Tenant Law in Texas
In Port Arthur, Texas, relationships between tenants and landlords can occasionally become strained.
Both parties to a landlord/tenant relationship are controlled by an extensive body of laws and regulations, defining their legal rights and obligations.
Landlord's Rights in Port Arthur, TX
First and foremost, landlords have a right to timely payment of rent from their tenants, at the agreed-upon rate. This, of course, imposes on tenants a duty to pay their rent in whole, in a timely manner.
Additionally, landlords can bill the tenant for any damage they cause to the unit, whether it was intentional or negligent. The costs of repairs for such damage can be deducted from a tenant's security deposit, but it should be noted that tenants aren't accountable for normal wear and tear, over which they have little control.
Tenant's Rights in Port Arthur, TX
Much like landlords have a right to get paid for the service they provide, tenants have a right to get what they pay for: a suitable place to reside. In Port Arthur, Texas, all residential rental agreements carry an "implied warranty of habitability." This means that a landlord implicitly guarantees that any residence he or she rents will be fit for human habitation. In general, an unit will be automatically deemed uninhabitable if it lacks running water, electricity, heat, and acceptable protection from the elements. There are numerous more factors that can be considered, as well, but those are some of the basics.
Tenants also have a right to ensure that the common areas of their apartment building are reasonably safe. Landlords are required to make sure that the common areas of their buildings meet Port Arthur, Texas's building codes, and that there are no conditions that create unnecessary safety hazards. They are obligated to make, at their own expense, the required repairs.
Tenants also have rights, under federal and Texas law, to not be victims of racial, ethnic, or gender discrimination in housing, whether they are renting or buying. Additionally, landlords are not allowed to discriminate against tenants based on physical disabilities. They must also allow physically-disabled tenants to make reasonable modifications to the apartment to make it more accessible. Nonetheless, the landlord can require tenants to remove those modifications and restore the property to its original condition once the tenant moves out.
And lastly, most state laws prevent landlords from arbitrarily evicting tenants. If the lease agreement is for a set period of time, the landlord typically can't evict the tenant until the lease expires, without a good reason. Valid causes for eviction include unpaid rent, illegal activities on the property, damage to the building caused by the tenant, and excessive noise.
Can a Port Arthur, Texas Landlord/Tenant Lawyer Help?
Tenants and landlords always want to avoid getting into any serious disputes - these disputes interfere with the tenant's living arrangement, and the landlord's business. In short, they help nobody. While a good Port Arthur, Texas attorney can definately help his or her client prevail in such a dispute, they may be more essential for their ability to help prevent such disputes from escalating in the first place.