To put it simply, examples of landlord harassment include actions that are seen as intimidating, disruptive, or retaliatory to a tenant. Need more clarification? Let’s review what the Texas Property Code has to say about landlord harassment and tenant rights. Read on to learn more!
Key Takeaways
- Landlord harassment involves actions and behavior meant to pressure, intimidate, or retaliate against a tenant.
- Some examples of landlord harassment include changing locks, removing personal property, and rent increases as retaliation or discrimination.
- Documentation plays a key role in addressing landlord harassment. Otherwise, you may be able to end your lease early if you’re surviving sexual assault, stalking, family violence, failure to repair conditions that impact your health and safety, or other harassment so severe it makes your home unlivable or deprives you of the right to quiet enjoyment.
What Is Landlord Harassment in Texas?
In all essence, landlord harassment in Texas refers to actions (directly or indirectly) that harm a tenant’s quality of life in their rental property. This covers acts that make you feel uncomfortable, fearful, pressured, and intimidated. Examples of landlord harassment widely vary – ranging from unwarranted advances to threats of eviction.
In our time in property services management, we understand that some tenants go through difficult times with their landlords. That’s why Texas Property Code covers what landlords can and cannot do. At the same time, it provides guidance on tenant rights and how they can handle different forms of harassment from their landlord.
13 Real Examples of Landlord Harassment in Texas Every Tenant Should Know
Entering your property without proper notice or reasons, removing your belongings, discriminatory behavior, and other acts are common examples of landlord harassment in Texas. Let’s get into it a little more deeply:
- Illegal Entry
Excessively or unnecessarily entering your unit without proper notice or a valid urgent reason may violate your right to privacy and quiet enjoyment. Even if it’s their property, landlords cannot just show up a dozen times a week, for example, unless your lease says otherwise.
- Refusing Repairs
Landlords are mandated by law to provide their tenants with a safe and habitable rental. Purposely refusing to address repairs, particularly those that are a matter of health and safety, is a form of harassment.
- Changing Locks (In Most Cases)
Generally, landlords are not allowed to lock you out of the property by changing the locks while you’re away. This is commonly referred to as an illegal lockout. Landlords have to follow a legal process before they do lock changes.
The big exception to this is when you don’t pay the rent. If the landlord intends to change your locks, they must provide written notice at least 5 days in advance if sent by mail. Or, they must give you notice at least 3 days in advance if they hand-delivered or posted the notice on your front door.
On that notice, they must provide a 24-hour phone number or location where you can get a key immediately, even if you do not pay the delinquent rent. By law, this notice must also include a statement in bold or underlined text that explains your right to receive a new key at any hour.
- Cutting Utilities
Utilities, such as electricity, water, and heating, are all essential to the livability of a rental property. So, when a landlord deliberately shuts off utilities, it’s considered harassment as it makes the living conditions unbearable.
Note one Texas exception, though. A landlord can shut off your electricity if they ‘submeter’ the power or ‘allocate’ it and you fail to pay that specific electric bill. However, they cannot shut it off if you provide medical documentation that doing so would make someone seriously ill, or if there is a pending energy assistance pledge.
- Removing Belongings
It is also illegal for a landlord to remove your belongings from their rental property while you are still legally occupying it. If they want to do so, they need to go through an extensive legal process. Otherwise, it’s a form of harassment designed to force you to move out.
- Unfair Rent Hike
Rent is one of the most powerful tools landlords can use against you with harassment. To be clear, in normal cases, Texas landlords can increase rent prices as they please. However, if they hike up your rent within 6 months of you exercising a legal right (like repairs) and they raise it, that’s a different story. That could be viewed as a form of retaliation or discrimination.
- Demanding Fees and Unexplained Charges
Other than rent, another possible way that a landlord can harass you financially is by pressuring you to pay “hidden” fees on charges that are not indicated on your lease or other agreement. If this happens, that’s legally foul play.
- False Eviction
As a tenant, one of your biggest fears is doubtlessly being evicted by your landlord. However, in some cases, landlords file eviction cases – even if they don’t have a legal basis – just to scare you. They might stretch the truth to or generate a false claim altogether. It’s a tactic that can push you to the limit and disrupt your day-to-day by causing you stress. So, be aware.
- Sexual Harassment or Advances
Any form of sexual advances – cat calling, unwanted physical gestures, messages, and the like – are textbook examples of landlord harassment. Similarly, landlords are prohibited from offering any special treatment (rent forgiveness, prioritized repairs, lease renewals, etc.) in exchange for personal or sexual favors. That’s illegal.
- Discriminatory Behavior
Following Fair Housing Laws and local regulations, landlords are strictly prohibited from discriminating against tenants because of their protected status. So, if a landlord pesters you for having an emotional support animal, gives you unwanted negative remarks regarding your race, and the like, then that is harassment.
- Public Shaming
Landlord harassment can also take the shape of shame. A landlord spreading rumors, falsely accusing you of grave violations publicly, or even posting your information online, all fall under this. They’re examples of landlord harassment designed to embarrass you into compliance.
- Verbal Threats
Even words are enough to be considered harassment. Whether it’s insults, yelling, or more aggressive language, anything your landlord says that makes you feel intimidated, scared, or uncomfortable can be considered harassment.
- Physical Intimidation
Lastly, physical altercation – from blocking your path to getting in your face and gesturing aggressively is a tell-tale sign of landlord harassment. Even without direct contact, if your landlord is posing to intimidate you, instill fear, or force you to react, then you can say that they are actively harassing you.
What to Do If Your Landlord Is Harassing You
Here’s what you need to do in case your landlord is harassing you:
- Document every instance that shows each and every way that your landlord has been intimidating, hostile, or inappropriate towards you.
- Send a written request to your landlord asking that they stop. Specifically mention the actions and behaviors that you want to cease.
- Check your lease and local regulations to review your rights and landlord limitations.
- In case of continuous, excessive, or serious violations from your landlord, report this immediately to the concerned departments and agencies.
- Connect with a qualified lawyer to know what your next steps should be if the harassment continues.
- Do not stop covering your responsibilities – rent payments, property maintenance, etc., to ensure that you’re holding up your end of the lease.
Can You Break Your Lease Due to Harassment?
If your landlord’s harassment involves
- sexual assault (in the past 6 months)
- stalking (in the past 6 months)
- family violence
- harassment so severe it makes your home unlivable or deprives you of the right to quiet enjoyment, which can constitute a “constructive eviction”
- failure to repair conditions that impact your health and safety
you may be able to break your lease legally.
To go about this, you will first need appropriate documentation that these events are happening. Depending on your situation, you may need a protective order, Magistrate’s Order of Emergency Protection, a police report, or other documentation from a relevant authority. In addition, you should always consult with a legal professional before you move forward.
Also, you have to give 30 days of prior notice. You are usually responsible for rent until the end of the notice period. Furthermore, with some reasons for leaving, like failure to repair, you need to send that notice through Certified Mail, Return Receipt Requested.
With a “constructive eviction” lawsuit, you should know that this is a high-stakes legal defense. If you move out and a judge disagrees with you later, it could backfire. You could be held liable for all remaining rent, re-letting fees, and the landlord’s legal costs.
A Disclaimer
We’re only providing general information in this article for educational purposes only. While we aim for accuracy and reliability, the information shared is not meant to be relied on as legal, tax, financial, or specific regulatory advice. We strongly recommend that you always consult with a licensed attorney, CPA, or other qualified professional in your specific jurisdiction for advice tailored to your unique circumstances, as reading this blog does not establish a client or advisory relationship with BMG.
Get a Property Manager That Protects Your Rights with BMG
In landlord-tenant relationships, it’s important to maintain a professional connection through ups and downs. However, this is a bit complex, making it easier said than done, especially when you’re already in the midst of it. From different examples of landlord harassment, you will have a better understanding of how it happens and what you should do.
Dealing with a bit of tension with your landlord? Professional property managers, like us at BMG, can help you navigate disputes, misunderstandings, etc. In such cases, we’ll strive to de-escalate and help mediate between parties to work things out as calmly and professionally as possible. Need help dealing with an unpleasant landlord? Contact us today to learn more about our services!