Know Your Rights

Rental Rights in Houston

Texas law protects you more than you think. Here's what your landlord must do -- and what to do when they don't.

Based on Texas Property Code Chapter 92. Not legal advice -- but a map to the law.

Texas Property Code Chapter 92 requires every landlord to provide:

- Working door locks and deadbolts on all exterior doors - Window latches on every window - A peephole and door chain on the main entry door - Smoke detectors (at least 1 per bedroom) - Hot and cold running water - Reasonable security measures in common areas

If any of these are missing or broken, your landlord must fix them. You don't need to ask nicely. The law requires it.

For locks specifically: if you ask for a lock change in writing, your landlord has 7 days to comply. If they don't, you can change the lock yourself, give them a key, and deduct the cost from rent.

Texas law on security deposits is specific:

1. Your landlord has 30 days after you move out to either return your deposit or send a written, itemized list of deductions. 2. Normal wear and tear is not a valid deduction. Faded paint, worn carpet, minor scuffs -- those are on the landlord. 3. You must provide a forwarding address in writing. If you don't, the 30-day clock doesn't start. 4. If your landlord keeps your deposit without a valid reason or misses the 30-day deadline, you can sue in small claims court for up to 3x the deposit plus $100 in attorney fees.

Before you move out: take dated photos of every room. Email them to yourself so you have a timestamp. This is your evidence.

Texas has a specific legal process for getting repairs done:

1. Send your landlord a written repair request. Text or email counts -- anything with a date and record. 2. Give them a reasonable time to respond. The law says "reasonable" but courts generally consider 7 days reasonable for most repairs, less for emergencies like no heat in winter or sewage backup. 3. If they don't fix it, send a second written notice. 4. If they still don't fix it after the second notice, Texas law gives you options:

- Repair and deduct: hire someone to fix it, deduct the cost from next month's rent (must be a licensed contractor for anything involving plumbing or electrical) - Terminate the lease without penalty - Sue for actual damages, 1 month's rent plus $500, and attorney fees

Keep copies of every message. Screenshot texts. Save emails.

If your landlord wants to evict you, here's what the law requires:

1. Written notice to vacate -- delivered in person, by mail, or posted on your door. For nonpayment of rent: 3 days. For lease violations: 3 days unless your lease says longer. 2. After the notice period, if you haven't left, the landlord files an eviction suit in Justice Court. Filing fee is about $54. 3. You receive a citation with your court date -- usually 10 to 21 days after filing. 4. You show up to court. If you don't show up, the judge rules against you automatically. 5. If the judge rules for the landlord, you have 5 days to appeal to County Court. The appeal bond is 1 month's rent. 6. If you don't appeal, the landlord can request a writ of possession. A constable posts a 24-hour notice, then supervises the lockout.

At no point in this process can your landlord act without the court. Every step requires legal authority.

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