A Guide to Renter Rights in Texas

In Texas, around 4 million people are renters. Being a renter comes with pros and cons, but many tenants struggle if landlords or property management companies do not respect the rights of their renters. A property that is not properly maintained can run into a lot of issues, such as pests, faulty wiring, or any other problems that can affect the health and safety of a renter. It is important to stay up to date with your renter rights in Texas, as well as resources and laws that can help you out in case you are facing issues such as landlord retaliation or other renter issues.

Your Renter Rights in Texas

One of the most important things a tenant can do is to stay informed about their rights. Understanding your renter rights in Texas can help you determine if your rights are being violated and if you can take appropriate action.

According to the Texas Property Code, some of your rights as a renter are:

• Habitable Dwelling: Your landlord is responsible for making repairs to elements of a rental property that affect health and safety, such as faulty wiring, pest infestations, mold, and others.
• Quiet Enjoyment: This right prevents landlords from disturbing their tenants and makes the landlord responsible for other tenants who create disturbances. However, it does not make a landlord responsible for disturbances by strangers or people who do not also rent from them.
• Security of Premises: A dwelling must be equipped with security devices such as window latches, keyed deadbolts on exterior doors, sliding door pin locks, sliding door handle latches, or sliding door security bars, and door viewers. These security devices must be installed at the landlord’s expense. If security devices are missing or defective, you have the right to request their installation or repair.
• Access to Utilities: A landlord may not interrupt or cause the interruption of utility service paid for directly to the utility company by a tenant unless the interruption results from bona fide repairs, construction, or an emergency.
• Tenant Rights Regarding Modifications and Alterations: People with disabilities have the right to ask the landlord to make reasonable accommodations in rules, policies, practices, or services if necessary for them to use the housing. Typically, the physical modification of a rental property, such as adding a ceiling fan or removing carpeting, is not allowed without prior written approval from the landlord. A tenant can be liable to the landlord for damages by making any such changes to the property.
• Tenant Rights Regarding Guests and Visitors: Tenants can have visitors unless specified on the lease. The lease will also include information on the limits of how long a guest can stay until they need to be formally considered a tenant.

Before you rent

Before you sign a lease for a rental property, it is especially important to go through it and ensure you understand what you are signing. Texas does not have any buyer’s remorse laws for leases, so once you sign a lease, you are legally bound to it. By reading your lease thoroughly, you will be able to understand common clauses and their expectations, such as rent amount, lease term, late fees, and termination procedures. This will allow you to absorb the information and decide if this is really the property you want to live in.

Landlord Retaliation

While in a lease agreement, depending on the relationship with the landlord, tenants may fear that they will face landlord retaliation if they report an issue, even in good faith. Luckily, the state of Texas has protections against landlord retaliation.

According to section 92.331 of the Texas Property Code, a landlord cannot take action against a tenant when the tenant:

• In good faith, exercises or attempts to exercise against a landlord a right or remedy granted to the tenant by lease, municipal ordinance, or federal or state statute.
• Gives a landlord a notice to repair or exercise a remedy under this chapter.
• Complains to a governmental entity responsible for enforcing building or housing codes, a public utility, or a civic or nonprofit agency, and the tenant claims a building or housing code violation or utility problem; and
• Believes in good faith that the complaint is valid, and that the violation or problem occurred

or

• Establishes, attempts to establish, or participates in a tenant organization

After you perform one of the protected actions listed above, Texas Property Code 92.331 is in effect and protects you for six months. At that time, your landlord cannot:  

• Evict you (unless in certain circumstances listed in Section 92.332, like when a tenant is behind in rent, has intentionally damaged the property, or remains in the property after their lease has ended).
• Deny your use of the premises.
• Decrease any services to you.
• Increase your rent.
• End your lease.
• Interfere with any other rights you may have under the lease.

If certain requirements are not met or you are being retaliated against, you may be able to take civil action against your landlord. In some cases, if the court believes you are being retaliated against, you can be entitled to:

• One month’s rent plus $500.
• Reasonable costs to move to another place.
• Attorney’s fees and court costs.
• Injunctive relief (this prevents a landlord from doing some action, such as increasing rent).

Texas Tenant Resources

Looking for help in another area? Below are Texas organizations dedicated to helping tenants gain control and knowledge over their rights.

• Austin Tenant’s Council 
• Basta Austin 
• Texas Tenants Union 
• Texas Attorney General’s Office – Consumer Protection Division 
• Housing Crisis Center 
• Fair Housing Program San Antonio 
• Texas Low-Income Housing Information Service 

Legal Help for Renters with Texas Legal

As a Texas Legal Member, free consultations with Texas Legal Attorneys are a part of your benefit plan. This allows you to meet with an attorney, gain legal knowledge, and receive guidance if you have a case related to your renter rights in Texas. To learn more about our plans, visit texaslegal.org or contact us today! To understand more about what Texas Legal covers, review our plan benefits. Protect yourself from life’s unexpected events with Texas Legal by your side.

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