• Rental agreements can help ensure equality for landlord and tenant.form -3 image by Rog999 from Fotolia.com
  
  Knowing your rights and responsibilities as both a tenant and a landlord in a rental situation can protect both parties should one or the other fail to uphold their portion of the contract. Should a problem arise, the conflict can be solved by reviewing verbal and written contracts, as well as the rental laws of that particular state. Texas is just one of the many states with specific laws pertaining to the rights and duties bestowed upon an individual who enters into a landlord/tenant agreement.
  
  

Rights of the Tenant

• In Texas, a tenant's rights are a direct result of the responsibilities of the landlord. These rights are most often found in the lease agreement, which can be oral or written, though most landlords prefer written copies as proof for court cases, should the need arise. It is your right as a tenant to attempt to negotiate with the landlord if you do not agree with a particular contract item, but it is also the landlord's right to refuse your request.
  
  Another right you are entitled to is peace and quiet. This right not only protects you from noisy neighbors, but also from unreasonable and unlawful eviction (one without a specific purpose) and the right to enjoy necessary services without interruption (such as water, electric, etc.). This right is specifically known as the right to "quiet enjoyment."
  
  Your third right as a tenant in the state of Texas is your right to live in a healthy and safe environment. If a condition arises that affects your health or the health of any individual living legally at your property, you have the right to demand the landlord correct the situation in a timely manner, provided neither you nor a guest of yours caused the damage in question.
  
  Another right of a Texan tenant is the right to security in her rented dwelling. Unless there are certain special circumstances, every tenant has a right to the following five items of security: locks on the windows; door viewers or peepholes; exterior door deadbolts with key access; pin locks for sliding doors; and latches or security bars for sliding doors.
  
  

Responsibilities of the Tenant

• The tenant, however, is also responsible to the landlord to uphold his part of the agreement. All rules must be followed by the tenant to avoid conflict and breaches of contract. The tenant's responsibilities relate directly to the landlord's willingness to rent the property to the tenant.
  
  The first and most important responsibility for the tenant is to pay rent and, if required, a security deposit. The tenant shall submit the previously discussed fee amount to the landlord on the agreed upon date in the preferred form (cash, check, card, etc.). Failure to pay the landlord on time may result in fees and/or eventual eviction from the property.
  
  Another responsibility of the tenant is to maintain the rental property as if the tenant owned the property herself--within reason. Unless specifically stated in the contract, the tenant is not responsible for most repairs. However, the tenant's responsibility is to ensure that the rental property is maintained in proper condition, to prevent future problems from developing. An example of this may be that the tenant must keep a clean living space and remove all garbage, to avoid future problems of pests or leftover odors from lingering.
  
  Prevent damage from happening to your living quarters. Regardless of whether you or a guest caused the damage, you are still liable if any damage occurs to the property.
  
  Respect other tenants' rights. You are also responsible to maintain a quiet noise level to ensure everyone enjoys "quiet enjoyment."
  
  Keep appliances, as well as electrical and plumbing fixtures, in working order. If, through normal wear and tear, the appliance breaks, the landlord will repair or replace the item. If you have caused the item to break, you may be liable, or responsible, for damages.
  
  Unless you add an individual to a lease, you are prohibited from allowing anyone to stay at the property for any length of time.
  
  You must allow your landlord to enter the premises, provided he has given you proper notice, usually 24 to 48 hours ahead of time. This may be shorter if there is an emergency that needs to be taken care of immediately.
  
  

Rights of the Landlord

• The rights of the landlord concern the maintenance of the landlord's property and his ability to properly maintain and reuse the property for new tenants or selling the property if he chooses.
  
  The landlord is able to charge the tenant a reasonable amount for any damages that may occur to the leased property, provided the landlord produces a document explaining to the tenant what repairs are needed and the cost of the repair.
  
  The landlord shall be allowed to enter the premises after proper notice to inspect for maintenance issues and/or repair any damages that may have occurred during occupancy.
  
  The landlord has a right to set forth in the agreement what actions are permissible and what is unacceptable in regards to the tenant's actions while taking up residence at her rental property. This can include rules against smoking, pets, parties, etc.--almost anything the landlord deems inappropriate, within reason, that may affect the rental property and its value.
  
  

Responsibility of the Landlord

• The landlord's responsibilities ensure the tenant receives proper rights and services ensured to the tenant in exchange for the money paid by the tenant to rent the space.
  
  The landlord must maintain a sanitary living space before and after the tenant's residency in a rental space, as well as repairs for any sanitary problems that may arise during tenancy.
  
  Unless otherwise specified, outside upkeep as well as general maintenance is the responsibility of the landlord, provided the tenant is not at fault for the destruction of the property or landscape.
  
  The overall responsibility of the landlord is that he must maintain a decent living space for the tenant, but still be able to protect his property from the harmful actions of tenants.