Advice on Tenant/Landlord Laws in Texas

[Victoria of Houston]

Hi guys,

I am wondering if any of you fine gents (or ladies!) may happen to be either a lawyer or have knowledge of laws regarding tenant/landlord issues in Texas(I am in Houston).

I am having some issues with my landlord and need some advice and also what steps I can take if I need to report them for harassing me. This is my personal place, nothing to do with where I provide.

If anyone would be able and willing to give me some free advice, it would be much appreciated! Please PM me and I will send you all the info of what is going on.

Thanks!!


(And yes, I have checked the Attorney General's website, along with the chapter 92 and title 8 laws, and the tenant law info on the City of Houston website, but have not been able to find an answer to my specific problems.)

[ShysterJon]

Victoria, why don't you post a BRIEF description of your situation and your questions here? That way, you might get answers from multiple lawyers, and other members can learn from the questions and answers, too.

[Victoria of Houston]

Thanks very much! It is kind of long so didn't know if I should go ahead and post the whole thing, but here goes:

I live in a garage apartment behind a house, my landlord lives in the house in front. It is a husband and wife but also their daughters sometimes talk to me bc they speak better English.

A week or so ago, my landlord insisted that there was leaking coming from my apartment and that they wanted to come in and check my plumbing. I checked it out first, and did not find any leaks. I told them this and they insisted they had to come in and check it. I felt a little suspicious of this, but agreed and made sure to keep an eye on them while they checked. There were absolutely no leaks in my apartment and they acted shocked and surprised, saying they were sure there was one. This made me feel a little more suspicious.

Now yesterday, I woke up to a text saying that my toilet is leaking and they needed to replace it immediately. I checked the toilet and it was fine. I told them nothing was wrong with the toilet. I went out to talk to them about this and they became very rude and belligerent with me (the husband and the daughter). Also, then they said that both the toilet and the sink would need to be replaced. I tried to explain to them that they have to give me a minimum 24 hours notice before they enter and that I also need to schedule a time that is convenient for me because this is a big repair job with no notice and very disruptive for me. Then the husband became extremely rude and started screaming at me at the top of his lungs, I told him that he needed to stop yelling at me but he wouldn’t, so I walked away.

I sent an email to them later informing them that they were harassing me and needed to stop and also that I would let them know when was a convenient time for the repairs to be done.


So, I have a couple of questions about this situation. The first, is what action can I take if I feel I am being harassed by them, and the second is if I am at all allowed to refuse these repairs since there actually is no damage at all to the toilet and sink? Also, can anyone confirm the entry rights of landlords in Texas. My lease does not state that they have the right to enter whenever they feel like it. And lastly, do I have the right to demand the repairs or any future ones be done during normal working hours?

[ShysterJon]

Victoria, thanks for explaining your situation, and in a succinct way. I'll answer your questions, one at a time.

1. What action can I take if I feel I am being harassed by them?

I assume the lease contains a provision stating the landlord (LL) must give you 24 hours' notice before entering the apartment. Please tell us if my assumption is untrue.

In my opinion, asking to enter the apartment to look at the plumbing or replace fixtures isn't 'harassment.' It's just the day-to-day kind of things a LL does. However, yelling at you could be harassment. I think you emailed the LL letting him know you don't want to be yelled at. I hope that stops the yelling. If it doesn't, some things you could do are:

1. Post a review of the LL on a consumer review website, like www.Yelp.com
2. Contact your local tenant's union for help - http://www.houstontenants.org/
3. Hire a lawyer to send a cease and desist letter to the LL

2. Am I allowed to refuse these repairs since there actually is no damage at all to the toilet and sink?

No. The LL owns the premises and is allowed to replace the toilet and sink, even if you disagree.

3. Can anyone confirm the entry rights of landlords in Texas. My lease does not state that they have the right to enter whenever they feel like it.

With some exceptions (see the article by the Austin Tenants' Council, cited below), the LL's right to enter your apartment is governed only by the language in your lease. There is no statute applicable to the issue.

4. Do I have the right to demand the repairs or any future ones be done during normal working hours?

Sure, you have the right to demand whatever you want. But again, the LL's right to enter your apartment is, generally, governed only by your lease. There is no statute applicable to the issue.


For more info:

http://www.housing-rights.org/entry.html

See also:

http://texastenant.org/tenant_privacy.html

[Victoria of Houston]

Thank you for clarification. The one site you linked does say that when you are at home, you have the right to who you let in. I also read that on the Texas Attorney General's website, it also said there that the landlord is not allowed to enter at will (unless it is an emergency), as well as things about being allowed to enjoy your home in a peaceful and quite manner.

The other thing I noticed in my research is the thing about them being required to provide a keyless deadbolt, which they have not. I only have two keyed locks on my front door.

I don't consider them wanting to do repairs the harassment part, although, I think technically I could try and swing it that way if they keep insisting things are broken when they are not.

The yelling part is really what I meant by harassment. I find that along the lines of verbal abuse, and aside from that, it is just plain rude and unprofessional.

[ShysterJon]

What does your lease say about notice?

[ShysterJon]

btw, if you want the LL to install a deadbolt, give him a written request. Under the law, the LL must then install the deadbolt, subject to penalties if he doesn't.

[Victoria of Houston]

Also, I read this part,

"Even if the lease allows the landlord to enter the unit, the tenant has the right to deny the landlord access. The reasons may include if the tenant is sick, if the tenant is on his way out...."

I am going to let them in today to do the repairs, and see how it goes from here. If they keep bringing up sudden repairs, etc in the future, I am going to take matters further, or think about moving out even (even though I only 4 months left on my lease!), or both.

[Victoria of Houston]

My lease is super simple (like 2 1/2 pages) and I don't see anything about right to enter. However, reading what I have above, it seems I am still within rights to deny access as long as it is reasonable.

I think in my situation, I am not being unreasonable. They sprung this repair job on me, during a weekend, with no prior notice. I tried to ask them if we could schedule it for today, since I wasn't prepared for it, and they responded by screaming at me, rather than trying to get it scheduled. So, I don't even think that would be considered me "denying" them entry, since I was trying to schedule a convenient time for the repairs.

[ShysterJon]

Victoria, I hope you get your problems with your LL worked out. And I hope you come back to the legal forum to post. I can tell you're more intelligent than 99% of the posters here, female and male.

[Victoria of Houston]

Haha, thank you!

I have one more question, if you don't mind answering, or perhaps someone else can.

The name on my lease of the landlord is only the wife - not the husband. So, does that have any bearing on who is considered the landlord as well as who has the right to enter?

[ShysterJon]

Originally Posted by Victoria of Houston

I have one more question, if you don't mind answering, or perhaps someone else can.

The name on my lease of the landlord is only the wife - not the husband. So, does that have any bearing on who is considered the landlord as well as who has the right to enter?

Probably not. The husband is acting as his wife's agent -- that is, she's empowered him to act in her place.

[Victoria of Houston]

Ok cool, thanks again so much do all the info and feedback.

I'd love to post more on this forum, only I hope I don't have a reason to! I'll take a perusal though and see if I can add my .02 to any queries.

[ck1942]

Possibly an extraneous thought (and best of luck on getting the plumbing and LL issues resolved):

You said the garage apartment is behind the house. Quite likely the city housing code allows for this, but sometimes a zoning or covenant issue may govern its legitimacy.

Any case, imo the city housing code governs what constitutes a legitimate rental property, so there there should be an occupancy permit for both the house and I would think also a separate one for the garage apartment. imo you can probably look this up on the city website. And quite likely you can view both occupancy permits issued to the property.

Best if you have as much info as possible in case you need to register a complaint with the city.

[Victoria of Houston]

Awesome, thank you! Wouldn't have even known about this, so great to know. I will do some research and find out!