What a Landlord Cannot Do in Texas: A Quick Guide

If you’re a landlord in Texas, here’s some good news: the Texas property code tends to favor the investor or landlord. However, you should familiarize yourself with Texas landlord-tenant laws to avoid legal trouble. While you’d want to maximize your cash flow, you should know the basics of Texas law to ensure you adhere to your landlord’s responsibilities.

Before you start purchasing properties or offer to manage some, here are some fundamental rules and things you cannot do as a landlord in Texas:

#1: A Service Member Isn’t Allowed to Get Evicted Without a Court Order

Let’s say you’re leasing an apartment to an active-duty service member, and there’s been unpaid rent for two or three months already. While the usual landlord-tenant law stipulates that you’d have the right to evict that person, you can’t do so if your tenant is rendering active duty service.

According to the Servicemembers Civil Relief Act (SCRA), landlords are prohibited from evicting active-duty service members and their dependents without securing a court order. This federal law authorizes eligible people to postpone an eviction lawsuit for at least three months. The court may also allow the rent payment to be changed so the service member can make the payment while focusing on active duty service.

This protection applies for non-payment reasons. If the military tenant breached the lease agreement by bringing in a pet when prohibited, the SCRA doesn’t exempt that military tenant from eviction.

SCRA protections apply if the military tenant signed the lease agreement before being deployed or called to active duty. They must present evidence they’re eligible for SCRA protections.

#2: The Federal Fair Housing Act Prohibits Discrimination

As per the federal Fair Housing Act or FHA, landlords in Texas aren’t allowed to turn away potential tenants based on their sexuality, national origin, race, skin color, handicap, or familial status. Fair housing laws mandate that fairness is observed so eligible tenants can find the rental property they seek.

However, this doesn’t mean that absolutely anyone can be offered a rental agreement in Texas. The landlord can refuse to provide a rental unit if they discover the tenant had displayed bad behavior in their previous place. This may mean not paying rent on time, disturbing discoveries from a background check, or a bad credit history.

#3: The Texas Property Code Stipulates That a Landlord Can’t’ Retaliate Against a Complaining Tenant

Maintaining professional relations with Texas tenants is essential in the Lone Star state. According to Texas law, one of the most vital aspects is retaliation. Landlords cannot seek revenge upon tenants who’ve exercised their rights.

What kind of behavior are landlords prohibited from? Let’s say the tenant complains about normal wear and tear in the property. The landlord should always ensure that their rental units meet health and safety standards and cannot take adverse action if the tenant complains.

Prohibited actions include decreasing tenant services, evicting the tenant for reasons not grounded in the lease agreement, and unfairly increasing rent charges. The Texas Property Code stipulates that tenants are permitted to speak up if their concerns are legitimate and should not be afraid of the possible consequences of speaking up.

Complying with Texas landlord-tenant laws is vital, and proper communication between tenants and landlords can ensure all issues are somewhat addressed promptly. Texas law perceives retaliation as a severe tenant rights violation, and landlords may face legal consequences if found guilty.

#4: Ignoring Safety and Health Requests is Prohibited

Texas landlords must attend to tenant repair requests, significantly if these repairs can impact the tenant’s health and safety. Fundamentally, Texas landlords are required to attend promptly to requests concerning broken plumbing, air conditioning or heating issues, structural damage, faulty wiring, or pests infestations.

Landlords are expected to respond to these requests for necessary repairs within a reasonable timeframe, around a week after they acknowledge receipt of the request. Ignoring such requests can have legal repercussions if the landlord fails to perform their duties. Hence, attending to requests isn’t just a matter of goodwill but a mandate under the law.

#5: Withholding Security Deposits is Illegal

In Texas, it is strictly prohibited to unlawfully withhold the tenant’s security deposit. Property owners or landlords must return the deposit within 30 days of vacating the premises. However, the tenant should have provided a forwarding address for this legal obligation to be met.

The landlord can deduct from the security deposit if there is unpaid rent, damages beyond the normal wear and tear, or other fees stipulated in the lease agreement. If the landlord reduces the security deposit returned to the tenant, they must provide an itemized list alongside the amount the tenant is owed within the 30-day waiting period.

Failure to revert the amount can not only damage the landlord-tenant relationship but grants the tenant the right to sue the property manager up to thrice the amount withheld alongside reasonable attorney’s fees. This stipulation upholds respect and integrity in landlord-tenant relationships.

#6: Sudden Rent Increase isn’t Allowed

In Texas, landlords aren’t allowed to increase rent payments without providing adequate notice. This rule protects Texas tenants from surprise financial issues and grants them time to decide whether to stay at a particular property or look elsewhere.

Here are some vital things that you should consider according to Texas landlord-tenant laws:

• There should be a 30-day notice for month-to-month lease agreements.
• The lease agreement should stipulate the notice requirements for long-term leases.
• Sudden rent payment increases are strictly prohibited in Texas.
• Before signing, the landlord and tenant must carefully review and negotiate the lease agreement terms to ensure all parties understand the rent increase policies.

#7: Providing a Detailed Lease Agreement is Required

While some people may agree to rent properties with an oral handshake, this is not legally binding in Texas. Preparing a written rental agreement that explicitly specifies terms and conditions within an agreement period is required in Texas.

The rental agreement contains all fundamental terms explaining the tenant and landlord rules. This contract serves as both parties’ reference for their responsibilities and rights. Hence, it is recommended that tenants thoroughly read and understand all the lease’s clauses before signing the dotted line.

Flexibility is allowed in Texas, as circumstances and people’s needs sometimes change. Both the tenant and landlord are allowed to amend the lease. However, both parties must document and sign all these modifications to show consent.

Conclusion

Following Texas, landlord-tenant laws are required for landlords to maximize their profit while avoiding legal trouble. If you’re renting out a property to active-duty service members, obtaining evidence of military status is a must to safeguard your interests.

Fortunately, SCRACVS can help you verify if the person you’re dealing with is an active duty member. Click here to sign up at SCRAVS and verify the active duty status.

FAQs

What can a landlord not do in Texas in 2024?

Landlords aren’t allowed to increase rent or ignore repair requests suddenly, and they cannot withhold the tenant’s security deposit for more than 30 days.

What can a landlord evict you for in Texas?

A landlord can evict you if you don’t pay rent on time or if you break the rules indicated in the rental agreement. However, active-duty service members are exempted from eviction due to non-payment because of the SCRA.

What is considered landlord harassment in Texas?

Harassment may include verbal threats, constant surprise visits, and other intimidation tactics.

What makes a lease invalid in Texas?

Several factors can deem a lease agreement invalid, including active-duty service, sexual assault, family violence, or tenant’s death. A tenant’s failure to make necessary repairs and install a smoke alarm may invalidate the rental agreement.