KENNETH
C. COURVILLE
ATTORNEY
|
PRACTICE
AREA - TENANTS' RIGHTS
As a tenant, Texas law gives you certain rights. Often landlords
will attempt to violate your rights because you probably do not know of
them. With the assistance of an attorney, you may be able to get a Texas
court to help you force the landlord to respect your rights and follow
the law. The most common problems with landlords fall into seven categories:
-
Security deposits - Your landlord cannot just keep
your security deposit after you move out. Your landlord can only deduct
damages from your security deposit for things you did that were not allowed
by lease contract with your landlord, or for things you did that the law
does not allow you to do. To protect your rights, you must give your landlord
written notice of your new address when you move. Thirty (30) days after
you move out and have given written notice of your new address, your landlord
MUST
give you a written list of each amount deducted from your security deposit
and the reasons why each amount was deducted. Remember, your landlord cannot
deduct for ordinary wear and tear.
-
Security Devices, Locks, Lockouts, etc. - In most
cases, your landlord cannot just lock you out of your home or apartment.
Even if you are behind on your rent, you are entitled to a key to your
new lock at any time, 24 hours a day, if your landlord changes your locks.
Each window must be equipped with a window latch. Each outside door must
have a doorknob lock or keyed dead bolt, a keyless bolting device (one
way deadbolt), and a door viewer (peep hole). You can also have your landlord
change your locks within seven days of moving into your new apartment if
you request it in writing.
-
Repairs - Your landlord must repair any condition
that "materially affects the physical health or safety of an ordinary tenant."
This is not very broad, but would include conditions that would put your
life in danger, such as a problem with open raw sewage or water flooding
into your home or apartment. Additionally, your landlord is also responsible
for repairing conditions that interrupt running water, heat or air conditioning
if
your landlord has agreed to furnish water, heat or air conditioning.
-
Cutting off utilities - Whether you live in an "all
bills paid" apartment or you pay your utility bills directly to the utility
company, your landord cannot cut off your utilities in most cases.
-
Smoke detectors - Your landlord must install, maintain
and repair smoke detectors in your apartment or home. There is no exception.
-
Hiding landlords - Some landlords hide their true
identity or street address because they wish to hide from their tenants.
They do not want to be served with a lawsuit or a written request to do
something they are required to do by law. An attorney can help you force
the landlord to disclose its true identity and street address.
-
Retaliation - If you are not behind on your rent,
your landlord cannot evict you for asking for your rights under the law,
such as changing locks, making repairs or turning the lights or water back
on.
You may also have other rights. If you have a particular
problem with your landlord, please call my office and schedule an appointment.
Each law your landlord breaks has different consequences.
In most cases, if a tenant wins, he or she can get a court to order the
landlord to pay any reasonable and necessary expenses the tenant paid because
the landlord violated the law. For instance, if you have to hire a plumber
to repair a flooding waterline because your landlord refuses to make the
repair, you may be entitled to the amounts you paid your plumber. In addition
to awarding you the money you paid because your landlord violated
the law, many of the laws about residential tenants give the tenant reasonable
attorney's fees if he or she wins. Sometimes, the law allows you to end
your lease with the landlord or imposes a penalty on the landlord, such
as $500. It is important that you talk to an attorney about your particular
situation to determine what actions you should take.
If you would like to visit with me about your situation,
please call my office and set up an appointment.
Not certified by the Texas Board of Legal Specialization.
Last updated Wednesday, August 8, 2001, at 3:15 pm CDT (-0500).
webmaster@courvillelaw.com