1. What rights do tenants have under Texas law?

Texas tenants have the right to a safe and habitable rental property, protection from illegal eviction, proper handling of security deposits, freedom from discrimination and retaliation, and enforcement of lease terms under Texas law.

2. What does “habitability” mean for a rental property?

Habitability means the rental unit must be safe and fit for living. Landlords must address conditions that materially affect a tenant’s health or safety, such as lack of water, electrical hazards, sewage issues, roof leaks, mold, broken locks, or pest infestations.

3. How do I properly request repairs from my landlord?

Tenants should usually provide written notice describing the problem and send it to the address listed in the lease. Keeping copies, photos, and proof of delivery is critical if a dispute arises.

4. Can I withhold rent if my landlord refuses to make repairs?

Generally, no. Withholding rent without following strict legal procedures can lead to eviction. Texas law provides specific remedies, but tenants should seek legal guidance before taking action.

5. How much notice must a landlord give before evicting a tenant?

In most cases, a landlord must give a written Notice to Vacate, usually at least 3 days, unless the lease specifies otherwise. A landlord cannot legally remove a tenant without a court order.

6. What is considered an illegal eviction in Texas?

Illegal evictions include lockouts without proper notice, shutting off utilities, removing doors or windows, or forcing a tenant out without a court judgment. These actions may give tenants legal claims against the landlord.

7. When must my landlord return my security deposit?

Landlords generally must return the security deposit within 30 days after move-out, along with an itemized list of deductions if any money is withheld.

8. What can a landlord legally deduct from a security deposit?

Landlords may deduct for unpaid rent or damage beyond normal wear and tear. They cannot deduct for ordinary wear, routine cleaning, or maintenance costs.

9. Can my landlord retaliate against me for requesting repairs or reporting violations?

No. Texas law prohibits retaliation when a tenant acts in good faith to request repairs, report code violations, or exercise tenant rights. Retaliation may include eviction threats, rent increases, or reduced services.

10. What qualifies as housing discrimination?

Housing discrimination includes unfair treatment based on protected characteristics such as race, color, religion, national origin, sex, disability, or familial status (having children). Refusing reasonable disability accommodations may also be illegal.

11. Can a lease override my rights under Texas tenant law?

No. Lease agreements cannot waive or override tenant protections provided by Texas law or federal fair housing laws.