Note The library cannot tell you what the law means for your situation.
Nuisance is a common term used to refer a condition that may cause someone, often a neighbor, to feel inconvenienced or annoyed. Nuisances can be either public (affecting the general public) or private (affecting a specific person).
Public nuisances are regulated at both the state and local level. A private nuisance often requires filing a lawsuit if the parties cannot resolve the matter on their own.
In addition to state law, cities and counties may have local laws related to nuisances within their area. See our Municipal Laws and Ordinances page for assistance locating your local city laws.
Below you will find references to areas of Texas law that govern nuisances. This is not an exhaustive list. Please contact the library if you need help locating any additional laws on nuisances.
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.
Tenants 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.
Attractive nuisance is a legal doctrine intended to protect children who are too young to understand the dangers presented by manmade objects or conditions. If an unaccompanied child is trespassing on land and is injured due to these conditions, a landowner could be found liable if they did not take reasonable steps to eliminate the danger or otherwise protect children.
See the resources below for more information.
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.
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Note The library cannot tell you what the law means for your situation.