Whether you rent an apartment, a house, or even a manufactured home in Austin, it's important to know your legal rights as a tenant. Texas law guarantees certain rights to persons renting property within the state; these include, but are not limited to, the right to a secure living environment, the right to a safe and healthy place to live , and the right to reside peacefully and without harassment in your rental property.
Security
Your landlord is required to install sufficient door and window latches, locks, and security bars to secure your possessions to a reasonable degree. While the interpretation of what constitutes reasonable security is open for debate, in general terms this means that your landlord is responsible for making sure the locks on your doors and windows are in good working order, and must replace them if they are defective or become damaged with normal wear. Reasonable security measures include deadbolt locks, security bars for sliding patio doors, and working outer doors and windows. Home security systems are not included as requirements under Texas law, but may be included in your lease if you are willing to assume the financial responsibility for maintaining them.
Safety and Health
Texas law requires your landlord to provide you with a fit place to live. Again, the statutes are not specific regarding every situation, but generally this requirement has been interpreted to cover serious threats to health or safety. If your apartment contains dangerous levels of chemical or biological contamination, such as radon gas or high levels of mold, these would usually qualify as serious threats. In cases like these your landlord usually will be required to remedy these conditions at his own expense unless he can prove that the contamination was due to negligence or willful damage on your part. Your landlord is required to provide sufficient working smoke detectors. As a tenant, you are not allowed to disconnect these smoke detectors or disable them under Texas law.
Privacy
These provisions of Texas tenant law are often interpreted solely to mean that your landlord cannot evict or disturb you unnecessarily in your home. The actual intent of the law is much broader, and extends to the right not to be disturbed by other tenants in the building. If your neighbors are interfering with the normal peace and quiet expected in one's home, you have the right to contact your landlord and request that he deal with the problem. Generally, landlords have the right to access your property at reasonable times to inspect the condition of the property and make any needed repairs; they do not usually have the right to enter unannounced or without giving you prior notice of their intention to inspect or repair the property. Some landlords include clauses in the lease agreement allowing them unrestricted access to the rental property; it's best to read the lease agreement carefully to ensure your right of privacy in your own home.
If your landlord fails to comply with any of these legal requirements after being informed of unsafe or unhealthy living conditions, you can seek redress by taking him to small claims court or forming a tenant organization (or joining such an organization if one already exists). If you feel you have been discriminated against, either by having your application for rental housing unfairly denied or by discriminatory treatment afterward, the Fair Housing Council of Austin investigates and documents complaints of discrimination. Most importantly, know your rights and be proactive in dealing with your landlord to ensure that your rental home is a safe and secure place to live.
Disclaimer: All information on this site is provided for informational purposes only! By no means is any
information presented herein intended to substitute for the advice provided to you by any health care or other professional
or organization.
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