From Dallas to Austin, Houston and many places in between, housing in Texas is booming. Whether you’re a landlord wanting to avoid legal headaches or a tenant interested to know your rights, it’s important to understand what landlords can’t do.
Here’s a straightforward guide to the top 10 things landlords can’t do in Texas — perfect for both sides of the lease — no legal jargon included.
1. Ignore Essential Repairs
Landlords are responsible for fixing problems that affect a tenant’s health or safety. Say, for example, the air conditioning breaks during a Texas summer heatwave, there’s a major plumbing leak, or pests have taken over … landlords must act quickly once they’re notified. Ignoring these issues can lead to legal consequences.
2. Harass or Bully Tenants
Harassment isn’t just about verbal threats; it can include showing up unannounced, sending excessive messages, or trying to pressure tenants into giving up their rights. Texas law protects tenants from any kind of intimidation, and landlords who cross the line can face legal trouble.
3. Evict Without Going Through the Courts
If you’re a tenant worried about a landlord changing the locks or tossing out your belongings, know that this can’t happen without a court order.
Even if rent is late or there’s a lease violation, there’s a legal process that must be followed. Skipping these steps can result in fines and other penalties.
4. Discriminate Against Tenants
While this goes for Texas, this also goes for all 50 states: It’s illegal for landlords to treat people differently because of their race, color, religion, sex, national origin, disability, or family status.
Some cities also protect against discrimination based on things like sexual orientation or source of income.
5. Enter Without Reasonable Notice
Landlords must give tenants reasonable notice before entering a rental property. This is usually at least 24 hours, unless there’s an emergency. Repeatedly showing up without warning is not allowed and can be considered harassment, which I talked more about in point number 2.
6. Raise Rent Without Proper Notice
For month-to-month leases, landlords need to give at least 30 days’ written notice before increasing rent.
For fixed-term leases, rent can’t go up until the lease ends, unless the lease says otherwise.
Raising rent just because a tenant complained about repairs is not allowed.
7. Retaliate Against Tenants
Landlords can’t punish tenants for standing up for their rights, such as reporting unsafe conditions, requesting repairs, or joining a tenant group. Retaliation, like raising the rent, cutting services, or threatening eviction after a complaint, is illegal in Texas (and other states).
8. Rent Out Unsafe or Unlivable Properties
Landlords must make sure their properties are safe and livable. That means no severe mold, no major plumbing or electrical issues, and no dangerous conditions. Renting out a place that doesn’t meet basic standards is (you guessed it) against the law.
9. Keep Security Deposits Without Good Reason
After a tenant moves out and provides a forwarding address, landlords have 30 days to return the security deposit or explain in writing why money was withheld.
Deductions can only be for things like unpaid rent or damage beyond normal wear and tear. Keeping the deposit unfairly can lead to big penalties.
10. Enforce Illegal Lease Clauses
Even if a tenant signs a lease, landlords can’t enforce rules that go against Texas law.
This includes things like:
- waiving the right to repairs
- charging illegal fees
- skipping the legal eviction process
Final Thoughts: What a Landlord Can’t Do in Texas
For landlords, following these rules helps avoid legal trouble and keeps tenants happy. For tenants, knowing your rights means you can stand up for yourself and enjoy safe, fair housing.
Because here’s the truth: when everyone knows the rules, renting in Texas is a better experience for all.
Interested in wholesaling real estate in Texas? Check out our Texas wholesaling guide.