Landlord-Tenant Lawyers in Austin, Texas
Landlord-tenant law governs the rights and responsibilities of property owners and renters. Whether you're a tenant facing eviction, dealing with a security deposit dispute, living in substandard conditions, or a landlord dealing with a problem tenant, an attorney can help you understand your rights under your state's law and take appropriate legal action.
Landlord-Tenant Law in Texas
Texas has its own distinct legal landscape that affects personal injury cases. The state follows a modified comparative fault rule — you can recover damages as long as you are not more than 50% responsible for the incident. Texas also has specific caps on certain types of damages in medical malpractice cases, and a two-year statute of limitations for most personal injury claims.
Key Texas Statutes
- Two-year statute of limitations for personal injury (Texas Civil Practice and Remedies Code, Chapter 16)
- Modified comparative fault — recovery barred if you are 51% or more at fault (Chapter 33)
- Medical malpractice non-economic damage caps of $250,000 per provider, $500,000 for hospitals (Chapter 74)
- Texas is a "fault" state for car accidents — you can file against the at-fault driver
- Employers may opt out of workers' compensation — Texas is the only state that allows this
Common Landlord-Tenant Situations in Austin
- Eviction defense or eviction proceedings
- Security deposit disputes
- Lease violations and disputes
- Habitability and repair issues
- Housing discrimination
- Commercial lease disputes
Frequently Asked Questions
How long does the eviction process take?
Timelines are set by state law and vary widely. In Texas, for example, eviction moves quickly: after a 3-day notice to vacate the landlord can file suit, and a hearing is typically set within 10-21 days. If the tenant appeals, it can take an additional month or more. The entire process can take 3-8 weeks depending on the circumstances.
What are a tenant's rights?
Tenant protections are set by state law and differ in their detail. Texas tenants, for example, have the right to a habitable dwelling, proper notice before eviction, return of their security deposit (minus legitimate deductions) within 30 days, and protection from retaliation for reporting code violations. Tenants also have the right to repair-and-deduct in certain situations.
This page is for informational purposes only and does not constitute legal advice. No two situations are the same — consult a qualified attorney for guidance on yours.
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