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Tenants being treated poorly is not unheard of, but being treated unfairly is a whole other matter. If you’re a paying tenant, you should know whether your landlord is not providing what you’re entitled to. You may know your basic rights, but having an extensive understanding of how you should be treated is much better. Below are landlord-tenant laws that protect tenants from negligent or unjust landlords.
Key Highlights:
- Houston tenants are entitled to proper living conditions, including functional utilities, pest-free spaces, and timely repairs as required by law.
- Landlords must provide working locks, smoke detectors, and cannot discriminate based on race, religion, sex, disability, or family status.
- Rent increases must follow lease terms and proper notice rules, while “self-help” evictions like lock changes or utility shutoffs are strictly illegal.
- Security deposits can only be deducted for damages beyond normal wear and tear, and landlords must provide an itemized list of any deductions.
- Tenants can document violations, notify landlords in writing, file complaints with authorities, or seek legal help if necessary.
Habitable Dwelling
Tenants have the right to live in a rental unit where conditions meet health and safety standards. That means no pest infestations, no molds, running water, comfortable temperatures, electricity, and more. If you find that there are damages or issues in your rental unit apart from normal wear and tear, Texas Property Code § 92.052 states you have the right to request repairs, and the landlord is obligated to do so.
Installed Security Devices
You shouldn’t have to worry about unauthorized entry in your own home, and landlords are legally obligated to ensure that your rental unit is only accessible to you and those you allow. That means security protections like locks, latches, and other measures are required. These must be maintained as well. If a lock breaks, the landlord must repair or replace it right away.
Functional Smoke Detectors
Your landlord must install a smoke detector in your rental unit, as it is required by both state and local law in Houston, Texas. There should be one per floor, including the basement, and outside each sleeping area. Texas Property Code § 92.253 also mandates landlords to maintain and test smoke detectors to ensure they’re working properly.
Non-Discrimination
Texas is bound by Fair Housing laws that prevent landlords from engaging in any discriminatory conduct. That means they cannot act against you based on race, color, national origin, religion, sex, disability, or family status. If you feel as though you are being treated differently because of those characteristics, such as a higher rent price or more frequent inspections, you may file a complaint with the U.S. Department of Housing and Urban Development (HUD).
Early Lease Termination
Note that you are allowed to end your tenancy prematurely under certain circumstances, such as military service, major property damage, family violence, sexual assault, or health reasons. For health reasons, you can even use Disability Rights Texas’ Early Lease Termination Request tool, which can assist you with drafting a letter requesting to end your lease early.
Security Deposit Deductions
When it comes to property damage, the landlord can only deduct repair costs from the security deposit if it is excessive damage beyond normal wear and tear that you caused. When you move out, they may also use the security deposit to cover unpaid rent and any other outstanding bills. Whatever they charge, they are required to provide you with an itemized list of all deductions made.
Self-Help Evictions
Under no circumstances is your landlord allowed to evict you on their own without due process. That means they cannot change the locks or shut off utilities to push you out of the rental unit. They must follow the proper eviction procedures, starting by providing you with an eviction notice and indicating a valid reason for it.
Rent Increase
Your landlord cannot increase your rent amount during the duration of a fixed-term lease, or without a proper notice in a month-to-month lease. A 30-day notice is usually a reasonable amount of time. Due to the lack of rent control in Texas, your landlord may choose how much your rent is raised. Keep in mind that these do not apply if the lease agreement states that the landlord can raise rent anytime.
What Can I Do When The Landlord Violates Tenant Rights?
1. Document the violation. Keep records of everything that happens and everything you talk about through photos and videos. You can take screenshots of repair requests, emails, notices, and receipts. This will come in handy when you need to defend your case should the issue escalate.
2. Communicate the issue with your landlord. Notify your landlord about the issue and give them a reasonable timeframe to resolve the violation. Put it in writing and include necessary details such as the violation, what you request the landlord do to correct the issue, and the deadline.
3. File a complaint if the landlord does not comply. If the landlord fails to make amends, you may file the complaint and send it to the proper authorities. For discrimination-related matters, for instance, you may send your complaint to the Fair Housing agency.
4. Seek legal advice or help. There’s a chance that when faced with a complaint, your landlord might opt to hire a lawyer to avoid further legal mishaps. You will be at a disadvantage even if you are well prepared, especially since legal professionals know their way around the laws.
How Can You Avoid Bad Landlords?
For one, you can inspect the property first before renting it. Don’t just look into the unit. Scan the surroundings as well. You can tell when a landlord actually cares about the rental property when it’s clean and everything is in good condition.
Another is by looking at the reviews. Angry tenants tend to voice their concerns about a rental, such as slow repair response, rude landlords, or negligent property managers. If there are no reviews, you can talk to the tenants.
All in all, if you feel like the rental property doesn’t feel right for you, you can always try to look for other listings. A lease or rental agreement is not something you can easily get out of without a valid reason, so you have to be sure about the place you want to rent.
Rentals with a Reliable Property Manager
If you’re tired of living in bad conditions or dealing with an unpleasant landlord, your best thing to do is to move to a rental unit where you’ll have peace of mind. Here at Precision Realty & Management, we have a variety of listings you can call your home.
Under our care, repairs would be fast, maintenance would be routinely conducted, and payments would be convenient. Our company aims to create a comfortable living situation for you by doing what we do best: Effective property management.
Sounds enticing? Give us a call, and we can discuss further what you might need.
