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| Renting and Leasing |
If you are at home when the management wishes to enter the apartment for any reasonable reason, the management must ask to enter peacefully and at reasonable times.
2. How much notice must I give to move out?
3. Who covers the cost of damages to my property if I’m robbed, or there is a
ANSWER: A number of things can happen if you don’t pay your rent.
5. Can I be locked out of my apartment for non-payment of rent?
6. Can the rent be increased during my lease?
7. Is there any limit on rent increases?
8. How do I complain about the property management or owner?
9. How do I find out who owns or manages the property?
2. How much notice must I give to move out?
ANSWER: Your lease will tell you how much notice you must give if you are moving out at the end (or before the end) of the lease t
term. Moving out before the end of the lease term will violate the terms of the lease, and you’ll be responsible for any charges outlined in
the lease for being in default.
term. Moving out before the end of the lease term will violate the terms of the lease, and you’ll be responsible for any charges outlined in
the lease for being in default.
3. Who covers the cost of damages to my property if I’m robbed, or there is a
fire or other accident?
ANSWER: If you have renters insurance, your insurance should cover your losses, minus any deductible. If you don’t have insurance, you’ll be responsible for replacing or repairing your property. The property owner’s insurance does not cover property belonging to residents; it only covers the property owner’s belongings, buildings, etc. If the property owner or his employees negligently caused the accident, you may have grounds to recover damages from the owner, but you’ll need to have legal advice.
4. What happens if I don’t pay the rent?ANSWER: A number of things can happen if you don’t pay your rent.
- You may incur late charges, which must be paid in addition to the rent.
- If your lease includes the appropriate provision, the owner can enter your apartment and remove items like TVs, stereos, sports equipment, etc. and keep it until you pay your rent. This provision must be underlined or in bold print in your lease. The owner cannot remove items that are listed as “exempt” in Section 54.041 of the Texas Property Code. Seized items may be sold if the owner gives you the proper notice under the statute.
- If the property owner gives you the proper notice under Section 92.0081 of the Texas Property Code, you may be locked out of your apartment or rental home; you will then have to contact the property owner or manager to get back into your apartment.
- If electricity is connected in the property’s name and paid for by the property, the owner may cut off service to your apartment after giving you the proper notice.
- The owner may also file to evict you from the property, and report your non-payment to consumer reporting agencies, rental history tracking companies, properties you may try to rent from in the future.
- If your lease includes a water allocation or submetering provision and you pay your water bill to the property, the property owner may charge a fee of up to 5 percent of the amount due when your payment is late.
5. Can I be locked out of my apartment for non-payment of rent?
ANSWER: Yes. Section 92.0081 of the Texas Property Code allows owners to change the door locks on an apartment unit if the rent is delinquent. However, the owner must first notify you at least three days before the locks are to be changed. After the lockout, the owner must leave a notice telling you where the key can be obtained 24 hours a day. You must contact the owner or the owner’s agent to gain access to your apartment or rental home, but the owner cannot refuse to allow you back in, even if you have not yet paid your rent. If you haven’t paid your rent, though, you’ll still be subject to any of the owner’s remedies against you for non-payment, including another lockout.
6. Can the rent be increased during my lease?
ANSWER: No, unless your lease has a provision that allows increases during the term. Under the TAA Lease Contract, the rent cannot be increased during the initial lease term unless a “special provision” is inserted or an addendum to that effect is attached. To increase the rent (or any other amount noted on page 1 of the lease) at the end of the initial lease term, the owner must give you the same amount of notice that you are required to give if you plan to move out at the end of the term, plus five days.
7. Is there any limit on rent increases?
ANSWER: Texas does not have any rent control laws. Rents are determined by property owners and are typically market-driven.
8. How do I complain about the property management or owner?
ANSWER: You have a number of options. You should first discuss your situation with the onsite management, and try to resolve any issues. If that fails, you may want to contact the management company office or the property owner to complain. You can also contact the TAA affiliated local association in the area where the property is located, for more information or referrals to other sources of assistance.
9. How do I find out who owns or manages the property?
ANSWER: Request it in writing from the onsite manager. Under state law, if you make a written request to the managing agent of the owner, you are entitled to be given the name and mailing address of the owner and/or the name and street address of the property management company. This information is also available to government officials acting in an official capacity.
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