Being a landlord in Texas comes with many responsibilities, but it also includes important rights that protect your interests as a property owner. Whether you’re new to property management or have owned rentals for years, understanding these rights helps you make informed decisions about your property.
Right to Screen Potential Tenants
Finding the right tenant is one of your most important tasks as a landlord. Texas law supports your right to carefully review potential tenants before signing a lease. You can check credit histories, contact past landlords, and verify employment information. You’re also allowed to run background checks and ask for rental applications.
Here’s something important to know: Texas Property Code Section 92.3515 says you must tell potential tenants in writing about your screening requirements before they pay an application fee. This helps avoid misunderstandings and keeps the process fair for everyone.
Right to Collect Rent and Deposits
When it comes to money matters, Texas gives landlords significant flexibility. You can set your own rental rates based on what the market will bear. Unlike some states, Texas doesn’t limit how much you can charge for a security deposit. You can also charge late fees when rent isn’t paid on time, but there’s a catch – these fees must be written into your lease agreement and be reasonable, according to Texas Property Code Section 92.019.
Right to Enter and Maintain Property
While Texas law doesn’t spell out exact rules about when you can enter your rental property, it’s good practice to give tenants at least 24 hours’ notice before stopping by for routine matters. Of course, emergencies are different – you can enter immediately if there’s a water leak, fire, or other urgent situation that could damage your property or harm tenants.
Right to Evict Tenants
Sometimes, despite your best screening efforts, things don’t work out with a tenant. Texas law protects your right to evict tenants who don’t pay rent, break lease terms, overstay their lease, or engage in illegal activities. However, you must follow the proper legal process outlined in Texas Property Code Chapter 24.
This means giving written notice to vacate, filing the right paperwork with the justice court, and waiting for a court hearing before taking any action. Never try to evict a tenant by changing locks or removing their belongings – this is illegal and could lead to serious problems.
Making Changes to Your Property
As a Texas landlord, you have the right to improve and update your property. Want to renovate empty units? Go ahead. Need to update the common areas? That’s your right. Just remember to give tenants proper notice about changes that might affect them, and always follow the terms of your existing leases.
When Leases End
The end of a lease brings its own set of rights. You can decide not to renew a lease, as long as you give proper notice. If tenants leave damage beyond normal wear and tear, you can keep some or all of their security deposit – but be sure to document everything carefully. Texas Property Code Section 92.103 gives you 30 days to return security deposits after tenants move out.
Dealing with Left-Behind Property
What happens when tenants leave belongings behind? Texas law is on your side here too. You can remove abandoned property after giving proper notice. While you need to store these items safely for a while, you can eventually sell or dispose of them following state guidelines. You’re even allowed to charge former tenants for storage costs.
Getting Help with Landlord Matters
Managing rental property involves many moving parts and legal considerations. The Law Office of Kyle J. Moore, PLLC understands Texas landlord rights and has helped property owners throughout Texas protect their investments. Our team brings the same dedication to landlord-tenant matters that we apply across all our practice areas.
Whether you need help with a tenant dispute, lease review, or eviction process, we’re here to help. Beyond landlord-tenant law, we serve Texas residents in personal injury cases, support veterans with their legal needs, handle construction law disputes, and assist with small business law.
Don’t let legal challenges affect your rental property business. Contact the Law Office of Kyle J. Moore, PLLC today for a consultation about your landlord-tenant matters. We’ll help you understand your rights and take the right steps to protect your property interests.