What Landlords Cannot Do in Texas

Renting a home in Texas comes with a set of rights and responsibilities for both tenants and landlords. While most landlords are professional and fair, it's crucial for renters to be aware of their protections under the law. Understanding what a landlord cannot do in texas is the first step toward ensuring a safe and lawful living situation. This guide will walk you through some key restrictions placed on landlords in the Lone Star State.

Prohibit Discrimination

One of the most fundamental rules is that landlords cannot discriminate against tenants based on certain protected classes. Under the federal Fair Housing Act and Texas state laws, a landlord cannot refuse to rent to you, charge you a different rent price, or provide different services based on your race, color, national origin, religion, sex, familial status (having children), or disability. This protection ensures that everyone has an equal opportunity to find housing.

Examples of Housing Discrimination

Discriminatory practices can be subtle. They might include falsely claiming a unit is unavailable, setting stricter income requirements for certain applicants, or steering prospective tenants to specific neighborhoods. If you believe you've been a victim of housing discrimination, you can file a complaint with the U.S. Department of Housing and Urban Development (HUD) or the Texas Workforce Commission.

Conduct an Illegal Eviction

A landlord cannot simply kick you out or change the locks without following a formal legal process. In Texas, this process requires the landlord to give you a written "notice to vacate." If you don't move out by the deadline, the landlord must then file an eviction lawsuit in court. Only after a judge rules in the landlord's favor can they have law enforcement remove you from the property. Any attempt to remove you by force, shut off utilities, or lock you out is considered an illegal eviction.

Retaliate Against You for Exercising Your Rights

Landlords are prohibited from retaliating against tenants who exercise their legal rights. For example, a landlord cannot evict you, raise your rent, or decrease services because you requested necessary repairs, reported a code violation, or participated in a tenants' organization. Texas law protects tenants from such retaliatory actions, ensuring you can advocate for a safe living environment without fear of punishment.

Refuse to Make Necessary Repairs

Under Texas law, landlords have a duty to repair conditions that materially affect the physical health or safety of an ordinary tenant. This is often referred to as the "warranty of habitability." You must notify your landlord of the issue, preferably in writing. If they fail to make the repairs in a reasonable amount of time, you may have legal options, such as terminating the lease or making the repairs yourself and deducting the cost from your rent, as outlined by the Texas Property Code.

Enter Your Home Without Proper Notice

While your lease agreement should specify the landlord's right to entry, they generally cannot enter your home whenever they please. Most leases require the landlord to provide reasonable notice—usually 24 hours—before entering for non-emergency reasons like inspections, repairs, or showing the property to prospective tenants. Entering without notice can be considered a violation of your right to privacy.

Handling Unexpected Financial Strain

Dealing with a landlord dispute or an unexpected move can be incredibly stressful, both emotionally and financially. Securing a new deposit, paying for movers, and covering overlapping rent can strain any budget. In these situations, some people explore financial tools to bridge the gap. For those facing an emergency, cash advance apps can offer a way to access funds quickly to cover immediate expenses without the high interest of traditional loans. Knowing your options can provide peace of mind during a difficult time, allowing you to focus on resolving your housing situation.