Tenant Law in Texas
In Texarkana, 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 Texarkana, TX
The most important and most noticeable 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.
Landlords also have a right to be free from damage to the rented unit. Tenants are expected not to damage their dwellings, intentionally or negligently. Landlords can deduct the cost of repairs from the tenant's security deposit. In general, tenants are not accountable for damage resulting from ordinary wear and tear.
Tenant's Rights in Texarkana, 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 Texarkana, 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.
Additionally, tenants are entitled to common areas that are reasonable safe and sanitary. The common areas of an apartment building would contain lobbies, laundry rooms, stairwells, hallways, and fire escapes (essentially, any part of the building which all of the tenants can access). In Texarkana, Texas, these areas must be kept reasonably clean and safe.
A tenant also has a right, under federal law and the laws of Texas to be free from discrimination in housing based on race, color, national origin, religion, or gender. Landlords can further not discriminate against persons with disabilities, and must make reasonable accommodations for those disabilities.
Lastly, the laws of most states safeguard tenants from unfair eviction. In general, as long as a tenant is paying rent on time, and is not damaging the unit, they cannot be evicted before the term of the lease expires, unless there is a very good reason to do so (such as excessive noise caused by the tenant, or illegal activities in the apartment).
Can a Texarkana, Texas Landlord/Tenant Lawyer Help?
Landlords and tenants almost always prefer to prevent conflict. In a perfect world, tenants would pay rent on time, and landlords would always provide the services that they're being paid for. As we know, the world isn't perfect. When situations demonstrate the world's imperfection, a Texarkana, Texas real estate attorney can help, whether you're a landlord or a tenant.