Understanding Your Rights and Responsibilities as a Residential Tenant in Texas

Renting a home can be a convenient and flexible living arrangement, but it's essential to understand your rights and responsibilities as a tenant. In Texas, tenant rights are protected under state law, ensuring you have a safe and fair rental experience.

In Texas, parties are allowed to freely contract, including in lease contracts (Churchill Forge, Inc. v. Brown, 61 S.W.3d 368, 370, 373 (Tex. 2001)). However, Texas has implemented some tenant safeguards over the years. Here's a non-comprehensive guide to help you navigate the complexities of renting in the Lone Star State.

Key Rights of Tenants in Texas

1. Right to a Habitable Living Space

   • Landlords must provide a safe and habitable living environment. This includes maintaining the property and making necessary repairs to ensure it meets health and safety standards. However, Texas does not require a landlord to provide air conditioning or heating but may require the landlord to repair them if they were provided at the time the lease was signed.

2. Protection Against Eviction and Rent Increases

   • During the term of the lease, tenants cannot be evicted without proper cause and notice. Landlords must follow legal procedures, including providing written notice and, if necessary, obtaining a court order.

3. Privacy Rights

   • Landlords must respect your privacy and provide reasonable notice before entering the rental property, except in emergencies.

4. Right to Fair Treatment

   • Discrimination based on race, color, national origin, religion, sex, familial status, or disability is prohibited under both state and federal fair housing laws.

Common Responsibilities of Tenants

1. Paying Rent on Time

   • Timely rent payment is crucial. Late payments can result in fees or eviction. Ensure you understand the rent due date and any grace periods specified in your lease. If rent is not timely paid, your landlord has the right to withhold certain repairs and may begin eviction proceedings even before the grace period expires.

2. Maintaining the Property

   • Tenants are responsible for keeping the rental unit clean and undamaged. Report any maintenance issues to the landlord promptly to avoid further damage. The tenant’s duty to maintain the rental unit extends to changing light bulbs and air filters.

3. Complying with Lease Terms

   • Adhere to the terms outlined in your lease agreement, including rules about pets, noise, and occupancy limits. It is wise to read through the lease once or twice before you sign and obtain legal counseling if needed.

4. Notifying Landlord of Intent to Move

   • Provide proper notice if you plan to move out. The notice period is typically specified in the lease agreement, often 30 days but may be longer. Provide written notice of your new address to your landlord so that the landlord may provide you with the accounting/return of your security deposit.

Tips for Resolving Disputes with Landlords

1. Communicate Early

   • If you are having trouble making your payment or notice an issue with the rental unit, let your landlord know as soon as possible. It is our experience that landlords are willing to assist as best as they can if lines of communication are open.

2. Communicate Clearly

   • Address issues directly with your landlord through written communication. Keep records of all correspondence. If using email to communicate, create a new email chain for each issue so that issues remain clear. In text communications, do not abbreviate, use texting lingo, or fail to use proper punctuation. If sending pictures of an issue with the rental unit, use a ruler or measuring tape to give context to size or location.

3. Know Your Lease

   • Familiarize yourself with the lease terms and your rights under Texas law. This knowledge can help you negotiate and resolve disputes effectively.

4. Legal Assistance

   • If disputes escalate, seek legal advice. Organizations like Texas RioGrande Legal Aid offer free legal services to eligible tenants.

Understanding Lease Agreements

Before signing a lease, carefully review the terms and conditions. Look for clauses related to:

• Rent amount and due date

• Security deposit and conditions for its return

• Maintenance responsibilities

• Termination and renewal policies

• Any additional fees or charges

Resources for Tenants

• Texas Tenant Advisor: Provides information on tenant rights and responsibilities.

• Texas RioGrande Legal Aid: Offers free legal services to low-income tenants.

• Texas Department of Housing and Community Affairs: Provides resources and assistance for renters.