One of the keys to success with successfully owning a portfolio of rental properties in Texas is knowing landlord tenant laws because, the longer you own rental property the more likely it is that you may face a landlord-tenant dispute so it’s best to know the laws.
Landlord Tenant Law Refresher
Landlord Tenant Laws Texas
Required Landlord Disclosures in Texas
Under Texas law, landlords must disclose specific information to tenants (usually in the lease or rental agreement), such as the identity of anyone authorized to act on the landlord’s behalf and the tenant’s rights when the landlord fails to make necessary repairs. For a full list, see Texas Required Landlord Disclosures.
Texas Security Deposit Limit and Return
Texas state law does not limit how much a landlord can charge for a security deposit. However, it does limit when it must be returned (within 30 days after a tenant moves) and sets other restrictions on deposits. See Texas Security Deposit Limits and Deadlines for more on the subject.
Small Claims Lawsuits in Texas
Tenants can sue landlords in Justice Court for the return of their deposit, up to a dollar amount of $10,000. See Filing a Security Deposit Lawsuit in Texas Justice Court for advice for tenants filing suit. Landlords defending a security deposit lawsuit should check out Texas Landlord’s Guide to Security Deposit Disputes in Justice Court.
Texas Late Fees and Other Rent Rules
State law regulates several rent-related issues, including late fees and how much time (three days in Texas) a tenant who has not paid rent has to move. For details, see Texas Late Fees, Termination for Nonpayment of Rent, and Other Rent Rules.
Tenant Rights to Withhold Rent in Texas
Tenants may withhold rent or exercise the right to “repair and deduct” if a landlord fails to take care of important repairs, such as a broken heater. For specifics, see Texas Tenant Rights to Withhold Rent or “Repair and Deduct”.
Texas Termination and Eviction Rules
State laws specify when and how a landlord may terminate a tenancy. For example, a landlord may give a Texas tenant who has failed to pay rent an unconditional quit notice that gives the tenant three days (the lease may specify a different amount of time) to move out before the landlord can file for eviction. See State Laws on Unconditional Quit Terminations and State Laws on Termination for Violation of Lease for details on these types of termination notices in Texas.
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