This office lease form describes a tenant's self-help right dealing with its inability to utilize the premises due to a failure of an essential service or the failure of the landlord to comply with the laws, to maintain the building or to provide a service.
Texas Tenant Self-Help Right
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State:
Multi-State
Control #:
US-OL13022
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Word;
PDF
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How to fill out Tenant Self-Help Right?
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FAQ
After receiving notice, in the event your Landlord 1) fails to repair a condition which materially affects your physical health and safety or 2) fails to return your security deposit within 30 days from your departure of the property AND fails to give you an itemized accounting for deductions, then the next step is to ...
Removal of the Tenant The only legal way to remove a tenant from a rental unit in Texas is for a landlord to win an eviction lawsuit (forcible entry and detainer suit) in court. Even after winning the lawsuit, it is illegal for a landlord to take self-help measures to remove the tenant.
Examples of illegal "self-help" evictions include changing the locks, taking the tenant's belongings, removing the front door, or turning off the heat or electricity. Many states specify how much money a tenant can sue for if the landlord has tried to illegally evict the tenant through some sort of self-help measure.
If you don't have a lease agreement, though, you can still evict a tenant as long as you follow Texas eviction laws. If there is no lease, a Texas landlord can evict a tenant without providing a reason. Simply give notice to vacate, and follow eviction proceedings if the tenant fails to leave.
Invalid reasons for evicting a tenant in Texas include the tenant requesting repairs, reporting a complaint, or exercising their legal rights. Also, you cannot discriminate against someone due to race, religion, sex, disability, or others, which violate fair housing laws.
Self-help evictions are not allowed in Texas. This means landlords must follow a legal process to remove tenants.
Your rights as a tenant include the right to "quiet enjoyment," a legal term. This means your landlord cannot evict you without cause or otherwise disturb your right to live in peace and quiet. If other tenants in your building are disturbing you, you should complain to the landlord.
Section 92.056 of the Texas Property Code requires a tenant to take several steps before the landlord is considered to be liable to them. A landlord's liability allows a tenant to to take certain actions like ending the lease or deducting the cost of repairs from the rent.
