Tenant Law in Texas

In El Paso County, Texas, relationships between tenants and landlords can sometimes become strained.

There are many rights and responsibilities that landlords and tenants have. It's important that each party is aware of their rights, and the rights of the other party. By knowing and respecting these rights, the risk of conflict should be reduced dramatically.

Landlord's Rights in El Paso County, TX

The most important and most obvious right that a landlord has is the right to timely payment of rent from the tenant. This, of course, means that the tenant has a duty to pay rent.

They additionally have a right to compensation for any damage that a tenant causes, beyond ordinary wear and tear. Landlords are free to bill the tenants for repairs to damage they caused, and deduct the cost from the security deposit.

Tenant's Rights in El Paso County, TX

Tenants, most basically, have a right to a habitable apartment. After all, this is what they're paying for. El Paso County, Texas landlords are obligated to see that the units they rent to tenants are fit to be lived in by people. Many numerous defects might render an apartment uninhabitable, such as serious infestations and other problems with sanitation, lack of running water or electricity, or failure to provide adequate protection from the outside elements.

Moreover, tenants are entitled to common areas that are reasonable safe and sanitary. The common areas of an apartment building would include lobbies, laundry rooms, stairwells, hallways, and fire escapes (basically, any part of the building which all of the tenants can access). In El Paso County, Texas, these areas must be kept reasonably clean and safe.

In the United States, and most likely under the statutes of Texas, it is unlawful for renters or sellers of real estate to discriminate on the basis of race, gender, national origin, color, or religion. Doing so can subject a landlord to harsh civil penalties. Additionally, they cannot discriminate based on physical disabilities, either. Tenants with physical disabilities, who are otherwise qualified to rent an apartment (they are able to pay, have good credit, etc.) are entitled to make reasonable modifications to the apartment to make it more accessible to them, and the landlord generally can't bar a tenant from doing this, as long as the modifications are not too extensive, and are reversible. The landlord can, however, require the tenant to remove the modifications, at the tenant's expense, when they move out.

Tenants are also legally protected from unfair eviction. Before a lease agreement expires, landlords cannot evict tenants unless they breach as significant term of the agreement by not paying rent, causing serious damage to the property, engaging in activities that are a nuisance to the other tenants, or engaging in illegal activity on the property, among other things.

Can a El Paso County, Texas Landlord/Tenant Lawyer Help?

Whether you are a landlord or a tenant, chances are that you want to avoid conflict. But if you do end up in a seemingly irresolvable conflict with the other party, an El Paso County, Texas attorney can help you protect your rights.