Landlord/Tenant (Texas)

Home Texas Landlord/Tenant

Prohibited Practices/Illegal Lease Clauses

Occupants and Visitors (Texas)
The landlord can limit the number of occupants who live in the house or apartment. The maximum number should depend on the number of bedrooms and the age of the occupants.

FAQs On Heat & Air-Conditioning, Discrimination, Duty To Disclose Owner/Management Agency, Health Code Violations, The Landlord's Right To Enter and Where To Get Legal Help

Where To Get Legal Or Government Assistance (Texas)
Government, nonprofit and commercial groups to help you when you're in trouble.

Finding Out Who Owns and Manages the Premises (Texas)
If they don't tell you you can sue for damages and attorney's fees and even break the lease.

Serving Court Papers on Your Landlord (Texas)

Landlord/Tenant Attorney Desk Reference Manual (Texas 1995)
For information about court cases and law on almost any landlord-tenant issue!!!!

See Repairs

See Discrimination/Fair Housing

See Evictions

Where To Go For More Help

Discrimination/Fair Housing

Discrimination (Texas)

Occupants and Visitors (Texas)
The landlord can limit the number of occupants who live in the house or apartment. The maximum number should depend on the number of bedrooms and the age of the occupants.

Where To Get Legal Or Government Assistance (Texas)
Government, nonprofit and commercial groups to help you when you're in trouble.

Finding Out Who Owns and Manages the Premises (Texas)
If they don't tell you you can sue for damages and attorney's fees and even break the lease.

Serving Court Papers on Your Landlord (Texas)

Landlord/Tenant Attorney Desk Reference Manual (Texas 1995)
For information about court cases and law on almost any landlord-tenant issue!!!!

Help Resources In Urban Areas
Where to find help if you've been the victim of discrimination.
See also subtopic on "Legal Help".

http://tenant.net/otherareas/uscode/fair-hse.html
Learn what housing is covered, the types of discrimination that is prohibited and where to go for help.

Housing Exempt From The Fair Housing Act
Some housing can discriminate. Find out which.

Discrimination In Advertising Related To Housing

What Is a Disability As Defined By The Fair Housing Act

Filing A Lawsuit Under The Fair Housing Act

Requirements For New Buildings (Built After 19991)

Procedures & Penalties For Violations

www.accessut.state.ut.us/advobook.htm
Guide to finding accessible housing for people with disabilities.

Where To Go For More Help

For More See Prohibited Practices/Illegal Lease Clauses

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Retaliation

Retaliation (Texas) (Google)

Federal law may protect you from a landlord's retaliation if the decision was based on your race, color creed, national origin, marital or family status or age if over 40. For details see Discrimination/Fair Housing.

If the landlord is punishing you for exercising your legal rights, you may have to sue in court. For help, call your landlord tenant hotline, or get media support through your local TV, newspaper or radio station.

FAQs On Leases (Texas)
Landlord's retaliation for requesting to make repairs, Landlord's right not to renew your lease and your right to move out based on constructive eviction.

Finding Out Who Owns and Manages the Premises (Texas)
If they don't tell you you can sue for damages and attorney's fees and even break the lease.

Serving Court Papers on Your Landlord (Texas)

Lockouts (Texas)

Utility Disconnection (Texas)

FAQs On Repairs (Texas)
Repairs landlord must make, your rights when he doesn't, illegal retaliation, and who you must hire to make repairs when your landlord won't.

Where To Go For More Help

For more help see Lawyers, Courts & Self Help

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Uninhabitable Premises/Constructive Eviction

Sometimes a landlord will create a nuisance or fail to make needed repairs. If such actions make the premises unlivable, the law may permit the tenant to immediately move out and sue for "constructive eviction."

If the tenant wins, damages can be collected for back rent, damage to furniture and other expenses.

Note a tenant cannot normally sue for constructive eviction unless the problem caused them to move out before the end of their lease.

Some states even allow for a partial constructive eviction, such as when the landlord's negligence makes only part of your apartment unlivable. For example. Suppose your landlord did not repair the leaky ceiling and as a result of this you can no longer use your dining room. Then at least as far as the use of your dining room goes, you have been constructively evicted.

Note: The rules for constructive eviction depend on case law and vary from state to state.

So be very careful about claiming constructive eviction without first seeking help from an attorney.

Help Resources

FAQs On Leases (Texas)
Your right to move out based on constructive eviction.

Where To Get Legal Or Government Assistance (Texas)
Government, nonprofit and commercial groups to help you when you're in trouble.

Landlord/Tenant Attorney Desk Reference Manual (Texas 1995)
For information about court cases and law on almost any landlord-tenant issue!!!!

Finding Out Who Owns and Manages the Premises (Texas)
If they don't tell you you can sue for damages and attorney's fees and even break the lease.

Serving Court Papers on Your Landlord (Texas)

For More Help, See Repairs and Lawyers, Courts & Self Help

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Form Letters (Samples)

Notice To Landlord To Make Repairs (Texas)

Texas Tenant Form Letters
Various demand letters relating to security deposits, lockouts, repairs and more.

Where To Go For More Help (Consumer-SOS)

The Forms Below Are Generic & Not State Specific

FOR TENANTS

Tenant's Notice To End The Tenancy

FOR LANDLORDS

Amendment Of Lease (Lawsmart.com)

Assignment Of Lease (Lawsmart.com)

Sample Residential Lease (Lawsmart.com)

Consent To Assignment Of Lease (Lawsmart.com)

Sample Tenant Notice Invoking Option To Renew Lease

Landlord Demand Letter Informing Tenant Of Breach Of Tenancy And What Tenant Must Do To Make Amends

Landlord Notice To Terminate The Tenancy (Lawsmart)

Lease Termination Agreement (Lawsmart)

Memorandum Of Lease (Lawsmart)

Notice Of Rent Increase (Lawsmart.com)

Residential Rental Application (Lawsmart.com)

Notice To Tenant To Make Repairs (Lawsmart.com)

Where To Go For More Help

Mobile Homes

Mobile Home T enant Rights in Texas

Rights Of Mobile Home Owners (Texas)

Where To Get Legal Or Government Assistance (Texas)
Government, nonprofit and commercial groups to help you when you're in trouble.

Finding Out Who Owns and Manages the Premises (Texas)
If they don't tell you you can sue for damages and attorney's fees and even break the lease.

Serving Court Papers on Your Landlord (Texas)

HUD/Public Housing

Public vs. Private Housing

Public housing differs from private housing in two important ways. In public housing, a family's rent is based on the family's income and size. In a private house or apartment, rent is set by the landlord. In addition to this, many of the rights and duties of public housing tenants are directed by federal law. In contrast, most rights and duties of private tenants are set by the landlord. In most cases, you actually have more rights in public housing than in private housing.

Links To Local HUD Offices Throughout US

HUD Help
Federal laws and regulations protect you from discrimination, fraud, and unscrupulous practices in buying and renting a home. Know your rights.

http://tenant.net/Other_Areas/Public/butler.htm
Admission, rents and lease requirements, eviction and grievances procedures and help numbers.

State Housing Authorities (All 50 States, DC & US Territories)
State housing agencies may give money and advice directly to low- and moderate-income people to help with rent, utilities,
repairs to remove health and safety hazards, accessibility for the handicapped, and becoming homeowners. They also may construct, own, and manage public housing, which usually includes providing social services for the residents.

Where To Go For More Help

Right To Tenant's Property Left Behind

Landlord's Right to Remove Property (Texas)
Your right to property when late on rent or when you've left the apartment.

Where To Get Legal Or Government Assistance (Texas)
Government, nonprofit and commercial groups to help you when you're in trouble.

Tenant Rights in Texas
Detailed information concerning leases, rent issues, security deposits, evictions, landlord liens, repairs, retaliation, security devices, utilities and more. Cites Texas statutes and case law.

Landlord/Tenant Attorney Desk Reference Manual (Texas 1995)
For information about court cases and law on almost any landlord-tenant issue!!!!

Crime Prevention

Contacting Your Neighbors (Consumer-SOS)
Use Internet phone books and reverse lookups to find out who your neighbors are and contact them. Good to organize a neighborhood watch, or simply have them turn down the noise.

FAQs On Renter's Insurance (Texas)

Safety-The Landlord's Duty Regarding Locks, Smoke Detectors and Other Security Devices (Texas)
Also says you have the right to have a keyless deadbolt to keep the landlord from entering your apartment without notice.

Locks and Security Devices (Texas)

Nuisance Abatement Can Stop Crime (Texas)
Under the Texas nuisance abatement statute, any property can be closed down by court order if it is being use as a crack house, brothel, gang headquarters, or other base of operations for criminals. The statute works by holding the property owners and managers responsible for what happens on their property.

Landlord/Tenant Attorney Desk Reference Manual (Texas 1995)
For information about court cases and law on almost any landlord-tenant issue!!!!

Getting Your Landlord To Prevent Crime (General)

Where To Get Legal Or Government Assistance (Texas)
Government, nonprofit and commercial groups to help you when you're in trouble.

See Nuisances, Noise & Neighbors

Help Agencies & Mega Sites

Texas Tenant Advisor
Non-profit group that promote the rights of low-income people and tenants in Texas and provides them with free information about their rights.

Houston Tenants (Texas)
See bottom of page for resources and law.

Form Letters (Samples)

Help Groups Throughout Texas (Consumer-SOS)
How to find legal help and deal with housing code problems, discrimination, roommates, late rent and lack of money, finding an apartment, transportation, health & safety and more.

Can't Pay Your Rent, Mortgage or Utilities? (Consumer-SOS)
Step by step on what to do and where to go for assistance.

Find Your Local Newspaper, Magazine, Radio & TV Stations
Give them a little bad press and you're bargaining power increases tremendously. Select Texas, and then click on your county or city for the proper media to report to. (DC Not Included).

Find The AARP In Your State
The AARP offers legal advocacy for seniors and may also have state specific consumer brochures which are available to everyone.

http://www.badlandlords.info/
Has help agency #s for 31 states, i.e. where to report your landlord and where to get free legal help. Also has links to each state's landlord/tenant laws.

http://directory.tenantsunion.org
This site has excellent resources, help numbers and links to pro-tenant publications in almost every state. It's a really good site!!!

http://tenant.net
This online resource for residential tenants has links to the law in 28 states, Australia, Canada and the UK. They also have articles and tips for the lay person.

http://www.mrlandlord.com/html/frametop_frametop.html
This site has select laws from each state on security deposits, evictions and landlord laws, but it's not consumer friendly. Their "landlord Laws" sections may have stuff on notice to end tenancy and other stuff tenants should know.

United Way Help Line (For all 50 States, DC & Puerto Rico)
Choose Texas, select your city, and look up help agencies throughout your city and state. Their stellar search engine can lead you to any social service topic you can think of. Just type in the words "housing rights" or "HUD" or "housing Authority" or "housing codes", etc.

National Help Orgs For A Variety Of Consumer Problems
The Elderly, Environment, Families, Fraud, Health & Safety, Insurance The Handicapped, Medical Problems, Telemarketing and more.

For More General Advice, See

www.nolo.com

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Misc.

Assistance With Your Utility Bills (Texas)

Find Your City's Municipal Codes
Learn how your city code treats, garbage, nuisance and safety hazards. If you can't find your city, follow their links to other code sites that can help you.

States With Extra Protections For Landlords