Legal Protections
Know Your Rights as a Texas Tenant
Texas law protects you. Learn about repairs, eviction, security deposits, retaliation, and more. Your right to organize is protected under §92.331.
Important Legal Deadline
CRITICAL: 6-Month Retaliation Protection Window
Under Texas Property Code §92.331, protection from retaliation lasts for only 6 months after you exercise your rights.
What this means:
- If you complained on January 1st, you're protected until June 30th
- After 6 months, landlord actions may not be considered retaliation
- Document everything immediately with dates and times
- Take action quickly if you experience retaliation
Texas Property Code §92.331
Retaliation Protection
Texas law prohibits landlords from retaliating against tenants who exercise their legal rights. This is your most powerful protection.
You Are Protected When You:
Complain to the landlord about lease or code violations
Report health/safety violations to government agencies
Request repairs for habitability issues
File complaints with city code enforcement
Join or organize a tenant association
Exercise any right under the Texas Property Code
Remedy if Violated: You may recover one month's rent + $500, actual damages, court costs, and reasonable attorney's fees.
Prohibited Retaliatory Actions
These actions MAY be illegal retaliation if they occur within 6 months of exercising your rights:
- Eviction or threats of eviction
- Decreasing services or refusing maintenance
- Increasing rent outside normal lease terms
- Refusing to renew your lease
- Harassing or intimidating conduct
- Filing false charges against you
Texas Property Code §92.052-061
Your Right to Repairs
Landlords must make repairs that affect your health and safety. Texas law gives you specific remedies if they don't.
Required Steps:
- 1Send written notice to landlord by certified mail, return receipt requested
- 2Be current on rent at the time you send the notice
- 3Allow 7 days (presumed reasonable time) for landlord to respond
- 4If no response, you may pursue legal remedies
WARNING: You CANNOT Withhold Rent
Texas does NOT allow rent withholding. Doing so can result in eviction and liability for one month's rent + $500 + attorney's fees.
Your Legal Remedies:
1. Terminate Lease
You may be able to end your lease if the condition materially affects health/safety.
2. Repair and Deduct
For certain repairs, you can fix it yourself and deduct from rent (max: one month's rent or $500, whichever is greater). Strict rules apply.
3. Court Order
Justice of the Peace courts can order repairs up to $10,000. You don't need an attorney for JP court.
4. Rent Reduction
Courts may order reduced rent from the date of notice until repairs are made.
Texas Eviction Law
Understanding the Eviction Process
Eviction is a legal process with strict rules. Landlords cannot lock you out, turn off utilities, or remove your belongings without a court order.
Eviction Timeline:
Notice to Vacate (3+ days)
Written notice required. You do NOT have to move at this point.
Lawsuit Filed in JP Court
Landlord must file a “forcible detainer” suit. You'll be served papers.
Court Hearing (10-21 days after filing)
You must be served at least 6 days before trial. You can request a jury.
Appeal Window (5 days - STRICT)
You have exactly 5 days to appeal, including weekends/holidays. Don't miss this!
Writ of Possession
Only after 5 days with no appeal can landlord get writ. Constable supervises removal.
Illegal “Self-Help” Evictions
It is ILLEGAL for your landlord to: change locks, remove doors/windows, turn off utilities, or remove your belongings without a court order. If this happens, call police.
Texas Property Code §92.101-110
Security Deposit Rights
Your security deposit has legal protections. Landlords can't keep it without justification.
30-Day Return Deadline
Landlord must return deposit within 30 days of move-out, or provide written itemization of deductions.
No “Normal Wear and Tear” Deductions
Landlords cannot deduct for normal wear—only actual damage beyond ordinary use.
Written Itemization Required
If any amount is withheld, landlord must provide a written list of specific deductions.
Rights Cannot Be Waived
Your lease cannot take away these rights. Any clause that does is void.
To Protect Your Deposit:
- 1Take photos/video of the unit when you move in AND move out
- 2Request a move-in inspection checklist and keep a copy
- 3Give proper written notice before moving (check your lease)
- 4Provide forwarding address in writing
- 5Request final walk-through with management
If Landlord Fails to Return: You may sue for 3x the wrongfully withheld amount plus $100 in statutory damages and attorney's fees.
Texas Property Code §92.056
Pest Control Rights
Pest infestations affecting health and safety fall under the landlord's repair obligations.
Key Points:
- 7-day response is presumed reasonable after written notice
- Must address issues affecting health/safety
- Bed bug addendums are common but check your rights
- Retaliation for reporting is prohibited
What To Do:
- 1Document the infestation with photos/video
- 2Send written notice via certified mail
- 3Request pest control treatment in writing
- 4Call local health department if no response
Texas Property Code
Mold Issues
While Texas has no specific mold law, mold that affects health/safety falls under the implied warranty of habitability.
Your Rights:
- Landlord must remove conditions affecting health/safety
- 7 days presumed reasonable after certified mail notice
- May terminate lease if not addressed
- Can seek court order for removal
Important:
- Document mold with photos and video
- Report in writing via certified mail
- See a doctor if you have health symptoms
- Consider hiring a mold inspector if severe
Health Claims: If mold caused health issues, consult a personal injury attorney. You have 2 years from injury to file a claim.
Texas Property Code §92.0131
Vehicle Towing Rights
Your landlord must follow specific rules before towing your vehicle.
Your Protections:
- 14 days notice required before changing towing policies
- Parking rules must be provided before lease signing
- Rules must be in writing (lease or attachment)
- Landlord liable for $100 + tow/storage costs if violated
If Your Car Is Being Towed:
- 1Before it leaves: Pay “drop fee” to get your car back on the spot
- 2Request a tow hearing in JP court within 14 days
- 3Check if towing company is properly licensed with TDLR
Federal Law
Fair Housing Act
Federal law prohibits housing discrimination. You are protected regardless of your landlord's preferences.
Protected Classes:
File a complaint: 1-800-669-9777 or hud.gov/fairhousing
Best Practices
Protect Yourself: Document Everything
Your documentation is your evidence. Proper records can make or break your case.
Document Everything
- Take photos/videos with timestamps
- Keep all written communications
- Save emails and text messages
- Use certified mail for notices
Timeline Matters
- Note exact dates of complaints
- Track landlord response times
- Record any retaliatory actions
- Remember: 6-month protection window
Get Help
- Consult with an attorney
- Contact Legal Aid: (888) 529-5277
- File complaints with agencies
- Join our tenant association
Need Help With Your Rights?
Our tenant association is here to help you understand and exercise your rights. Report issues, get resources, and join our community fight for better conditions.
Legal Aid Line
(888) 529-5277
Eviction Defense
(855) 548-8457
Fair Housing
1-800-669-9777