Texas Rental FAQs: A Landlord-Tenant Guide

Did you know Texas has no cap on security deposits?

Navigating the complexities of a landlord-tenant relationship in Texas can often feel overwhelming for both parties. Given the extensive and detailed legislation governing these interactions, it’s hardly surprising that misconceptions and misinformation abound. 

In this article, we’ll address some of the most frequently asked questions, ranging from handling security deposits to repair obligations.

FAQs for Texas landlords

1. What are my responsibilities as a landlord in Texas?

As a landlord in Texas, you have a number of important responsibilities outlined in the lease agreement and the Texas Property Code (chapters 91 and 92, specifically). 

Here are some of your most critical responsibilities:

• Implied warranty of habitability: You must ensure the rental property is habitable, maintaining structural, health, and safety standards.
• Quiet enjoyment: Tenants have the right to use their rental without unreasonable disturbances.
• Maintenance and repairs: You are obliged to make diligent efforts to repair any condition that affects the tenant's physical health or safety, provided the tenant is up-to-date on rent and has given proper notice.
• Security deposits: You must return the security deposit within 30 days of tenancy termination, minus any lawful deductions.
• Non-discrimination: Adherence to fair housing laws is mandatory, prohibiting discrimination based on protected characteristics.

2. How do I handle security deposits in Texas?

There’s no legal cap on the amount you can ask for a security deposit in Texas. Nevertheless, security deposits typically range from one to two months’ rent.

Security deposits must be returned within 30 days after the tenant moves out, along with an itemized list of deductions if applicable. The failure to follow these rules can result in treble damages and legal fees.

3. Can I enter the property without notice?

In Texas, landlords must provide reasonable notice (typically 24 hours) to the tenant for routine inspections or repairs. However, in emergency situations or when the tenant has abandoned the premises, landlords are permitted to enter a rental property through reasonable means without notice.

4. How do I handle pest control in my rental properties?

For multi-unit residential buildings, the Texas Structural Pest Control Act mandates that only certified individuals or businesses can apply pesticides. Landlords must provide at least 48 hours written notice to the tenants before any pest control services are performed. 

For single-family residential properties, uncertified owners may apply pesticides themselves.

5. Am I required to install smoke detectors in the rental unit?

Yes, Texas law requires that all residential rental units have appropriate smoke detectors installed in each bedroom, any corridors immediately near bedrooms, each level of a multi-level dwelling unit, and in efficiency or single-room units. 

You must also inspect and test all installed smoke detectors at the beginning of a tenant’s occupancy.

FAQs for Texas tenants

1. What are my rights and responsibilities regarding repairs?

Tenants must promptly report any maintenance or repair needs. While landlords are responsible for most repairs, tenants must not cause damage beyond normal wear and tear. 

The Texas Property Code requires that landlords make repairs within “a reasonable time.” In most cases, seven days is considered a reasonable amount of time.  

If your landlord fails to make a repair, you might be able to terminate your lease, file a lawsuit, or repair and deduct the cost of repairs from your rent.

2. How can I ensure the return of my security deposit?

To maximize the chances of getting your full security deposit back:

• Conduct a move-in and move-out inspection, documenting the property's condition.
• Maintain the property in good condition.
• Provide your landlord with a forwarding address in writing.
• If disputes arise, consider mediation or legal action for resolution.

3. What are my rights concerning mold in my rental unit?

In 2004, the Institute of Medicine (IOM) established a clear association between indoor mold exposure and several respiratory issues. Recent research has indicated a possible connection between exposure to mold at an early age and the onset of asthma in some children, especially those genetically predisposed to the disease.

In Texas, while there are no specific laws about mold, landlords are required to address any condition that materially affects the health or safety of tenants. If mold is present and potentially harmful, tenants should notify their landlord in writing. If the landlord fails to address the mold issue, tenants may have legal recourse to ensure remediation.

4. What should I do if my landlord refuses to return my security deposit?

If your landlord refuses to return your security deposit, start with a direct reminder; it could be an oversight. Should this not yield results, a formal letter sent via certified mail may serve as a necessary nudge, providing a clear record of your attempts to recover your deposit.

Ensure you're familiar with your lease's specifics regarding the security deposit, and gather all documentation showcasing the property's condition upon your move-in and move-out. This could include photographs, videos, and any inspection reports.

Should these steps fail, you might consider seeking legal advice. A lawyer specializing in landlord-tenant law can offer guidance and may draft a demand letter to your landlord, highlighting the potential legal repercussions of withholding your deposit without just cause.

If the issue remains unresolved or you’re unable to afford an attorney, filing a claim in small claims court might be your next step, allowing you to present your case and evidence without the need for formal legal representation.

5. What should I do if my rental unit needs pest control services?

Notify your landlord in writing if you believe pest control services are needed. Texas law requires landlords to provide at least 48 hours written notice before performing pest control services in multi-unit buildings. Ensure that any pest control performed is by a certified professional, as mandated by the Texas Structural Pest Control Act.