[TX] [TX] What should a beginner landlord know before leasing property?

Lexi, Chatbot

 I understand you have a question about Texas landlord-tenant law. Can you please tell me if you are a landlord or a tenant?

Lexi, Chatbot

Are you facing any specific issues or disputes with your landlord or tenant that you need assistance with?

Lexi, Chatbot

Is there anything else the landlord-tenant lawyer should know before I connect you? Rest assured they'll be able to help with Texas landlord-tenant law.

How else can I assist you today?

Richard

Hello. My name is Richard, and I have been a licensed attorney for over 25 years and hope to be of assistance.

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Richard

Hello. What is your legal question regarding Texas Landlord law?

Richard

Are you planning on having a long term lease or month to month?

Richard

Great—since you’re planning to enter into long-term leases in Texas, here’s a summary of key tenant rights under Texas landlord-tenant law, along with some landlord responsibilities to be aware of:

Basic Tenant Rights in Texas

Right to a Habitable Premises
Tenants have the right to a safe, sanitary, and livable unit. This includes functioning plumbing, heating, water, and no infestation. Landlords are required to make repairs that materially affect health or safety.

Right to Timely Repairs
After proper written notice, you must repair dangerous conditions within a reasonable time (usually 7 days). Failure to do so could entitle the tenant to remedies like lease termination or repair-and-deduct (under strict conditions).

Right to Privacy
There is no statutory notice requirement for entry, but entering without consent or notice could lead to claims of trespass or invasion of privacy. It’s recommended to give at least 24 hours’ notice unless it's an emergency.

Right to Due Process Before Eviction
A landlord must provide at least 3 days’ notice to vacate (unless the lease specifies otherwise) before filing an eviction suit. Tenants have the right to contest the eviction in court.

Right to Return of Security Deposit
You must return the tenant’s security deposit within 30 days after they move out, minus any lawful deductions. You must provide an itemized list of deductions if any amount is withheld.

Right Against Retaliation
You cannot retaliate against a tenant for exercising a legal right—such as reporting code violations or joining a tenant’s union—by increasing rent, decreasing services, or filing for eviction.

Key Responsibilities for Landlords

• Maintain the property to meet health and safety codes.
• Install keyless deadbolts and window latches as required by the Texas Property Code.
• Provide a copy of the lease agreement and any applicable rules.
• Follow the proper legal process for lease termination and eviction.
• Comply with fair housing laws—discrimination based on race, gender, disability, religion, etc., is prohibited.

If you’re new to leasing, I recommend using a solid written lease that outlines rent amount, due dates, late fees, repair responsibilities, pet policies, and termination procedures. The Texas Apartment Association (TAA) provides leases widely used by landlords across the state.

Richard

You're welcome. In Texas, the law generally leans more in favor of landlords, especially compared to states with stronger tenant protections like California or New York. The eviction process in Texas is relatively fast and landlord-friendly, provided you follow the correct legal steps.

Eviction Process in Texas (Condensed Version)

1. Serve a Written Notice to Vacate
   Required before filing an eviction. 3 days’ notice is the default, unless the lease specifies a different period. Can be delivered in person, by mail, or posted on the inside of the main entry door.
2. File an Eviction Suit
   File a "Forcible Entry and Detainer" suit in the Justice Court in the precinct where the property is located. Include the lease, notice to vacate, and any relevant documentation. Filing fee is usually around $100–$150 plus service fees.
3. Court Hearing
   Scheduled 6–10 days after the petition is filed. Tenant can appear and contest the eviction. If the landlord wins, the judge grants a judgment for possession.
4. Appeal Period
   The tenant has 5 calendar days to appeal the ruling. If no appeal is filed, proceed to the next step.
5. Writ of Possession
   After the 5 days, request a Writ of Possession from the court. Constable posts a 24-hour notice at the property. After 24 hours, the constable can forcibly remove the tenant if they haven't left.

Summary

• Favorable to landlords: Yes.
• Total time: As little as 2–3 weeks if uncontested.
• Cost: Roughly $150–$300 depending on service and court fees.
• Common pitfalls: Improper notice, retaliation claims, or discriminatory motives.

Richard

Nothing specific. I would use the standard form I mentioned in my original response. It covers most issues.

Richard

My opinion is that everything you need will be in that standard form with the TAA.

Richard

The only issue that can come up with military is if they are active duty and are deployed they can break a lease.