As a landlord in Dallas, it’s important to understand landlord-tenant laws. This knowledge of federal, state, and municipal landlord tenant laws will help you steer clear of potential lawsuits from tenants, as well as make you more confident in managing your Dallas rental home according to state law. It's important for owners to be familiar with these laws when drafting rental agreements and collecting rental payments for your tenants.
In this post, we will discuss required landlord disclosures in Texas, cover rights and responsibilities under landlord-tenant law, and provide an overview of the Texas Property Code. It's important for both parties to comply with these laws and lease terms from lease signing until the end of the lease agreement.
So, let’s get into what it takes to lease your rental to tenants!
Required Landlord Disclosures in Texas
tenants in the lease terms. The following are the disclosures:
- Security deposit:
Under Texas landlord-tenant laws, landlords don’t have to follow any set maximum amount for security deposits. There are also no rent control laws. However, for security deposits, most landlords charge one month's rent to two month's rent. Charging one month’s rent is a strategy most landlords use.
When refunding the deposit, landlords have a 30-day period to perform the return to tenants. If landlords ignore this regulation, it can cause legal landlord-tenant issues and you will be liable to pay a $100 fine, attorney fees, and triple the security deposit amount.
If you make deductions to the deposit, it’s important to provide tenants with a list of the deductions containing specific information of the repair expense costs, or risk facing legal issues. If Texas landlords fail to do so, then charges will not be deducted from the security deposit by law.
- Rights of domestic violence victims:
Under state law, tenants who are victims of domestic violence are permitted to break their tenancy agreement without penalty. According to pertinent laws and rules, they are not required to send a written notice to the landlord before breaking the annual lease. If you, as a landlord, prevent a tenant from breaking the agreement, you’ll be issued a financial penalty.
A tenant who’s a victim of domestic violence will need to provide their landlord with evidence. The tenant will be required to present the following documents:
- Temporary injunction.
- Temporary ex parte protective order or a final protective order.
If a tenant provides you with these documents, they can end the tenancy early without being burdened by penalty fees.
- Owner or agent identity:
Under state law, your rental agreement, as a landlord, has to include the following:
- Full name and address of the landlord and/or property owners.
- Full name and address of the management firm representing the rental owner.
Texas Tenant Rights and Responsibilities
A Texas tenant's rights under law include the right to:
- Live in a safe and secure rental unit.
- Reside in a well-maintained, clean and habitable unit throughout the lease term.
- Have requests for repairs be attended to promptly at the landlord's expense (not including normal wear and tear)
- Be served a reasonable notice if facing eviction.
- Quiet enjoyment and minimal disturbance.
As basic renter responsibilities, a Texas tenant must:
- Refrain from causing disturbance to other tenants in the rental.
- Comply with the terms and conditions set and signed in the lease or rental agreement, including rental payments.
- Reasonably clean and maintain the rental to keep it sanitary.
- Settle any unpaid rent promptly.
- Strive to maintain the habitable condition of the rental.
- Give reasonable notice when ending the lease.
- Avoid causing damage outside of normal wear and tear.
- Make each rent payment on time for the duration of their tenancy.
Texas Landlord Rights and Responsibilities
As basic landlord rights under Texas law, a landlord has the right to:
- Be informed by the tenant, with a minimum of 1-month notice, if they plan to move out.
- Gain entry of the rental without providing notice during emergency situations.
- Collect rent on time for the duration of the lease period.
- Evict a tenant for unpaid rent.
As basic landlord responsibilities, a landlord must:
- Refund the tenant’s security deposit within the 30-day period after the tenancy ended.
- Avoid engaging in retaliation against tenants by increasing the rent or reducing services after receiving a complaint. This is illegal according to Section 92.331 of theTexas Property Code.
- Respond to tenant maintenance requests and conduct repairs within a 7-day period to keep the rental habitable.
An Overview Texas Landlord Tenant Law in Texas
1. Tenant Privacy and the Landlord’s Right to Enter the Dwelling
Under Texas Landlord Tenant laws, you must issue a notice of entry before entering the rental property. However, there are no specific guidelines for the landlord tenant law that determines the required period of notice a landlord must give. Therefore, the yearly lease agreement should be followed. State law reads that a landlord should only enter the unit without written notice if it’s an emergency or if it’s a court order.
2. The Condition, Maintenance and Repairs
Maintenance is a landlord’s responsibility under law. The following are conditions that landlords must practice when managing their rental:
- Ensuring that proper waste disposal is provided to the renters.
- Eliminating pest infestation to keep the rental properties habitable.
- Paying attention to the plumbing, electrical and lighting system for the safety and convenience of the renters.
3. Housing Discrimination Laws
Landlords must abide by the Fair Housing Act. The Fair Housing Act provides equal rent and housing opportunities for all and prevents discrimination based on race, color, religion, national origin, sex, disability, and familial status. This protects all classes from discrimination or potential landlord harassment.
4. Security Deposits
Landlords can request that a tenant pays a security deposit. A security deposit is used to:
- Cover payment when a tenant vacates the rental and the rent remains unpaid.
- Pay for repairs caused by a tenant’s negligence.
- Finance for cleaning charges if the renter leaves behind an inhabitable unit.
6. Renter's Right to Withhold Rent
If a landlord refuses or fails to perform their responsibility to address necessary repairs, tenants can withhold rent without it being considered a lease violation. To deal with landlords not upholding their end of the lease agreement, tenants make choose to:
- Send a notice to Texas health inspectors if the landlord fails to provide a habitable rental unit.
- Apply the “repair and deduct” rule by deducting the repair charges from the monthly rent.
- Break the lease early.
7. Small Claims Lawsuits
If there are issues regarding security deposits or a landlord fails to abide by Texas state law, Texas tenants can file a lawsuit against the landlord per Texas state law. In the Texas justice court of law, a tenant can sue the landlord for up to $10,000. Court costs and attorney fees can add up, so it's best to try to resolve issues like being late to pay rent quickly and professionally out of the courtroom.
Bottom Line
Understanding Texas landlord-tenant law, and all state and federal laws pertaining to rentals, is extremely important for you as a Texas landlord. It will help you steer clear of potential lawsuits from tenants, as well as make you more confident in managing your Dallas rental home.
If you need more Texas law help or need a hand navigating landlord-tenant relationships, contact property managers at SGI Property Management Dallas. We are one of the top management companies in Dallas! We serve the areas of Dallas, Fort Worth, Arlington, Irving, Grapevine, Richardson, Plano, McKinney, Frisco, Garland, Grand Prairie, Mesquite and Carrollton.
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Please note that this blog should not be used as a substitute for legal advice from a licensed attorney in Texas. Laws frequently change, and this post might not be updated at the time of your reading.
