Texas state law provides rental housing tenants with basic rights to help ensure their health, safety and security and to protect them from discrimination. Knowing these rights can help tenants identify if their rights have been violated and, if necessary, take action to defend themselves.
According to the Texas Attorney General, Texas tenants are entitled to the following rights:
THE RENTAL AGREEMENT
Your rental agreement is the most important source of information about your rights and responsibilities as a tenant, so make sure you read it carefully before signing it. In it you will find:
For more information about rental agreements and your rights and responsibilities as a tenant, please refer to the Tenants’ Rights Handbook produced by the State Bar of Texas and the Texas Young Lawyers Association.
WHAT TO DO IF YOUR RIGHTS HAVE BEEN VIOLATED
If you think your rights have been violated, you may be entitled to terminate your lease or obtain other remedies. You do NOT have the right to withhold your rent payment, and doing so may give your landlord the ability to evict you or even file suit against you. We recommend the resources below, which can provide you with additional guidance.
Website of the Texas Attorney General
Texas Tenants’ Union (Dallas-based)
Texas Workforce Commission- Civil Rights Division (specifically for tenants who believe they may be a victim of housing discrimination)
**Please note that the purpose of this blog is to be informative. TSAHC cannot provide advice about specific circumstances or situations. If you have a question or concern, please contact your local tenants council or legal aid service.
TIRED OF RENTING?
TSAHC helps Texas families purchase a home through our Homes for Texas Heroes and Home Sweet Texas Loan Programs. Both programs provide up to 5% in down payment assistance that you can put towards your down payment and closing costs. TSAHC also offers a Mortgage Credit Certificate Program for first time home buyers that provides a tax credit that can save you thousands of dollars over the life of your home loan.
Take our Eligibility Quiz to see if you qualify for one or both assistance options. You can also compare assistance options by using our Program Comparison Calculator.
On the House blog posts are meant to provide general information on various housing-related issues, research and programs. We are not liable for any errors or inaccuracies in the information provided by blog sources. Furthermore, this blog is not legal advice and should not be used as a substitute for legal advice from a licensed professional attorney.
I have a landlord that has raised the rent $150 due to expenses incurred when the fence was repaired that was old and broken down before I moved in, also at the same time the AC unit was replaced which she texted me that it had not been replaced since 2005 that was before I moved in. My question is, can my Texas landlord raise the rent to compensate for repairs to the property that was already damaged before I moved in?
Hi Chenelle,
Thank you for your comment.
Is this fee listed in your lease? Generally, a tenant would be bound by the terms of the lease agreement once it is signed. It may be wise to contact your local tenants’ rights council for further legal discussion.
The realtor handling the property is reside at and pay rent for requires all renters to pay $35 extra a month for a maintenance packet on case of needing repairs instead of the realtor having to pay for or get repairs done.Is this legal,I thought the landlord was responsible for repairs at their expense not mine,I may not ever need repairs but have to pay $35 extra every month.
Hello Laura,
In Texas, you are not legally required to have renters insurance. However, your landlord is permitted to require it as part of your Texas rental application. There are several reasons for this, including minimizing their liability and ensuring the safety of those who rent or visit their properties. For more information, please contact your local tenants’ rights counsel.
If apartment complex requires Tenant liability and I get my own policy with State Farm Insurance, can they force me to pay for their liability coverage also.
Cole Park Apartments at 6804 Henneman Way McKinney Tx 75070 is stating this.
Hello Mike,
Thank you for your comment. I’m sorry to hear of your problem. It may be wise to contact your local tenants’ rights council for further legal discussion.
My landlord is trying to make me pay my half of the rent when my friend and I who is a disabled vet had an agreement that he pay the rent in full and I do the work to the house and take care of his meals and such but the landlord is interfering with our personal life and trying to control our financial situation here between us and telling him don’t pay my half just his and trying to make me leave saying I’m taking advantage of him and I’m not he is my best friend and it was him who made the decision to pay the rent in full as long xas I’m there to help him she has been harassing me and last month he paid it in full but she insisted I pay my half when I did my friend said he had already paid the rent in full and when I asked about it she said nothing and kept my money and is asking for my half again this month or for me to leave she has no authority to tell us who pays what as long as the rent is paid am I correct ....please help
Hello Ashli,
Have you discussed the problem with them yet, be sure to approach them first without taking any further action. If you have spoken with them, you might contact your local tenants’ rights council to see what rights you do have.
Is it legal for my landlord to force me to move to another unit after a major surgery. My daughter is 4 and runs ND jumps alot we are upstairs and I’m due to have my 2nd child in 2 days can she force us out after having a c section.
Hello Scwyana,
Is your landlord infringing on your rights as a tenant? Well, if you haven’t discussed the problem with them yet, be sure to approach them first without taking any further action. If you spoken with them several times about the issue and they still haven’t taken action, then you can take legal action. Consult a lawyer that specializes in real estate and housing. Contact your local tenants’ rights council or if you’re a student at a large university, your institution may offer free or discounted legal services to students.
I have a person posing as a landlord without a lease used a Pct to do an eviction without going to court or any legal documents of being a landlord. Please help
Hello Rene,
As long as you are paying, landlords must generally stay out of a property as long as tenants are paying rent. The only exceptions are in the case of an emergency, a repair, or a house showing for potential tenants in the future. Most states require a landlord to give 24-hour notice before entering the unit, but that, too, can vary by city. Some areas have no set minimum for advance notice.
This month Apartment manager request to come in to do inspection on air unit change filter and check thermostat now less than 30 days they want to come in again. To inspect all rooms is this allowed. If so what do they need to inspect. An as a tenant do I have rights to complaint if they want repair the light at my front door and not fix the gate for security.
Hello Emily,
Well, if you haven’t discussed the problem with them yet, be sure to approach them first without taking any further action. If you spoken with them, you might contact your local tenants’ rights council about it. If you’re a student at a large university, your institution may offer free or discounted legal services to students.
Hello La Shunda,
Thank you for writing in. I’m sorry to hear of your trouble.
Please contact your local tenants’ rights council to further discuss the legalities.
Hi
I live in a apartment complex and management is making every resident pay 80.00 a month for cable service and 20.00 a month for package service. I have my own cable and do not want to get the cable they offer and do not want my packages delivered by the service we have to pay 20.00 a month for. Can they force you to pay for extras you do not use? The package service was 10.00 a month and just went up to 20.00 so management is profiting 10.00 a month from each resident.
I need to report my landlord and I need to know my rights as a tenant. I been in my home for 16 years the property was bought by some more people. When we met the owners, it was an elderly Indian man and his father who brought the property. The elderly man was really old he had a lot of health problems like he couldn’t hear. He was a great man we have a small dog in the home he didn’t have a problem with our dog, so he didn’t charge us. We have been with them for about 4 years now. The older man health started to fail. So, we met him and his daughter she began to deal with us and the issues of the home. So now we are dealing with his daughter or so they say it’s his daughter it’s been so many people to deal with. The fence in the back yard fell completely apart we informed her about the fence that she never repaired but still asking for money. Thats been about 4 months now I have photos. This is where the problem comes in the home has flooded the entire house was ruined far as the hardwood floors and the carpet. We informed her of the problem she filed an insurance claim had people come in and remove the hardwood floors an and put all my furniture in the garage and there is still mold from the wet carpet that they never removed. The people came in and tore up the entire floors except for the carpet. All of a sudden, the workers stopped coming and she started sending text messages. Talking about signing a new lease and the rent is going up from $1600 to $1850 and how she doesn’t like pets and there will be a pet deposit of $600. It been a month and the floors are still not fixed. She sent emails to sign a new lease if we don’t, she will evict us, but she hasn’t fixed these floors and there is still mold growing in this house. But mind you we still haven’t heard from the owner. She will not have the owner contact us our lease is up, and I am not signing no lease with this house looking like this. I have pictures and text messages .I need answers please.
Hello Venita,
The right to quiet, peaceable enjoyment of a rental property is an implied “covenant,” or promise, under the law. Many written leases also contain a clause guaranteeing a tenant’s ability to live peacefully in their rental property.
This covenant prevents a landlord from disturbing their tenants. It also makes the landlord responsible for other tenants who create disturbances. It does not make a landlord responsible for disturbances by strangers or people who do not also rent from them.
If your landlord’s actions or inaction regarding other tenants is disturbing you in your rental, you may contact your local tenants’ rights council who can advise you about how to proceed.
Hello Estie,
Thank you for your email.
Landlords are required to make routine repairs in a timely fashion, no matter how small. Major repairs that compromise day-to-day living for tenants should be a top priority. If your landlord does not respond to your first request, then send a second request with a repair deadline. After all, you are paying to live there. You are entitled to a clean, functioning household. If major repairs go ignored for more than five days, contact your local tenants’ rights council to discuss your options.
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Hello Beth,
Thank you for your question. I’m sorry to hear of your problem. It may be wise to contact your local tenants’ rights council for further legal discussion.