Texas Habitability Laws, Warranty, Inspections, and You [A Guide]

Every state has its own habitability laws. It makes sense. Ultimately states need to make sure that there are basic needs being met and landlords or property owners aren’t leaving their units go into complete decay or disrepair. There are regulations. At the same time, each state has their own laws on the books. The Texas habitability laws are different than those found in other places. Then you get into such things as a warrant of habitability (what is that?) and other jargon that may not be familiar to all – but is important. So, what are the Texas habitability laws that people need to know when it comes to their property?

As one of the premiere Austin property management solutions in the area, we know that Texas addresses questions of health and safety and habitability in its own unique way. It is important to address them by looking at the local and state laws. Let’s dive into this topic and explore what it means for Texas landlords and property owners, as well as tenants.

Table of Contents

• An Overview of Texas Habitability Laws
• What is Considered Uninhabitable Living Conditions in Texas?
• What is a Warranty of Habitability?
• Contact BMG to Help You Navigate These Waters

An Overview of Texas Habitability Laws

Let’s start with the basics. In Texas—and pretty much everywhere else—landlords have a legal responsibility to keep rental properties safe and livable for their tenants. This requirement comes from something called the implied warranty of habitability (more on that in a bit). Essentially, it means landlords have to make sure the property is sanitary, secure, and suitable for living. Issues like rodent infestations, sewage problems, faulty wiring, and other hazards that could impact a tenant’s health or safety fall under this rule.

Tenants need to notify landlords of necessary repairs or issues to the property. Texas law stipulates that tenants must inform their landlords about issues that affect health or safety. This notification should be made in writing, specifying the needed repairs. Landlords are then expected to make a diligent effort to address these problems within a reasonable timeframe, typically seven days.

What can tenants do in this situation? Afterall, these are repairs that are legally required. If a landlord fails to follow up after the tenant has communicated the need, there are a number of things they can do. They have several actions available. They may (1) request a court order requesting that the landlord perform the repairs, (2) repair the problem themselves and deduct the cost from the rent, or (3) terminate the lease agreement. It’s important to note that these remedies are only available when the tenant has taken all the required steps leading up to it.

There are also other things to consider. Texas law prevents landlords from retaliating against tenants who request necessary repairs. This is a type of harassment and something they should avoid completely. Retaliation can include such actions as eviction, rent increases, or lease terminations within six months of a tenant’s repair request.

What is Considered Uninhabitable Living Conditions in Texas?

While the word “uninhabitable” is used often when discussing these matters, many need to know what exactly that means to them. Places are considered uninhabitable if they pose a significant threat to the health or safety of tenants. It is engrained in Texas regulations and is something landlords and property managers should know about.

There is something called an implied warranty of habitability, which requires landlords to maintain rental properties in a safe and sanitary condition. Examples of uninhabitable conditions include severe structural issues, faulty electrical systems, persistent plumbing leaks, the presence of mold, and infestations by pests such as rodents or insects. It also included a lack of access to necessary utilities… which means the essentials like water or heating.

What is a Warranty of Habitability?

What is this it? It’s a word that is used in all kinds of places when people talk of habitability. It sure would be nice to hear it explained in simple terms. Here you go. The warranty of habitability is a legal concept designed to protect renters. In simple terms, it means landlords are required to keep rental properties safe, livable, and up to standards. Sounds reasonable, right? It’s called a “warranty” because it’s an automatic part of every residential lease — whether or not it’s specifically mentioned. Essentially, it’s always there as part of the agreement between landlords and tenants.

This means the essentials! What do the essentials mean exactly? Well, it is plumbing, heating, electrical systems… the essentials. They must not only be in place but also properly maintained. It’s not a one-time deal either — landlords are responsible for addressing issues that come up throughout the entire lease.

But it’s more than just fixing things when they break. Landlords also have to follow local housing codes and health regulations. For example, the property should be free from serious risks like mold, lead paint, or carbon monoxide leaks that could harm tenants. Property managers and landlords should be experts in these types of things or they are liable to get themselves into trouble eventually. If a landlord doesn’t take care of these problems after being notified, tenants have rights. They may be able to withhold rent, break the lease, or even take legal action to get repairs done.

At the end of the day, the warranty of habitability is there to make sure that tenants have a safe and livable home. It’s also designed to create a fair balance, holding landlords accountable while protecting tenants’ right to quality housing.

Contact BMG to Help You Navigate These Waters

The truth is that these types of regulations and keeping up with them can be tricky to maintain and put into practice when you’re talking about a lot of units. Plus, with new industry guidelines evolving all the time – who needs the added stress?

Hiring an experienced and locally established property management firm like Bay Property Management Group helps owners and landlords do not worry so much about these types of things. They can pass daily operations and compliance over to the experts. Our team of experienced property managers ensures your property remains legally compliant while keeping your best interests at the forefront. So give us a call today to learn more about the many benefits of quality full-service apartment management services in the Austin area, Georgia, Boston, Virginia, and other regions.