Landlord--Tenant

Under Texas law, whenever the owner (landlord) of a house, apartment, room, or any other living space agrees to let someone else (tenant) use the space for a fee, the two parties enter into a legally binding rental contract. General contract principles are discussed in the Contract Law Chapter. Rental contracts are a special class of contracts that are governed by many unique rules. This section discusses the laws applicable to rental contracts.

Leases

The terms of any rental agreement are stated in the lease. A lease can be an oral agreement or a written document. A lease establishes or modifies the terms, conditions, rules, or other provisions regarding the use and occupancy of the rental property. There are two general types of leases: the periodic lease and the lease for a definite term. If the lease is an agreement to rent the property for an unspecified length of time, it is considered a periodic, or month-to-month lease. A periodic lease continues for a specific time period and automatically is renewed at the end of the period for an indefinite time without a specific end date. For example, parties may agree on a month-to-month lease without specifying how many months the renter will stay. The lease continues until one party terminates it. If the periodic lease does not specify when or how notice is to be given, the parties must follow state law. Under Texas law, if the rental period is at least one month, the tenancy terminates on the later of the day given in a notice for termination or one month after the day on which a notice for termination is given. If the rental period is less than one month, the tenancy terminates on the later of the day given in a notice of termination or the day after the expiration of the period beginning on the day on which notice is given and extending for a number of days equal to the number of days in the rental period. In lieu of these statutory notice requirements, a landlord and tenant can agree on a different period of notice to terminate or can agree that no notice is required. Such an agreement must be in writing and signed by both parties. A tenant is liable for rent only up to the date of termination, even if this does not correspond to the end of a rental period.

A term lease is a rental agreement specifying a definite time period. For example, a lease for one year is a term lease. Term leases are almost always written. If the parties to the lease do not state when and what kind of notice is required, the lease automatically ends on the last day of the time period.

Security Deposits

A landlord has the right to insist that a renter pay a security deposit before moving in. The security deposit is used to pay for any damage beyond ordinary wear and tear that the tenant might do to the rental property, or to satisfy any debts between the tenant and landlord. The deposit cannot be used by the renter to pay rent. There is no limit to how much the landlord may require for a security deposit. The landlord may increase the security deposit at any time during a periodic lease if the tenant is given proper notice, which generally is one rental period plus one day. If the lease is a term lease, no changes may be made to the deposit until the lease comes up for renewal or the parties agree otherwise.

At the end of the tenancy, the landlord must return the deposit within 30 days to the forwarding address provided in writing by the renter. A requirement that a residential tenant give advance notice of termination as a condition for refunding the security deposit is effective only if the requirement is underlined or is printed in conspicuous bold print in the lease. Before returning the security deposit, the landlord may deduct the amount of the deposit necessary to repair damages (beyond normal wear and tear) and any charges for which the tenant is legally liable under the terms of the lease or as a result of breaching the lease. The landlord then must give any remaining balance of the security deposit to the tenant with a written description and itemized list of all deductions.

Repairs

Landlords are required to keep rental property in reasonable repair. If a condition materially affects the physical health or safety of a tenant, the landlord is required to make a diligent effort to repair or remedy the condition if the tenant gives the landlord notice of the condition and the tenant is not delinquent in the payment of rent when the notice is given. The tenant's notice must be in writing only if the tenant's lease is in writing and requires written notice. This repair and remedy requirement generally may not be waived by the parties, but a landlord and tenant may agree that the tenant can make repairs at the landlord's expense. If the parties have not made some contrary agreement, the landlord remains responsible to make repairs. If the landlord refuses to make repairs, the tenant has several options.

Call an Inspector

The renter may call local fire, health, housing, or energy inspectors to investigate whether there is a code violation in the unit. Often, an inspector's report of a code violation or a notice that the condition materially affects the health or safety of tenants is enough to convince a landlord to correct problems. The law provides protection for a renter if the owner attempts to evict the renter in retaliation for calling an inspector.

Repair and Deduct

If a landlord fails to repair or remedy a problem after notice by the tenant to the landlord of the problem, the tenant may be able to have the problem repaired or remedied and then deduct the cost from a subsequent rent payment. Prior to using this option, the tenant must give the landlord written notice that he or she intends to use the repair or remedy option and a description of the intended repair or remedy. Note, however, that this option is only available for specific serious conditions contained in the Texas Code. If this option is available to a tenant, the tenant's deduction for the cost of repair or remedy may not exceed the amount of one month's rent under the lease. Repairs and deductions may be made as often as necessary so long as the total repairs and deductions in any one month do not exceed one month's rent.

Judicial Remedies

A tenant also may sue a landlord who fails to repair or remedy a condition after proper notice. Such an action may be brought in the justice, county, or district courts, but the justice courts may not order repairs. In such a civil action, the court can: issue an order directing the landlord to take reasonable action to repair or remedy the condition; issue an order reducing the tenant's rent, from the date of the first repair notice, in proportion to the reduced rental value resulting from the condition until the condition is repaired or remedied; enter a judgment against the landlord for a civil penalty of one month's rent plus $500; enter a judgment against the landlord for the amount of the tenant's actual damages; and award the tenant court costs and attorneys' fees.

Terminate the Lease

A tenant may terminate a lease for a failure of a landlord to repair or remedy only after taking several steps. The tenant first must have given the landlord proper notice to repair or remedy the condition. The landlord then must have had a reasonable time to repair or remedy the condition. The tenant then must give subsequent written notice to the landlord stating that the tenant intends to terminate the lease. The tenant must not be delinquent in the payment of rent at the time either of the notices are given. The tenant then may terminate the lease if the condition is not repaired or remedied within seven days after the tenant's notice of intent to terminate. The tenant is entitled to a pro rata refund of rent from the date of termination or the date the tenant moves out, whichever is later. The tenant also may deduct the tenant's security deposit from the tenant's rent or obtain a refund of the tenant's security deposit. A tenant who elects to terminate a lease for the failure of a landlord to repair or remedy is not entitled to the repair and deduct remedies or the judicial remedies discussed above.

Eviction

Under no circumstances may a landlord forcibly remove a tenant from rental property. In order to get a tenant out of a rental unit, the landlord must bring a lawsuit called a forcible detainer or forcible entry and detainer against the tenant. Legitimate grounds for bringing a suit include nonpayment of rent, breach of a lease, or refusal to leave a unit after the tenancy expires.

If the occupant is a tenant under a written lease or oral rental agreement, the landlord must give the tenant at least three days' written notice to vacate the leased premises before the landlord files an action for forcible detainer, unless the landlord and tenant contract otherwise in a written lease or agreement. A landlord who files a forcible detainer suit on the grounds that the tenant is holding over beyond the end of the rental term or renewal period also must comply with the termination requirements discussed above in the Leases section.

A justice of the peace court in the precinct in which the property is located has jurisdiction in forcible detainer actions. If the landlord wants to recover attorneys' fees in a forcible detainer lawsuit, the landlord must give the tenant a written demand to vacate the premises by registered or certified mail at least ten days before the date the action is filed. The landlord then may recover his or her attorneys' fees if he or she prevails in the lawsuit and either the written lease entitles the landlord to recover attorneys' fees or the written demand to vacate indicated that the landlord could recover attorneys' fees if the tenant did not vacate the premises before the 11th day after the date of receipt of the notice. The prevailing party in a forcible detainer action also is entitled to recover all court costs.

A landlord who prevails in a forcible detainer action is entitled to a judgment for possession of the premises and a writ of possession. The writ of possession orders the officer executing the writ to deliver possession of the premises to the landlord, including, if necessary, physically removing the tenant and his or her property from the premises. If a tenant's personal property is placed in storage, the tenant may recover this property within 30 days by paying the reasonable costs of moving and storage of the property. After 30 days, the tenant's property may be sold to satisfy the moving and storage charges.

Tenant's Rights

Tenants enjoy a number of rights, even if those rights are not specified in the rental contract. The tenant has a right to quiet enjoyment of the premises, which means that the landlord may not interfere illegally or unreasonably in the tenant's life, just because the landlord owns the property. A renter has the right to use the rented premises in any way, as long as it is legal.

Privacy

Generally, a landlord may enter a tenant's unit only with the tenant's consent, except in an emergency. After a tenant has given notice of termination, a landlord has the right to enter the unit to show it to prospective renters. A landlord also may enter for a "reasonable business purpose," such as maintenance, only after giving the tenant reasonable notice. If a landlord fails to get permission or give notice, the landlord is trespassing and may be sued in court. The tenant whose privacy rights have been violated may recover damages.

Access

Tenants have a right of access to the property they rent. It is illegal for a landlord to lock a tenant out of his or her unit without a court order, unless the exclusion results from bona fide repairs, construction, emergency, removing the contents of premises abandoned by a tenant, or changing the door locks of a tenant who is delinquent in paying at least part of the rent. Although a landlord may change the door lock of a tenant who is delinquent in paying rent, the landlord must follow all the procedures and notices required by law and must provide a new key upon request without the payment of delinquent rent. A tenant who is unlawfully locked out may either recover possession of the premises by going to court or terminate the lease. In addition, the tenant may recover from the landlord a civil penalty of one month's rent plus $500, actual damages, court costs, and reasonable attorneys' fees, less any delinquent rent or other sums for which the tenant owes the landlord.

Sublease

Subleasing is having someone else take over a tenant's rights and obligations under a lease before the original lease expires. Under Texas law, a tenant may not sublet a unit to any other person without the prior consent of the landlord. A landlord may, however, waive the right to prior consent. If subletting is allowed and the new tenant does not pay rent, damages the unit, leaves before the lease expires, or breaches another condition of the lease, the landlord may hold the original tenant responsible. The original tenant then may sue the new tenant for those costs.

Utilities

Landlords are forbidden under Texas law from shutting off or causing the interruption of utilities, except in bona fide emergencies or for repairs or construction. Electrical service also may be shut off in specific instances as allowed by law. A tenant whose electricity, water, or heat are terminated because the landlord has failed to pay the bills has several options. A tenant may pay the utility company to reconnect or avert the cutoff of utilities. The tenant may deduct from his or her rent the amounts paid to the utility company to reconnect or avert a cutoff. Or, a tenant may terminate the lease if the termination notice is in writing and the tenant will move out within 30 days from the date he or she has notice from the utility company of a future cutoff or notice of an actual cutoff, whichever is sooner. The tenant also may recover any actual damages, including moving costs, utility connection fees, storage fees, and lost wages, as well as court costs and attorneys' fees.

Energy Crisis Program

The Texas Department of Housing and Community Affairs is the supervising state agency for the energy crises program. The Department provides grant money to utility companies and to households in cases of undue hardship. The beneficiaries of the grant money must be persons who are in imminent danger of having utility service terminated, are experiencing other energy-related and supply shortage emergencies, or meet federal poverty income guidelines. Priority is given to the elderly and disabled.

Discrimination in Housing

Federal and Texas laws prohibit home sellers and landlords from discriminating on the basis of race, color, religion, sex, familial status, national origin, or disability. Federal law provides additional protections against discriminating on the basis of other factors, such as age. In Texas, landlords generally cannot discriminate against children unless the building is intended to provide housing for elderly persons.