Landlord/Tenant Law
• Business & Personal Law
• Gary Nelson
• April 2001
Types of Tenancies
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Tenancy for Years
Periodic Tenancy
Tenancy at Will
Tenancy at Sufferance
Tenancy for Years
• any fixed period of time
– even less than one year
• 100 year tenancy transfers title completely
Periodic Tenancy
• automatically renews for a predetermined
period
• if the tenant “holds over” after one period
ends, the lease is renewed for another
period
Tenancy at Will
• no period or time limit is specified
– the lease is “open-ended”
Tenancy at Sufferance
• tenant wrongfully remains in possession
after the tenancy has expired
• usually created when a tenant for years
“holds over” after the lease term has
ended
The Lease
• grants tenant (lessee) the exclusive
possession and control of the real property
of the landlord (lessor)
• Covenants - rights and duties of the
landlord and tenant
General Covenants
• tenant has the right to possession of the
premises without interference (“covenant
of quite enjoyment”)
• landlord has right to rent and return of the
premises in good condition
Repairs & Maintenance
• tenant must make repairs to the premises
he has rented
– liable for anything beyond “reasonable wear
and tear” (called “waste”)
• landlord must provide habitable premises
• landlord must make repairs in “common
areas”
– entryway, halls, stairs, etc.
Assignment
• tenant transfers the remaining period of
time of a lease to someone else
• Texas rule is that, unless the lease
contract provides otherwise, the tenant
may not assign the lease without the
landlord’s permission. [This is opposite
what the book says.]
Sublease
• tenant transfers part of the term of his or
her lease, but not all the remainder of the
lease, to someone else
• Once again, in Texas the tenant must have
permission to sublet.
Tort Liability
• Tenant - responsible for injuries in the
apartment
• Landlord - responsible for injuries in the
commons areas
Fixtures
• Items of personal property that are
attached to the realty in such a way that
they may not be removed without damage
to the premises become a part of the real
property and the property of the landlord.
Texas Property Code
• the following are provisions of Texas law
Public Indecency
• gives landlord right to terminate the lease
Tenant’s Lien
• The tenant has a lien on any of the
landlord’s property in his possession,
including rents for damages incurred by
the tenant as a result of the Landlord’s
failure to comply with lease provisions.
Landlord’s Duty to Repair
• “Diligent effort” must be made to repair if
– the tenant specifies the condition in notice to
person to whom rent is paid, and
– the tenant is not delinquent in rent, and
– “the condition materially affects the physical
health or safety of an ordinary tenant.”
• No duty where the condition is caused by
the tenant, his family, or invitees, unless it
is caused by normal wear and tear.
Failure of Landlord to Repair
• After a reasonable time has been given,
and tenant has given written notice of
intent to pursue legal remedies to correct
the failure to repair, the tenant may:
– terminate the lease if the repair is not done
within 7 days after the notice, or
– have the condition repaired herself and
deduct the cost (up to one month’s rent) from
rent, or
– obtain a court order to have the landlord do
the repair.
Agreement that Tenant will
repair
• The lease can only give the tenant the
duty to repair habitability problems if the
landlord owns only one rental dwelling.
Eviction
• Only by judicial process - no “self help”
• Landlord may change the locks if
– tenant is delinquent in rent
– landlord has given 5 days notice
– landlord provides notice that locks have been
changed and
• notice includes location where new keys can be
picked up 24 hours a day
Refund of Security Deposit
• “on or before the 30th day after the date
the tenant surrenders the premises”
• Tenant must give advance notice or
surrender of premises only if the notice is
underlined or in conspicuous bold print in
the lease.
Landlord’s Retention of Security
Deposit
• The landlord may retain all or part of a
security deposit if
– tenant is legally liable for “damages and
charges” under the lease, and
• not including reasonable wear and tear
– the landlord provides a “written description
and itemized list of all deductions.”