When it comes to renting a property, both landlords and renters need to have a good understanding of their state’s landlord-tenant laws to be aware of their rights and responsibilities. If you live in Texas, this article explains what you need to know about landlord and tenant law and aims to prevent you from committing unlawful eviction or violation of lease agreement.
Texas tenancy laws require a residential landlord to disclose specific information in their rental agreement with the tenant, including the names of the people who are authorized to act on behalf of the landlord, and the rights of tenants if the landlord fails to make the necessary repairs for the rental property. Lead-based paint and other federal disclosures required by the US Department of Housing and Urban Development should also be disclosed in the renting agreement. For more legal information, check with your state law or consult a real estate attorney.
The security deposit is one of the main causes of landlord-tenant disputes, which is why there are laws regarding the limit and return of security deposits. In Texas, there are no limits to how much deposit can be charged by the landlord, but they are required by law to return the deposit within 30 days after the renter has left or was evicted.
If there’s unpaid rent or damages in the rental unit upon vacating the property, you should provide an itemized list of these to deduct from the security deposit. If you’re having trouble settling a security deposit dispute, seek legal advice from a local landlord attorney.
The state’s landlord-tenant law also regulates the rules for payment of rent and how much late fees are incurred after nonpayment. Knowing these laws is important to avoid tenant issues in collecting rent.
In Texas, a tenant is legally obligated to move out after three days of non-payment of rent. Rent withholding, or refusal to pay the rent, is also a part of tenant rights if their landlord fails to repair or keep the rental housing habitable. If your tenant withheld their rent and you’re not certain if it’s within their legal rights, make sure to speak with an experienced landlord lawyer as soon as possible.
Termination and Evictions
Lastly, your tenancy agreement should have clear guidelines regarding lease termination. In Texas, you’re required to send a notice to vacate at least three days before if you want to evict a tenant. If the tenant ignores the three-day notice to quit, the landlord can file for eviction to send an eviction notice to the tenant they rent to.
It’s also possible to terminate a lease due to subletting or other violations of the agreement on the tenant’s end. Landlord attorneys can provide legal help in evicting tenants and ensure that you follow the law throughout the eviction process.
If you’re having legal trouble dealing with tenants after breaking a lease or failing to pay rent, you should always ensure that you’re following the landlord and tenant act while exercising renters’ rights. Our experienced landlord’s real estate attorney at Girling law, PLLC can provide you with the legal assistance you need to protect your rights as a property owner. Call us today to schedule a consultation with us!