Tenant's Rights in Texas

You want to rent in Texas. Whether you are renting an apartment, home, or leasing a space for a business, it is important to read your lease carefully. This article will help you understand basic issues tenants face with their landlords and why seeking legal help is important.

Evictions: Under Texas Law, a Landlord must provide three days' notice to vacate a property before filing for eviction even when there has been a breach of the lease or non-payment of rent. You as the Tenant can start the constructive eviction process if the property you are leasing is not even habitable.  Constructive eviction is a unique kind of eviction that is performed by a tenant rather than a landlord. It’s usually considered a last resort. When a landlord violates the Warranty of Habitability by failing to provide a habitable living space as required by law, you can use constructive eviction to terminate your lease, ending your responsibility for rent payments. You can even seek damages in court.

Personal Property: Check your lease to see if there is a section in which the landlord can take a lien on your personal property in the event of a breach or non-payment of the lease. This is important. Personal property means things that you have paid for and are moveable like your T.V., your clothes, etc.

Conditions that must be repaired by Landlord: The law in Texas requires your landlord to repair conditions that affect the health and safety of the tenants. But keep in mind, a landlord does not have to pay for any repairs if the tenant is late on the rent payments or if the tenant created the condition that needs repairing. For example, if one of the tenant's guests punched a hole in the wall. Additionally, a Landlord is not required to furnish security guards from the property or to furnish utilities from a utility company if as a practical matter, the utility lines of the company are not reasonably available.

Commercial property: What about those who are renting a space for their business? Recently, there have been many cases in which a landlord locks a commercial tenant out from the property. Depending on the lease, this could be considered a wrongful lockout. The Landlord must give notice to the tenant the location where the tenant can pay the delinquent rent and receive the new key. If this is not done, the tenant may have a case against the Landlord.

Get more information about the Texas Property Code and commercial leasing from The Law Offices of Khalid Y.  Hamideh & Associates. Mr. Khalid Hamideh and his associates have over 35 years of experience in helping aggrieved commercial tenants and landlords with business and real estate issues. Call us today to schedule a consultation at 214-515-0000.

*Disclaimer: This article is not intended as legal advice and should not be construed as such.