What A Landlord Cannot Do In Texas: Security Deposits, Late Fees And Lease Violation
October 29, 2024
Read MoreUnderstanding Texas landlord-tenant law is crucial for both parties. In this post, we explore essential topics like security deposits, utilities, and the rights of both, providing valuable, digestible insights for landlords and tenants.
Key takeaways:
Texas is a landlord-friendly state, and its landlord-tenant law governs rental agreements, outlining the rights and responsibilities of both parties. Key principles include:
There is no rent control in Texas, and regulations remain fairly consistent. But recent changes include more stringent rules around security deposits, increased requirements around notice for rent increases, and better accommodation for disabled tenants.
Landlords in Texas must provide essential utilities for their tenants, such as:
These are key components of habitable living conditions, and tenants can request repairs in writing if any of these are not provided.
If a landlord fails to address the issue swiftly, tenants can report that violation to local housing authorities, and even have the right to withhold rent or terminate the lease. Tenants also have the option to pursue legal action for damages.
As investor-friendly real estate agents in Texas, we advise all our clients on their responsibilities as landlords.
Landlords in Texas are not legally required to provide working air conditioning unless it is specified in the lease agreement. However, landlords must deliver habitable living conditions, and this may include functioning air conditioning in extreme heat.
Tenants will be advised to review their lease and consult housing regulations for specific requirements, so landlords should be aware of local regulations. If AC is a requirement, it needs to be maintained to prevent issues down the line.
A broken AC is not an issue for which a tenant can withhold rent in Texas. However, they can request repairs. If the landlord fails to address the issue, they may be able to seek legal recourse like breaking the lease or suing for damages.
Always consult the lease agreement and seek legal advice for any situation.
If you are a landlord with a rental property in Texas, you will collect a security deposit at the start of the tenancy. There are various things you can deduct from this security deposit, including:
You are not able to deduct from a security deposit for things like normal wear and tear or improvements to the property. You must provide a detailed, itemized statement of deductions within 30 days of the tenant moving out.
In Texas, landlords must return the security deposit within 30 days after the tenant moves out. If you are late in returning the security deposit, you could face legal penalties. This could amount to a fee up to three times the deposit amount plus court costs and attorney fees.
Tenants should leave a forwarding address, so make sure you request this when they vacate your property. This will help avoid delays and potential disputes over deductions.
In Texas, the eviction process usually begins with a three-day notice to vacate for failing to pay rent. If the tenant refuses to comply, the landlord can file an eviction lawsuit. Altogether, the court process usually takes around 2-3 weeks.
If an expedited eviction is sought, such as for lease violations or discovery of criminal activity, the process can be considerably faster. If the court rules in the landlord’s favor, the tenant may be forced to vacate within 24-48 hours.
In Texas, legal grounds for eviction include:
Evictions must follow due process, so it is illegal for landlords to do things like shutting off utilities or changing the locks. Tenants are protected by laws that require written notices and court orders for eviction.
Landlords in Texas have a responsibility to repair and maintain essential services like plumbing, heating, and electrical systems. Structural issues that affect safety and health, like leaks or broken windows, must also be addressed.
Even if you are struggling with repaying your rental property loans, you cannot neglect these repairs. Failure to keep up could be met with tenants withholding rent, deducting the costs of repairs from their rent, or even seeking court-ordered repairs.
Tenants in Texas are generally responsible for minor repairs and upkeep. This could include things like:
If they cause damage through negligence or misuse, they may be liable for those damages too. A mutual understanding of these responsibilities is helpful for a positive, cooperative relationship between tenants and landlords. We always encourage our clients to promote proper care of their properties through this kind of relationship.
In Texas, a landlord has the right to enter their investment property without the tenant’s permission in emergency situations where life or property are threatened. In any other circumstance, they must provide reasonable notice (usually 24 hours) to enter for things like:
Tenants have the right to refuse entry without proper notice, except in emergencies. This safeguard their privacy and the right to quiet enjoyment of the rented premises, as outlined in state law.
In Texas, landlords have to provide at least 24 hours’ notice before entering a property for any non-emergency reason like maintenance or inspections. Entry is permitted during reasonable hours and for the specific purposes as outlined in the lease agreement.
Tenants have the right to deny entry if proper notice is not provided. If a landlord enters a property unlawfully, it could result in penalties like damages and covering legal costs incurred by the tenant.
Landlords in Texas are generally responsible for pest control unless the tenant’s actions are responsible for the infestation. It is the landlord’s responsibility to keep the property in a habitable condition, including addressing infestations of pests like rodents or bedbugs.
Tenants must take responsibility for keeping the premises clean. Pest issues should be reported promptly. It is wise to implement preventative measures like sealing entry points and maintaining cleanliness. This way, landlords and tenants can work together to mitigate pest problems effectively.
In Texas, landlords are legally required to make certain disclosures. They include:
Terms related to rent, repairs, and maintenance responsibilities should be clearly outlined in the lease agreement. Tenants have the right to be provided a habitable dwelling, as well as privacy, and proper notice before entry. We can help you understand the disclosures and clauses if you are out clients, ensuring you adhere to legal standards as a landlord.
The lease renewal requirements in Texas vary by agreement. Typically, landlords must notify tenants about lease renewal terms at least 30 days before the current lease ends. If either party chooses not to renew the lease, the timeframe for doing so will be outlined in the lease agreement, and written notice must be provided.
Understand these requirements to plan accordingly for lease continuation/termination.
Landlords in Texas have an obligation to maintain a habitable property. Essential services like plumbing and heating must be kept in working order. Landlords must also adhere to lease terms when it comes to things like:
Failure to meet these obligations can lead to legal action from tenants. This could amount to withholding rent for repairs or seeking damages for breach of contract. Seek expert advice if you are uncertain of anything.
Tenants in Texas have certain responsibilities too, such as:
They are entitled to a habitable living environment, privacy, and proper notice before landlord entry. Tenants can also withhold rent for major repairs if the landlord neglects to act on them.
These rights and responsibilities are important in the landlord-tenant relationship. A strong mutual understanding helps maintain a respectful and fair arrangement.
With no rent control in Texas, landlords are free to increase rent at their discretion. Rental income is taxable at the federal level, but there is no state income tax, so adjusting rent is an important part of the free-market approach in the state.
Landlords must provide tenants with written notice before a rent increase, typically at least 30 days in advance (unless the lease specifies a longer term). Tenants have several options:
If a tenant in Texas can’t pay rent, landlords have the right to issue a notice to vacate after the grace period ends (usually 3 days). If the rent remains unpaid, landlords can file for eviction through the court.
Tenants have options to seek rental assistance through certain government programs. Or they may negotiate payment plans with you to avoid eviction, if you are open to it. If a tenant has a good history, you may want to give them options to find a solution if they are having financial difficulties.
In Texas, landlords can still pursue eviction in the event that partial rent is paid. It is your choice whether you are willing to accept the partial payment as full satisfaction of the rent owed. Keep lines of communication open with your tenant and document any agreements made to ensure records are complete.
In Texas, there is no state law that specifies the grace period for rent payments. This is usually determined by the terms of the lease agreement. Landlords and tenants should refer to the lease document to understand the specifics of the grace period allowed for rent payments.
Commercial landlord-tenant laws in Texas are very different from residential ones. Commercial leases usually involve longer terms and fewer tenant protections compared to residential leases.
Commercial tenants usually have fewer rights when it comes to lease terms negotiations and protections. Understanding these differences is very important for both landlords and tenants in commercial real estate transactions.
Come to us to find your investor-friendly real estate agents for both commercial and residential investment. We can provide expert insights and guidance for investors navigating the ins and outs of Texas landlord-tenant law.
There have been recent changes around security deposit limitations, notice for rent increase, repair and deduct policies, eviction protocols, and more. We can advise on any gaps in your knowledge.
Landlords can deduct things like unpaid rent, damages, and cleaning fees from a tenant’s security deposit. It’s very important to understand what can and cannot be deducted.