1. What basic rights do tenants have under Texas law?
Tenants have the right to a safe and habitable home, proper notice before eviction, privacy and quiet enjoyment, fair lease enforcement, and protection from retaliation and discrimination.
2. What makes a rental property “uninhabitable” in Texas?
Conditions that materially affect health or safety—such as no running water, sewage problems, unsafe electrical systems, mold, broken locks, or pest infestations—may violate habitability laws.
3. How do I properly request repairs from my landlord?
Repairs generally must be requested in writing, sent to the address listed in the lease, and must clearly describe the issue. Tenants should keep copies of notices, photos, and communication records.
4. How long does a landlord have to make repairs?
Texas law requires repairs within a “reasonable time,” which depends on the severity of the issue. Emergency conditions usually require prompt action.
5. Can my landlord evict me without going to court?
No. A landlord must give proper notice, file an eviction case, obtain a court judgment, and use a constable or sheriff for removal. Lockouts or utility shutoffs without a court order are illegal.
6. What are common defenses to eviction?
Defenses may include improper notice, landlord failure to make required repairs, retaliation, rent accounting errors, discrimination, or the landlord’s breach of the lease.
7. When must my security deposit be returned?
Landlords must return the deposit within 30 days after move-out. If deductions are made, an itemized written list must be provided.
8. What can a landlord legally deduct from a security deposit?
Permissible deductions include unpaid rent (if owed), damage beyond normal wear and tear, and charges specifically authorized by the lease. Routine wear and maintenance cannot be deducted.
9. What if my landlord withholds my deposit in bad faith?
Tenants may be entitled to recover the deposit, statutory damages, court costs, and possibly attorney’s fees if the landlord violates Texas law.
10. What counts as housing discrimination?
Discrimination based on protected characteristics—such as race, religion, disability, familial status, or national origin—at any stage of renting may violate federal and Texas fair housing laws.
11. Do landlords have to allow disability accommodations?
Yes. Landlords must provide reasonable accommodations or allow reasonable modifications for tenants with disabilities when necessary for equal use and enjoyment of the property.
12. What is landlord retaliation, and is it illegal?
Retaliation occurs when a landlord takes adverse action—like eviction or rent increases—because a tenant requested repairs, reported unsafe conditions, or exercised legal rights. Retaliation is illegal under Texas law.
13. How can I prove retaliation or discrimination?
Timing, documentation, written communication, and consistent records are key. If negative action follows shortly after asserting tenant rights, retaliation may be presumed.
14. When should I contact a tenant rights attorney?
You should seek legal guidance if you receive an eviction notice, experience ignored repairs, have a deposit withheld, face retaliation or discrimination, or have serious lease disputes.
15. How can an attorney help with tenant disputes?
An attorney can review notices and leases, enforce repair rights, defend against eviction, recover deposits, address discrimination or retaliation, and protect your housing stability.
