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Housing and Community Development Department

Fair Housing - Landlord and Tenant Laws

LANDLORD RESPONSIBILITIES

A landlord’s responsibilities:

Keep areas used by all tenants in safe condition. This includes steps, stairwells, breezeways, and other common areas. Units must be safe and livable. Hot water, heating, plumbing, etc. must be in adequate condition.

Allow tenants to enjoy their homes. Unless your lease says otherwise, a landlord is not allowed to trespass and enter your home without notice or permission, except in an emergency such as a water leak or a fire.

Inform you about known problems in the unit. A landlord may not deliberately conceal conditions in the home, such as a leaky roof or bad plumbing. In this event, a tenant can contact a lawyer about their right to consider it a broken lease and vacate the unit without paying rent.

Rent 

There are no limits to rent increases in Texas. The landlord may only increase the rent at the time the lease expires. Landlords must give the tenant notice of rent increases in the amount of time that is equal to the rent period interval, unless the lease states otherwise.

Repairs 

A landlord is responsible to a tenant to make necessary repairs within a reasonable time frame, generally three to seven business days. A landlord must respond to water or sewage flooding repair request/work orders immediately.

The landlord may delay a tenant’s repairs due for the following reasons:

  • Fifteen-business day delay if the landlord has not obtained the necessary parts
  • Thirty-business day delay in the event of a labor or material shortage due to a natural disaster (hurricane, tornado, flood, extended freeze, or windstorm)

A landlord may delay repairs by completing an affidavit stating the reason for delay. The landlord has no duty to repair damages caused by the tenant or their guests.

If a landlord fails to make repairs in a timely manner, the tenant may make the repairs using a company, contractor, or repairman that is locally advertised and will work in accordance with all applicable local building codes and permits. The tenant can deduct the cost from the rent in the following situation:

  1. The tenant gives the landlord written notice of the necessity for the repair
  2. The tenant provides thorough details about the repair and the cost that will be deducted from the next month’s rent
  3. The property management has given written approval for the repairs and agreed to the reduction to come off the rent

If the landlord makes the repairs or delivers an affidavit for the delay after the tenant has contacted a repairman, contractor, or company to perform the repairs but before the work begins, the landlord is responsible for the cost of the repairman’s trip charge. The tenant may deduct this charge from the next rental payment.

Warrant of Habitability is a warranty applied by law in all residential leases that the premises are fit and habitable for human habitation and that the premises will remain fit and habitable throughout the duration of the lease. The landlord is required to make a reasonably diligent effort to repair or remedy any condition which materially affects the physical health or safety of a tenant.

The landlord cannot retaliate against a tenant by eviction, decreasing services, or raising the rent within six months from the date of the tenant’s repair notice unless at least one of the following applies:

  • Rent is delinquent
  • The tenant or their guests have caused property damage
  • The tenant has threatened the personal safety of the landlord or employees
  • The tenant has otherwise breached the rental agreement
  • The increase in rent is applied to systematically

The Warrant of Habitability law only covers basic conditions that affects the health and safety of the tenants. The landlord has no duty to repair damages or defects caused by the tenant or their guests.

Access

The landlord is responsible for providing access to the property and the unit in addition to ensuring security devices are maintained and in proper working order.

  • Dwellings should be re-keyed before a new occupant moves into the unit
  • Keyless deadbolt locks are required on all exterior doors and any door leading from the garage to the unit. All deadbolts must have a metal strike plate unless accompanied by a metal door jam. A clear glass pane or one-way mirror may also be used
  • A pin-lock and a security bar or a door handle latch on sliding glass doors are required Each door that open directly into a pool yard must have an automatic door closer
  • Window latches are required on all windows

Security Deposits

The landlord is responsible for providing access to the property and the unit in addition to ensuring security devices are maintained and in proper working order.

  • The tenant did not leave a forwarding address
  • The tenant vacated the unit owing rent
  • The landlord provided the tenant with an itemized list of repairs or damages the tenant caused to the unit
  • Window latches are required on all windows

Evictions

A landlord can evict tenants for delinquent rent, damages to the unit or premises caused by the tenant or their guests, or any other breech of the rental agreement.

If the tenant’s rental payment is late, the tenant can bring a witness with them to make the rental payment to the landlord with a money order or a check. This will demonstrate to the court that the tenant attempted to pay the rent to the landlord after receiving a “Notice to Vacate”.

A landlord may not practice Constructive Eviction, which is when the landlord interferes with the tenant’s right of possession and enjoyment of the leased premises and makes it impossible for the tenant to continue residing in the unit. Examples of Constructive Eviction are:

  • Utility disconnection when the rent was paid in full
  • Lockouts without informing the tenant how to regain access to the unit
  • Removal of the front door
  • Landlord entering the unit without adequate notice or permission

To evict a tenant, landlords must deliver a written “Notice to Vacate” that informs the tenant to either cure the breach to the rental agreement or vacate the premises within a specified time period. The tenant does not have to move at this point. It is illegal for the landlord to use physical force to evict a tenant, and the tenant should call 911 in that event.

If the tenant fails to cure the breach to the rental agreement, the tenant will receive an official eviction notice served by the constable with a court date at the Justice of the Peace. If the tenant fails to appear in court, a judgement against the tenant will be rendered.

The tenant will be allowed to give their testimony to the judge and bring witnesses, receipts, photos, etc. to support their case. The judge will render a decision for which either the landlord or tenant can appeal within a specified time frame, usually within five days.

TENANT RESPONSIBILITIES

A landlord owns the rental unit, but as a renter, it is your home. You do have rights.

Before signing a lease, look for any sections that could cause you to give up your rights. Read your lease. Strike out undesirable statements and retain a copy of your lease.

A tenant’s responsibilities are to:

  1. Pay rent on time
  2. Adhere to the lease
  3. Follow the rules of the community grounds
  4. Submit repair requests/work orders in a timely fashion (preferably in writing)

Repairs 

After requesting a repair, a tenant must allow reasonable time for the landlord to make the repair. There are a few exceptions to the rule of reasonable time, and the following is one example of an exception when the landlord must act immediately when notified.

  • Sewer and flooding – A landlord must respond immediately after notification. If not, the tenant is allowed to make the repair immediately.
  • Notice of the defect has been given to the landlord (preferably in writing)
  • All rent due has been paid in full
  • The landlord, after notification of the problem, has failed to attempt repairs in a reasonable period of time.

Security Deposit 

For a tenant to receive the security deposit back, the tenant must do all of the following:

  • Leave a forwarding address
  • Give proper notice
  • Leave the rental unit in a reasonably clean condition
  • Allow for the appointed 30 days for return of deposit

WHO DO I CALL?

Fair Housing / Landlord-Tenant Laws

FAIR HOUSING OFFICE STAFF:

Yolanda Guess-Jeffries, Administrative Coordinator
2100 Travis Street, 9th Floor
Houston, Texas 77002
832.394.6200, Extension 5 or Fair Housing Office Hotline: 832.394.6240

HOUSING:

HUD Public and Indian Housing Information Resource Center
800.955.2232 (toll free)
800.877.8339 TTY for the hearing impaired

Houston Housing Authority
713.260.0600
713.260.0547 TTY for the hearing impaired

Salvation Army
713.650.6530

United Way Helpline
211 or 713.957.4357

HEALTH:

City's Helpline
311 or 713.831-0311
(Rodents, Trash, Vacant Lot Cleanup, Sewer, Utlities, Water Bill, Plumbing Inspection, Stray Animals, Dead Animal Pickup, Heavy Trash Pickup, Mobile Home Problems, Drainage Repairs, Street Lights)

UTILITIES/SERVICES:

CenterPoint Energy Electric/Gas
713.207.2222 or 1.800.332.7143
(Questions, Report Outage)

Metropolitan Transit Authority (METRO)
713.635.4000
(Transportation and Bus Routes)

METROLift
713.635.4000
(Transportation for Riders with Disabilities)

Social Security Office
1.800.772.1213  or 1.800.325.0778 TTY for the hearing impaired
(Medicare, Social Security Benefits)

METROLift
713.635.4000
(Transportation for Riders with Disabilities)

Texas/United Way Helpline
7211 or 713.957.4357
(Transportation for Riders with Disabilities)

EMERGENCIES:

Police/Fire/EMT
911
(Emergencies)

Harris County Sheriff's Office
713.967.585011
(Child Abuse)

Want more information about Landlord-Tenant Laws? Check out these websites!

Texas Apartment Association
https://www.taa.org/ 

Texas Landlord Association
http://www.texaslandlordassociation.org/resource-center.html

Texas A&M Real Estate Center – Landlord and Tenants Guide
https://assets.recenter.tamu.edu/Documents/Articles/866.pdf

Lone Star Legal Aid
http://lonestarlegal.org/

Texas State Law Library – Landlord/Tenant Law
https://guides.sll.texas.gov/landlord-tenant-law

Landlord‐Tenant Laws Frequently Asked Questions

  1. I am a convicted felon. Can a landlord turn me down simply because of my pastcriminal record? Not necessarily. It is a violation of the Fair Housing Act to use criminal history to discriminate against a member of a protected class. For example, it would be housing discrimination if a landlord used an African-American’s criminal background to deny their rental application, but a Caucasian with the same criminal history was approved to lease a housing unit.
  2. My application to rent a small house was not approved. My credit is good and so is my work history and my past leases. I am a single mother and only my child and I were on the application. What can I do to make sure that I wasn’t discriminated against? Contact the Texas Workforce Commission, the Department of Housing and Urban Development (HUD), or other local fair housing agencies and make a Fair Housing complaint. The reporting agency will conduct an investigation by interviewing all parties and determine if the applicant was discriminated against on the basis of familial status or gender.
  3. I need an apartment with wheelchair access, but when I spoke to a leasing agent at an apartment that I want to rent, she immediately said that the apartments where full. I think she just didn’t want to rent to me, what can I do? Contact the Texas Workforce Commission, the Department of Housing and Urban Development (HUD), or other local fair housing agencies and make a Fair Housing complaint. The reporting agency will conduct an investigation by interviewing all parties and determine if the applicant was discriminated against on the basis of disability.
  4. My landlord refuses to give me a lease for any set period of time, is this legal? Yes, a landlord is not obligated to provide a lease term. This would be considered a month-to-month lease and a 30-day notice is required on both parties when either party wants to end the lease.
  5. Can the landlord increase my rent in the middle of a lease? No, it can only be increased at the end of your lease with proper notification.
  6. How do I get my rental unit repaired when my landlord refuses to address mywork orders? Call the City of Houston’s 311 hotline to reach Neighborhood Protection and provide your name, home address and contact information as well as the landlord’s name and contact information, name and/or address of the property. At the end of the call, you will receive a confirmation number. Neighborhood Protection will return your call and discuss your complaint.

    Additionally, if the landlord will not make requested “necessary repairs” to the unit, the Texas Property Code Section 92.0561 will allow a tenant to have the repairs performed by a professional accustomed to make these repairs if:

    • The landlord receives a letter stating the requested repairs are needed;
    • The landlord has been given a reasonable amount of time (usually seven days) to effectuate the repairs, but has not;
    • The cost to repair is less than one month’s rent (if cost is greater, 92.0561cannot be used); and
    • The landlord has not presented an affidavit to the tenant under Section92.0562 showing specific reasons for the delay in repairing the unit.

    If the lack of repair leaves the rental unit substantially unusable, the tenant may submit a letter, Return Request Receipt (RRR), stating that they will not continue living in the unit under the current conditions if the repairs are not made within seven calendar days and the tenant will file a lawsuit with the Justice of Peace.
  7. I am disabled and use a power chair daily. I have a hard time using my power chair inside my apartment because I cannot reach light switches and enter my kitchen or bathroom with ease. Can I request the landlord to make modifications to my home so I can use my power chair? A tenant can request a reasonable accommodation that is necessary to afford the disabled tenant with an equal opportunity to use or enjoy their unit without transferring to another unit. Requests for reasonable accommodations can be made either verbally or in writing and can include installing grab bars in the bathroom, widening doorways, removing under-the-counter cabinets, and installing ramps to gain access to the unit.
  8. I have been sexually harassed by one of my neighbors and I want to move out, but my lease doesn’t end for another six months. Can I break my lease? Yes, provide the landlord with a police report that was immediately filed after the incident occurred to be let out of the lease.
  9. My lease ended six months ago, but I’ve continued living there and paying rent on time. This morning I received a 30-day notice that the “Owner Desires Possession”. If I leave, is this considered an eviction on my rental history? No, “Owner Desires Possession” is simply a way for the landlord to reclaim rental property that no longer has a lease-for-term. Your landlord is simply asking for this property. It is not considered an eviction or a negative on your rental record.
  10. I gave my landlord the proper notice and moved out of the unit as scheduled. How long can the landlord wait before returning my Security Deposit? The landlord has 30 days after the tenant has vacated the unit to return the security deposit. If the deposit is not returned within 30 days, the former tenant may write a demand letter, Return Receipt Request (RRR), to the landlord stating that if the security deposit is not returned within seven calendar days after receipt of the letter, the former tenant will file a lawsuit with the Justice of the Peace and sue the landlord for three times the amount of the security deposit plus $100 for the filing fees if the amounts to be recovered does not exceed $10,000.
  11. I couldn’t pay my rent on time and this morning I received a three-day vacate noticefrom my unit. Do I have to move out in three days? No, the landlord must take you to court to begin eviction proceedings to remove you from the unit. The constable or the landlord will provide you with the information stating the court date. If the outcome is not in your favor, be prepared to vacate the unit.
  12. I am currently behind on my rent. My landlord gave me a notice threatening to lock me out of my rental unit within 48 hours and hold my possessions until I pay what is currently owed. Can he do this? In reference to a Texas Apartment Association (TAA) standard lease agreement, the landlord can change the lock to the unit, but the landlord must provide the tenant with 24/7 access to the unit and provide the tenant with instructions about how to gain access to the unit.

    Payment of any monies cannot be a condition to grant access to the unit. If the landlord refuses to allow the delinquent tenant access to their unit, the tenant can file a lawsuit with the Justice of the Peace and sue for one month’s rent, $500 penalty, and $100 for filing fees based on the landlord’s illegal lockout.

    TAA lease allow landlords to confiscate electronics to secure payment of monies by the tenant. You have 30 days to pay all monies owed to the landlord and the landlord must return your electronics.
  13. I went to court yesterday. The judge ruled in the landlord’s favor, giving me five days to either move out or appeal the decision in County Court. What happens if I cannot move in the period of time? If you have exhausted all appeals, prepare to vacate the unit within the given time frame or risk being physically removed from the unit by the Constable’s office.