters in Texas were evicted in 2016?
The evictions make up slightly less than half of eviction filings, which were 4.77 percent of total renter homes in Texas in 2016, although the Eviction Lab believes the filing number is low due to missing data from rural parts of the state.
How long does a landlord have to refund a security deposit in Texas?
Security Deposit. Texas landlords have 30 days from the time the tenant vacates the property to refund a tenant's security deposit. Should the landlord retain all or part of the security deposit, the tenant should receive an itemized list and description of the deductions and costs.
How long do you have to give notice to evict a tenant in Texas?
In Texas, a landlord must provide three days’ notice to vacate a property before filing for eviction when there’s been a breach of lease or nonpayment of rent, and the landlord isn’t required to keep the tenant on if the breach is corrected. That means it's time to start looking for new housing on short notice.
How to avoid legal issues with a landlord?
But the best way to avoid legal issues with a landlord or possible eviction is to know in advance the steps to require a landlord to repair a safety hazard, return your security deposit or, in the worst-case scenario, successfully fight an unwarranted eviction.
What to do when your tenant rights are in question?
When your health or safety is in question, you may benefit from contacting a local tenant rights organization to help you properly phrase the request to your landlord. Scott Rose, landlord-tenant programs manager for the Austin Tenants’ Council, explains that often the council will reach out to landlords directly to explain what’s required of them. Some landlords are simply ignorant of their legal responsibilities, while others don’t seem to care, he says.
What is the Fair Housing Act?
Federal law protects against housing-related civil rights violations through the Fair Housing Act, passed in 1968 and amended to cover more protected classes. Currently, the Fair Housing Act restricts landlords from refusing housing or showing preferences to renters based on race, color, national origin, sex, familial status, religion or disability.
How to protect yourself as a tenant in Texas?
To best protect yourself as a tenant, be aware of the rights guaranteed to you by state and federal law before you find yourself facing a problem. Even when you do, however, there are ample resources throughout Texas to help you communicate effectively with your landlord to resolve an issue, seek legal guidance and fight eviction or loss of a security deposit.
What happens if a landlord withholds your deposit?
If the landlord withholds part or all of your deposit, they must give you an itemized list of deductions with a description of the damages. Normal wear and tear. The landlord may not charge you for normal wear and tear on the premises and may only charge for actual abnormal damage.
How long does it take to fix a tenant's rent?
Your landlord should make a diligent effort to repair the problem within a reasonable time after receipt of the notice. The law presumes seven days to be a reasonable time, but the landlord can rebut this presumption.
How to get a landlord to fix my house?
If the landlord won't make repairs needed to protect your health, safety, or security, and you follow the procedures required by law, you may be entitled to: 1 End the lease; 2 Have the problem repaired and deduct the cost of the repair from your rent; or 3 File suit to force the landlord to make the repairs.
What happens if a landlord doesn't make repairs?
If the landlord won't make repairs needed to protect your health, safety, or security, and you follow the procedures required by law, you may be entitled to: End the lease; Have the problem repaired and deduct the cost of the repair from your rent; or. File suit to force the landlord to make the repairs. §§ 92.056 and 92.0561.
What is the right to demand that a landlord repair a tenant's property?
Health and Safety. You have a right to demand that the landlord repair any condition that materially affects your physical health or safety. § 92.052. Justices of the peace have authority to order landlords to repair or remedy conditions affecting a tenant's physical health or safety, as long as the cost of the repair does not exceed $10,000.
How long can a landlord retaliate against you for a complaint?
Under Texas law, it is illegal for a landlord to retaliate against you for complaining in good faith about necessary repairs for a period of six months from the date you made such a complaint. §§ 92.331-92.335.
How to send a letter to a landlord?
Send the landlord a dated letter by certified mail, return receipt requested, or by registered mail, outlining the needed repairs. You may also deliver the letter in person. Keep a copy of the letter. Be sure that your rent is current when the notice is received.
How long can you hold on to rent in Hawaii?
Specifically in Delaware, only part of the rent may be withheld, and in Hawaii, the tenant can only hold on to 1 month’s rent.
What is implied warranty of habitability?
Each state has its own rules on what needs to be provided for living conditions in rentals to be deemed “acceptable”, known as the Implied Warranty of Habitability. Similarly, each state provides the corresponding remedies or actions that tenants may take in case the landlord fails to comply with this warranty.
Can you withhold rent?
Withholding Rent as a tenant’s option. Only a handful of states allow tenants to withhold rent and only upon certain conditions ( read more ).
Can you keep rent to yourself?
However, some states require succeeding payment of rent to be made to the court or in an escrow. That tenants are not automatically allowed to keep the rent to themselves. Some states require tenants to “tender” or make withheld rent payments to the local court.
Can a tenant keep all of the rent paid to the court?
The court will then decide if the tenant is allowed to keep some, or all, of the rent paid into the court, or if the amount held by the court should be paid to the landlord. Other states require tenants to pay withheld rent amounts into an escrow account, an account where funds are held for safekeeping until the landlord corrects the issue.
Why do you have to withhold rent?
If the damage was not the tenant’s fault and is impacting the liveable nature of the unit, they may be entitled to withhold the rent. A few reasons to withhold rent include when the property is in an uninhabitable condition. For example, if there are:
How Does a Landlord Get Withheld Rent Back Without Court Involvement?
When escrow is not necessary, arrangements between landlord and tenant will dictate how the money is distributed. The most likely outcome of the tenant withholding the rent will lead to the landlord making the repairs.
What happens if you don't pay back your rent?
If the tenant still doesn’t pay back, the landlord is entirely within their right to file an eviction lawsuit.
What happens if a tenant neglects to carry out a job?
If the tenant neglects to carry out jobs detailed in the lease and damage occurs, the tenant may be required to pay for the repairs. Conversely, tenants will be tasked with minor maintenance such as changing the lightbulb or switching out batteries in smoke detectors. Any feature of the unit that the tenant uses will need to be maintained by them.
Can a landlord make a tenant pay for repairs?
Under conditions like these a landlord cannot make a tenant pay for the repairs, instead, it falls upon the landlord to repair the property to a habitable condition as quickly as possible. Not doing so could find them in breach of the law as landlords are legally required to ensure their rental property is habitable.
Can you withhold rent in California?
Laws regarding withholding rent vary from state to state; however, in major states like California, New York, and Texas, it can be permissible under certain circumstances. Although there are many reasons a tenant might want to withhold rent, they will usually stem from a disagreement between tenant and landlord.
Can a tenant deposit money in escrow?
A tenant may not deposit money in escrow for aesthetic or cosmetic changes. The only deposits made are for damages impacting the tenant’s life, health, or safety.
What is the Texas landlord-tenant law?
§§ 91.001 to 92.355), the Texas landlord-tenant laws involve the rights and responsibilities that both landlords and tenants have regarding a rental agreement (also known as a lease agreement).
How long do you have to lease a house in Texas?
In the state of Texas, a lease agreement is only required for tenants who are planning to live in a rental property for more than 12 months. However, it's still recommended that landlords draft a lease agreement regardless of the amount of time the tenants are planning to stay on the property; this adds an extra layer of legal security to the process.
How long do you have to send an eviction notice in Texas?
According to Texas landlord-tenant laws, the landlord must send a three-day eviction notice before the tenant vacates. If a landlord wants to evict a tenant, make sure they follow all the laws for eviction and lease terminations in Texas.
How long is the grace period for late payments in Texas?
The average grace period for late payments in Texas is one day . This means that the tenant must pay rent within one day after the due date; otherwise, the landlord can declare the tenant in default or give them notice to vacate and start the eviction process.
What is quiet enjoyment in Texas?
In general, Texas tenants have the right to quiet enjoyment (peace and quiet) and general health or safety conditions within the rental property. As said before, if the landlord fails to comply with minimum health and safety measures, the tenant can seek legal advice.
How long do you have to provide a copy of a lease in Texas?
Texas state law also requires landlords to provide a copy of the entire lease document at least three days after the agreement ends , just in case there are any disputes and the tenant can't find the original.
What is Fair Housing Act?
The "Fair Housing Act" and the "Texas Department of Housing and Community Affairs" laws protect people who are discriminated based on their color, religion, familial status, race, etc. Tenants who feel discriminated by their landlord in any way can file a written complaint.
What is the Texas property code for breaking a lease?
Section 92.056 of the Texas Property Code requires a tenant to do the following before the landlord is considered to be liable to them, which would allow them to take certain actions like breaking the lease or deducting the cost of repairs from the rent:
How long does it take to fix a landlord's house?
Give the landlord a "reasonable" amount of time to make the repairs. Subsection (d) defines this as 7 days, although this can be challenged based on the severity of the problem and the availability of material and labor to fix it.
What is Chapter 92 in Texas?
This subchapter prohibits landlords from retaliating against a tenant for exercising a right given to them by law or by the lease, requesting repairs, complaining to a governmental agency about building, housing code, or utility problems, or participating in a tenant organization.
What is the Austin Tenants Council packet?
This packet from the Austin Tenants Council will help you demand repairs from your landlord. It contains two informational brochures, two sample repair request letters, two fill-in-the-blank repair requests, a fill-in-the-blank “Notice to Terminate” letter, and a fill-in-the-blank “Petition for Relief under Section 92.0563 of the Texas Property Code.”
What is the punishment for a tenant who complains about an apartment?
Some tenants fear that their landlord will punish them if they complain about problems with their apartment. This kind of punishment is called "retaliation." Section 92.331 of the Texas Property Code describes unlawful landlord retaliation, noting:
How to tell landlord about a problem?
Tell the landlord about the problem by giving notice to the person or place where rent is normally paid. This does not have to be in writing unless there is a written lease that says so. Give the landlord a "reasonable" amount of time to make the repairs.
Can a landlord retaliate against a tenant?
A landlord may not retaliate against a tenant by taking an action described by Subsection (b) because the tenant: (1) in good faith exercises or attempts to exercise against a landlord a right or remedy granted to the tenant by lease, municipal ordinance, or federal or state statute;
