Tenant and Landlord Duties in Texas

Did you know Texas landlords have a duty to provide an itemized list of deductions from security deposits?

It might seem like landlords hold all the cards, but guess what? As a tenant, you’ve got a pretty strong hand yourself, thanks to a bunch of laws passed by the Texas legislature.

This guide will walk you through your rights and responsibilities as a tenant. Whether you’re about to sign your first lease or you’re a seasoned renter facing a landlord-tenant dispute, we’ve got you covered.

Introduction to residential lease laws

The landlord-tenant relationship is governed by two things:

• The terms of the lease, and
• The Texas Property Code (specifically, chapters 91 and 92).

To fully understand your rights and responsibilities, the lease agreement is your starting point. However, it’s important to remember that this agreement must comply with the regulations set forth in the Texas Property Code. 

For any matters not explicitly covered in your lease, the Texas Property Code will serve as your guide. 

The Texas Property Code is long and complex, so we’ll highlight the most crucial landlord duties and tenant responsibilities. While we aim to highlight the most prevalent issues, it’s important to consult the Texas Property Code directly for a comprehensive understanding of all applicable rules and regulations.

Landlord duties in Texas

Let’s begin by exploring five of the key responsibilities that Texas residential landlords must fulfill.

1. Implied warranty of habitability: In Texas, all residential leases include an implied warranty of habitability. This warranty ensures that the rental is in good repair and free from serious defects that might affect your health and safety. This includes making sure the rental meets basic structural, health, and safety standards, such as adequate heating, plumbing, and electrical systems. This warranty cannot be waived. 
2. Implied warranty of quiet enjoyment: In every lease, you have the right to quiet enjoyment of the premises. This means that the landlord cannot disturb your use and enjoyment of the premises. Here are some common ways in which landlords breach the implied warranty of quiet enjoyment:
   • Preventing the tenant from entering the premises
   • Entering the premises without notice (in non-emergency situations)
   • Changing the door locks without notice
   • Interrupting the tenants utilities
   • Failing to respond to noise complaints
3. Maintenance and repairs: Texas landlords have a duty to make repairs. The lease should specify how and when repairs will be made, which party is responsible for the costs, and how repair cost reimbursements will be handled by the parties.
   
   Regardless, a landlord must make a “diligent effort” to repair or remedy a condition if:
   • The tenant gives the landlord proper notice and a reasonable time to repair it. 
   • The tenant is current with rent. 
   • The condition that needs to be repaired materially affects the physical health or safety of an ordinary tenant.
     
     Notably, the tenant does not have a duty to repair any condition caused by the tenant or a guest of the tenant, unless the condition was a result of normal wear and tear.
4. Security deposit: Within 30 days from the date the tenant moves you, the landlord must return the security deposit, less any appropriate deductions, and provide a written description and an itemized list of damages and charges.
5. Non-discrimination: Landlords in Texas must adhere to fair housing laws, which prohibit discrimination based on race, color, national origin, religion, sex, familial status, or disability. For example, landlords cannot refuse to rent, impose different terms or conditions, or otherwise treat tenants unfairly based on these protected characteristics.

Tenant responsibilities in Texas

You might have come across this article because your landlord did something that upset you or failed to do something you expected. However, it’s important to remember that tenants also have responsibilities. Not meeting these can affect your ability to ensure your landlord fulfills their obligations. 

Let’s look at the top five responsibilities you, as a tenant, should always keep in mind.

1. Timely rent payment: Tenants are contractually obligated to pay their rent on time. The failure to do so may lead to late fees or eviction proceedings. A landlord may not collect a late fee for a tenant’s failure to pay rent by the due date unless: 
   • The late fee is specified in the lease,
   • The fee is reasonable, and
   • The rent has not been paid for at least two full days after the date it was originally due. 
2. Maintain a clean and sanitary environment: Tenants are responsible for keeping their rental until reasonably clean and sanitary, and for disposing of garbage in an appropriate manner. 
3. Reporting maintenance and repair needs: Tenants must promptly notify their landlord of any maintenance or repair needs within the rental property. Doing so in writing is not only required, but is wise in the event you need to take legal action down the road. 
4. Follow the rules outlined in the rental agreement: The rental agreement is a contract. Tenants are required to adhere to the terms and conditions outlined, assuming these terms and conditions don’t violate any laws. This may include restrictions on smoking, noise levels, pets, or alterations to the unit. Failure to comply with the terms of the rental agreement may result in penalties or termination of the rental agreement. 
5. Withholding: In Texas, it’s against the law for a tenant to not pay any part of the last month’s rent by claiming the security deposit should cover it.
   
   If a tenant does this, they are:
   • Considered to have acted in bad faith, and
   • Could owe the landlord three times the unpaid rent plus the landlord’s legal costs to get the rent back.

Legal options to resolve landlord-tenant disputes

If a landlord or tenant violates their obligations under Texas property laws, there are several ways to address the problem:

• Direct communication: The first step should always be open discussion and negotiation between the landlord and tenant. Ideally, your issue can be resolved through a respectful conversation with your landlord.
• Written notice: If the dispute can’t be resolved through a conversation, you should send a written notice detailing the issue and requesting a specific remedy. For instance, if a landlord neglects necessary repairs, you should send a notice demanding the repairs be completed promptly.
  
  When sending a notice or any other important communication, be sure to use certified mail with a return receipt requested. This method provides evidence that the recipient received the notice. 
• Mediation: Both parties might consider mediation as a way to settle disputes. Mediation can be less expensive than court proceedings. 
• Legal action: If other methods fail to resolve the issue, the aggrieved party may pursue legal action in small claims court or district court. 
• Seeking help from local agencies: In some situations, tenants may reach out to local housing agencies for assistance. Texas offers various resources for tenants through local housing authorities and legal aid organizations that can provide guidance and support.

Remember, knowledge is power, especially when it comes to navigating the waters of residential leasing. For those seeking more detailed information on specific legal provisions or dispute resolution mechanisms, consider consulting with an experienced landlord-tenant attorney.