Texas Landlords and Tenants: What You Need to Know

Social media and HGTV have over-glamorized real estate investment as an easy, get rich quick scheme. One thing they’ve never focused on is the importance of understanding rights and responsibilities as a landlord or tenant. Whether you’re leasing out a property or signing a lease, knowing Texas’ legal framework is essential. It helps prevent disputes, protects your investment, and ensures a smooth rental experience. Today, we’re talking about Texas Landlords and Tenants.

The Landlords and Tenants Guide by the Texas A&M Real Estate Center (RECenter) is a must-have resource that outlines everything you need to know about rental laws in Texas. In this blog post, we’ll highlight some key takeaways from the guide and why it’s important to have a copy on hand.

Key Takeaways

1. Understanding Lease Agreements

A lease is a legally binding contract that outlines the terms and conditions of a rental arrangement between a landlord and a tenant. The Texas A&M Real Estate Center’s Landlord and Tenants Guide provides a detailed breakdown of what a lease should include to ensure clarity, compliance with Texas law, and protection for both parties.

Having a comprehensive lease agreement helps prevent misunderstandings and legal disputes between landlords and tenants. It ensures that both parties understand their rights and obligations, creating a smoother rental experience. Additionally, Texas law has specific requirements regarding rental agreements, and ensuring compliance can protect both landlords and tenants from potential legal issues.

2. Security Deposits and Refunds

Many disputes arise over security deposits. The guide explains the proper handling of deposits, including what landlords can deduct for damages and the timeline for returning deposits after a lease ends. Tenants can also learn how to protect their deposit by documenting the property’s condition at move-in and move-out.

Furthermore, the Fair Housing Act imposes additional responsibilities on Landlords in relation to service and emotional support animals. Landlords who are unaware of these laws, could face potential housing discrimination complaints with the US Department of Housing and Urban Development.

3. Landlord Responsibilities and Tenant Rights

Under Texas law, landlords are required to maintain rental properties in a safe and habitable condition for tenants. This legal obligation is outlined in the Texas Property Code and further explained in the Texas A&M Real Estate Center’s Landlord and Tenants Guide. It ensures that tenants have a livable environment while also defining how and when landlords must address repairs and maintenance issues. This includes:

The property must have a functioning plumbing system with access to hot and cold running water.
Landlords must maintain heating systems in working order, especially during colder months.
While A/C is not legally required, if it is provided in the lease, it must be kept in working condition.
All electrical wiring, outlets, and fixtures must be safe and functional.
The building must be structurally sound, with a roof, walls, doors, and windows that protect against weather conditions and intruders.
If an infestation occurs due to the landlord’s failure to maintain the property, they may be responsible for pest control.
Texas law requires landlords to provide working smoke detectors in rental units.

Tenant Rights Regarding Repairs

If a rental unit has a repair issue that affects health or safety, Texas law gives tenants specific rights to request repairs and, if necessary, take action if repairs are not made. Tenants must follow a proper process to ensure legal protection:

Notify the Landlord in Writing. Notices must be delivered via certified mail, return receipt requested or another verifiable method. It must clearly describe the repair issue and state that the tenant expects the problem to be fixed within a reasonable time.
Allow Time for Repairs. Under Texas law, landlords generally have seven days from the date of notice to make necessary repairs. The timeframe may vary based on the severity of the issue.
Keep Documentation. Tenants should keep copies of repair requests, emails, and text messages as proof of communication.

What Happens if the Landlord Fails to Make Repairs?

If the landlord does not address serious health and safety repairs after proper notice, tenants have legal options:

Withholding Rent. Texas law does not allow tenants to withhold rent as a first course of action. However, if a landlord fails to make repairs, a tenant may have other options.
“Repair and Deduct” Remedy. Tenants may have the right to pay for the repair themselves and deduct the cost from their rent if: The problem affects health and safety (e.g., broken plumbing, no heat, unsafe wiring). The landlord failed to act within seven days after proper notice. The repair costs do not exceed one month’s rent or $500 (whichever is greater). Important: This remedy applies only to certain serious repairs and must be done legally. The tenant should keep receipts and documentation of the work completed.
Breaking the Lease Without Penalty. If a unit becomes uninhabitable and the landlord refuses to make essential repairs, the tenant may be able to terminate the lease early without penalty.
Filing a Lawsuit for Damages. Tenants can sue the landlord in Justice Court (Small Claims Court) for: The cost of repairs (if the repair-and-deduct option was not viable). A court order requiring the landlord to make repairs. Possible monetary damages if the landlord acted in bad faith.

Exceptions and Landlord Defenses

There are certain circumstances where a landlord may not be required to make repairs:

If the tenant caused the damage. The landlord is not responsible for repairing issues that result from tenant negligence or misuse.
If the tenant is behind on rent. In many cases, a landlord is not obligated to make non-essential repairs if the tenant has not paid rent.
If the lease has a written agreement stating otherwise. Some leases may specify different procedures for repairs, though they must still comply with Texas law.

4. Evictions and Lease Violations

Evictions in Texas must follow a strict legal process to ensure that both landlords and tenants are treated fairly under the law. The Landlord and Tenants Guide outlines the necessary steps a landlord must take before removing a tenant from a rental property, as well as the legal rights tenants have when facing eviction.

For landlords, following proper eviction procedures helps avoid costly legal disputes, delays, or potential lawsuits for wrongful eviction. Texas law requires landlords to provide formal notices, file eviction lawsuits correctly, and obtain a court order before removing a tenant. Failing to follow these steps can lead to claims of illegal eviction, financial penalties, and damage to the landlord’s reputation. By understanding the law, landlords can handle tenant disputes professionally and minimize risks while maintaining compliance with Texas regulations.

For tenants, knowledge of eviction laws helps protect them from being wrongfully removed from their homes. Some landlords may attempt to bypass legal procedures by changing locks, shutting off utilities, or using intimidation tactics—actions that are illegal under Texas law. Tenants who understand their rights can recognize unlawful eviction attempts and take appropriate legal action if necessary. Additionally, being informed about eviction procedures allows tenants to respond properly to notices, negotiate solutions, or defend themselves in court when necessary.

This knowledge empowers tenants to seek fair treatment while ensuring that they fulfill their lease obligations. Ultimately, when both landlords and tenants understand eviction laws, the process remains transparent, disputes are minimized, and both parties can navigate rental issues with confidence and legal protection.

5. Special Considerations

Finally, the guide also covers unique situations, such as lease termination due to military service, disability accommodations, and what happens when a rental property is sold during a lease. Understanding these unique situations is essential because they introduce legal protections and exceptions that differ from standard lease agreements.

Military Tenants

Under the Servicemembers Civil Relief Act (SCRA), active-duty military tenants can terminate a lease early without penalty if they receive deployment orders or relocate for service. This federal law protects service members from unfair rental obligations when duty calls. Landlords must be aware of this regulation to avoid violating federal law, while tenants in the military should understand their rights to ensure they properly notify their landlords and provide the required documentation.

Disability

Disability accommodations ensure that tenants with disabilities are not discriminated against and have equal access to housing. The Fair Housing Act (FHA) and Americans with Disabilities Act (ADA) require landlords to provide reasonable accommodations. This may include allowing service animals despite a no-pet policy or making minor property modifications, such as installing grab bars in a bathroom.Understanding these laws helps landlords avoid legal liability and ensures they foster an inclusive rental environment.

Sale of Property

Additionally, when a rental property is sold during a lease, both tenants and landlords must know their rights and obligations. In most cases, the lease remains legally binding, meaning the new property owner must honor the existing lease terms until the contract expires. However, if the lease includes an early termination clause, the tenant may be required to vacate under specific conditions. Understanding these provisions helps landlords plan property sales appropriately and ensures tenants are not unlawfully forced out of their homes.

By addressing these unique situations, the Landlord and Tenants Guide helps both parties navigate less common but legally significant scenarios, reducing misunderstandings and ensuring compliance with applicable laws.

Why You Should Download the Guide

This summary provides a brief overview, but the full Landlords and Tenants Guide offers more details. It includes in-depth explanations, real-life scenarios, and references to Texas property laws. Landlords can use it to protect their investments. Tenants can rely on it to ensure their rights are upheld. This guide is an invaluable tool for both.

📥 Download your copy here: https://trerc.tamu.edu/wp-content/uploads/2023/10/Landlord-and-Tenants-Guide.pdf

Have questions about rental properties in Texas? Whether you’re looking to invest in a rental home or need advice on leasing, I’m happy to help! Feel free to reach out anytime.