What A Landlord Cannot Do In Texas
Being a landlord can be more complicated than many people seem to think. There are so many facets of the job, from finding and screening new potential tenants to finances to regulation and compliance of the units. There is a lot going on, and much of it is heavily influenced by local and state laws. In Texas, for example, there are specifications of the job that may be different there than they are in Louisiana or New York. If you’re a landlord, it certainly helps to know what a landlord cannot do in Texas, specifically, since a no-no there may be different than the no-no’s in other states.
Our Austin-area property management covers everything involved with the landlord experience. So, we know what landlords should be doing (and what they shouldn’t). Going over a lot of the basics can be helpful for so many who are just starting out in the field or need a refresher on Texas-specific regulations. Let’s dive into the topic and cover a lot of those.
Table of Contents
- What a Landlord Cannot Do in Texas
- Resources to Learn More
- What You Can Do: Hire a Property Manager to Help
What a Landlord Cannot Do in Texas
There are many things a landlord needs to know in order to be knowledgeable and legally sound in their everyday work. At the same time, there are many things that a landlord just plain can’t do (legally). What a landlord cannot do in Texas may differ slightly from other states. While this list won’t cover every single thing (some things may just be things that no one can do legally), the goal is to outline a number of common pitfalls or misconceptions that landlords should cover as they go about their work.
Not Be Aware of Compliance Laws
Landlords need to be aware of local, state, and federal laws that govern rental properties. And not only that, they need to comply with them. Failing to understand or follow regulations can lead to disputes with tenants and potentially legal problems. This means not ignoring habitability standards such as making sure that the property is safe, livable, and meets basic health requirements.
Not being aware of these compliance laws can expose landlords to lawsuits,= and fines, not to mention damage to their reputation, which can follow them around the rest of their lives.
Discriminate Against Tenants
Landlords cannot do anything that would be deemed discrimination against tenants. This is according to the Fair Housing Act and Texas state laws. If you’re asking what a landlord cannot do in Texas, discrimination clearly falls in that category.
What does this “discrimination” mean exactly? It means landlords cannot deny housing, set different rental terms, or treat tenants unfairly in any way based on protected characteristics: race, color, national origin, religion, sex, familial status, or disability. Also, landlords need to provide reasonable accommodations for individuals with disabilities. They also need to be conscious of how they advertise. Advertising rental properties in a way that expresses preference or exclusion based on these characteristics is also illegal.
Illegally Withhold the Security Deposit
Landlords are only allowed to withhold a tenant’s security deposit in certain ways. This is outlined in the Texas Property Code. After a tenant moves out, the landlord has 30 days to return the security deposit or provide an itemized list of deductions for damages beyond normal wear and tear. In other words, normal wear and tear cannot be deducted from the deposit. Landlords need to learn what can be deemed “wear and tear” and be familiar with it so they don’t charge tenants improperly.
Landlords cannot withhold the deposit as retaliation or for reasons not specified in the lease agreement. If deductions are made, they need to be reasonable and documented. As a general rule, landlords should follow proper procedures when handling security deposits.
Ignore Maintenance Needs
Neglecting maintenance needs is another thing that landlords should avoid. They are legally required to address maintenance issues that impact a property’s safety, health, or habitability (again, under the Texas Property Code).
If a landlord fails to act, tenants may have legal options. So it is important. Landlords need to make sure that their properties remain safe and habitable to comply with Texas laws.
Engage in Retaliatory Behavior
It should go without saying, but it is illegal for landlords to do anything that would be deemed retaliatory behavior against tenants. This clearly falls into the category of what a landlord cannot do in Texas. But, what does that mean? It means they cannot increase rent, reduce services, threaten eviction, or terminate a lease in response to a tenant taking lawful actions. Such actions may include requesting repairs, filing complaints with a government agency about code violations, or participating in a tenant organization.
Resources to Learn More
What if you want to learn more? There are all sorts of resources online to dissect the topic. You can look to the Texas State Law Library for more information on landlord-tenant law. You will find a lot of resources there that can help you.
You can look through the Landlords and Tenants Guide, a report from the Texas A&M Real Estate Center. It explains in plain, everyday language the sections of the Texas Property Code dealing with landlord-tenant law.
You can also look over the Tenants’ Rights Handbook from TexasLawHelp.org. There are many rights and regulations explained in that guide.
What You Can Do: Hire a Property Manager to Help
There is a lot to being a landlord; it’s more than just owning and renting a home. Are you kidding? It entails a host of things, especially if you want to be a well-regarded landlord. Earning the honor of being a good landlord takes a lot of time, effort, and consideration. And it takes a lot of know-how to stay compliant all the time in every unit.
One of the simplest ways to make sure you maintain compliance for each rental is with a professional management company by your side. Bay Property Management Group offers comprehensive rental management services in Austin, Atlanta, Baltimore, Philadelphia, Northern Virginia, and elsewhere. Contact BMG today to learn more about our services, including rental marketing, tenant screening, maintenance, rent collection, and more.