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Under Texas law, whenever the owner (landlord) of a
house, apartment, room, or any other living space agrees
to let someone else (tenant) use the space for a fee,
the two parties enter into a legally binding rental
contract. Rental contracts are a special class of
contracts that are governed by many unique rules. This
section discusses the laws applicable to rental
contracts.
Leases
The terms of any rental agreement are stated in the
lease. A lease can be an oral agreement or a written
document. A lease establishes or modifies the terms,
conditions, rules, or other provisions regarding the use
and occupancy of the rental property. There are two
general types of leases: the periodic lease and the
lease for a definite term. If the lease is an agreement
to rent the property for an unspecified length of time,
it is considered a periodic, or month-to-month lease. A
periodic lease continues for a specific time period and
automatically is renewed at the end of the period for an
indefinite time without a specific end date. For
example, parties may agree on a month-to-month lease
without specifying how many months the renter will stay.
The lease continues until one party terminates it. If
the periodic lease does not specify when or how notice
is to be given, the parties must follow state law. Under
Texas law, if the rental period is at least one month,
the tenancy terminates on the later of the day given in
a notice for termination or one month after the day on
which a notice for termination is given. If the rental
period is less than one month, the tenancy terminates on
the later of the day given in a notice of termination or
the day after the expiration of the period beginning on
the day on which notice is given and extending for a
number of days equal to the number of days in the rental
period. In lieu of these statutory notice requirements,
a landlord and tenant can agree on a different period of
notice to terminate or can agree that no notice is
required. Such an agreement must be in writing and
signed by both parties. A tenant is liable for rent only
up to the date of termination, even if this does not
correspond to the end of a rental period.
A term lease is a rental agreement specifying a
definite time period. For example, a lease for one year
is a term lease. Term leases are almost always written.
If the parties to the lease do not state when and what
kind of notice is required, the lease automatically ends
on the last day of the time period.
Security Deposits
A landlord has the right to insist that a renter pay
a security deposit before moving in. The security
deposit is used to pay for any damage beyond ordinary
wear and tear that the tenant might do to the rental
property, or to satisfy any debts between the tenant and
landlord. The deposit cannot be used by the renter to
pay rent. There is no limit to how much the landlord may
require for a security deposit. The landlord may
increase the security deposit at any time during a
periodic lease if the tenant is given proper notice,
which generally is one rental period plus one day. If
the lease is a term lease, no changes may be made to the
deposit until the lease comes up for renewal or the
parties agree otherwise.
At the end of the tenancy, the landlord must return
the deposit within 30 days to the forwarding address
provided in writing by the renter. A requirement that a
residential tenant give advance notice of termination as
a condition for refunding the security deposit is
effective only if the requirement is underlined or is
printed in conspicuous bold print in the lease. Before
returning the security deposit, the landlord may deduct
the amount of the deposit necessary to repair damages
(beyond normal wear and tear) and any charges for which
the tenant is legally liable under the terms of the
lease or as a result of breaching the lease. The
landlord then must give any remaining balance of the
security deposit to the tenant with a written
description and itemized list of all deductions.
Repairs
Landlords are required to keep rental property in
reasonable repair. If a condition materially affects the
physical health or safety of a tenant, the landlord is
required to make a diligent effort to repair or remedy
the condition if the tenant gives the landlord notice of
the condition and the tenant is not delinquent in the
payment of rent when the notice is given. The tenant's
notice must be in writing only if the tenant's lease is
in writing and requires written notice. This repair and
remedy requirement generally may not be waived by the
parties, but a landlord and tenant may agree that the
tenant can make repairs at the landlord's expense. If
the parties have not made some contrary agreement, the
landlord remains responsible to make repairs. If the
landlord refuses to make repairs, the tenant has several
options.
Call an Inspector
The renter may call local fire, health, housing, or
energy inspectors to investigate whether there is a code
violation in the unit. Often, an inspector's report of a
code violation or a notice that the condition materially
affects the health or safety of tenants is enough to
convince a landlord to correct problems. The law
provides protection for a renter if the owner attempts
to evict the renter in retaliation for calling an
inspector.
Repair and Deduct
If a landlord fails to repair or remedy a problem after
notice by the tenant to the landlord of the problem, the
tenant may be able to have the problem repaired or
remedied and then deduct the cost from a subsequent rent
payment. Prior to using this option, the tenant must
give the landlord written notice that he or she intends
to use the repair or remedy option and a description of
the intended repair or remedy. Note, however, that this
option is only available for specific serious conditions
contained in the Texas Code. If this option is available
to a tenant, the tenant's deduction for the cost of
repair or remedy may not exceed the amount of one
month's rent under the lease. Repairs and deductions may
be made as often as necessary so long as the total
repairs and deductions in any one month do not exceed
one month's rent.
Judicial Remedies
A tenant also may sue a landlord who fails to repair or
remedy a condition after proper notice. Such an action
may be brought in the justice, county, or district
courts, but the justice courts may not order repairs. In
such a civil action, the court can: issue an order
directing the landlord to take reasonable action to
repair or remedy the condition; issue an order reducing
the tenant's rent, from the date of the first repair
notice, in proportion to the reduced rental value
resulting from the condition until the condition is
repaired or remedied; enter a judgment against the
landlord for a civil penalty of one month's rent plus
$500; enter a judgment against the landlord for the
amount of the tenant's actual damages; and award the
tenant court costs and attorneys' fees.
Terminate the Lease
A tenant may terminate a lease for a failure of a
landlord to repair or remedy only after taking several
steps. The tenant first must have given the landlord
proper notice to repair or remedy the condition. The
landlord then must have had a reasonable time to repair
or remedy the condition. The tenant then must give
subsequent written notice to the landlord stating that
the tenant intends to terminate the lease. The tenant
must not be delinquent in the payment of rent at the
time either of the notices are given. The tenant then
may terminate the lease if the condition is not repaired
or remedied within seven days after the tenant's notice
of intent to terminate. The tenant is entitled to a pro
rata refund of rent from the date of termination or the
date the tenant moves out, whichever is later. The
tenant also may deduct the tenant's security deposit
from the tenant's rent or obtain a refund of the
tenant's security deposit. A tenant who elects to
terminate a lease for the failure of a landlord to
repair or remedy is not entitled to the repair and
deduct remedies or the judicial remedies discussed
above.
Eviction
Under no circumstances may a landlord forcibly remove a
tenant from rental property. In order to get a tenant
out of a rental unit, the landlord must bring a lawsuit
called a forcible detainer or forcible entry and
detainer against the tenant. Legitimate grounds for
bringing a suit include nonpayment of rent, breach of a
lease, or refusal to leave a unit after the tenancy
expires.
If the occupant is a tenant under a written lease or
oral rental agreement, the landlord must give the tenant
at least three days' written notice to vacate the leased
premises before the landlord files an action for
forcible detainer, unless the landlord and tenant
contract otherwise in a written lease or agreement. A
landlord who files a forcible detainer suit on the
grounds that the tenant is holding over beyond the end
of the rental term or renewal period also must comply
with the termination requirements discussed above in the
Leases section.
A justice of the peace court in the precinct in
which the property is located has jurisdiction in
forcible detainer actions. If the landlord wants to
recover attorneys' fees in a forcible detainer lawsuit,
the landlord must give the tenant a written demand to
vacate the premises by registered or certified mail at
least ten days before the date the action is filed. The
landlord then may recover his or her attorneys' fees if
he or she prevails in the lawsuit and either the written
lease entitles the landlord to recover attorneys' fees
or the written demand to vacate indicated that the
landlord could recover attorneys' fees if the tenant did
not vacate the premises before the 11th day after the
date of receipt of the notice. The prevailing party in a
forcible detainer action also is entitled to recover all
court costs.
A landlord who prevails in a forcible detainer
action is entitled to a judgment for possession of the
premises and a writ of possession. The writ of
possession orders the officer executing the writ to
deliver possession of the premises to the landlord,
including, if necessary, physically removing the tenant
and his or her property from the premises. If a tenant's
personal property is placed in storage, the tenant may
recover this property within 30 days by paying the
reasonable costs of moving and storage of the property.
After 30 days, the tenant's property may be sold to
satisfy the moving and storage charges.
Tenant's Rights
Tenants enjoy a number of rights, even if those
rights are not specified in the rental contract. The
tenant has a right to quiet enjoyment of the premises,
which means that the landlord may not interfere
illegally or unreasonably in the tenant's life, just
because the landlord owns the property. A renter has the
right to use the rented premises in any way, as long as
it is legal.
Privacy
Generally, a landlord may enter a tenant's unit only
with the tenant's consent, except in an emergency. After
a tenant has given notice of termination, a landlord has
the right to enter the unit to show it to prospective
renters. A landlord also may enter for a "reasonable
business purpose," such as maintenance, only after
giving the tenant reasonable notice. If a landlord fails
to get permission or give notice, the landlord is
trespassing and may be sued in court. The tenant whose
privacy rights have been violated may recover damages.
Access
Tenants have a right of access to the property they
rent. It is illegal for a landlord to lock a tenant out
of his or her unit without a court order, unless the
exclusion results from bona fide repairs, construction,
emergency, removing the contents of premises abandoned
by a tenant, or changing the door locks of a tenant who
is delinquent in paying at least part of the rent.
Although a landlord may change the door lock of a tenant
who is delinquent in paying rent, the landlord must
follow all the procedures and notices required by law
and must provide a new key upon request without the
payment of delinquent rent. A tenant who is unlawfully
locked out may either recover possession of the premises
by going to court or terminate the lease. In addition,
the tenant may recover from the landlord a civil penalty
of one month's rent plus $500, actual damages, court
costs, and reasonable attorneys' fees, less any
delinquent rent or other sums for which the tenant owes
the landlord.
Sublease
Subleasing is having someone else take over a tenant's
rights and obligations under a lease before the original
lease expires. Under Texas law, a tenant may not sublet
a unit to any other person without the prior consent of
the landlord. A landlord may, however, waive the right
to prior consent. If subletting is allowed and the new
tenant does not pay rent, damages the unit, leaves
before the lease expires, or breaches another condition
of the lease, the landlord may hold the original tenant
responsible. The original tenant then may sue the new
tenant for those costs.
Utilities
Landlords are forbidden under Texas law from
shutting off or causing the interruption of utilities,
except in bona fide emergencies or for repairs or
construction. Electrical service also may be shut off in
specific instances as allowed by law. A tenant whose
electricity, water, or heat are terminated because the
landlord has failed to pay the bills has several
options. A tenant may pay the utility company to
reconnect or avert the cutoff of utilities. The tenant
may deduct from his or her rent the amounts paid to the
utility company to reconnect or avert a cutoff. Or, a
tenant may terminate the lease if the termination notice
is in writing and the tenant will move out within 30
days from the date he or she has notice from the utility
company of a future cutoff or notice of an actual
cutoff, whichever is sooner. The tenant also may recover
any actual damages, including moving costs, utility
connection fees, storage fees, and lost wages, as well
as court costs and attorneys' fees.
Discrimination in Housing
Federal and Texas laws prohibit home sellers and
landlords from discriminating on the basis of race,
color, religion, sex, familial status, national origin,
or disability. Federal law provides additional
protections against discriminating on the basis of other
factors, such as age. In Texas, landlords generally
cannot discriminate against children unless the building
is intended to provide housing for elderly persons.
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