Housing, Foreclosure, Eviction, Homelessness

Know Your Rights

Tenants’ Rights

Tenants (or people who occupy rented property) have certain rights and protections under Texas law. These include the right to:

• Fair housing without discrimination based on race, color, religion, sex, national origin, or disability
• A safe and clean rental property that meets basic health and safety standards
• Privacy in their property with a notice in a reasonable amount of time before the landlord enters your property
• Repairs and maintenance by the landlord within a reasonable time period
• Protection against retaliation (such as eviction or rent increase) as a response to reporting code violations or requesting repairs
• Keep the terms you agreed to in your lease agreement and that no changes are made to the terms before the lease expires without your knowledge and agreement
• Have your security deposit returned to you unless the landlord keeps a portion for damages or other permitted charges that are not normal wear and tear; if a portion of your deposit is kept by the landlord, you must be given an accounting of each charge
• Receive a receipt from your landlord when you pay your rent in cash

Evictions

Before filing an eviction lawsuit, the landlord must provide the tenant a written notice to move out within a specific time period, called a Notice to Vacate. The notice must have a specific reason listed for the eviction, such as not paying rent or violating terms of the lease. The notice must be delivered properly: 1) hand delivery to a resident 16 years or older, 2) via USPS mail delivery, 3) placed on the inside of the door, or 4) placed on the outside of the door in a sealed envelope marked “IMPORTANT DOCUMENT.”

If the tenant does not leave the property within the timeframe, the landlord can file an eviction lawsuit which typically results in a court hearing and can lead to the forced removal of the tenant.

Foreclosure

If a borrower does not pay their mortgage (loan to pay for a home), the lender (typically a bank) is required to send a written notice of default (non-payment) on the loan with a specific period of time to pay the missing amount. If the borrower does not pay by the deadline, the lender can proceed with a foreclosure sale, where they take ownership of the property and sell it at a public auction.

In some cases, the borrower may have a right of redemption, allowing them to reclaim the property after foreclosure by paying off their debt and interest.

Homelessness

Being unhoused is not a crime. However, certain areas of Texas may have rules regarding trespassing, asking for money in public areas, or the placement of temporary shelters.

Unhoused individuals have a right to public accommodations or supportive services, such as emergency shelters, transitional housing, rental assistance programs, and health care services. Texas law prohibits discrimination in public shelters, so an individual cannot be turned away or mistreated on the basis of race, religion, disability, or national origin.

Your Legal Options

Depending on your situation, our lawyers can help you understand your rights and options, prepare and file legal documents, represent you in wrongful eviction or housing discrimination cases, and direct you to resources to prevent being unhoused.

We can assist with:

• Evictions
• Landlord/tenant issues dealing with security deposits, utility cutoffs, wrongful lockouts, retaliation, repair and remedy, and discrimination
• Terminations or issues with public housing, vouchers, and other federally subsidized programs
• Preventing foreclosure, including those related to tax issues
• Preventing homelessness through access to shelters or homeless programs