If you own rental property in Houston, Texas, or are thinking about buying one, it's important to grasp the ins and outs of Texas landlord-tenant regulations.
These rules don't just keep tenants safe; they also keep you safe. It might be hard to understand leases, tenant rights, repairs, and legal responsibilities, especially for novice landlords. However, with the right knowledge and guidance, you can establish a successful and legally compliant business.
Key Takeaways
- Texas law requires landlords to provide a safe and habitable rental unit and to follow strict landlord disclosure and fair housing rules.
- Having a solid lease agreement helps avoid disputes and protects your investment from unpaid rent or unexpected lease early terminations.
- Houston landlords who neglect their legal responsibilities may face civil penalties, lawsuits, or lose income.
Understanding Texas Landlord-Tenant Laws
Texas isn't overly favorable to tenants or landlords; it strikes a good balance. However, compliance is not an option; it is a requirement. The Texas Property Code, together with federal legislation for landlords and tenants, covers everything from rules about security deposits to laws against housing discrimination.
The Texas Fair Housing Act is similar to the federal Fair Housing Act in that it makes it illegal for landlords to harass or discriminate against tenants based on their race, gender, religion, disability, or family status.
Your signed lease or rental agreement is crucial. Texas law demands it. The contract should outline rent amounts, due dates, late fees, maintenance requirements, parking rules, and other expectations as per Texas law. Always give tenants a written receipt or paper detailing crucial clauses, especially for cash rent.
Landlord Responsibilities Under Texas Law
As a landlord, you are in charge of keeping the plumbing, electrical systems, and security devices in good working order and ensuring your tenants' health and safety. Texas law also says that you have to respond to repair requests quickly and keep doing so to avoid a tenant's legal right not to pay rent. Tenants can sue for reasonable attorney's costs and other damages if their landlord doesn't do anything.
It is also required for landlords to provide tenants with essential services unless the lease says otherwise. If a tenant requests disconnection or there's an electric service interruption, you must handle it within the law. Tenants cannot be forced to pay rent for units you neglect to make livable.
Lease Agreements and Rent Payments
A clear lease or rental agreement is good for both sides. Texas landlord-tenant laws don't have rent control, so you can charge any rate you choose. However, if the renter is on a month-to-month lease, you must provide them with written notice before raising the rent.
When a tenant owes rent, you can charge late fees, but they must be fair under Texas law. You're also allowed to collect electric bill payments if the lease requires it. If a tenant fails to pay, you can evict—but only after following proper legal procedures, like sending a certified mail or return receipt requested eviction notice.
Handling Security Deposits and Refunds
You can charge whatever amount for a security deposit in Texas, but you have to give it back to the renter within 30 days of them moving out. If you deduct money for damage that isn't typical wear and tear, include a list of what you deducted.
If you don't do this, you could face legal action and fines. When you send back deposits, always utilize registered mail to make sure you have proof.
The Reality of Evictions
Eviction is an option for lease violations, but it should be your last choice. You can start the eviction procedure if the tenant doesn't pay rent, breaks the rental agreement, or bothers other tenants. But if a landlord doesn't obey the rules, you could lose in court. Texas courts take problems between landlords and tenants very seriously, especially when federal laws are implicated.
Avoiding Discrimination and Ensuring Fair Housing
Landlords must comply with housing discrimination laws. Any bias in screening prospective tenants can lead to serious consequences. Always treat every application fairly, document everything, and avoid steering or selective policies. Texas landlords found violating fair housing laws may be ordered to pay fines or cover unpaid rent for the affected tenant.
Navigating Utility Services and Emergencies
Tenants are responsible for paying rent and utilities unless they agree to something else. If your rent includes utilities, be sure your lease says so. Texas law also says that landlords must give an emergency contact. Keep your tenant in the loop. Having an emergency power service contact or access to a manager demonstrates that you care about keeping the landlord-tenant connection going.
Stay Protected and Profitable
Houston is a thriving rental market, but being a landlord here comes with serious legal responsibilities. From complying with the Texas Property Code to managing rent payments, each action you take should align with the law. Whether it’s screening tenants, handling a tenant’s security deposit, or responding to repair requests, knowing the law helps you avoid penalties, protect your assets, and offer quality housing.
That’s where we come in.
Partner with Professionals Who Know Texas Law
First Class Realty & Management doesn't just take care of properties; we also protect your investment. We help landlords in Houston with the law, ensure their leases are followed, handle maintenance problems, and maintain their rental properties' profitability.
If you're ready to make being a landlord easier, get in touch with us or visit our Services Page to learn how we can help you work smarter, not harder.
Frequently Asked Questions (FAQs)
Q1: Can I charge a non-refundable security deposit in Texas?
No. Under Texas landlord-tenant laws, all security deposits are refundable unless stated otherwise in the lease, and landlords must itemize any deductions.
Q2: What happens if a landlord fails to repair something?
If the landlord fails to make necessary repairs, a tenant may file a complaint, withhold rent in some cases, or sue for reasonable attorney's fees.
Q3: Can I increase the rent during a lease term?
Only if the lease agreement specifically allows for it. Otherwise, rent can only be increased after the lease expires with proper written notice.
Q4: What’s considered “normal wear” versus damage?
Normal wear includes things like faded paint or minor carpet wear. Damage goes beyond that—such as holes in the wall or broken fixtures—and may be deducted from the tenant's security deposit.
Q5: Do I need to provide notice before entering a rental unit?
Yes. Unless it's an emergency, Texas law encourages providing written notice before entering the rental unit, ideally 24 hours in advance.
Let us help you get compliant, stay profitable, and focus on what you do best—growing your investments. Visit 1stClassMgt.com today.