Renter's Rights

Renter’s Rights in Texas and Louisiana: What You Need to Know

Renting a home can be a great option for those who aren’t ready to buy or prefer the flexibility of leasing. However, knowing your rights as a renter is crucial to avoid disputes and ensure a fair rental experience. This blog will explore renters’ rights in Texas and Louisiana, focusing on lease agreements, early termination, repairs, and eviction laws specific to each state.

Understanding Lease Agreements

Lease agreements outline the terms and conditions of renting a property. While most agreements are straightforward, tenants should carefully review them to understand their obligations and rights.

Texas

• Security Deposits: Landlords in Texas must return security deposits within 30 days after the tenant moves out, provided there are no damages or unpaid rent.

• Disclosures: Landlords must disclose any known hazards, such as lead-based paint, and provide a copy of the lease agreement to tenants.

Louisiana

• Security Deposits: Louisiana law requires landlords to return security deposits within 30 days after the lease ends.

• Oral Leases: Unlike Texas, Louisiana recognizes oral leases, but written agreements are strongly recommended for clarity and legal protection.

Breaking a Lease or Early Termination

Life circumstances can change unexpectedly, and tenants may need to terminate their lease early. Here’s what the laws in Texas and Louisiana say:

Texas

• Legal Grounds for Early Termination:

• Military Deployment: Tenants called to active duty can terminate their lease under the Servicemembers Civil Relief Act (SCRA).

• Domestic Violence: Tenants who are victims of domestic violence can terminate their lease with proof, such as a protective order.

• Uninhabitable Property: If the property becomes unsafe due to landlord negligence, tenants may have grounds to break the lease.

• Notice Requirement: Tenants must provide written notice and any required documentation to terminate the lease legally.

Louisiana

• Legal Grounds for Early Termination:

• Military Service: Like Texas, Louisiana tenants on active duty can break their lease under the SCRA.

• Constructive Eviction: If the landlord fails to maintain the property, making it uninhabitable, tenants may terminate the lease.

• Domestic Abuse: Victims of domestic violence may terminate their lease with appropriate documentation.

• Notice Requirement: Tenants must provide notice and comply with any lease-specific termination clauses.

In both states, tenants who break their lease without legal grounds may still be responsible for unpaid rent or lease buyout fees.

Landlord’s Responsibility for Repairs

Landlords are responsible for maintaining rental properties in habitable condition. This includes addressing major repairs and safety concerns.

Texas

• Required Repairs: Texas landlords must ensure the property has working plumbing, heating, and electrical systems. They must also address infestations and structural issues.

• Tenant Remedies: If the landlord fails to make necessary repairs, tenants can use the “repair and deduct” remedy, but only under specific conditions.

Louisiana

• Required Repairs: Louisiana landlords must maintain the property so it meets basic health and safety standards.

• Tenant Remedies: Tenants may withhold rent or terminate the lease if the landlord fails to make repairs, but they should consult legal counsel before taking these steps.

Eviction Process

Eviction is a legal process that must follow state-specific procedures to be valid.

Texas

1. Notice to Vacate: Landlords must provide tenants with a written notice to vacate, typically three days unless stated otherwise in the lease.

2. Filing an Eviction Suit: If the tenant does not comply, the landlord can file for eviction in the Justice of the Peace Court.

3. Court Hearing: Both parties present their case, and the court decides.

4. Writ of Possession: If the landlord wins, a writ of possession gives the tenant 24 hours to vacate.

Louisiana

1. Notice to Vacate: Louisiana landlords must give tenants a written five-day notice to vacate.

2. Filing an Eviction Suit: If the tenant refuses to leave, the landlord can file an eviction case in parish court.

3. Judgment of Possession: If the court rules in favor of the landlord, tenants may have 24 to 48 hours to leave.

Important: Self-help evictions, such as changing locks or shutting off utilities, are illegal in both states.

What to Do If Your Rights Are Violated

If you believe your landlord is violating your rights:

1. Document Everything: Keep records of communications, notices, and photos of any issues.

2. Communicate with Your Landlord: Attempt to resolve the issue amicably.

3. Seek Legal Assistance: Contact local tenant advocacy groups or legal aid organizations.

• Texas Resources: Texas Tenant Advisor, Lone Star Legal Aid.

• Louisiana Resources: Southeast Louisiana Legal Services, Louisiana Fair Housing Action Center.

Conclusion

Renters in Texas and Louisiana have important rights that protect them from unfair practices and ensure safe, habitable living conditions. Whether you’re breaking a lease, facing eviction, or dealing with repair issues, understanding your rights can help you navigate these situations confidently.

Always review your lease agreement carefully, and when in doubt, consult a legal professional or tenant advocacy organization for assistance.