Protecting the Rights of Tenants and Landlords in Lubbock

If you’re involved in a landlord-tenant dispute, the information below can guide you to where to get help

Lubbock landlord-tenant relationships are primarily governed by state laws outlined in the Texas Property Code. Chapter 92 addresses residential tenancies. There are no specific Lubbock municipal ordinances that alter state regulations, but both landlords and tenants should be aware of their rights and obligations. 

The Lubbock Apartment Association represents more than 30,000 multi-family and single-family rental units, and approximately 41% of Lubbock residents are renters. At the end of 2024, there were close to 1,400 available rental units in Lubbock, and the median rent was $1,399.

Renter’s rights under Lubbock, Texas law

A renter should sign a written lease agreement with their landlord. This assigns responsibilities and protections to each party and benefits everyone if a dispute arises. However, a renter may request to amend a lease if their circumstances change during the term of the agreement. A change should be in writing and signed by both parties.

Peaceful enjoyment of the premises

A tenant is entitled to “quiet enjoyment” of the property.

• You may not be evicted without cause, and the landlord may not disturb your right to live in peace and quiet; and 
• If other tenants or their guests disturb your right to quiet enjoyment, you may make a complaint to the landlord to resolve the issue. 
• The tenant must also respect other tenants’ rights. The lease might include quiet hours that restrict certain activities at specific times. Although some sounds are inevitable in spaces with shared walls, floors, or ceilings, each tenant is responsible for maintaining the space with an acceptable noise level. Footsteps, running water, etc., is to be expected; loud music or continuous dog barking is not.

Health and safety

A landlord must repair any condition that affects your physical health or safety. The landlord is not responsible for repairing a condition the tenant created unless it is a problem that arises from normal wear and tear. The landlord must provide working smoke detectors; the tenant may not disconnect or disable them.

Under Texas law, the landlord must include window locks, deadbolts on exterior doors, sliding door pin locks and handle latches or security bars, and door viewers. The landlord must install these devices at no expense to the tenant. 

A requested repair must be made within seven days of receiving written notice. If the landlord fails to do so, the tenant may terminate their lease and notify the landlord that it’s because of their failure to remediate a condition; file a lawsuit in justice, county or district court; or repair the problem and deduct the cost from the rent. However, the tenant must notify the landlord that they intend to repair the problem because the landlord has refused. The cost may not exceed one month’s rent or $500, whichever is higher.

Security deposit

The landlord may not refuse to return a security deposit without a valid reason; they may not deduct from the security deposit for normal wear and tear. The only reasons why a landlord may refuse to return the security deposit is for “actual abnormal damage.”

Legal options for Lubbock landlord-tenant disputes

If you’re in a dispute as a landlord or tenant, there are a few options to reach a satisfactory resolution.

1. Communication. The value of open communication between the landlord and tenant cannot be overstated. If each can approach the situation openly and respectfully, the parties are likely to reach an agreement with no further action.
2. Written notice. If there’s an issue that can’t be resolved through conversation, the tenant should provide the landlord written notice and request a specific remedy. The notice should be sent with proof of delivery (like certified mail) or in an email; be sure to maintain a “paper trail.”
3. Mediation. Mediation is often less costly than court proceedings, and it allows for an unbiased individual to assist the parties in reaching a mutually agreeable solution.
4. Small claims court. If the parties can’t agree, the complainant may file a claim in small claims court or district court as a last resort.

Legal resources for Lubbock landlord-tenant issues

• Legal Aid of NorthWest Texas
  
  Provides free civil legal services to low-income individuals, including assistance with landlord-tenant disputes.
  
  Lubbock office:
  916 Main St., Ste. 306, Lubbock, TX 79410
  806-696-4611
• Legal Aid Society of Lubbock
  
  Offers legal assistance in family and elder law matters at free or reduced cost to low-income clients.
• Texas Attorney General’s Office
  
  Provides information on tenant rights and can assist with complaints regarding rental issues.
• Tenants’ Rights Handbook
  
  Created by the Texas Young Lawyers Association and the State Bar of Texas. 
• Lubbock Apartment Association
  
  Provides resources and support for tenants, including guidance on resolving rental concerns.
• Lubbock County eviction information
  
  Offers details on the eviction process and tenant rights during eviction proceedings.

If you’re struggling with a rental-related issue in Lubbock, contact one of the agencies listed above or a Lubbock landlord-tenant attorney.