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Landlord/Tenant Law

This legal research guide provides information about landlord and tenant law that is helpful to both the practitioner and the public looking for legal information.

Noise


Noise

Noise is a common complaint in neighborhoods. Texas law gives cities the ability to create local laws regulating noise. Counties, however, do not have the same ability and must rely on state criminal law to govern noise outside city limits. 

In addition to these laws, property owners' associations may have rules within their community related to noise.

See the resources below for more information.

Covenant of "Quiet Enjoyment"

Tenants also have a right to peaceful and quiet enjoyment of their rental property. This right is known as an implied “covenant,” or promise, under the law. While Texas does not have a specific state statute, there have been court cases over the years that address this topic. In addition, a written lease may also contain a clause guaranteeing this right during the tenant's lease term

This covenant prevents a landlord from disturbing their tenants. It also makes the landlord responsible for other tenants who create disturbances. It does not, however, make a landlord responsible for disturbances by strangers or people who do not also rent from them.

If your landlord's actions or inaction regarding other tenants is disturbing you in your rental, you may have the right to relief. A lawyer can advise you about how to proceed and what you might be entitled to. Our Legal Help page can help you find a lawyer or connect you with legal aid options.

See the resources below for more information.

Who Can I Contact?

For complaints related to noise, contact your local law enforcement agency for assistance.

All other nuisance complaints can be filed with your local code enforcement or public health department. If your area of the state does not have a local agency that can investigate, complaints related to accumulated rubbish, abandoned property, tires, mosquitoes, high weeds, and other unsanitary conditions may be filed with the Texas Department of State Health Services. Information on how to contact their office to file a complaint can be found at the link below.

Please note that the Department cannot investigate noise complaints.