What are my rights as a tenant in Texas?
As a tenant in Texas, you have certain rights and protections under state law. These rights are statutory and are outlined in the Texas Property Code. Here are the most important rights you should be aware of:
- The right to habitable premises. Landlords are required to provide tenants with premises that are safe, clean, and free from vermin, mold, and other hazards. If your landlord fails to maintain the property in a habitable condition, you may have the right to terminate your lease or seek repairs.
- The right to reasonable notice before entry. Landlords must give tenants reasonable notice before entering their rented premises, except in situations involving emergencies. The notice must be in writing and must state the reason for the entry.
- The right to proper notice before eviction. If a landlord wishes to evict a tenant, he or she must provide proper notice. In Texas, this notice must be in writing and must give the tenant at least three days to vacate the premises. If the tenant fails to vacate after the three-day period, the landlord may commence eviction proceedings.
- The right to privacy. Landlords are prohibited from interfering with a tenant's right to privacy. This means that landlords cannot enter a tenant's premises without proper notice or consent, cannot install surveillance equipment without consent, and cannot harass or intimidate tenants.
- The right to timely return of security deposit. When a tenant moves out of a rental property, the landlord must return the security deposit within 30 days unless there are damages or unpaid rent owed. A landlord must provide an itemized list of any deductions from the deposit.
It's important to note that there are limitations and exceptions to these rights. For example, if a tenant causes damage to the property or does not pay rent, the landlord may have grounds for eviction. Additionally, some landlords may try to include provisions in the lease that purport to waive or limit tenant rights. These provisions may be enforceable in some circumstances, but it's always a good idea to consult with an attorney before signing a lease.
If you feel that your rights as a tenant have been violated, you should try to communicate with your landlord first. If that fails, you may want to contact a tenant advocacy organization or consult with an attorney. You may also have legal remedies available to you, such as filing a lawsuit or seeking an administrative remedy.