What a Landlord Cannot Do in Texas: A Guide for Roommates and Tenants

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Texas has its own rules for tenants, and if you're sharing a space, knowing what a landlord can and can't do protects everyone living under the same roof. This guide will walk you through important tenant protections under Texas law.

The Texas Property Code (specifically Title 8, Chapters 91 and 92) underpins landlord-tenant relationships in the state. Knowing what landlords and property owners can and can't do in Texas is especially helpful if you are sharing with roommates. Fair housing laws are meant to support the landlord-tenant relationship and create a positive environment for both parties.

If you're currently searching for rooms for rent in Houston, Austin, or the right people to share with, SpareRoom is the go-to roommate finder for thousands of renters across Texas and the U.S.

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An Overview of Texas Tenant and Housing Laws

In Texas, tenant rights are governed by the Texas Property Code and federal laws such as the Federal Fair Housing Act. Texas landlord-tenant laws have developed rules about lease agreements, evictions, repairs, and other matters that affect roommates and tenants in a rental property. These laws uphold your rights if you live in a shared rental property; this is true for both tenants and subtenants.

Texas law protects tenants' rights and provides:

• The right to a livable home
• Protection from discrimination
• Proper notice for rent increases or eviction
• Limitations on landlord entry to the property
• Protection against harassment
• The return of tenants' security deposits within 30 days of when the lease expires or you move out

Respect the Covenant of Quiet Enjoyment

Residential tenants in Texas are protected by the 'covenant of quiet enjoyment'. This covenant stops landlords from interrupting your right to a peaceful environment in your rental unit. It means they can't visit you constantly, make calls, or interfere with your utilities and essential services to force you to leave.

For example, you might be renting a room in Houston in an apartment, and the landlord keeps using his key to enter, without giving you notice. This violates your rights.

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Entering the Property

Texas landlords must provide reasonable notice before entering your rental, unless there's an emergency. The Texas Property Code doesn't give an exact time frame, but 24 hours is generally considered reasonable. There are also restrictions on the reason for entering a property. The only reasons that are allowed are:

• To conduct repair work or maintenance
• To do inspections
• When showing the rental to potential tenants

For example, if you live with other roommates and someone is not home, the landlord must notify everyone before he/she can enter any private or shared spaces.

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Refusing Essential Repairs and Maintenance

In Texas, landlords are responsible for keeping their properties safe and livable, as part of their property management responsibilities. This includes doing necessary repairs and maintenance on plumbing, heating, water, and even Wi-Fi. Tenant repair requests need to be actioned quickly too, especially if they affect the tenants' health and safety.

An example would be if your heater stops working in Texas winter and the landlord refuses to fix it (or ignores your request), you can send a written repair request. If the landlord fails to follow through and do the repair, you have two options: to repair the heater and deduct the cost from your rent, or terminate your lease agreement.

Security Deposits

Texas has rules for handling a tenant's security deposit. Under these rules, landlords must:

• Return the security deposit within 30 days of you moving out
• Give you an itemized list of deductions made
• Only make deductions for damages beyond "normal wear and tear"

For example, your landlord isn't allowed to keep your deposit (in part or in full) to paint a wall that's faded over your tenancy. That would be classified as normal wear and tear, and making security deposit deductions would be illegal.

Illegal Evictions

Texas landlords must evict tenants legally by following a legal process. They aren't allowed to

• Change any locks or restrict access without giving notice
• Switch off utilities in an attempt to force you to move out
• Evict you or remove your personal belongings without a valid court order.

This applies to anyone renting in Texas, even if you're living in a shared environment and your name isn't listed on the lease.

An example of an illegal eviction would be if your landlord locks you out of the apartment because one roommate has unpaid rent payments due. The landlord would need to go through the court to obtain an order.

Discrimination and the Fair Housing Act

The Federal Fair Housing Act and Texas law safeguard tenants against discrimination. Landlords can't discriminate against anyone based on their religious beliefs, gender, disability status, skin color, race, national origin, or familial status.

If you apply to rent a room and the landlord refuses your application because of your ethnicity, it would be a violation of fair housing laws.

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When and How Landlords Can Increase Rent

Even though Texas doesn't have rent control, landlord-tenant laws require landlords to give you enough notice about rent increases. This means:

• The written notice must be given at least 30 days ahead of the increase if it's a month-to-month lease
• A landlord can't increase rent in retaliation or to discriminate against tenants

Your landlord cannot decide to increase your rent halfway through the month, because of your religious beliefs, or because you reported them for a lease violation.

Retaliation

Retaliation is when a landlord takes a negative action against a tenant because the tenant exercised a legal right (like requesting repairs, complaining to authorities, or joining a tenant union). Under the Texas Property Code, retaliation by landlords is not allowed, and tenants are protected for engaging in legally protected activities.

Landlords are strictly prohibited from retaliating against tenants who:

• Ask for repair work to be done
• Lodge a code enforcement complaint
• Organize or join tenant groups (like the Texas Tenants' Union or the Texas Apartment Association)

A retaliatory landlord might attempt to raise rent in response to a complaining tenant or a roommate requesting repairs.

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Rental Leases and Illegal Lease Terms

A rental agreement is a legal contract between a landlord and tenant that sets out the terms of leasing a property. It includes things like rent amount, duration of tenancy, responsibilities for repairs, rules about guests, and what happens if someone breaks the lease.

Texas law offers protections to renters who have a formal written lease and tenants with verbal agreements.

Illegal Lease Terms: What Texas Landlords Can't Include

Under the Texas Property Code, certain rental agreement terms are unenforceable or illegal, even if you sign the agreement. They protect you against unfair treatment. These include clauses that try to:

• Waive the landlord's duty to repair: The lease can't take the landlord's responsibility for property management away; they have a legal obligation. Property owners and landlords must make the necessary repairs by law.
• Allow lockouts without a court order: Your landlord cannot lock you out, even if your rent payments are behind. Any written agreement that tries to convince you otherwise is illegal.
• Waive the tenant's right to sue or defend themselves in court: Landlords can't strip tenants of their rights to pursue legal action and seek court intervention.
• Make tenants pay for all damages, including normal wear and tear: You're only responsible for damages beyond normal wear and tear. Any lease that says you must cover maintenance issues can't be enforced.
• Require tenants to pay unreasonable late fees or penalties: Late fees must be reasonable and stated in the lease. Texas law limits late fees based on the property type and rental amount.
• Shift all liability to the tenant: One example of liability would be if the lease says tenants must pay for injuries that occur on the property, even if the landlord is negligent.

Roommate-Specific Lease Considerations

If you're living with roommates in Texas:

1. Some leases may only let tenants whose names are on the lease live on the property. Even so, Texas law makes provisions for roommates who have been living there with the landlord's permission.
2. Replacement roommate clauses must be reasonable. Landlords can ask for approval, but they can't refuse accommodation to someone who meets their screening standards.
3. Any rules that ban all guests or overnight visitors without flexibility could be challenged if they infringe on basic tenant rights.

The Legal Consequences of Violating Texas Law and Lease Terms

If your landlord breaches the terms of your lease agreement, these are some of the legal procedures you could follow:

• File a complaint with the Texas Department of Housing and Community Affairs (TDHCA)
• Sue in a small claims court
• Withhold rent (only in specific, legally allowed cases)
• Terminate the lease early (without penalty)

Keep all written communication and document every incident. This helps protect you in case things escalate.

If you move forward with legal action, it's important that you have supporting documentation and proof of your claims.

FAQs

Can My Landlord Stop Me From Having Roommates?

In most cases, landlords can set reasonable limits, but they aren't allowed to ban roommates unreasonably, unless it's included in the lease terms.

What if I'm Not on the Written Rental Agreement?

Roommates who aren't listed on the lease agreement also have rights and protections. Texas law recognizes tenants by what happens on the property. If you live there or pay rent, those protections apply to you.

What Happens if One Roommate Doesn't Pay Rent?

Landlords can take legal action against tenants for unpaid rent, but there must be legal compliance for an eviction. If you're living in a shared housing arrangement, have a written agreement that outlines each roommate's responsibilities.

Can the Landlord Charge Me for Carpet Cleaning?

Routine carpet cleaning costs can't be deducted from a security deposit. If you have damaged the carpet beyond normal wear and tear, the cost of replacing or repairing it could be deducted.

Can I Withhold Rent if My Landlord Doesn't Make Repairs?

Texas law allows tenants to withhold rent only in very specific situations:

• You must have submitted a written request for repairs
• The issue must affect your health and safety (such as mold, broken heating, or unsafe wiring)
• The landlord must fail to act within a reasonable time.

If these conditions are met, you may be able to repair the issue yourself and deduct the cost from rent, or withhold rent in accordance with legal guidelines.

What If the Rental Poses a Risk to My Physical Health?

You have the right to demand repairs if the conditions in your rental unit threaten your physical health, such as the lack of clean water, faulty electrical wiring, or severe pest infestations. If your landlord refuses, you may be eligible for early lease termination, provided proper written notice and documentation are in place.

Can I End My Lease Early for Health and Safety Reasons?

Yes, Texas law may allow you to terminate your lease without penalty if the rental is unsafe and the landlord doesn't fix the issue after written notice. The condition must seriously affect the tenant's health and safety. Always document the problem and your communications with the landlord.

Conclusion

Living with roommates can be a great way to save money, but it comes with legal responsibilities and protections. The lease terms must always be reasonable and enforceable. Landlords must give proper notice before entering the property or raising rent. Texas state law doesn't have rent control, but you must be given advance notice about any increases. Understanding how landlord-tenant laws work and what a landlord cannot do in Texas helps ensure you're treated fairly.

Disclaimer - This information is for general informational purposes only and should not be treated as legal advice. We recommend you consult an experienced Landlord Tenant attorney if you require legal advice.