While Texas rental law is usually favorable to property owners, protections exist for tenants and landlords in state statutes and it’s imperative for both parties to possess general knowledge of the regulations in case a dispute arises.
Nevertheless, the most significant source of your relationship with the property owner is the rental agreement, whether it’s oral or written.
While some landlords favor oral agreements, it’s more common for them to expect your signature on a lease, which you must read carefully before signing. Fortunately, this guide will offer invaluable insight on rental laws in Texas.
Security Deposit
Texas law doesn’t restrict the amount a property owner can charge for a security deposit. However, there’s a limit when it comes to the return, which must take place within 30 days after a renter moves out.
Keep in mind that the landlord doesn’t have to refund the deposit if the lease expects the renter to issue a written notice of his or her plan to surrender the premises. Ensure you examine the local laws to see whether your municipality needs property owners to take extra measures when it comes to renters’ security deposits.
Renters’ Rights to Withhold Rent
As a renter, you may withhold rent or implement the right to fix and deduct if your landlord doesn’t handle significant repairs, for instance, a broken heater. After all, Texas renters are legally entitled to rental units that meet fundamental structural, safety, and health standards besides being in good repair.
Before you use the fix and deduct remedy, ensure that the situations justify less rental payment and that you adhere to state legal prerequisites on things such as notice.
Signing a Lease without Moving in
If you sign an agreement but don’t move into the rental by the move-in date, the landlord should return your security deposit or prepayment if you or the landlord find a satisfactory replacement renter and if the replacement moves into the rental before or on the commencement date.
If the landlord secures a satisfactory renter who occupies the rental before your original commencement date, he or she might deduct from or retain the security deposit- a sum agreed in the agreement as a cancellation fee or the actual costs incurred by the landlord in securing the substitute renter.
Peace and Quiet
You have a right to quiet enjoyment as a renter. This implies that the property owner can’t evict you without cause or upset your right to reside in peace and quiet. In the event that other renters are causing a disturbance in your building, you have a right to complain to the property owner.
The property owner has an obligation to see that you’re protected from other renters’ wrongful behavior. Obviously, you shouldn’t disturb other renters either.
Entry and Notice Rules
Renters typically need to provide a month’s notice to end their lease. However, property owners can agree to a shorter lease term if they wish. Bear in mind that no statutes govern the advance notice of a move-out inspection.
Property owners need to give you three days written notice if they’re for non-payment eviction. While no statutes govern termination for a lease breach, property owners have a right to evict you immediately if you’re convicted of public indecency.
When it comes to entry, state statute requires the property owner to provide some advance notice before entering your premises although it doesn’t specify the duration. Furthermore, no statutes exist about entry throughout a prolonged absence by the renter.
Final Thoughts
Numerous statues govern the association between Texas property owners and their renters. Therefore, it’s important you familiarize yourself with these laws as a renter. This way, you’ll be prepared in case of issues.
For more information on rental laws in Texas, contact us at Apartment Agents or leave a comment.
