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Disability and Discharge Rights

Important questions & Answers

Can a landlord evict me just because I have a disability?

  • No, not for disability alone. Sometimes, though, a disability can have characteristics, or can cause conduct,that may result in complaints or violate the lease. Those are the cases that this handout is talking about.

In general, can a landlord evict me for having an unapproved pet?

  • Maybe. Such conduct may violate the lease, and may result in an eviction. But see Question 3 below.

What if I have an animal that is not just a pet, but is needed because of my disability. Can the landlord evict me under its “no pets” policy?

  • Generally not. For example, if a person has a service animal (trained to perform some task) or an emotional support animal (that gives comfort to a person with a psychiatric disability), it is not really a pet. In those cases
  • neither the person nor the animal can be excluded just because of a “no pets” policy.

In general, can a landlord evict someone for misconduct, property damage, or disturbing others?

  • Sometimes. Such conduct may violate the lease, or even be illegal, and may result in eviction.

What if there is misconduct or disturbance, but it is caused by my disability, or is related to my disability. Is there anything I can do to stop an eviction in that case?

  • Maybe so. In some cases, the landlord may violate the law if it refuses to stop an eviction in response to a tenant’s request for a “reasonable accommodation.” So asking for a reasonable accommodation may give you some protection against eviction. 

Click the link below for a pamphlet from Disability Rights Texas