Texas Property Rental Rights
In the state of Texas, landlord and tenant regulations are a mix of federal and state laws. At the federal level, fair housing and anti-discrimination laws predominate. Texas state laws focus on details surrounding the issues of eviction, health and safety and security deposits. Notable among Texas provisions are monetary penalties associated with the violation of various state provisions.
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Federal Law
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The federal Fair Housing Act prohibits discrimination in rental housing based on race, color, religion, national origin, sex, disability or familial status. It is administered by the U.S. Department of Housing and Urban Development (HUD) and is applicable to every state in the union, including Texas. These regulations prohibit landlords from making rental decisions -- whether about tenant selection, setting or raising of rent, eviction or any other action -- on the basis on any of these protected categories.
Source of State Regulation
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Tenant-landlord laws for most rental housing in Texas are contained in Chapter 92 of the state's Property Code dating from 1983. Amendments are regularly added through action of the state legislature. Issues not specified by either federal or state law are often specified in the lease and are generally under the purview of the property owner.
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Eviction Law
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Eviction in Texas is accomplished through a lawsuit referred to as "forcible entry and detainer" or "forcible detainer," according to TexasTenant.org. There are four steps to the process: giving three days notice to the tenant to vacate the unit, filing a petition with the county court, having a judge approve the eviction in court and filing a Writ of Possession in court after a five-day appeal period. The Writ of Possession authorizes law enforcement to forcibly evict the tenant if he has not left voluntarily.
Health and Safety
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Landlords are required to rent units at a standard described by the Texas State Attorney General as "a fit place to live." If some aspect of the property, through no fault of the tenant, fails to be maintained to that general standard, the tenant may demand repairs of any condition that materially affects his health and safety. The law provides that a tenant can go to justice court, overseen by justices of the peace, without an attorney to seek court action for repairs costing under $10,000. Penalties are imposed on the landlord for not making necessary repairs. Penalties are imposed on the tenant for failing to pay rent because of needed repairs or for deducting the cost of repairs from the rent.
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References
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