Question 1

What are my basic rights as a tenant in Texas?

Accepted Answer

As a Texas tenant, you have the right to: (1) A habitable dwelling that meets health and safety standards, (2) Timely repairs for conditions affecting health/safety, (3) Protection from retaliation for exercising your rights, (4) Return of your security deposit within 30 days of move-out, (5) Privacy with reasonable notice before landlord entry, and (6) Fair treatment regardless of race, color, religion, sex, national origin, disability, or familial status under the Fair Housing Act.

Question 2

Can my landlord enter my apartment without permission?

Accepted Answer

Texas law does not specify notice requirements for landlord entry, but landlords generally must provide reasonable notice (typically 24 hours) except in emergencies. Your lease may specify notice requirements. Landlords cannot abuse access rights to harass tenants. If your landlord is entering without notice or reason, document it and send a written complaint.

Question 3

What is the 6-month retaliation protection window?

Accepted Answer

Under Texas Property Code §92.331, if you exercise your legal rights (like requesting repairs, filing complaints, or joining a tenant association), you are protected from landlord retaliation for 6 months. During this period, actions like eviction threats, rent increases, or decreased services may be considered illegal retaliation. After 6 months, these protections expire, so document everything and act quickly if you experience retaliation.

Question 4

Can I join or form a tenant association?

Accepted Answer

Yes! Your right to organize is protected under Texas Property Code §92.331. Landlords cannot retaliate against you for joining, forming, or participating in a tenant association. This includes attending meetings, communicating with other tenants about shared concerns, and collective advocacy efforts.

Question 5

My landlord won't make repairs. What can I do?

Accepted Answer

Follow these steps: (1) Send a written repair request via certified mail with return receipt, (2) Be current on rent when you send the notice, (3) Allow 7 days for response (presumed reasonable time), (4) If no response, you may have legal remedies including: terminating the lease, repair and deduct (with strict limits), court order for repairs, or rent reduction. Important: Texas does NOT allow rent withholding - this can get you evicted.

Question 6

What qualifies as a habitability issue?

Accepted Answer

Habitability issues are conditions that materially affect your health or safety. This includes: no hot water, broken heating/AC in extreme weather, serious plumbing problems, pest infestations, mold affecting health, broken locks or security issues, exposed electrical wiring, structural problems, and lack of running water. Normal wear and tear or cosmetic issues typically don't qualify.

Question 7

Can I withhold rent until repairs are made?

Accepted Answer

NO. Texas does NOT allow rent withholding. If you withhold rent, your landlord can evict you and you may be liable for one month's rent plus $500 plus attorney's fees. Instead, use legal remedies like repair and deduct (with limits), seek a court order, or terminate the lease if conditions are severe.

Question 8

What is "repair and deduct" and how does it work?

Accepted Answer

Under Texas Property Code §92.0561, after proper notice and waiting period, you may hire someone to make certain repairs and deduct the cost from rent. Limits: Maximum deduction is one month's rent or $500 (whichever is greater). Strict requirements apply - you must follow the proper procedure exactly. This remedy is limited to specific types of repairs and situations. Consult a lawyer before using this option.

Question 9

How long does my landlord have to return my security deposit?

Accepted Answer

Under Texas Property Code §92.103, your landlord must return your security deposit within 30 days of move-out. If they withhold any amount, they must provide a written itemized list of deductions. Make sure to provide your forwarding address in writing to start the 30-day clock.

Question 10

What can my landlord deduct from my security deposit?

Accepted Answer

Landlords can only deduct for: (1) Unpaid rent, (2) Damage beyond normal wear and tear, (3) Breach of lease terms, (4) Cleaning costs if the unit was left excessively dirty. They CANNOT deduct for normal wear and tear like minor scuffs, carpet wear from normal use, or faded paint.

Question 11

What if my landlord doesn't return my deposit or provide itemization?

Accepted Answer

If your landlord fails to return your deposit or provide itemization within 30 days, you can sue in Justice of the Peace court. You may recover: (1) The amount wrongfully withheld, (2) $100 statutory damages, (3) Three times the amount wrongfully withheld if the landlord acted in bad faith, (4) Reasonable attorney's fees.

Question 12

What is the eviction process in Texas?

Accepted Answer

The legal eviction process requires: (1) Written notice to vacate (usually 3 days for non-payment), (2) Filing a lawsuit in Justice of the Peace court, (3) Court hearing (10-21 days after filing), (4) If you lose, 5 days to appeal, (5) Only after appeal deadline passes can landlord get a Writ of Possession for constable to remove you. The entire process takes at least 3-4 weeks minimum.

Question 13

Can my landlord lock me out or shut off utilities?

Accepted Answer

NO. "Self-help" evictions are illegal in Texas. Your landlord cannot: change locks, remove doors/windows, shut off utilities, or remove your belongings without a court order. If this happens, call the police immediately and document everything. You may be entitled to damages.

Question 14

I received a notice to vacate. Do I have to leave immediately?

Accepted Answer

No. A notice to vacate is NOT an eviction order. It's just the first step in the legal process. You don't have to leave until a court orders it. Use this time to: seek legal help, prepare your defense, gather documentation, and explore your options. Never ignore court papers - if you don't appear at your hearing, you will lose by default.

Question 15

Can I fight an eviction? What defenses do I have?

Accepted Answer

Yes, you can fight an eviction. Possible defenses include: landlord didn't follow proper procedures, retaliation for exercising legal rights, discrimination, landlord's failure to maintain the property, payment was actually made, or the lease terms were violated by the landlord. Request a jury trial for more time. Always seek legal help - tenants with lawyers win 40% of cases vs. much lower without.

Question 16

Can my landlord raise my rent during my lease?

Accepted Answer

Generally, no. Your landlord cannot raise rent during your lease term unless the lease specifically allows for it. When your lease ends, the landlord can propose new terms including higher rent. Month-to-month tenants can have rent raised with proper notice (typically 30 days). Texas has no rent control laws limiting how much rent can increase.

Question 17

What late fees are allowed in Texas?

Accepted Answer

Texas law requires late fees to be "reasonable" but doesn't specify a maximum. Your lease should state the late fee amount and when it applies. Landlords cannot charge late fees during any grace period specified in the lease. Multiple late fees for the same late payment are generally not allowed.

Question 18

Can my landlord charge me fees not in my lease?

Accepted Answer

Generally, no. Fees should be specified in your lease agreement. If you're being charged unexpected fees, review your lease carefully. Document the charges and request a written explanation. If the fees aren't in your lease, you may be able to dispute them. Consider filing a complaint with the tenant association.

Question 19

What does the tenant association do?

Accepted Answer

The Sylvan Thirty Tenant Association supports residents by: (1) Providing free tools for you to document issues privately on your own device, (2) Providing legal resources and education (not legal advice), (3) Coordinating collective action on shared concerns, (4) Sharing information about tenant rights, (5) Connecting tenants with legal aid and other resources. Note: We do not collect or store any user data - all tools run locally in your browser.

Question 20

How do I join the tenant association?

Accepted Answer

Joining is free and easy! Visit our Join page at /join and fill out the membership form. You'll receive updates about meetings, advocacy efforts, and resources. You can participate as much or as little as you'd like - even just signing up helps strengthen our collective voice.

Question 21

Will my landlord know if I join the tenant association?

Accepted Answer

We keep member information confidential. We don't share membership lists with management. Your right to join a tenant association is legally protected under Texas Property Code §92.331, and retaliation for joining is prohibited. However, if you participate in public advocacy activities, that may be visible.

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