Some tenants fear that their landlord will punish them if they complain about problems with their apartment. This kind of punishment is called "retaliation." Section 92.331 of the Texas Property Code describesunlawfullandlord retaliation, noting:
A landlord may not retaliate against a tenant by taking an action described by Subsection (b) because the tenant:
(1) in good faith exercises or attempts to exercise against a landlord a right or remedy granted to the tenant by lease, municipal ordinance, or federal or state statute;
(2) gives a landlord a notice to repair or exercise a remedy under this chapter;
(3) complains to a governmental entity responsible for enforcing building or housing codes, a public utility, or a civic or nonprofit agency, and the tenant:
(A) claims a building or housing code violation or utility problem; and
(B) believes in good faith that the complaint is valid and that the violation or problem occurred; or
(4) establishes, attempts to establish, or participates in a tenant organization.
Under this law, a landlord may not retaliate by:
- Filing eviction proceedings (unless in certain circ*mstances listed in Section 92.332, like when a tenant is behind in rent, has intentionally damaged the property, or remains in the property after their lease has ended);
- Depriving the tenant of use of the premises;
- Decreasing services to the tenant;
- Raising the rent or ending the lease; or
- "[E]ngaging, in bad faith, in a course of conduct that materially interferes with the tenant's rights under the tenant's lease."
Section 92.333 goes on to describe what remedies a tenant may pursue, including, "a civil penalty of one month's rent plus $500, actual damages, court costs, and reasonable attorney's fees in an action for recovery of property damages, moving costs, actual expenses, civil penalties, or declaratory or injunctive relief, less any delinquent rents or other sums for which the tenant is liable to the landlord."
FAQs
Michigan and U.S. fair housing laws say that landlords cannot discriminate against tenants or applicants because of their race, color, religion, sex, familial status (kids under 18), national origin, disability, age, or marital status.
What can't a landlord do in California? ›
Federal and California laws prohibit housing discrimination based on race, color, national origin, sex, religion, familial status, disability, and other attributes. Landlords cannot treat you differently from the initial showing stage to lease signing, moving in, occupancy, and move out processes.
How much notice does a landlord have to give a tenant to move out in Michigan? ›
If a tenant violates any terms of the lease agreement, the landlord must issue a 30-Day Notice to Quit.
How much can a landlord raise rent in Michigan? ›
Michigan Legislature's Public Act 226 of 1988 bans rent control, meaning there's no cap on rent increases. While there are no rent control laws in the state aside from the ban, landlords must provide at least 30 days' notice in the event of a rent hike if the tenant has been in the unit for less than a year.
Which of the following actions by a landlord would be illegal? ›
Illegal Actions for Landlords
Making unlawful entries into the rental unit without consent, proper notice, or emergencies. Engaging in housing discrimination against protected classes of tenants. Failing to make necessary repairs to maintain habitable living conditions.
What is the Michigan truth in the Renting Act? ›
AN ACT to regulate rental agreements for residential premises; to prohibit the inclusion by lessors of certain clauses or provisions in residential rental agreements; to require the disclosure by lessors of certain information; to require the inclusion of certain provisions in residential rental agreements; to regulate ...
What is the Justice for Renters Act 2024? ›
In November 2024, California will vote on the Justice For Renters Act, a ballot measure that removes state-level restrictions on local governments' power to enact rent control.
What is the AB 1482 tenant Protection Act? ›
Starting January 1, 2020 AB 1482, the “California Tenant Protection Act,” took effect. This new legislation provides statewide tenant protections including limits on rent increases, protections from evictions without cause, and relocation fees for no-fault evictions. AB 1482 does not effect units subject to the RSO.
What is the new rent law in California 2024? ›
At a glance: What a landlord cannot do in California in 2024
Landlords can't raise rent more than 10% total or 5% + CPI increase (whichever is lower) over a 12-month period. No-fault evictions are prohibited, so landlords can't evict a tenant without cause.
How long can you go without paying rent in Michigan? ›
Once you get a demand for possession, you have seven days to pay the rent or move out. If you don't do either one, your landlord can start an eviction case against you. A landlord starts an eviction case by filing a summons and complaint with your local district court.
In Michigan, the eviction process goes faster than other types of lawsuits. If your landlord gets an eviction order, only the sheriff or another court officer can physically remove you and your belongings from the home. It's illegal for a landlord to evict you without going to court and getting an eviction order first.
Do squatters have rights in Michigan? ›
In Michigan, squatters don't have automatic rights to occupy a property, but they can potentially gain legal ownership through adverse possession. This legal principle means that if someone lives on and takes care of a property for a long enough period, they might eventually be able to claim it as their own.
What is the most a landlord can raise rent? ›
Landlords cannot raise rent more than 10% total or 5% plus the percentage change in the cost of living – whichever is lower – over a 12-month period. If the tenants of a unit move out and new tenants move in, the landlord may establish the initial rent to charge. (Civ. Code § 1947.12.)
Does the US have rent control? ›
At a state level, Oregon and California are the only two states with rent control guidelines in place. Rent control policies also exist within the District of Columbia, New York, New Jersey, Maine, Maryland and Minnesota, but don't apply statewide.
Are landlords responsible for bed bugs in Michigan? ›
Landlords have the duty to address known issues—such as bed bug infestations. However, landlords do not have the duty to inspect the premises in search of these infestations; the tenant must inform the landlord after becoming aware of the problem (MCL 554.139).
Can landlords do random inspections in Michigan? ›
Yes, a landlord can conduct drive-by inspections as often as they like as long as they are not harassing or disturbing the residents. Can a landlord conduct random property inspections? No, a landlord cannot conduct random property inspections without giving proper notice.
What is considered landlord harassment in Michigan? ›
Verbal threats, threats of physical violence, or actual physical contact are all instances of landlord harassment.In case, you have been living in substandard conditions and are suffering emotionally from it, you may be able to sue the landlord.
Is landlord retaliation illegal in Michigan? ›
Michigan. Retaliation is prohibited when: Tenant complains to landlord or government agency, tenant is involved in tenants' organization, or tenant exercises a legal right. Retaliation is presumed if landlord performs a negative action within 90 days of tenant's act.
Can a landlord lock you out in Michigan? ›
Landlords must follow certain legal steps before evicting a tenant. This means you cannot be forced from or locked out of your rented home. Read this article to learn about your rights if you are illegally evicted in Michigan.
