We handle all types of municipal law, public affairs, real estate law, homeowner association law, estate planning and business law.

What HOAs should know about renters’ rights

On Behalf of | Oct 23, 2024 | HOA Law |

Homeowners in a homeowner’s association (HOA) enjoy many perks, such as convenient amenities, increased neighborhood safety, enforced community standards and much more. When they rent out their properties to others, those renters will have access to the same benefits except voting or membership rights.

But while renters have fewer rights and responsibilities than homeowners, this does not change the fact that everyone in the community is entitled to the most basic privileges. Correspondingly, HOAs must know and respect these rights. Here are the most important renters’ rights HOAs should know.

The right to privacy and quiet enjoyment of their home

According to Texas law, all homeowners and renters have the right to “quiet enjoyment.” This means landlords or HOAs can’t disturb a renter’s peace and quiet excessively or without good reason.

If an HOA must enter a renter’s home due to repairs, maintenance, inspections or any other legitimate reason, they must notify the renter, usually 24-48 hours before the visit, unless it is for emergencies.

The right to health and safety

Landlords are responsible for repairing any issue that might affect a renter’s health and safety, such as a leaky roof, a faulty HVAC system or broken electrical wiring. However, this does not include damages that the renter or their guests cause.

If the renter needs a repair that the HOA covers, they should communicate the issue through their landlord, and the HOA should respond within a reasonable time.

The right to freedom from discrimination

All renters and homebuyers have the right to freedom from discrimination under the Fair Housing Act. A landlord or HOA cannot discriminate against a renter based on:

  • Race or color
  • Sex
  • National origin
  • Religion
  • Family status
  • Disability

Renters also have the right to fair treatment under the same conditions and regulations as other community members. HOAs cannot take unfair actions like restricting access to shared amenities, enforcing stricter rules or barring participation in community events just because someone is a renter.

HOAs also have the right to carry out community rules

HOAs must respect the rights of homeowners and renters alike. At the same time, renters are responsible for following the rules when they lease a property in an HOA, just like homeowners.

Generally, an HOA can contact the landlord directly if a renter violates the rules. Then, the landlord should address the issue with the renter. That said, renters, landlords and HOAs must have open communication to respect everyone’s rights in the community.