HOUSTON – Houstonians who rent often have questions about their rights when it comes to dealing with their landlords. Around 50% of Houston residents are renters, and disputes can arise when landlords make decisions that affect tenants’ living situations.
One Houston resident, Edward Salinas, recently reached out to share his frustration with his apartment complex.
Renter moved to new unit and wonders what rights he has
Salinas explained that his apartment complex suddenly decided to fix the foundation in his building, forcing tenants on the first floor to relocate. Initially, the apartment management told tenants the move would be quick and easy, scheduled for the beginning of October. However, after delays, Salinas was told he needed to vacate his two-bedroom unit immediately.
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Despite paying rent for a two-bedroom apartment, Salinas was told he would be relocated to a one-bedroom unit, with no compensation or refund for the inconvenience.
Salinas stated, “I asked for a refund of some type since I’m being inconvenienced to move and pay out of pocket for a smaller unit. They told me no refund will be given.”
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On top of this, the apartment complex only covered moving costs for two hours, and Salinas had to pay out of pocket for additional expenses like transferring his utilities. He also expressed concerns about the safety of the new location within the complex, describing it as dark and smelling strongly of marijuana.
What does the law say about apartment changes?
According to University of Houston Law Professor Ryan Marquez, the Texas Property Code does not specifically address situations like Salinas’ case. However, the code does cover repairs that affect tenant health and safety, as well as what tenants can do if a significant portion of their apartment becomes unusable after a natural disaster.
Marquez advises tenants to check their lease agreements carefully. If the lease specifies an apartment number, the landlord cannot force the tenant to move to another unit without their agreement. Any move or agreement to return to the original unit should be in writing and signed by both parties.
For tenants without a current lease and renting month-to-month, landlords are only required to give 30 days’ notice to end the lease for any reason.
What can renters do?
Marquez recommends that tenants:
- Check their lease: Ensure that the lease specifies the apartment number and is current.
- Get everything in writing: Any changes or agreements regarding relocation should be documented and signed by both tenant and landlord.
- Understand notice requirements: Without a lease, tenants and landlords can give 30 days’ notice to end the tenancy.
If a landlord breaks the lease by forcing a tenant to move, the tenant has the option to sue in small claims court to recover damages, including rent overpayments.
More info: Fair housing for renters in Houston, Houston Apartment Association and you can also browse through all of the past Ask Amy content for more help.
EXTRA HELP: Template letter to write to landlord.
If you have questions contact Amy Davis at askamy@kprc.com for advice.
