Renters' Rights After a Disaster

If your lease says you can, or if your rented home is entirely unusable for residential purposes due to damage, you can cancel the lease. If you cannot live in any part of your rental unit, you must give your landlord written notice that you are cancelling your lease. You should also ask in writing for a refund of your security deposit and any pre-paid rent from your landlord. You must give your new address in writing to your landlord to receive a refund.

No. You cannot reduce your rent unless your landlord agrees or your lease gives you that right. Talk to your landlord and work out a deal. If you cannot, you have the right to file a lawsuit and seek a court order reducing your rent.

If you do not pay rent, your landlord can give you a notice to move. Your landlord may later file an eviction case against you.

If your rent is subsidized by the government, you are entitled to have your part of the rent reduced. You should contact the agency that helps you with your rent to get a reduction.

No. A landlord can only make you move by giving you a notice, telling you to get out by a certain date, and then filing an eviction lawsuit after that date. You cannot be evicted without a reason. If your lease is expired, your landlord may legally give you a notice to vacate and then seek a court order if you do not move by the deadline in the notice. If your landlord locks you out and refuses to give you a key, contact your local justice of the peace. The justice of the peace may order your landlord to immediately unlock your door by signing a “writ of reentry.”

If you can still live in the home, you do not have to move until the lease is over. If you have a written lease, it may cover this situation. If not, your landlord can only make you move if your home is unsafe to live in. The landlord can temporarily move you while making extensive repairs, but must move you back if your lease is not over.

Carefully read the papers, and be sure to show up [in court] to tell your side of the story. You have the right to represent yourself.

You should also contact the legal aid organization that serves your area. Use TexasLawHelp's Legal Help Directory tool to find one.

In some types of eviction cases, you can take a friend to help. You have the right to appeal, even if you lose in the Justice of the Peace Court.

Wait until 30 days after you moved and gave the landlord your new address in writing. Then you can contact legal aid for help.

Read about Security Deposits.