Renter Rights in Texas

Texas law provides specific protections for residential tenants under the Texas Property Code (Chapter 92) and local ordinances. Key rights:

1. Habitable Dwelling

  • Landlord must provide: working plumbing, hot water, heating, A/C (if provided), electricity, structural integrity, weatherproofing
  • Must repair conditions materially affecting health/safety within 7 days of written notice (3 days for emergencies)
  • Remedies: repair and deduct (up to $500 or one month's rent), terminate lease, sue

2. Privacy & Entry

  • Landlord may enter only: with tenant consent, emergency, court order, or reasonable notice (24 hrs) for repairs/inspection/showing
  • No lockouts or utility shutoffs for nonpayment — illegal "self-help" eviction

3. Security

  • Required: deadbolts on exterior doors, keyless bolting devices, window latches, peepholes, sliding door pins
  • Rekeying between tenants (unless waived in writing)
  • Smoke detectors (landlord install/test; tenant maintain batteries)

4. Quiet Enjoyment

  • Right to undisturbed use — landlord cannot permit nuisance by other tenants
  • Landlord liable for other tenants' disruptive behavior if notified and fails to act

5. Security Deposits

  • No statutory limit (but must be reasonable)
  • Return within 30 days of move-out with itemized deductions
  • Bad faith withholding = 3x deposit + $100 + attorney fees

6. Lease Termination Rights

  • Military orders: 30 days' notice (SCRA)
  • Family violence: Immediate termination with documentation
  • Landlord breach: Material noncompliance (habitability, security) after notice
  • Uninhabitable: Constructive eviction

7. Retaliation Protection

  • Landlord cannot retaliate (evict, raise rent, cut services) for: repair requests, complaints to authorities, tenant organizing
  • Presumed retaliatory if within 6 months of protected activity

Enforcement

  • Complaint: Texas Department of Housing and Community Affairs (TDHCA)
  • Justice of the Peace Court (evictions, < $20k disputes)
  • Legal aid: Texas RioGrande Legal Aid, Lone Star Legal Aid, local bar referrals

Always document: written requests, photos, certified mail, communication logs. Texas favors written notice.

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