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Home  Texas  Landlord/Tenant


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.

FAQs On Heat & Air-Conditioning, Discrimination, Duty To Disclose Owner/Management Agency, Health Code Violations, The Landlord's Right To Enter and Where To Get Legal Help

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

Where To Go For More Help

 

 

 

 

 

 

 

 

 















 

 

 

 

 

 

 

 

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 

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Retaliation 

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.

Where To Go For More Help

For more help see Lawyers, Courts & Self Help

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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

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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)

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Form Letters (Samples)

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)

Where To Go For More Help


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Mobile Homes

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)

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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

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 Authorities (All 50 States, DC & US Territories)
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

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Right To Tenant's Property Left Behind 

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.

Tenant Rights in Texas
Detailed information concerning leases, rent issues, security deposits, evictions, landlord liens, repairs, retaliation, security devices, utilities and more. Cites Texas statutes and case law.

Landlord/Tenant Attorney Desk Reference Manual (Texas 1995)
For information about court cases and law on almost any landlord-tenant issue!!!! 

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Crime Prevention

Contacting Your Neighbors (Consumer-SOS)
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.

FAQs On Renter's Insurance (Texas)

Safety-The Landlord's Duty Regarding Locks, Smoke Detectors and Other Security Devices (Texas)
Also says you have the right to have a keyless deadbolt to keep the landlord from entering your apartment without notice.

Locks and Security Devices (Texas)

Nuisance Abatement Can Stop Crime (Texas)
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.

Tenant Rights in Texas
Detailed information concerning leases, rent issues, security deposits, evictions, landlord liens, repairs, retaliation, security devices, utilities and more. Cites Texas statutes and case law.

Landlord/Tenant Attorney Desk Reference Manual (Texas 1995)
For information about court cases and law on almost any landlord-tenant issue!!!! 

Getting Your Landlord To Prevent Crime (General)

Where To Get Legal Or Government Assistance (Texas)
Government, nonprofit and commercial groups to help you when you're in trouble.

See Nuisances, Noise & Neighbors

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Help Agencies & Mega Sites

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.

Houston Tenants (Texas)
See bottom of page for resources and law.

Form Letters (Samples)

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.

Can't Pay Your Rent, Mortgage or Utilities? (Consumer-SOS)
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

www.nolo.com


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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 

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