What a Landlord Cannot Do in Texas: Key Laws and Tenant Rights

Understanding what a landlord cannot do in Texas helps tenants know their rights and responsibilities. This guide covers landlord limitations, harassment laws, 2024 rental law updates, and factors that make a lease invalid.

Also Read: https://texasevictionteam.com/texas-evictions-dallas-fort-worth

What a Landlord Cannot Do in Texas

Texas law sets boundaries on landlord actions to protect tenants. Here are some prohibited actions:

1. Enter Without Permission

Texas does not specify a notice period for landlord entry, but landlords cannot enter a rental property without tenant permission unless in emergencies.

2. Change Locks Without Notice

Changing locks to force tenants out is illegal. Landlords must notify tenants before changing locks and provide new keys promptly.

3. Disconnect Utilities

Landlords cannot cut off utilities like water, electricity, or gas to force tenants to vacate. This is considered an illegal eviction tactic.

4. Evict Tenants Without Proper Process

Evictions require legal procedures. Landlords must issue written notice and follow court-approved eviction processes if tenants refuse to leave.

5. Discriminate Based on Protected Classes

Discrimination against tenants based on race, religion, gender, familial status, or disability is prohibited under the Fair Housing Act.

6. Ignore Essential Repairs

Landlords are required to fix health or safety hazards, such as plumbing, electricity, or heating issues. Failing to address repair requests violates tenant rights.

What Is Landlord Harassment in Texas?

Landlord harassment involves actions intended to pressure or intimidate tenants. Common examples include:

Excessive, unannounced visits.
Threats or verbal abuse.
Raising rent unfairly or without notice.
Deliberately delaying repairs.
Withholding security deposits without valid reasons.

How to Handle Landlord Harassment

Document incidents with dates and details.
Communicate concerns in writing.
Report the issue to local housing authorities.
Seek legal assistance if harassment persists.

New Rental Laws in Texas (2024)

The 2024 rental laws in Texas introduce several changes benefiting tenants and clarifying landlord responsibilities:

1. Extended Notice for Rent Increases

Landlords must provide at least 30 days’ notice before increasing rent, ensuring tenants have adequate time to adjust.

2. Security Deposit Returns

Security deposits must be returned within 30 days after tenants move out. Deductions require a detailed explanation.

3. Streamlined Eviction Timelines

Eviction timelines have been clarified to prevent delays and ensure fairness for both landlords and tenants.

4. Privacy Improvements

Although not mandatory, landlords are encouraged to notify tenants before entering a property, fostering transparency.

What Makes a Lease Invalid in Texas?

A lease must meet Texas legal standards to be enforceable. Here are reasons a lease could be deemed invalid:

1. Illegal Clauses

A lease with provisions waiving tenant rights, such as the right to repairs or legal recourse, is unenforceable.

2. Missing Essential Information

A lease lacking critical details like property address, rental amount, or lease duration is incomplete and invalid.

3. Verbal Agreements for Long-Term Leases

Leases exceeding one year must be in writing to comply with Texas law.

4. Violations of Local or State Laws

Leases that contradict Texas housing regulations or safety codes are invalid.

Also Read: https://texasevictionteam.com/texas-evictions-dallas-fort-worth

FAQs About Landlord-Tenant Laws in Texas

1. Can a landlord evict a tenant immediately in Texas?

No. Landlords must provide written notice, usually a three-day notice for non-payment of rent, before initiating eviction procedures.

2. What should tenants do if repairs are ignored?

Tenants can send a formal written request and report unresolved issues to local housing authorities or small claims courts.

3. Are late fees enforceable in Texas?

Yes, but only if clearly stated in the lease agreement.

4. Can landlords restrict pets?

Landlords can enforce pet restrictions, but service and emotional support animals are protected under the Fair Housing Act.

5. Is verbal agreement binding for short-term leases?

Verbal agreements for leases shorter than a year can be enforceable, but written contracts are highly recommended for clarity.

Conclusion

Knowing what a landlord cannot do in Texas empowers tenants to protect their rights and address illegal practices. Landlords must respect tenant privacy, follow proper eviction procedures, and adhere to repair obligations. For disputes, tenants should document incidents, seek legal help, and report issues to relevant authorities. By staying informed, tenants can enjoy a fair and safe rental experience.