As a landlord, it is important to understand not only your rights but also your limitations under Texas landlord-tenant laws. While landlords have some authority over their rental properties and tenants, there are also many actions and behaviors that are prohibited.
In this article, we will explore the key things that landlords cannot do when renting properties in Texas according to state law.
Retaliate against tenants
One of the most important prohibitions for landlords in Texas is that they cannot retaliate against tenants who choose to exercise their legal rights.
This means that if a tenant makes a repair request, complains about an issue to a local authority, or files a small claims lawsuit regarding unpaid rent or a security deposit, the landlord is not allowed to retaliate by evicting them, restricting tenant rights, changing locks, shutting off utilities, or hiking up rent prices in response.
Retaliation is illegal in Texas as it deters tenants from advocating for their rights and creating unhealthy power dynamics.
Refuse entry during repairs
While landlords do have the right to enter a rental property for repairs, showing the unit, or inspections with proper notice, they cannot refuse entry if repairs are being conducted at the request of the tenant.
If a tenant complains about issues affecting their health, safety, or structural/mechanical functioning, the landlord must allow repair technicians, inspectors, or contractors to enter the unit to assess and address the problem.
Denying access could result in a violation of Texas’ landlord obligation to provide habitable housing.
Discriminate against tenants
As governed by the federal Fair Housing Act, landlords are prohibited from discriminating against tenants based on protected classes like race, color, national origin, religion, sex, familial status, or disability status. This means rejecting or treating applicants differently due to these attributes is illegal.
Landlords must apply screening criteria equally and fairly to all potential tenants without regard for personal attributes. Violating anti-discrimination protections can lead to significant legal penalties.
Related: What Should I Do If My Landlord Has Locked Me Out?
Fail to return deposits unlawfully
Per Texas landlord-tenant law, security deposits may only be retained to cover repairs beyond normal wear and tear or unpaid rent/fees according to the rental agreement terms. Landlords cannot refuse to refund partial or full deposit amounts at the end of a lease without documentation and valid reasoning.
Failure to provide a detailed deposit disposition letter itemizing deductions within 30 days or returning any leftover funds is against the law. Unfair deposit withholding opens landlords up to potential small claims lawsuits.
Increase rent without notice
Rental price increases must follow established notification procedures to comply with consumer protection regulations. Landlords cannot arbitrarily raise rent during a lease term or change the payment amount without providing tenants with proper written notice, typically 30-60 days in advance.
Failure to communicate rent hikes properly denies tenants the ability to budget appropriately or find alternate housing if needed. Price adjustments must respect notice periods.
Withhold basic repairs
Under the implied warranty of habitability, landlords have an obligation to maintain rental properties and address issues that could impact safety, security, or residential living standards.
As such, Texas landlords cannot deny legitimate repair requests or ignore major problems like faulty plumbing, malfunctioning heating/cooling systems, structural damage, pest infestations, or other health code violations that render the space uninhabitable.
Neglect property standards
While tenants are required to keep properties reasonably clean and undamaged, landlords must maintain certain structural and operational property standards.
Issues including faulty exterior locks, inoperable smoke/carbon monoxide detectors, broken windows or doors, inefficient plumbing/electricity, and more reflect landlord negligence if not addressed.
Substandard housing can even trigger rent escrow by city inspectors until upgrades bring the unit back up to code. Landlords have a duty to regularly maintain properties.
Violate quiet enjoyment
The tenant right to quiet enjoyment of rented properties means that landlords are prohibited from excessively disturbing occupants or creating unlivable noise/activity levels that infringe on peaceful use of the space.
This includes invading tenant privacy, harassing residents, failing to address neighbors causing disturbances, or allowing unsanctioned showings/contractor access that violates notice periods and disrupts quiet enjoyment rights. Legal recourse exists for severe violations.
Conclusion
While landlords certainly have authority over rental properties like collecting rent and conducting inspections, their powers are not unlimited under Texas tenant laws. Discriminating against residents, retaliating for complaints, refusing access or repairs, withholding deposits unfairly, raising rent without notice, neglecting maintenance duties, and violating quiet enjoyment rights are all prohibited behaviors.
