Key Takeaways

• Fair Housing Compliance: Landlords cannot discriminate against protected classes, ensuring fair housing opportunities for everyone.
• Protection Against Retaliation: Retaliation against a tenant for exercising their legal rights, such as requesting necessary repairs, is prohibited.
• Legal Obligations for Repairs: Ignoring repair requests that impact tenant health and safety is unlawful and can result in legal action against the landlord.

5 Things A Landlord Cannot Do In Texas

As the premier national property management company, HomeRiver Group believes in empowering our clients with knowledge. By highlighting the specific actions Texas landlords are prohibited from taking, we aim to provide renters and buyers with the tools they need to ensure the sanctity of their homes and the peace of their living environment. HomeRiver Group upholds that informed tenants contribute to healthier, more respectful, and legally compliant rental relationships.

In Texas, the landlord-tenant relationship is governed by a complex set of laws and regulations designed to protect the rights of both parties. While landlords must maintain their properties and ensure the safety and comfort of their tenants, there are distinct limitations on their actions to prevent abuse of power and unfair treatment. Understanding what a landlord cannot do is crucial for renters and buyers in Texas, ensuring they can confidently navigate their housing rights.

This article explores what a landlord cannot do in Texas. We will highlight five key actions that landlords in Texas are legally barred from taking against their tenants, offering insights and understanding to help renters and buyers safeguard their rights.

1. Discriminate Against Protected Classes

In Texas, as in all states across the United States, landlords must adhere to fair housing laws designed to prevent discrimination against protected classes. 

Fair Housing Laws In Texas

This legislation is a cornerstone in ensuring equal housing opportunities for everyone. The federal Fair Housing Act (FHA) prohibits discrimination based on race, color, national origin, religion, sex, familial status, or handicap. Texas law also underscores these protections and mandates a commitment to fairness and equality in all aspects of the housing process.

Prohibited Discriminatory Practices

Texas landlords are prohibited from engaging in discriminatory practices that affect a person's ability to rent or enjoy a rental property. This includes but is not limited to refusing to rent to someone, imposing different rental terms or conditions, falsely denying that a property is available for rent, or advertising housing facilities that indicate any preference, limitation, or discrimination based on these protected characteristics.

Consequences Of Non-Compliance

Violating these laws can result in significant legal and financial consequences for landlords. It is not just a matter of legal compliance; embracing non-discrimination practices is crucial for fostering inclusive communities and maintaining a reputable business. 

2. Retaliate Against A Complaining Tenant

Maintaining a positive and lawful relationship between landlords and tenants in property management is critical to ensuring a smooth operation. The law clearly defines what a landlord cannot do in Texas, safeguarding tenants from unfair practices. One essential regulation pertains to retaliation. Landlords are prohibited from retaliating against tenants who have exercised their legal rights.

Prohibited Retaliatory Actions

If a tenant complains about violating their rights under the lease or pertinent laws, such as requesting necessary repairs to ensure the property meets health and safety standards, a landlord cannot retaliate by taking adverse actions. These prohibited actions include unjustly raising the rent, decreasing services provided to the tenant, or proceeding with an eviction not grounded in the breach of the lease terms. The Texas Property Code explicitly outlines this protective measure, ensuring tenants can speak up about legitimate concerns without fear of unjust consequences.

Importance Of Compliance

This safeguard plays a critical role in maintaining open lines of communication between landlords and tenants, ensuring issues are addressed promptly and fairly. Under Texas law, retaliation is seen as a serious breach of tenant rights, carrying legal consequences for landlords who engage in such practices. It's crucial for property management professionals, especially those operating on a national scale like HomeRiver Group, to be aware of and adhere to these state-specific regulatory nuances.

3. Ignore Repair Requests That Affect Health And Safety

One critical aspect of landlord responsibilities in Texas—and indeed, across many jurisdictions—is the imperative to respond promptly to repair requests that impact the health and safety of tenants. 

• Immediate Attention Required: Landlords in Texas must promptly respond to repair requests that impact tenant health and safety, such as issues with faulty wiring, broken plumbing, heating or air conditioning failures, pest infestations, or structural damage.
• Legal Obligation: Texas law mandates that landlords address these urgent repairs within a reasonable timeframe—typically seven days—after receiving written notification from the tenant.

Risk of Non-Compliance: Ignoring repair requests can endanger tenant well-being and lead to legal consequences, including tenants being allowed to terminate their leases, withhold rent, or seek other judicial remedies.

4. Unlawfully Withhold Security Deposits

A landlord's ability to withhold a security deposit or part thereof is strictly regulated. 

Return Of Security Deposit

In Texas, landlords are obligated to return a tenant's security deposit within 30 days of the tenant vacating the premises, provided the tenant has given a forwarding address. 

Permissible Deductions

According to Texas state law, funds from a security deposit can only be retained to cover damages beyond normal wear and tear, unpaid rent, or other charges specified under the lease agreement.

Itemized List Requirement

Both renters and buyers must understand that Texas law prohibits landlords from frivolously or unlawfully withholding a security deposit. If any portion of the security deposit is retained, landlords must provide an itemized list of deductions. This list must be sent to the tenant's forwarding address, alongside any remaining portion of the deposit, within the mandated 30-day period.

Legal Consequences For Non-Compliance

Failure to abide by these regulations can leave landlords liable to their tenants. If a landlord unlawfully withholds a security deposit, the tenant may have the right to sue for three times the amount of the deposit withheld plus reasonable attorney's fees. This stringent protection emphasizes the importance of fair treatment and transparency in landlord-tenant relationships, reflecting the values of respect and integrity.

5. Increase Rent Without Notice

In the state of Texas, landlords are required to provide tenants with adequate notice before increasing rent. This mandate protects renters from unexpected financial burdens and ensures they have sufficient time to decide whether they can afford the new rent or need to relocate. 

The terms of the lease agreement govern the specific time frame for this notice. 

• Month-to-Month Leases: Landlords must provide at least a 30-day notice before increasing rent.
• Longer Leases: Notice requirements are typically outlined in the lease agreement.
• Legal Compliance: Rent increases without proper notice are prohibited under Texas law.
• Lease Understanding: Review and negotiate lease terms carefully before signing to ensure clarity on rent increase policies.

What Are The Duties Of A Landlord In Texas?

Understanding what a landlord cannot do in Texas is crucial, but knowing the responsibilities and duties landlords owe to their tenants is equally important. These obligations ensure a safe, habitable living environment and a fair, respectful relationship between landlords and tenants. 

Here’s an overview of the key duties every landlord in Texas must adhere to:

Maintain A Habitable Property

Texas law requires landlords to provide safe, clean, and habitable living conditions. This includes ensuring the proper functioning of essential services such as water, electricity, and heating, maintaining the property's structural integrity, and adhering to all health and safety codes.

Make Repairs Promptly

When a tenant reports a necessary repair, landlords must address and rectify the issue within a reasonable time frame to ensure the property remains habitable. Failure to make essential repairs could be deemed a violation of the lease agreement.

Provide Notice Before Entry

Texas law requires landlords to give at least 24 hours notice before entering a tenant's dwelling except in emergencies. This respects the tenant's privacy and ensures the landlord does not abuse their access to the property.

Return Security Deposits Promptly

Upon the end of a tenancy, landlords must return the tenant’s security deposit within 30 days, subject to deductions for damages that exceed normal wear and tear. An itemized list of such deductions should be provided to the tenant.

Follow Legal Procedures For Eviction

Landlords cannot forcibly evict a tenant without following the proper legal processes. This includes providing written notice and obtaining a court order. Lockouts, shutting off utilities, or engaging in any behavior intended to force a tenant out without legal proceedings are strictly prohibited.

Final Thoughts

Landlord-tenant laws in Texas ensure respectful, lawful, and productive relationships between property owners and renters. Being aware of what a landlord cannot do in Texas allows both parties to uphold their side of the bargain confidently. It provides tenants with the knowledge to protect their rights and gives landlords the parameters to operate, avoiding conflicts and legal issues.

For renters and buyers looking to maximize their leasing experiences, partnering with a property management company like HomeRiver Group can offer additional peace of mind. HomeRiver Group is the premier national property management company, prioritizing your property while leveraging our extensive multi-state footprint and unified national platform. Our unique blend of dedicated local market knowledge and centralized operations, asset management, and reporting capabilities ensures that your rental experience in Texas and beyond aligns with your expectations and legal requirements.

Read also:

• Tips For Keeping Your San Antonio Rental Property In Good Condition
• How to Keep Great Tenants in Your Austin, TX Investment Property
• How Much Does Rent In San Antonio Cost?

Frequently Asked Questions About What A Landlord Cannot Do In Texas

What are the limitations on landlord entry into a tenant's property in Texas?

In Texas, landlords must provide tenants with at least 24 hours' notice before entering their property, except in cases of emergency. This entry must be at reasonable times and for legitimate purposes such as repairs, inspections, or showing the property to prospective tenants or buyers.

Can a landlord in Texas shut off utilities as a form of eviction?

Turning off utilities (electricity, water, gas) to force a tenant out is illegal in Texas. Landlords must follow legal eviction procedures to remove a tenant from the property.

Is it legal for landlords in Texas to remove tenant property without notice?

Texas law requires landlords to follow a specific process before disposing of a tenant’s belongings, which usually includes giving notice and waiting a specific period. Landlords cannot simply remove or dispose of a tenant's property without following these legal steps.

Are Texas landlords allowed to refuse to make repairs?

Landlords in Texas are obligated to make necessary repairs to ensure their properties are safe and habitable. Refusing such repairs might violate state law, mainly if it affects the physical health or safety of the tenants.

Can landlords in Texas discriminate against potential tenants?

It is illegal for landlords in Texas to discriminate against potential tenants based on race, color, national origin, religion, sex, familial status, or disability. This is in line with federal Fair Housing Act standards.

Is it permissible for Texas landlords to enforce non-state-compliant lease terms?

No, lease terms that violate Texas law are not enforceable, even if the tenant has signed the lease. Texas law overrides any illegal or unconscionable lease provisions.