Key Takeaways
- Texas Law Defines Clear Rights and Responsibilities for Both Landlords and Tenants: Chapter 92 of the Texas Property Code outlines legal obligations, including lease compliance, maintenance standards, rent payments, and proper notice requirements for lease termination.
- Landlords Must Provide Required Disclosures and Follow Legal Procedures: Texas law mandates specific disclosures (e.g., lead paint, emergency contacts), a two-day grace period before late rent fees, and proper procedures for evictions, rent increases, and security deposit handling.
- Fair Housing Compliance and Lease Clarity Are Essential: Landlords must adhere to federal and state fair housing laws and ensure lease agreements clearly define rules around property entry, repairs, and tenant responsibilities to avoid legal issues.
Chapter 92 of the Texas Property Codes grants both landlords and tenants certain rights and responsibilities after establishing a rental agreement.
Rental agreements run for a specific length of time and can be periodical or fixed-term. During this time, both parties must abide by all terms of the lease agreement. Failure to do so would constitute a breach, leading the party in violation of the agreement to deal with certain repercussions.
In today’s blog, Keyrenter DFW Mid-Cities will walk you through the important basics of the Texas landlord-tenant law. This is essential in ensuring legal compliance when renting out a property.
Required Landlord Disclosures in Texas
Texas landlord-tenant law requires landlords to make certain information known to the tenant before they move into the property.
Some of the disclosures include the following:
- A 24-hour phone number that the tenant can use to report emergencies.
- Concentrations of lead-based paint for homes built before 1978.
- Names and addresses of the party tasked with managing the unit. This can be the property owner, a property manager, or even a real estate agent.
- Any parking rules and restrictions in multi-unit complexes.
- Amount of fees charged for late rent payment.
Texas Tenant Rights & Responsibilities
Some of the basic rights tenants in Texas have include the following.
Tenants have the right to:
- Be provided with the aforementioned disclosures before moving into the premises.
- Live in a habitable home, and have requested repairs made within 7-14 days.
- A proper eviction process.
- Have the security deposit refunded, minus any allowable deduction, within 30 days after moving out.
- Be accorded fairness as per the fair housing laws in Texas.
- A mandatory 2-day minimum grace period before rent is considered late.
- Advance notice before a periodic tenancy, such as month-to-month, can be terminated.
When it comes to responsibilities in Texas, tenants must.
- Abide by all terms of the lease agreement.
- Keep the unit habitable.
- Handle small repairs as per the lease.
- Use the fixtures reasonably and for their intended purposes.
- Promptly inform the landlord of any repairs or maintenance work needed in their rented units.
- Maintain the neighborhood’s peace.
- Leave the property in the move-in condition, aside from normal wear and tear.
- Move out or renew the lease after it expires.
Texas Landlord Rights & Responsibilities
Texas landlord-tenant law also grants landlords certain rights and responsibilities after establishing a lease with a tenant. These rights include:
- Not renewing the lease after it has expired.
- Evicting a tenant who has failed to uphold the terms of the lease agreement, such as paying rent.
- Screening prospective tenants, as long as the process is fair and consistent among all applicants.
- Charging tenants a security deposit as part of the initial move-in costs.
- Holding a tenant liable for all due rent under the lease if they break their fixed-term lease unjustifiably.
- Increasing the rent amount without any limit.
- Entering the rented premises to perform needed or requested repairs.
As for the responsibilities, landlords in Texas must:
- Only rent out units that meet the state and local habitability codes.
- Draft a lease that aligns with the state- and local landlord-tenant laws.
- Abide by fair housing rules, which require that tenants be treated fairly regardless of certain protected classes.
- Grant tenants a mandatory 2-day grace period before charging a late fee (if any).
- Hold the tenant’s security deposit as per the state’s security deposit rules.
- Follow the proper removal process when evicting a tenant for a lease violation.
An Overview of the Landlord-Tenant Laws in Texas
Security Deposits
As a savvy landlord, you know the importance of requiring tenants’ security deposits. Holding a tenant’s security deposit does come with some responsibilities:
- You can only make allowable deductions.
- You must return the deposit within 30 days, minus any applicable deductions.
Landlord Entry
As a landlord, you have a right to enter rented premises for legitimate reasons. Examples of such reasons include: repairs and maintenance, inspections, emergencies, and to show the unit to prospective tenants.
Some states specify the minimum notice period landlords should provide tenants before entry. In Texas, however, the amount of notice isn’t outrightly specified in law so it is a good idea to specify it in the lease agreement.
Lease Termination
Either party in a rental agreement can initiate lease termination. Regardless, the party initiating the process must serve the other with the appropriate notice.
To end a month-to-month tenancy, for instance, a 30-day advance notice is mandatory.
Tenants in fixed-term leases can also initiate early termination if they have a legitimate reason. Examples of valid reasons include active military duty, uninhabitable unit, or domestic violence.
Housing Discrimination
Landlords in Texas must abide by the statewide anti-discrimination law to maintain their property in a legal and ethical manner. The Fair Housing Act prohibits discrimination based on certain protected classes, including race, sex, color, religion, and nationality.
The state agency that handles issues relating to housing discrimination is the Department of Housing and Community Affairs.
Conclusion
With all this in mind, now you’re ready to rent out your Texas property. Next, begin marketing the property and choose the best tenant from the prospective pool. If you do it right, you’ll set yourself up for a successful landlording journey.
Alternatively, you can let Keyrenter DFW Midcities do everything for you! We are a top-notch choice for property management services in Irving, TX, and its surrounding areas. Contact us today to learn more!
Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.