The City of Dallas provides extra protections for tenants. Currently, the Fair Housing Act restricts landlords from refusing housing or showing preferences to renters based on race, color, national origin, sex, familial status, religion or disability. You can also contact the Better Business Bureau or your local tenants council. This section allows a tenant whose landlord did not install, inspect, or repair a smoke alarm in accordance with the law the right to break the lease without going to court. If you cannot resolve the problem satisfactorily, you may wish to consult an attorney. Under Texas law, you must give the landlord a forwarding address in order to receive your returned security deposit. The Texas Low Income Housing Information Service does not provide individual assistance to tenants but their website does provide information on tenants' rights, how to fight back, and prevention. Because Texas does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Specific sections cover the residential landlord's responsibility and liability for repairs, retaliation, the rental application, evictions, security deposits, lockouts, smoke alarms, utility cutoffs, and many other topics. Many cities in Texas have their own landlord-tenant laws in addition to the state requirements. Here you will find information specific to tenants. Interactive Q&A: What are renters' rights in Texas? - FOX 4 News Dallas In Rollins experience, tenants often not only lose the entirety of their security deposit to claimed charges from the landlord, but also people will get demand for extra payment, she says. Youre late on your rent payment for your apartment in Houston, but before you have the opportunity to hand the check to your landlord, you receive a notice to vacate the property in three days. From their website: "Counselors can discuss concerns involving evictions, repairs, security deposits, utilities billing and termination, code violations, lease disputes, occupancy standards and other related issues. The Tenants' Rights Handbook [PDF] from the Texas Young Lawyers Association and the State Bar explains: However, landlords can charge you a reasonable reletting fee for having to prepare the dwelling for reletting and having to redo paperwork. Is it OK to love a home without a garage? If you feel your health has been harmed due to hazardous mold exposure, talk with an experienced personal injury lawyer immediately. Evictions - Landlord/Tenant Law - Guides at Texas State Law Library See a list of bills from the 88th Regular Session that will become law immediately. Free. The lease may set out the exact amounts of fees a landlord can charge when the lease is ended early. Tenants' Rights Handbook | Texas Law Help Court holds hearing and issues judgment. Of course, you can always be evicted if you fail to pay your rent on time, threaten the safety of the landlord, or intentionally damage the property. This section allows tenants who are survivors or the parents of survivors of certain sex offenses and stalking offenses to terminate a lease without liability. Once squatters move in your house, homeowners' rights often forgotten Discriminatory Acts & Penalties: The Texas Department of Housing and Community Affairs handles issues relating to housing discrimination. A tenant should be very careful when making a decision to end a lease early. On this page, you will find a general overview of landlord/tenant law, tenants' rights, and a list of organizations that may be able to provide more assistance and information. For instance, if a tenant signed a lease that said only 24 hours' notice is required to terminate the lease, that is legal. Seven days is generally considered a reasonable amount of time. They also have to provide this information upon written request and whenever it changes. Your Child Support And The Federal Stimulus Payment, How to Request an Attorney General Opinion, Have the problem repaired and deduct the cost of the repair from your rent; or. Unless the need for repair was created by normal wear and tear, the landlord does not have a duty to repair problems caused by you, another lawful occupant, a member of your household, or your guests. Yet the forecast they were getting from the maintenance person didnt look promisingbasically a dismissive message that said it didnt look like anything was really wrong with the A/C, despite the fact that it was blowing warm air. But is it worth the cost? Landlord Tenant Laws by State [2023]: Renter's Rights & FAQs Some landlords are simply ignorant of their legal responsibilities, while others dont seem to care, he says. https://guides.sll.texas.gov/landlord-tenant-law, State Bar of Texas Lawyer Referral Service, Section 91.001 of the Texas Property Code, Texas Notice Requirements to Terminate a Month-to-Month Tenancy, Section 91.006 of the Texas Property Code, Tenant's Right to Break a Rental Lease in Texas. Feature Temperatures are reaching historic highs across Texas this week, and many tenants may wonder if their landlord is responsible for providing air conditioning in their homes. What are renter's rights in Texas? | wfaa.com While laws protecting tenant rights are in place in the Lone Star state including guaranteeing habitable conditions experts say court processes and allowances to landlords may create more of a hindrance than a help to renters. If the tenant has signed a lease saying only 24 hours notice is necessary, that shorter notice can be held up in court. You can drink it in at this over-the-top, holiday-themed pop-up bar in Grapevine, Drive-by shooting against Fort Worth home injures juvenile, Fort Worth police say, High heat and humidity the rest of the week, El Reporte del Tiempo en Dallas-Fort Worth: Aviso de calor excesivo. If you use your membership for even just a few hours a year you could easily save over $1,000. The Texas Tenants' Union in Dallas provides free weekly tenants' rights workshops, organizing assistance, counseling, training, and referrals. Last Updated: It must have occurred in the previous 6 months. This section allows tenant who is the survivor of family violence to break a lease and move out without risk of liability. They must notify the landlord in writing of their wish to have the smoke alarm installed or repaired before doing so. This pamphlet from the State Bar of Texas and Texas Young Lawyers Association provides an easy-to-understand overview of tenants' rights at all stages of the rental process from selecting a rental to termination and move out. U.S. Department of Housing and Urban Development 451 7th Street, S.W., Washington, DC 20410 T: 202-708-1112 Owners of property (such as your landlord) could potentially be held responsible for health effects you are able to prove you suffered due to exposure to hazardous conditions on the property. The amount of notice is not specified in the law, and terms of access usually depend on whats in the lease. This article discusses your rights to repairs as a tenant. Please take our patron satisfaction survey! Keep the unit in a safe and habitable condition. These programs are provided by the Austin Tenants Council which can be contacted here. They must then move out of the rental. If your water bed leaks and the carpet becomes mildewed as a result, you may be charged. But the last time we had property tax relief items on a ballot, in November 2021, both of them passed by wide margins, with 87% and 88% support, respectively. Heres what you need to know about tenant rights in Texas. Many leases require a 30-day notice as a condition of returning your deposit. This non-profit organization serves the San Antonio area as well as many other counties -- including the Rio Grande Valley -- in south Texas. The site also provides links to tenant and legal aid organizations. If not provided, in many cases tenants can pay for the lock installation themselves and deduct the cost from rent. My information sharing settings. The law says that landlords in Texas have a duty to remove conditions that materially affect the physical health or safety of an ordinary tenant if all of the following are true: Read the law here: Texas Property Code 92.056. This legal research guide provides information about landlord and tenant law that is helpful to both the practitioner and the public looking for legal information. The landlord may not charge you for normal wear and tear on the premises and may only charge for actual abnormal damage. You may also deliver the letter in person. Texas HOA Laws (2023): State Rules & Regulations for HOAs You must follow specific stepswhich are explained hereto preserve your legal rights when there is mold in a rented residence. File suit to force the landlord to make the repairs. There are specific laws that provide protection for tenants. Landlords and tenants can agree on a minimum notice period for a rent increase in the lease agreement. This means your landlord cannot evict you without cause or otherwise disturb your right to live in peace and quiet. Can a landlord evict me just because I have a disability? If the terms of this notice are not met, the landlord may shut off the utility. Your landlord should make a diligent effort to repair the problem within a reasonable time after receipt of the notice. Language translation assistance Resources for displaced families with children Transitional homelessness housing A tenant who believes their landlord punished them for exercising their rights under the law can use this form from Texas Law Help to file a lawsuit. Writ of possession is issued. If you try this method, the landlord may file suit against you. Texas law does not say how much notice must be given to a landlord if the lease is not a month-to-month lease. It is their goal that the distribution and use of the handbook will explain many of the questions and legal issues that arise in a landlord-tenant relationship. In addition to that, there is a landlord/tenant law guide book in Texasthat contains a lot of information, including guidance on what should be considered mandatory maintenance and what might not qualify. This page from TexasLawHelp.org addresses the rights of renters after a disaster. All Rights Reserved. Texas law states that a landlord must make a diligent effort to repair a problemif it "materially affects the physical health or safety of an ordinary tenant." But the best way to avoid legal issues with a landlord or possible eviction is to know in advance the steps to require a landlord to repair a safety hazard, return your security deposit or, in the worst-case scenario, successfully fight an unwarranted eviction. State lawmakers passed the law after a North Texas homeowners' association barred landlords from renting to Section 8 tenants. This title from Nolo provides plain English information on leases and rental agreements.