Texas Common Disputes
Can my landlord lock me out of my apartment for not paying rent?
A landlord can only lock you out after providing a written 3-day notice stating the earliest lock-out date, amount owed, and where to pay. They must also provide you with a new key immediately upon request, regardless of payment.
How long does my landlord have to return my security deposit?
Your landlord must return your security deposit within 30 days after you move out and provide a forwarding address. If they make any deductions, they must provide an itemized list of charges within the same timeframe.
Can I withhold rent if my landlord won't make repairs?
No, withholding rent is almost always a bad idea and can lead to eviction. Instead, follow proper procedures by sending written repair requests and, if necessary, using the "repair and deduct" remedy following specific legal requirements.
What notice must I give before moving out of a month-to-month lease?
Unless your lease specifies otherwise, you must provide one month's advance notice to terminate a month-to-month tenancy. The termination date can be any day of the month, as long as it's at least one month from the notice date.
Can my landlord enter my apartment whenever they want?
No, unless specified in your lease or for emergencies, repairs, or routine inspections with advance notice, your landlord has no right to enter. You have an implied right to peaceful, quiet enjoyment and privacy in your home.
How long does my landlord have to make repairs?
Your landlord has a "reasonable time" to make repairs after receiving notice, which is presumed to be seven days. However, this time may be shorter for serious issues like broken water pipes or longer for minor issues.
Can my landlord charge any amount for late fees?
For leases after September 2019, total late fees must be between 10-12% of monthly rent or reflect the landlord's actual costs, whichever is greater. The fee can only be charged if rent is more than two full days late.
What can I do if I'm being discriminated against by my landlord?
You can file a complaint with HUD within one year of the violation or file a lawsuit within two years. It's illegal for landlords to discriminate based on race, color, national origin, religion, sex, familial status, or disability.
Can my landlord remove my belongings if I'm behind on rent?
A landlord can only remove non-exempt property if specifically stated in your lease and the provision is underlined or in bold print. Many essential items like clothing, beds, and kitchen necessities are legally exempt from removal.
How much notice must a landlord give before eviction?
The landlord must provide at least a 3-day written notice to vacate before filing an eviction lawsuit, though your lease may specify a longer or shorter period. This is separate from the actual eviction process through the court.
Can I break my lease if I'm a victim of domestic violence?
Yes, you can terminate your lease without penalty if you have a protective order or temporary injunction signed by a judge. You must provide a copy to your landlord and vacate the unit to be released from future rent obligations.
What happens to my lease if the property is foreclosed?
If the property is foreclosed, the new owner is not required to honor your lease but must provide at least 30 days written notice to vacate if you're current on rent payments.
Can my landlord refuse to make repairs if I'm late on rent?
Yes, the landlord is not obligated to make repairs unless you are current on your rent when you first provide notice of the needed repair. Keep rent current to maintain your right to repairs.
Can I use my security deposit as last month's rent?
No, it's illegal to use your security deposit as last month's rent unless you have specific written permission from your landlord. Doing so could make you liable for three times the rent wrongfully withheld plus attorney's fees.
Do I have to pay rent if my apartment is damaged by a natural disaster?
If the premises are totally unusable due to damage, you can terminate the lease. If partially unusable, you may be entitled to a rent reduction, but you must continue paying rent unless you properly terminate the lease.