Accidents & Injuries
Bankruptcy
Banks & Credit Unions
Business
Cars & Motor Vehicles
Charities
Children & Parents
Colleges/Grants&Loans
Contracts
Credit & Debt
Crime Victims Domestic Violence
Criminal Justice&Police Misconduct
Disabilities
Divorce & Marriage
Food Matters
Government
& Gov. Assistance
Health & Medical
Health Clubs
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Home Matters
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Privacy/IdentityTheft
Public Records
Refunds, Repairs & Replacements
Scams & Cons
Seniors
Support Groups
Taxes
Travel
Wills, Probate &
Estates
Work/The Wk Place
Prohibited
Practices/Illegal Lease Clauses
Occupants
and Visitors (Texas)
The landlord can limit the number of occupants who live in the house or
apartment. The maximum number should depend on the number of bedrooms and the
age of the occupants.
Can I Stop My Landlord From Remodeling Until
I'm Gone? (Consumer-SOS)
Where
To Get Legal Or Government Assistance
(Texas)
Government, nonprofit and commercial groups to help you when you're in trouble.
Finding
Out Who Owns and Manages the Premises (Texas)
If they don't tell you you can sue for damages and attorney's fees and even
break the lease.
Serving Court Papers on Your Landlord (Texas)
Landlord/Tenant
Attorney Desk Reference Manual (Texas 1995)
For information about court cases and law on almost any landlord-tenant
issue!!!!
See Repairs
See Discrimination/Fair
Housing
See Evictions
Discrimination/Fair
Housing
Discrimination
(Texas)
Occupants
and Visitors (Texas)
The landlord can limit the number of occupants who live in the house or
apartment. The maximum number should depend on the number of bedrooms and the
age of the occupants.
Where
To Get Legal Or Government Assistance
(Texas)
Government, nonprofit and commercial groups to help you when you're in trouble.
Finding
Out Who Owns and Manages the Premises (Texas)
If they don't tell you you can sue for damages and attorney's fees and even
break the lease.
Serving Court Papers on Your Landlord (Texas)
Landlord/Tenant
Attorney Desk Reference Manual (Texas 1995)
For information about court cases and law on almost any landlord-tenant
issue!!!!
Help Resources In
Urban Areas
Where to find
help if you've been the victim of discrimination.
See also subtopic on "Legal Help".
http://tenant.net/otherareas/uscode/fair-hse.html
Learn what housing is covered, the types of discrimination that is
prohibited and where to go for help.
Housing Exempt
From The Fair Housing Act
Some housing can discriminate. Find out which.
Discrimination
In Advertising Related To Housing
What Is a Disability
As Defined By The Fair Housing Act
Filing A Lawsuit Under The Fair Housing Act
Requirements For New Buildings (Built After 19991)
Procedures & Penalties For Violations
www.accessut.state.ut.us/advobook.htm
Guide to finding accessible housing for people with disabilities.
Where To Go For More Help
For
More See Prohibited
Practices/Illegal Lease Clauses
Back
To Top
Retaliation (Texas Tenant Advisor)
Retaliation (Texas) (Google)
Federal law may protect you
from a landlord's retaliation if the decision was based on your race, color
creed, national origin, marital or family status or age if over 40. For details
see Discrimination/Fair
Housing.
If the landlord is punishing you for exercising your legal rights, you may have
to sue in court. For help, call your landlord tenant hotline, or get media
support through your local TV, newspaper or radio station.
FAQs
On Leases
(Texas)
Landlord's retaliation for requesting to make
repairs, Landlord's right not to renew your lease and your right to move out
based on constructive eviction.
Finding
Out Who Owns and Manages the Premises (Texas)
If they don't tell you you can sue for damages and attorney's fees and even
break the lease.
Serving
Court Papers on Your Landlord (Texas)
Lockouts
(Texas)
Utility Disconnection (Texas)
FAQs
On Repairs
(Texas)
Repairs landlord must make, your rights when he doesn't, illegal
retaliation, and who you must hire to make repairs when your landlord won't.
State By State Laws Against Landlord Retaliation (Nolo.com)
Not every state protects tenants from retaliation.
How The Various States Treat Landlord Retaliation
See Part 2 for the statutes and pro tenant case law on retaliatory conduct by
landlords against tenants who exercise their rights under housing codes or other
laws governing tenant rights. Each state varies with respect to the types of
conduct landlords are prohibited from doing, the types of tenant activities that
are protected, and the remedies available for a violation of the statute. And
not all states are covered.
NOTE: for specific case law, search for key words by holding down the
CTRL key and then press the letter
F. Then search for your state by entering in the
two letter abbreviation.
For example CA or GA
or NY.
City And County
Housing Codes (All 50 States)
Check your city and county housing
codes for further protection. Some expressly protect against retaliation for
reporting a violation. Once on your code website, search for
retaliat or retaliation.
If you still can't find help, Google your
state along with the words Landlord and Retaliation. If you are in a big city,
Google that as well
Examples:
Georgia landlord retaliation
New York landlord retaliation
San Francisco landlord retaliation
Google Scholar
Do the same search above in Google Scholar for state specific case law. Repeat
search choosing Articles.
For more help see Lawyers,
Courts & Self Help
Back
To Top
Uninhabitable
Premises/Constructive Eviction
Sometimes a landlord will create a nuisance or fail to make needed
repairs. If such actions make the premises unlivable, the law may permit the
tenant to immediately move out and sue for "constructive eviction."
If the tenant wins, damages can be collected for back rent, damage to furniture
and other expenses.
Note a tenant cannot normally sue for constructive eviction unless the problem
caused them to move out before the end of their lease.
Some
states even allow for a partial constructive eviction, such as when the
landlord's negligence makes only part of your apartment unlivable. For
example. Suppose your landlord did not repair the leaky ceiling and as a
result of this you can no longer use your dining room. Then at least as
far as the use of your dining room goes, you have been constructively evicted.
Note: The rules for constructive eviction depend on case law and vary
from state to state.
So be very careful about claiming constructive eviction without first
seeking help from an attorney.
Help Resources
State
Habitability Statutes And Law Reference Guide (50 States)
Scroll down to your state and see what the remedies are for breach of
habitability. If listed, this will show you what you need to prove for
constructive eviction. If the statute is silent, there still may be case
law in your favor. But be careful and talk to a lawyer if you can!
For case law, go to Google Scholar, and
search for "constructive eviction" and your state.
FAQs
On Leases
(Texas)
Your right to move out
based on constructive eviction.
Where
To Get Legal Or Government Assistance
(Texas)
Government, nonprofit and commercial groups to help you when you're in trouble.
Landlord/Tenant
Attorney Desk Reference Manual (Texas 1995)
For information about court cases and law on almost any landlord-tenant
issue!!!!
Finding
Out Who Owns and Manages the Premises (Texas)
If they don't tell you you can sue for damages and attorney's fees and even
break the lease.
Serving
Court Papers on Your Landlord (Texas)
For More Help, See Repairs
and Lawyers, Courts & Self Help
Back
To Top
Can I Stop My Landlord From Remodeling Until
I'm Gone (Texas)
Dear Tenant,
Whether you can stop your landlord will depend on a variety of factors such as
what your lease says about
the landlord's right to enter, how bad and intrusive the remodeling is, how
long it's expected to take, and how long it's been going on, etc. Be sure when
dealing with your landlord, to err on the side of being reasonable and not
litigious. Your reasonableness may go a long way with the judge, if worse comes
to worse, you have to
sue your landlord.
From your email it looks like Texas law applies. If you have a written
lease, look for provisions on when a landlord can enter, when notice should be
given for repairs, and other rights retained by you, including your right to
quiet enjoyment and privacy. Chances are the lease is silent on the
matter. Even so, there may be other lease terms you can use to your advantage.
Circle all those which give you rights and see what's been violated. And even if
you don't have a lease, the
landlord's right to enter the premises is limited.
Also, every state has case law where the tenant has the right to the "quiet
enjoyment of the premises". As you can see, Texas is no exception. The type
of remodeling you speak of seems very extensive and likely to be extremely noisy
and intrusive. It's also likely to crowd you out of key
portions of the premises which you are paying rent for.
In other words,
it's ruining your quiet enjoyment and you're paying for
areas you can no longer use. One solution is to ask in writing for a
rent reduction for the period during these renovations. Be sure to explain in
non legalese that you are paying for peace and quiet and
the full use of the
rentable area. However, because of these renovations which you never
asked for, you can't fully use the property or have the peace and privacy you're
paying for. Get the landlord estimate the time this will take and in an
email have the landlord agree to the rent reduction until the renovating is
completed. If the landlord agrees in a phone call, follow up in an email
restating what was agreed to. It can even be a "Thank You" email such as
" Thank you for agreeing to finish by x date. I'm glad we could talk and I
am anxious to have this over with. Thanks again, Joe Tenant"
If the repairs go on an on, you may be able to just leave as a result of "constructive
eviction." Constructive eviction occurs when the landlord makes all
or a good part of the premises uninhabitable and the tenant is forced to leave.
However, this is a risky approach, because if the judge finds you overreacted,
you may be stuck paying the full term lease plus court costs. Also, be sure to
have written proof you first tried to resolve the problem with your landlord.
1995
Deskbook on
Law From A-Z (Law should be about the same as today, but things could have
changed)
Back
To Top
Notice To Landlord To Make Repairs (Texas)
Texas Tenant Form Letters
Various demand letters relating to security deposits, lockouts, repairs and
more.
Where To Go For More Help (Consumer-SOS)
The Forms Below Are Generic
& Not State Specific
FOR TENANTS
Tenant's
Notice To End The Tenancy
FOR LANDLORDS
Amendment
Of Lease (Lawsmart.com)
Assignment
Of Lease (Lawsmart.com)
Sample
Residential Lease (Lawsmart.com)
Consent
To Assignment Of Lease (Lawsmart.com)
Sample
Tenant Notice Invoking Option To Renew Lease
Landlord
Demand Letter Informing Tenant Of Breach Of Tenancy And What Tenant Must Do To
Make Amends
Landlord Notice To Terminate The Tenancy (Lawsmart)
Lease
Termination Agreement (Lawsmart)
Memorandum
Of Lease (Lawsmart)
Notice
Of Rent Increase (Lawsmart.com)
Residential
Rental Application (Lawsmart.com)
Notice
To Tenant To Make Repairs (Lawsmart.com)
Mobile Home Tenant
Rights in Texas
Rights Of Mobile Home Owners (Texas)
Where
To Get Legal Or Government Assistance
(Texas)
Government, nonprofit and commercial groups to help you when you're in trouble.
Finding
Out Who Owns and Manages the Premises (Texas)
If they don't tell you you can sue for damages and attorney's fees and even
break the lease.
Serving
Court Papers on Your Landlord (Texas)
HUD/Public
Housing
Public vs. Private Housing
Public housing differs from private housing in two important ways. In public housing, a family's rent is based on the family's income and size. In a private house or apartment, rent is set by the landlord. In addition to this, many of the rights and duties of public housing tenants are directed by federal law. In contrast, most rights and duties of private tenants are set by the landlord. In most cases, you actually have more rights in public housing than in private housing.
Links To Local
HUD Offices Throughout US State
Housing Authorities (All 50 States, DC & US Territories)
Right
To Tenant's Property Left Behind Tenant
Rights in Texas Landlord/Tenant
Attorney Desk Reference Manual (Texas 1995)
Crime
Prevention
FAQs
On Renter's Insurance
(Texas) Safety-The
Landlord's Duty Regarding Locks, Smoke Detectors and Other Security Devices
(Texas) Locks
and Security Devices (Texas)
Nuisance
Abatement Can Stop Crime (Texas) Tenant Rights
in Texas Landlord/Tenant
Attorney Desk Reference Manual (Texas 1995)
Getting
Your Landlord To Prevent Crime
(General)
Where
To Get Legal Or Government Assistance
(Texas) See Nuisances,
Noise & Neighbors Help
Agencies & Mega Sites Houston Tenants (Texas)
Form
Letters (Samples)
HUD
Help
Federal laws and regulations protect you from discrimination, fraud, and
unscrupulous practices in buying and renting a home. Know your rights.
http://tenant.net/Other_Areas/Public/butler.htm
Admission, rents and lease requirements, eviction and grievances procedures and
help numbers.
State housing agencies may give money and advice directly to low- and moderate-income people to help with rent, utilities,
repairs to remove health and safety hazards, accessibility for the handicapped, and
becoming homeowners. They also may construct, own, and manage public housing, which usually includes providing social services for the residents.
Where To Go For More Help
Landlord's
Right to Remove Property (Texas)
Your right to property when late on rent or when you've left the apartment.
Where
To Get Legal Or Government Assistance
(Texas)
Government, nonprofit and commercial groups to help you when you're in trouble.
Detailed information concerning leases, rent issues, security deposits,
evictions, landlord liens, repairs, retaliation, security devices, utilities and
more. Cites Texas statutes and case law.
For information about court cases and law on almost any landlord-tenant
issue!!!!
Use Internet phone books and reverse lookups to find out who your neighbors are
and contact them. Good to organize a neighborhood watch, or simply have them
turn down the noise.
Also says you have the right to have a keyless deadbolt to keep the landlord
from entering your apartment without notice.
Under the Texas nuisance abatement statute, any property can be closed down by
court order if it is being use as a crack house, brothel, gang headquarters, or
other base of operations for criminals. The statute works by holding the
property owners and managers responsible for what happens on their property.
Detailed information concerning leases, rent issues, security deposits,
evictions, landlord liens, repairs, retaliation, security devices, utilities and
more. Cites Texas statutes and case law.
For information about court cases and law on almost any landlord-tenant
issue!!!!
Government, nonprofit and commercial groups to help you when you're in trouble.
Texas Tenant Advisor
Non-profit group that promote the rights of low-income people and tenants in
Texas and provides them with free information about their rights.
See bottom of page for resources and law.
Texas Legal Resources For Low Income Texas (Statewide 2012 Referral
Directory)
This 140 page guide lists free advocates for almost every type of issue
including: Children & Parents (Custody, Abuse, $ Assistance...) Criminal
Law/Prisoners/Crime Victims, Disabilities, Discrimination, Domestic Violence,
Employment, Immigrants & Refugees, Insurance, Health, Housing, Juveniles,
Landlord Tenant, Lawyer-Judge Complaints, Public Benefits, Seniors, Utilities,
Veterans, Workplace Issues, etc. Scroll down to your county to see what other
legal aid programs are in your area.
Help Groups Throughout Texas
(Consumer-SOS)
How to find
legal help and deal with housing code problems, discrimination, roommates, late rent and lack of
money, finding an apartment, transportation, health & safety and more.
Step by step on what to do and where to go for assistance.
Find Your
Local Newspaper, Magazine, Radio & TV Stations
Give them a little bad press and you're bargaining power increases tremendously.
Select Texas, and then click on your county or city for the proper media to
report to. (DC Not Included).
Find The AARP In Your
State
The AARP offers legal advocacy for seniors and may also have state specific
consumer brochures which are available to everyone.
http://www.badlandlords.info/
Has help agency #s for 31 states,
i.e. where to report your landlord and where to get free legal help. Also
has links to each state's landlord/tenant laws.
http://directory.tenantsunion.org
This site has excellent resources, help numbers and links to pro-tenant
publications in almost every state. It's a really good site!!!
http://tenant.net
This online resource for residential tenants has links to the law in 28
states, Australia, Canada and the UK. They
also have articles and tips for the lay person.
http://www.mrlandlord.com/html/frametop_frametop.html
This site has select laws from each state on security deposits, evictions and
landlord laws, but it's not consumer friendly. Their "landlord Laws"
sections may have stuff on notice to end tenancy and other stuff tenants should
know.
United Way Help Line (For all 50 States, DC & Puerto Rico)
Choose
Texas, select your city, and look up help agencies throughout your city and
state.
Their stellar search engine can lead you to any social service topic you can
think of. Just type in the
words "housing rights" or "HUD" or "housing
Authority" or "housing codes", etc.
National
Help Orgs For A Variety Of Consumer Problems
The Elderly, Environment, Families, Fraud, Health & Safety, Insurance The
Handicapped, Medical Problems, Telemarketing and more.
For More General Advice,
See
Misc.
Assistance
With Your Utility Bills (Texas)
Find Your
City's Municipal Codes
Learn how your city code treats, garbage, nuisance and safety hazards. If you
can't find your city, follow their links to other code sites that can help you.
States
With Extra Protections For Landlords