TENANT’S RIGHTS, AN OVERVIEW
In Houston, approximately half the population rents their homes. That is well over one million people. Since 2008 there has been a tremendous growth of national corporations and private equity firms hoovering up many of these units. The vast majority of renters have signed a lease that sets forth the terms and conditions of occupancy. What are your rights?
Recognize that the landlord has the upper hand. Yes, the tenant has some ‘rights that are spelled out in the Texas Property Code, and nationally in the Fair Housing Act, but these are limited and full of holes.
The Federal Fair Housing Act basically prohibits discrimination by landlords in renting property on the grounds of race, color, national origin, religion, sex, familial status, or disability. Note: perfectly legal for a landlord to discriminate, just not on the enumerated grounds. For example, a landlord can discriminate on the grounds of criminal history, employment background, and credit score.
In Texas, the rights of tenants are spelled out in the Texas Property Code, Chapter 92. other than the rights granted to the tenant under this Chapter, for the most part, the landlord can do whatever he or she wants, and if there is no violation of the lease, the tenant has no recourse.
In subsequent blogs, I will be discussing the role that a Lease plays, and the specific rights and prohibitions set forth in the Texas Property Code, Chapter 92.
If you feel that you have been treated unfairly by a landlord, contact the Law Office of Elliott Klein for an evaluation of your case.