Overview of Tenants’ Rights

Landlords are prohibited from discriminating against tenants on the basis of race, color, national origin, religion, sex, physical or mental disability, or familial status.

In Texas, landlords can refuse to rent to people with Sec. 8 vouchers. There is an exception for veterans and at tax credit properties.

There are no rules saying that landlords must treat tenants respectfully. However, it is illegal for landlords to retaliate against tenants by filing an eviction, terminating a lease, or decreasing services for certain actions such as requesting repairs, calling Code Enforcement, or participating in tenant organizing.

In most cases, the property’s new owner is obligated to honor the lease and any other agreement you made with the original owner or management. This is another reason to always have important agreements in writing, signed, and dated.

Having evidence of problems helps a tenant enforce their rights. Tenants should record videos or take pictures of any repair issues, ask for receipts of rent payments, ask for a copy of their lease, and keep any notices they receive.

A landlord may not retaliate against a tenant by filing an eviction, terminating a lease, or decreasing services because the tenant asked for repairs, called Code, or participated in a tenant organization in the previous 6 months.

A tenant does not have a right to a repair if they are behind on rent. Additionally, in Texas, tenants generally do not have the right to withhold (or not pay) rent because of a landlord not making repairs.

A reasonable accommodation is a change to a management policy or rule that a tenant requests because of their disability. A tenant should not have to pay for a reasonable accommodation. However, a tenant may have to pay for a reasonable modification (physical change to unit or common areas).

Tenants generally have a right to repairs that affect health and safety Examples include: broken stove, leaks, lack of hot water, etc. Tenants shouldn’t have to pay for repairs unless the problem was caused by the tenant or their guest.

Tenants can call the City of Austin at 3-1-1 to file a complaint with the city Code Department to report health and safety issues in their apartments.

In Texas, landlords generally do NOT have to give notice to enter a tenant’s apartment unless the lease requires it. For tenants in Project-Based Section 8 and public housing, a notice is required.

In Texas, if a landlord changes a tenant’s locks because they are behind on rent, they have to give them new keys within 2 hours upon request.* To remove a tenant from their unit, the landlord has to file an eviction and go to court.

*Landlords can’t change the locks for unpaid rent in subsidized housing.

Tenants in the City of Austin have a right to work with their neighbors to form and operate tenants associations and use community spaces for association activities. This includes inviting third-party organizers, like BASTA, to assist.

A landlord must give notice by mail or in person before changing parking and towing rules, and have a good reason to change them in the middle of the lease (that’s not just making more money).

Many tenants whose initial lease term has ended are on month-to-month leases. Depending on the original lease a tenant signed, the lease might automatically renew month-to-month under the same terms.

Sometimes landlords charge excessive fees like extra fees for paying with a money order, or a fee to talk to a manager, or fines for litter on property. These fees are only allowed if they are authorized by the lease.

A landlord cannot change the terms of the lease within the lease term (unless the lease says they can) without the tenant’s agreement. In a month-to-month lease, the landlord may propose changes to the terms of the lease, so long as they comply with the Property Code, and the landlord provides notice to the tenant. If the tenant does not agree to the new terms, the tenant can choose to move out.

If a tenant’s lease expires or is not renewed and the tenant continues living in the unit, this is called “holding over.” This can be a cause for eviction.

Generally, TX landlords can choose not to renew a tenant’s lease for almost any reason (not discrimination or retaliation). Landlords in subsidized properties need to have a good reason not to renew.

A landlord can only evict a tenant if they have broken the lease in some way, such as not paying rent, having an unauthorized occupant, or causing damage to the unit.

Many landlords subscribe to tenant screening services, like Experian's RentBureau or TransUnion's SmartMove. These services tell landlords if an eviction against a tenant has been filed, and landlords can decide not to rent to tenants because of this.

A tenant has a right to go in front of a judge before being evicted. A landlord cannot force anyone to leave their homes without a court order.

There is no restriction on how much a landlord can raise rents once the lease expires and a proper notice is given.

Some landlords for subsidized housing have restrictions on raising rents.

If a tenant does not pay the rent on the due date, the landlord usually has the right to either terminate the lease agreement or accept the rent and the appropriate late fee.

Late fees must be included in a written lease, and cannot be charged if all rent is paid within 2 days of being due. Late fees must also be reasonable. TX law presumes that a late fee of 10% to 12% of monthly rent is reasonable.