what a landlord cannot do in texas

3 min read 15-04-2025

Meta Description: Texas landlords have legal limitations. This comprehensive guide outlines what Texas landlords cannot do, covering issues like lease agreements, rent increases, entry restrictions, repairs, and evictions. Protect your rights as a tenant!

Introduction:

Renting in Texas? Understanding your rights as a tenant is crucial. This guide details what your landlord cannot legally do. Knowing these limitations empowers you to protect yourself from unfair practices. Landlords in Texas operate under specific laws; familiarity with these laws is your first line of defense.

Illegal Landlord Actions in Texas: Key Areas

Lease Agreements & Rent:

Illegal Lease Clauses: Landlords cannot include clauses in your lease that violate Texas law. For example, clauses waiving your rights or those imposing excessively high penalties are often unenforceable. Always review your lease thoroughly. If something seems unfair, consult a legal professional.
Unlawful Rent Increases: While landlords can increase rent, they must adhere to the terms outlined in your lease. Unannounced or excessive increases outside your lease agreement's stipulations are illegal. Your lease likely specifies the notice period required for rent increases.
Unjustified Eviction: Landlords can't evict you without following the proper legal procedures. This includes providing legally sufficient notice and going through the proper court process. Unjustified evictions are illegal and can have serious consequences for your landlord.

Entry & Privacy:

Unlawful Entry: Your landlord can't enter your apartment without proper notice, except in limited circumstances such as emergencies (fire, flood) or to conduct necessary repairs. The required notice period usually is at least 24 hours.
Violation of Privacy: Landlords are prohibited from entering your apartment without legitimate reasons and appropriate notice. They cannot use hidden cameras or otherwise invade your privacy.
Illegal Use of Security Deposits: Your landlord must keep your security deposit in a separate interest-bearing account. They can't use it to cover routine cleaning or normal wear and tear. You have rights when it comes to your security deposit.

Repairs & Maintenance:

Failure to Make Necessary Repairs: Texas law requires landlords to provide and maintain habitable housing conditions. This includes addressing issues that affect health and safety (e.g., plumbing leaks, faulty electrical wiring). If your landlord fails to make necessary repairs after reasonable notice, you may have legal recourse.
Retaliatory Actions: Your landlord cannot retaliate against you for reporting needed repairs or for exercising your other tenant rights. This includes raising your rent, threatening eviction, or initiating other unfavorable actions.

Discrimination:

Illegal Discrimination: Texas Fair Housing laws protect against discrimination based on race, color, national origin, religion, sex, familial status, or disability. Landlords cannot refuse to rent to you or discriminate against you in any aspect of tenancy because of these protected characteristics.

What to Do if Your Landlord Violates Your Rights

If you believe your landlord is violating your rights, here are some steps to consider:

Document Everything: Keep a record of all communication, including dates, times, and descriptions of the issues. Take photos or videos of any damage or violations.
Send a Written Notice: Send a formal letter to your landlord outlining the violation and requesting action. Keep a copy of the letter for your records.
Contact the Appropriate Authorities: Consider contacting your local housing authority or a tenant rights organization.
Seek Legal Counsel: Consult with a tenant rights attorney or legal aid organization if you need assistance.

Conclusion

Knowing your rights as a tenant in Texas is essential for protecting yourself from unfair or illegal landlord practices. Being aware of what a landlord cannot do empowers you to stand up for yourself and ensure a safe and lawful tenancy. Remember to thoroughly review your lease and consult legal professionals if you have any doubts or concerns. Protecting your tenant rights is a crucial aspect of your rental experience in the Lone Star State.