Lease Agreement
The most important source of information about a residential tenant’s rights and a landlord’s responsibilities is the written lease agreement. Some landlords prefer oral agreements, but it is more common for them to require the tenant's signature on a written lease—and a written lease protects the tenant more than an oral agreement. Be sure to read the lease carefully before you sign it.
If a tenant wants to change part of the lease, the tenant should discuss it with the landlord. If the landlord agrees, the landlord and tenant should decide how they want to word the change and then write it into the agreement. Both the tenant and the landlord should then initial the change. For example, many standard leases prohibit pets, but the landlord may be willing to accept a pet if the tenant puts down extra money as security (a pet deposit) to protect against any damage the pet might do.
A state’s landlord-tenant laws provide additional rights and responsibilities. These laws vary from state to state and are usually located in a state’s statutes.
Peace and Quiet
Your rights as a tenant include the right to "quiet enjoyment" of the leased premises or property. This means your landlord cannot evict you without cause or otherwise disturb your right to live in peace and quiet.
If other tenants in your building are disturbing you, you should complain to the landlord. Of course, you may not disturb other tenants either.
Except under certain circumstances and subject to certain conditions, a landlord may not interrupt utilities to a tenant unless the interruption results from bona fide repairs, construction, or an emergency.
Health and Safety
As a tenant, you have the right to demand that the landlord repair any condition that materially affects your physical health or safety.
Justices of the peace or small claims courts usually have authority to order landlords to repair or remedy conditions affecting a tenant's physical health or safety, as long as the cost of the repair does not exceed a certain amount ($10,000 for example). Tenants can go to justice court without an attorney to obtain a repair order.
Unless the need for repair was created by “normal wear and tear,” the landlord does not have a duty to repair problems caused by you, another lawful occupant, a member of your household, or your guests. Under certain conditions, you and the landlord may have a written agreement that you will make needed repairs.
The landlord must also provide smoke detectors—and the tenant may not disconnect or disable the smoke detectors.
Security Devices
In most states, the law requires the premises (property) leased for a residential dwelling (home) to be equipped with security devices such as window latches, keyed dead bolts on exterior doors, sliding door pin locks and sliding door handle latches or sliding door security bars, and door viewers.
These devices must be installed at the landlord's expense. If the required devices are missing or are defective, you have the right to request their installation or repair.
If You Have Problems
If the landlord won't make repairs needed to protect your health, safety, or security, and you follow the procedures required by law, you may be entitled to:
• End the lease;
• Have the problem repaired and deduct the cost of the repair from your rent; or
• File suit to force the landlord to make the repairs.
To recover under one of the methods above, you MUST follow these steps:
• Send the landlord a dated letter by certified mail, return receipt requested, or by registered mail, outlining the needed repairs. You may also deliver the letter in person. Keep a copy of the letter. Be sure that your rent is current when the notice is received.
• Your landlord should make a diligent effort to repair the problem within a reasonable time after receipt of the notice. In some states the law presumes a certain number of days (7 days, for example) to be a reasonable time, but the landlord can rebut this presumption. If the landlord has not made a diligent effort to complete the repair within seven days, for example, and you did not have the first notice letter delivered to your landlord via certified mail, return receipt requested, or via registered mail, you may need to send a second notice letter regarding the needed repairs.
• If the landlord still has not made diligent efforts to repair the problem within a reasonable time after receipt of the notice letter sent by certified mail, return receipt requested, or by registered mail, you may be entitled to terminate the lease, repair the problem and deduct the cost from your rent, or get a court to order that the repairs be made. You should consult with an attorney before taking any of these actions.
In most states it is illegal for a landlord to retaliate against you for complaining in good faith about the need for necessary repairs. Of course, you can always be evicted if you fail to pay your rent on time, threaten the safety of the landlord, or intentionally damage the property.
A tenant generally does not have a right to withhold rent because the landlord fails to make repairs when the condition needing repair does not materially affect the tenant’s physical health or safety. If you try this method, the landlord may file suit against you.
Recovering Your Deposit
Most landlords require you to pay a security deposit to cover any repairs needed when you move out or to cover your failure to pay the last month's rent. By law, landlords cannot refuse to return the deposit without a valid reason.
Deductions for Damages
In most states, you must give the landlord a forwarding address in order to receive your returned security deposit. The landlord must return your deposit—less any amount deducted for damages—within a certain number of days (30 days, for example). If the landlord withholds part or all of your deposit, they must give you an itemized list of deductions with a description of the damages.
Normal Wear and Tear
The landlord may not charge you for normal wear and tear on the premises and may only charge for actual abnormal damage. For example, if the carpet simply becomes more worn because you and your guests walked on it for a year, the landlord may not charge you for a new carpet. But if your pet is not potty-trained and the carpet smells, you may be charged to clean or replace it.
Advance Notice Requirements
You should check your rental agreement to see if it requires you to give the landlord advance notice that you are moving out. Many leases require a 30-day notice as a condition of returning your deposit.
If you give your landlord your new address in writing and you do not receive your deposit or an explanation within 30 days of your departure (or other time required by your state’s law), contact the landlord. If you cannot resolve the problem satisfactorily, you may wish to consult an attorney. You can also file a complaint with your state’s Attorney General’s office.
In Texas, a lease agreement is a critical document that outlines the rights and responsibilities of both the tenant and the landlord. Tenants should read and understand the lease before signing, and any changes to the lease should be agreed upon in writing by both parties. Texas law upholds a tenant's right to 'quiet enjoyment,' which means the landlord cannot evict without cause or disrupt the tenant's peaceful living. Tenants have the right to demand repairs that affect their health and safety, and landlords are required to provide smoke detectors and security devices at their own expense. If a landlord fails to make necessary repairs, tenants may have the right to end the lease, deduct repair costs from rent, or seek court-ordered repairs, but they must follow specific legal procedures, including sending a dated notice via certified mail. Retaliation by landlords for repair requests is illegal. Security deposits must be returned minus any deductions for damages beyond normal wear and tear, and landlords must provide an itemized list of deductions. Tenants should provide a forwarding address and may need to give advance notice, typically 30 days, to ensure the return of their deposit. If issues arise, tenants may consult an attorney or contact the state's Attorney General's office.
