Texas Landlord Tenant Laws | American Landlord

Summary

This video provides an overview of Texas landlord-tenant laws as they apply to residential rental properties. Topics covered include required disclosures, security deposits, rent policies, tenant remedies for landlord neglect, and eviction procedures. It emphasizes the importance of clear communication in lease agreements, including parking policies, late fees, and advance notices for rent increases. The video also explains tenant rights regarding withholding rent, terminating tenancy, and the landlord's right to enter the property. The goal is to help landlords and tenants navigate these laws effectively.

Takeaways

• 😀 Required disclosures: Landlords must disclose the name and address of the property’s owner or management company either in the lease, a separate document, or posted on the property.
• 😀 Security equipment requests: Landlords must specify in the lease that tenant requests regarding security equipment be submitted in writing, with the requirement in bold or underlined print.
• 😀 Parking policy: If a landlord has a parking policy, particularly for multi-family properties, it must be provided to the tenant before the lease is signed, and it must be highlighted in the lease agreement.
• 😀 Tenant remedies for landlord neglect: Leases must inform tenants of available remedies when the landlord neglects to repair issues affecting health or safety, with remedies specified in bold or underlined print.
• 😀 Security deposit: Texas does not limit the amount of a residential security deposit. The deposit must be returned within 30 days after the tenant vacates unless specific advance notice requirements are not met.
• 😀 Late fees: The lease must outline a late fee policy, with fees that are reasonable, starting no earlier than one day after rent is due. Fees can accrue daily if rent remains unpaid.
• 😀 Rent increases: For month-to-month rentals, landlords must give at least one month's notice before raising rent. Changes to longer-term leases must be agreed upon in writing by both parties.
• 😀 Withholding rent: If a landlord fails to provide essential services, tenants can repair and deduct, terminate the lease, or seek a judicial order for repairs, with possible penalties for the landlord.
• 😀 Eviction: Non-payment of rent or holding over allows the landlord to issue a three-day unconditional notice to quit. Other lease violations can lead to a three-day conditional notice to cure or quit.
• 😀 Right to entry: Texas law does not specify a particular notice period, but landlords must provide reasonable notice to tenants before entering their unit.

Q & A

What is the purpose of required disclosures in Texas landlord-tenant law?

Required disclosures ensure tenants have clear information about the property, including the landlord's contact details, security equipment requests, parking policies, and remedies available if the landlord neglects their responsibilities.

How must a landlord disclose their contact information according to Texas law?

The landlord must disclose the name and address of the property owner or management company, either in the lease, a separate document, or posted on the property.

What are the landlord's obligations regarding security equipment requests?

If a tenant requests security equipment, the landlord must require the request to be submitted in writing, and this must be outlined in the lease using bold or underlined text.

What is the parking policy disclosure requirement for landlords?

If a landlord has a parking policy, especially regarding towing violations in multi-family properties, they must provide tenants with a copy of the policy before the lease is signed. The policy must be signed by the tenant or included in the lease with the title 'Parking' in bold or underlined print.

What does the lease need to include regarding tenant remedies for landlord neglect?

The lease must include language in bold or underlined text informing tenants about their available remedies if the landlord fails to address issues that materially affect the tenant's health or safety.

Is there a limit to the amount a landlord can charge for a security deposit in Texas?

No, Texas statutes do not set a limit on the amount of the security deposit for residential properties.

What is the deadline for returning a security deposit in Texas?

A landlord must return the security deposit within 30 days after the tenant vacates the property, unless the lease specifies that the tenant must give advance notice of moving.

Can a landlord charge late fees if rent is paid late, and what are the rules?

Yes, a landlord can charge late fees, but the lease must outline the fees, which must be reasonable. Late fees cannot begin until one day after the rent is due, and subsequent fees can accrue daily until the rent is paid.

How much notice is required for rent increases in Texas?

For month-to-month rentals, landlords must provide at least one month's notice before increasing the rent. For longer-term leases, any changes must be agreed to by both parties in writing.

What options do tenants have if a landlord fails to provide essential services?

Tenants can withhold rent, repair and deduct costs, terminate the lease, or seek a judicial order requiring the landlord to make repairs. Tenants may also be entitled to damages, including a civil penalty, and court costs.