Common Tenant Rights in Houston

In Houston, Texas, tenant rights are governed by both state and local laws. Tenants have specific rights and responsibilities. Understanding these rights can help you navigate any issues that arise during your tenancy and ensure that you are treated fairly by your landlord.

Here’s a general overview of common tenant rights you might want to be aware of:

• Right to a Habitable Home: Landlords must maintain rental properties in a condition that is livable and meets basic health and safety standards. But that does not mean they are responsible for ALL items in the property when it is occupied. In Texas, landlords are only responsible for maintaining specific items in the property (e.g. roof leaks, burst pipes, drainage line collapse, etc.) - tenants are responsible for all other items. In an emergency repair situation there may be delays due to vendor availability or weather restrictions. Also it's important to note that landlords are not required to maintain during collections/evictions, nor for any type of tenant caused damage.
• Right to Privacy:  Landlords must handle tenant information, such as personal details and rental payment history, with confidentiality and are prohibited from installing surveillance devices in areas where tenants have a reasonable expectation of privacy, such as inside their rental unit. Landlords generally must provide notice before entering a rental unit, typically 24 hours, They can enter in case of emergencies or for necessary repairs.
• Right to Fair Treatment: In many countries, including the United States, under the Fair Housing Act (FHA), tenants are protected from discrimination based on race, color, religion, sex, national origin, disability, or familial status. This means landlords cannot refuse to rent, offer different terms, or treat tenants unfairly based on these characteristics.
• Right to a Written Lease: A written lease is a formal document that outlines the terms and conditions of the rental agreement between a landlord and tenant. It serves as a legally binding contract that details the rights and responsibilities of both parties. Landlords must adhere to the terms of the lease that includes the rental amount, duration of the lease, and any other agreed-upon terms.
• Right to Proper Notice: Landlords will typically provide notice before entering a tenant’s unit. The notice period typically ranges from 24 to 48 hours. The notice should specify the reason for entry and the time of visit. In emergencies (e.g., fire, flooding, or other immediate threats), landlords may enter the property without prior notice. But Landlords have the right, per the lease, to enter the property at any time without notice to check the condition of the property - Ashoka Lion does not typically utilize this clause in the lease, but will do so for uncooperative tenants.
• Right to Return of Security Deposit: A security deposit is a sum of money paid by the tenant at the beginning of a lease to cover potential damages to the property or unpaid rent. This  tenant right ensures tenants receive their security deposit back, or a detailed explanation of any deductions, at the end of their tenancy. This right helps protect tenants from unfair practices and provides financial security when they move out of a rental property. Landlords must return the security deposit within 30 days of the teanants move out date OR date forwarding address is received (whichever is later), minus any deductions for damages beyond normal wear and tear. Normal wear and tear does not include items like cleanliness of the property (e.g. dirty counters, floors, carpets, etc.), items left behind, etc. Normal wear and tear is the normal deterioration of an item - security deposit deductions are made against tenant CAUSED damages (e.g. drains clogged, holes in sheet rock, or replacements needed before end of life expectancy - e.g. carpet was replaced 2 years ago and has to be replaced after vacancy due to tears/stains/etc.).
• Right to Dispute Resolution: This right allows tenants to seek redress and resolve conflicts with landlords or property managers regarding various aspects of the tenancy. Some of the common disputes includes rent increase, maintenance and repairs, evictions, etc.

If you face issues with your landlord, consider reaching out to local tenant advocacy groups, such as the Houston Tenants Union, or seek legal advice from attorneys specializing in tenant rights. Knowing and exercising these rights can help tenants ensure they are treated fairly and maintain a positive rental experience.