Renting a property comes with rights and responsibilities for both tenants and landlords. While tenants must pay rent and follow the terms of their lease, Texas landlords must also meet legal obligations. Understanding those responsibilities can help tenants recognize when a problem needs attention and what steps to take when a landlord fails to act.
You need to know your rights under Texas law so you can help protect your health, safety and rental property.
A Safe and Habitable Home
One of a landlord’s most important responsibilities is maintaining a safe and livable property. In Texas, landlords generally must address conditions that affect a tenant’s physical health or safety within a reasonable time.
Some examples of issues that may require landlord intervention include:
- Major plumbing problems
- Heating or air conditioning failures that create unsafe conditions
- Electrical hazards
- Roof leaks
- Sewage backups
- Pest infestations
- Broken locks or other security issues
Breaking Down Repair Requests
Texas law outlines a process for requesting repairs. In most cases, tenants should notify their landlord about the problem and include enough detail to explain the issue. When requesting repairs, submit the request in writing and keep a record of every message with your landlord. You should also take photographs or videos of the problem in your unit.
If your landlord receives proper notice and fails to make the necessary repairs within a reasonable time, you may have legal options depending on the circumstances.
Property Maintenance
Landlords also have responsibilities related to the overall maintenance, upkeep and security of rental properties.
These obligations include:
- Maintaining common areas
- Providing locks on doors and windows where required
- Promptly addressing known safety hazards
- Keeping essential utilities operational
Security Deposits
Security deposits often create disagreements between landlords and tenants. In Texas, landlords must return a tenant’s security deposit within 30 days after the tenant surrenders the property.
However, landlords may deduct from the security deposit for:
- Unpaid rent
- Damage beyond normal wear and tear
- Other lease violations previously outlined
Normal wear and tear is not the same as property damage. In many cases, the landlord remains responsible for ordinary wear that happens through regular use. Minor carpet wear, light paint marks and small scuffs usually do not justify large deductions.
Tenants should document the condition of the property when moving in and moving out to help avoid disputes. Also, tenants should point out existing wear and tear at move-in so they can better protect their security deposit.
What Landlords Cannot Do
Just as you need to understand your landlord’s responsibilities, you also need to know what landlords generally cannot do in Texas.
Landlords typically cannot:
- Retaliate against tenants for exercising certain legal rights
- Remove a tenant without following the legal eviction process
- Shut off utilities as a form of punishment
- Enter the property without notice or in violation of the lease terms
When landlords bypass legal procedures, tenants may have grounds to seek legal help and review their options.
Tenant Tips
If you encounter a major issue with your landlord, proactive steps can make a major difference. First, make sure you have a copy of your lease agreement. Then, read it again so you understand what it says about repairs, notice, entry, deposits and lease violations.
When communicating with your landlord, submit important requests in writing and save every record of communication. Also, document maintenance issues with photos, videos, dates and written notes. Act quickly when problems arise.
Good documentation gives you one of the strongest tools for protecting your case. Still, if the problem continues or your landlord refuses to act, speak with an attorney who can help you understand your next step. Knowing your rights matters, but enforcing them can get difficult.
At The Johnson Law Firm, we help tenants understand their legal options and deal with complex landlord issues. If you have questions about a landlord’s responsibilities or believe your rights as a tenant have been violated, our team is here to help.
Contact The Johnson Law Firm today to discuss your situation and learn more.
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