Renting a home or apartment in Austin places both tenants and landlords under clear legal duties set by the Texas Property Code and applicable federal housing laws. In a competitive and fast-growing rental market like Austin, disputes over repairs, lease enforcement, evictions, and deposits are common—especially when tenants are unfamiliar with their legal protections.
The Austin Office of the Law Office of Bryan Fagan, PLLC helps tenants throughout Austin and Travis County understand their rights and take action when landlords fail to meet their legal obligations. Whether you are dealing with unsafe living conditions, an eviction notice, or a lease dispute, knowing the law can help you protect your housing and your finances.
Tenant Rights Under Texas Law
Texas law provides tenants with several important rights designed to ensure fair treatment and safe housing.
Right to a Safe and Habitable Rental Property
Landlords must provide and maintain a rental unit that is safe, sanitary, and fit for living. This includes:
- Working plumbing and running water
- Proper sewage and drainage
- Safe electrical systems
- Functional heating (and cooling if provided)
- Secure doors, windows, and locks
- Structural safety (no dangerous leaks, collapses, or hazards)
If a condition materially affects a tenant’s health or safety, the landlord generally has a legal duty to fix it after proper notice.
Right to Request Repairs
Tenants have the right to request repairs for serious conditions that impact health or safety. Once proper notice is given, landlords must make repairs within a reasonable time.
Common repair issues include:
- No water, hot water, or electricity
- Mold or moisture problems
- Roof leaks or flooding
- Pest infestations
- Broken locks or security devices
- Sewage backups or plumbing failures
Failure to make required repairs may give tenants legal remedies under Texas law.
Right to Privacy & Quiet Enjoyment
Landlords may not enter a rental unit whenever they choose. Except for emergencies, landlords must follow lease terms and Texas law regarding notice before entry. Repeated or improper entry may violate a tenant’s right to quiet enjoyment.
Right to Protection from Illegal Eviction
A landlord cannot legally evict a tenant without a court order. Illegal eviction actions include:
- Locking a tenant out without proper notice
- Shutting off utilities
- Removing doors or windows
- Harassing or forcing a tenant to leave
Tenants subjected to illegal eviction may have legal claims against the landlord.
Right to Protection from Retaliation
Texas law prohibits landlords from retaliating against tenants who act in good faith by:
- Requesting repairs
- Reporting code violations
- Exercising legal rights
- Joining or organizing tenant groups
Retaliation may include eviction threats, rent increases, or reduced services.
Landlord Obligations in Texas
Landlords in Austin and throughout Texas must comply with legal duties that cannot be waived by lease terms.
Maintain Health & Safety Standards
Landlords must repair conditions that materially affect health or safety after receiving proper notice from the tenant.
Follow Proper Eviction Procedures
To evict a tenant, a landlord must:
- Provide proper written notice
- File an eviction case in Justice Court
- Obtain a court judgment
- Use a constable or sheriff for removal
Skipping any step may render the eviction illegal.
Handle Security Deposits Correctly
Landlords must return security deposits within 30 days after move-out, minus lawful deductions, and provide an itemized list of any deductions.
Honor Lease Agreements
Landlords are bound by the lease and must:
- Follow rent and fee terms
- Provide agreed-upon services
- Respect lease duration and renewal provisions
Unilateral changes may violate Texas law.
Common Tenant Issues in Austin
Tenants in Austin frequently experience:
- Delayed or ignored repair requests
- Improper eviction notices
- Wrongfully withheld security deposits
- Retaliation after reporting unsafe conditions
- Lease disputes involving fees or renewals
Early legal guidance can help prevent these issues from escalating.
How the Austin Office Can Help
The Law Office of Bryan Fagan, PLLC assists Austin-area tenants with:
- Repair and habitability disputes
- Eviction defense
- Security deposit recovery
- Lease enforcement and interpretation
- Retaliation and discrimination claims
Our Austin Office understands Travis County courts, local rental practices, and Texas tenant-protection laws.
When to Contact an Austin Tenant Lawyer
You should consider legal guidance if:
- Your landlord ignores serious repair requests
- You receive an eviction notice
- Your security deposit is withheld unfairly
- You experience retaliation after asserting your rights
- Your landlord violates the lease or Texas law
Early legal advice can protect your housing and financial interests.
Austin Tenant Law Support from Bryan Fagan, PLLC
The Law Office of Bryan Fagan, PLLC is committed to protecting tenants throughout Austin and Travis County. Our Austin Office provides knowledgeable, tenant-focused guidance to help renters enforce their rights and hold landlords accountable under Texas law.