Tenant FAQ: When Can I Sue My Landlord in Texas?

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In Texas, tenants can bring several kinds of lawsuits against landlords, including statutory claims for failure to repair dangerous conditions, retaliation, wrongful lockout or utility shutoff, and security-deposit violations, as well as certain common-law claims such as wrongful eviction and, in some situations, premises-liability claims. Tenants may also sue for housing discrimination, including disability-based discrimination and retaliation or harassment prohibited by the Texas Fair Housing Act.

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1. Can I sue my landlord for not making repairs?

Yes, sometimes.
If something in your rental is dangerous or seriously affects health or safety, and your landlord does not fix it after proper notice, you may have a claim.

Example:
Your apartment has a major sewage leak, no heat in winter, or exposed wiring. You tell the landlord, but they still do not fix it within a reasonable time.

What you may be able to ask for:

  • repairs
  • a rent reduction
  • money damages
  • ending the lease
  • attorney’s fees in some cases

2. Can I sue if my landlord punishes me for complaining?

Yes.
A landlord usually cannot retaliate because you complained about unsafe conditions, reported code violations, or exercised tenant rights.

Example:
You report mold or broken plumbing to the city, and soon after the landlord tries to evict you, cuts services, or raises rent to punish you.

What you may be able to ask for:

  • money damages
  • penalties
  • court costs and attorney’s fees
  • an order stopping the retaliation

3. Can I sue if my landlord keeps my security deposit?

Yes, if it was wrongfully withheld.
A landlord cannot keep your deposit without a valid reason.

Example:
You move out, leave the place in good condition except for normal wear and tear, and your landlord keeps the whole deposit without a proper explanation.

What you may be able to ask for:

  • return of the deposit
  • extra money penalties in some cases
  • attorney’s fees

4. Can I sue if my landlord locks me out?

Yes, if the lockout was illegal.
Landlords generally cannot force tenants out without following the law.

Example:
You come home and find the locks changed, and the landlord refuses to let you back in.

What you may be able to ask for:

  • access back to the home
  • money damages
  • penalties
  • attorney’s fees
  • possibly the right to end the lease

5. Can I sue if my landlord shuts off utilities?

Yes, in many situations.
A landlord usually cannot turn off water, electricity, or other utilities just to pressure you.

Example:
Your landlord shuts off your electricity because of a dispute about rent or complaints you made.

What you may be able to ask for:

  • restoration of service
  • money damages
  • penalties
  • attorney’s fees
  • possibly the right to end the lease

6. Can I sue for wrongful eviction?

Sometimes, yes.
If a landlord removes you or forces you out without following proper legal steps, you may have a claim.

Example:
The landlord throws out your belongings, removes your door, or pressures you to leave without a court order.

What you may be able to ask for:

  • compensation for your losses
  • moving costs
  • sometimes additional damages depending on the facts

7. Can I sue my landlord for discrimination?

Yes.
Landlords cannot illegally discriminate against tenants.

Example:
A landlord refuses to rent to you because of a disability, refuses a reasonable accommodation, or treats you differently because of a protected characteristic.

What you may be able to ask for:

  • money damages
  • changes in the landlord’s policies
  • orders requiring the landlord to stop the discrimination

8. Can I sue if I get hurt because of dangerous property conditions?

Sometimes.
If you are injured by a dangerous condition the landlord was responsible for, you may have a claim.

Example:
You fall on broken stairs in a common area the landlord controls, or you are injured by a hazard the landlord knew about and failed to address.

What you may be able to ask for:

  • medical costs
  • lost wages
  • pain and suffering, depending on the case

9. Can I sue over lease terms that are unfair or illegal?

Sometimes.
A landlord cannot rely on certain lease terms that try to take away rights Texas law gives tenants.

Example:
A lease says the landlord never has to fix dangerous conditions, even if the law says otherwise.

What you may be able to ask for:

  • money damages
  • penalties in some situations
  • a ruling that the lease term cannot be enforced

Important things to know

Whether you have a case often depends on facts like:

  • Did you give notice?
  • Was the problem serious?
  • Were you current on rent?
  • Do you have photos, messages, receipts, or witnesses?
  • Did the landlord act on purpose or in bad faith?

Helpful evidence to keep

If you think you may need to sue, keep:

  • your lease
  • repair requests
  • text messages and emails
  • photos and videos
  • rent receipts
  • move-in and move-out pictures
  • notices from the landlord
  • medical records if you were injured

Every situation is different. While this article attempts to provide insight into basic legal concepts, it should not be relied upon as legal advice. If you are considering bringing legal action against your landlord, you should consult a qualified attorney in your jurisdiction.

Do you have legal questions?

Amy can help! Schedule your free initial consultation with The Gustafson Firm now!

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