Preparing a strong case starts with knowing the facts that would support an individual’s legal position in a landlord-tenant dispute. In addition, a person wants to understand the law that applies. So, for example, if an individual is a tenant who is contesting an eviction, they want to know the Texas law that applies to residential evictions and what its impact is likely to be in their case.
Possibly the best way to learn about landlord-tenant law in Texas and how it could apply in one’s case would be to have a legal consultation in Texas with a Texas lawyer.
Numerous different kinds of disputes can arise between landlords and tenants. Landlords may seek to evict tenants and tenants might contend that the eviction violates their lease or is otherwise unlawful. A tenant might allege that a landlord has engaged in impermissible discrimination in denying them a rental unit.
Whatever the nature of the dispute, a person who is a party to it wants to identify the legal issues and then the facts that support their position. They then need to gather up all the evidence they can identify that proves the facts they need to prove.
What Documentation Should I Gather Before I Meet With My Landlord-Tenant Lawyer?
Whether an individual is a landlord or a tenant, they want to gather all of the documentation that is relevant to the facts that have given rise to their dispute. Of course, if there is a written lease agreement, a person would want to have a copy of it.
If there is no written lease, then a person would need to explain on what basis they occupy rental premises, e.g., the landlord and tenant orally agreed that the tenant could occupy the premises and what any terms or conditions of the oral agreement were. For example, for how long was the lease to be in effect? How often was the tenant supposed to pay rent and in what amount?
Any documentation that would prove the existence of an oral lease and any of its terms, e.g., emails, letters, and text messages would be of great help to proving that there is a lease and what its terms are.
Texas law allows leases that can be oral or written. Even implied leases are allowed in Texas. For example, a tenant might pay an owner the same sum of money every month in order to live in a residential dwelling.
They would be considered a tenant under Texas law even if they had never discussed the terms of their occupancy at any length with the owner of the unit. The conduct of the tenant in paying monthly and of the landlord in accepting the payment and allowing the tenant to live in the rental unit establishes an implied lease.
However, it would be helpful nonetheless to have written documentation of the existence of this implied agreement, e.g., bank records showing the rent payments, in order to prove it.
Other evidence would be the testimony of witnesses to any events that have been involved in the dispute. Photos and videos could be helpful evidence. For example, if the dispute involves the condition of a rental unit and whether there are defects or problems that require repair, a tenant would want visual documentation of the existence of the defect or problem.
The Texas law allows a tenant to deduct the cost of repairing a problem in a rental unit in only a few limited circumstances. Examples are when a tenant installs a security device of some type or pays to reconnect a utility service that was shut off.
There is also a more general “repair and deduct” remedy. Under this law, a tenant is allowed to make repairs and deduct the cost of the repairs from a subsequent rent payment. However, a tenant must be careful because the “repair and deduct” law imposes strict requirements and can only be used for certain defined and major problems.
For example, among the few types of problems that a tenant may address with “repair and deduct” are such situations as the following:
- Plumbing malfunctions so that backup or overflow of raw sewage occurs,
- Broken pipes cause flooding,
- Heating or cooling equipment fails to operate,
- The rental unit does not have water that is safe to drink.
If a tenant does not follow the right steps, they may find that they are liable to pay the landlord late fees, a civil penalty of $500, and possibly be subject to eviction.
There are specific steps that a tenant must take when asking the landlord to make the repairs, as they must do first. If the landlord does not make the repairs, the tenant may then be able to make the repair and withhold the cost from their rent payment. However, certain things must be true before the landlord even has a legal obligation to make the repairs as follows:
- The tenant must have paid all the rent they owe.
- The tenant must have notified the landlord about the problem via delivery of the notice to the person or place where they normally pay their rent.
- The tenant must not have caused the problem.
A lease agreement may give a landlord more responsibilities to repair than Texas law requires. For example, a lease might require the landlord to keep all appliances in working order. This is why it is important to have a copy of a written lease and to read it. Ideally, it would be good to have a lawyer review it. A lease may also direct the tenant to take certain steps that are different from those required by Texas law in requesting the repair.
If the landlord does not make repairs, the tenant may file a lawsuit or terminate the lease.
The law of “repair and deduct” is an example that shows that if a person wants to have a strong landlord-tenant dispute case, it is important to know the law, to do what it requires in any given situation and then to document everything a person does when working to comply with the law.
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What Makes a Landlord-Tenant Dispute Case Strong? What Makes It Weak?
It is essential to understand that local, Texas, and federal laws all apply to the landlord-tenant relationship. If there is an issue that gives rise to a dispute, an individual must then make sure that the facts of their particular situation, if proven, would guarantee them the win in the dispute. They also need to gather up all the evidence they have to prove the facts they must prove and assess whether the evidence is solid enough to meet the burden of proof.
A weak case would be one in which the law, as applied to the facts, does not result in a winning position for one’s side. For example, in a “repair and deduct” situation, the tenant may not have followed every step required by Texas law before doing the repair and deducting the cost from their rent. This would put the tenant in a weaker position.
Or a landlord may have failed to make a repair that they were required to make by Texas law before they attempted to evict the tenant for repairing and deducting the cost. This could be a legal problem for the landlord.
One may not have the documents for landlord-tenant dispute cases that would ensure their success. This is why it is always a good idea to consult a Texas landlord-tenant lawyer to learn where a person stands with respect to the strength of their position.
What Are Some Dos and Don’ts for Landlord-Tenant Dispute Cases?
It is always advisable to work to avoid disputes in the first place. Both landlords and tenants want to communicate in a rational and amicable manner with each other in order to try to find solutions to problems rather than escalating disputes.
Again, it is always a good practice to talk to a Texas landlord-tenant lawyer for an objective assessment of where a person stands given the applicable local, Texas and federal law and the facts of their particular situation.
If a dispute cannot be avoided and the parties are headed to court, a third critical element would be the strength of the evidence and whether it supports proof of the facts that an individual needs to prove to win their case.
Of course, it is also important to recognize that lawsuits are expensive as they involve court and other costs, attorney’s fees, and time and stress. In addition, courts always work to enable the settlement of disputes without trial. So a person needs to try to be flexible and understand that it is in their interest and the interest of the other parties involved to resolve a dispute.
When Do I Need a Lawyer for a Landlord-Tenant Dispute?
If you are involved in a landlord-tenant dispute, you want to consult a Texas landlord-tenant lawyer. LegalMatch can connect you to a lawyer who can review the lease involved, and apply all applicable laws to the facts of your situation. Your lawyer can identify the evidence you need to collect to prove your case in court, but also work to negotiate a resolution that could spare you a trial.
Texas landlord-tenant law is complicated and state and federal laws may apply as well. You will be better off if you have consulted a lawyer and have their informed and objective analysis to guide you forward.
