The reletting charge is a fee, which is not to exceed 85% of one month’s rent. It can be charged if you: a) fail to give written move-out notice as required b) move out without the manager’s written approval and without paying rent in full for the entire lease contract c) move out at the manager’s demand because of your default or d) are judicially evicted. The reletting charge is not a cancellation fee and does not release you from obligations under the lease contract.
If you’ll be sharing the rent with a roommate, make sure you both understand your responsibilities. If you both sign the lease, each of you will be responsible for the full amount of the rent if the other does not pay. If your roommate moves out before the end of the lease, you’ll still be responsible for all the rent. If you need to find another roommate to help with expenses, your new roommate will need to be approved by the property owner, and you may need to sign a new lease or a lease addendum.
It is a state law that a resident cannot withhold rent for non-repair. The owner has a right to evict for non-payment of rent.
The Texas Civil Statute, Section 92.0081, states that the landlord clearly has the right to change the door locks on an apartment unit if the rent is delinquent. However, they have to first notify the resident at least three days before the locks are to be changed. After the lock-out the owner must leave notice where the key can be obtained 24 hours a day. They cannot deny the resident access to the apartment.
Yes. Unless you have a transfer clause in you lease, you can be liable for the remainder of the rent through the end of your lease or until the apartment is rented to another occupant.
Section 54.041 of the Texas Civil Statute states that non-exempt items can be held providing that the clause is in the lease. It must also be either underlined or in bold print. If you have this clause in your lease, the management may seize property that is non-exempt by statute and hold it until the rent is paid.
There are a number of reasons why property managers or maintenance staff may need to enter your apartment, and it could be very inconvenient for you if you always had to be home and available when these circumstances arose. If you signed a TAA Lease Contract, you’ve given permission to the apartment management and/or maintenance personnel to enter your apartment when you are not there for: responding to your request. making repairs or replacements. estimating repair or refurbishing costs. performing pest control or doing preventive maintenance. changing filters. testing or replacing smoke detector batteries. retrieving unreturned tools, equipment, or appliances. preventing waste of utilities. exercising a contractual lien (removing your non-exempt belongings if you haven’t paid the rent). leaving notices. delivering, installing, reconnecting, or replacing appliances, furniture, equipment, or security devices. removing or rekeying unauthorized security devices. removing unauthorized window coverings. stopping excessive noise. removing health or safety hazards (including hazardous materials), or items prohibited under our rules. removing perishable foodstuffs if your electricity is disconnected. removing unauthorized animals. cutting off electricity according to statute. retrieving property owned or leased by former residents. inspecting when immediate danger to person or property is reasonably suspected. allowing persons to enter as you authorized in your rental application (if you die, are incarcerated, etc.) allowing entry by a law officer with a search or arrest warrant, or in hot pursuit. showing apartment to prospective residents (after move-out or vacate notice has been given). showing apartment to government inspectors, fire marshals, lenders, appraisers, contractors, prospective buyers, or insurance agents. Under the TAA lease, the management must leave notice of entry inside your apartment indicating that a management representative entered the apartment, and why he or she was there. 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.
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.
The TAA lease contains a clause which states that the owner will not be liable for any damages to the resident’s personal belongings or to that person. Only if the disaster occurred due to the owner’s own negligence will the resident have a cause of action. The lease strongly suggests that the residents secure insurance to protect themselves against personal losses.
The grace period allowed in the TAA lease does not refer to when the rent is actually due, it simply refers to when the late charges begin. The lease states that rent is due and payable at the 1st of each month. This means that rent is late and delinquent on the 2nd if not paid. How much grace period (if any) is given before late charges begin depends on the owner and what is stated in the lease contract.
If you gave a forwarding address and did not owe any rent, the owner legally has to contact you in writing within 30 days about your deposit.
Each tenant is only responsible for the rent on his/her bed in the apartment or house. There can be up to 4 other roommates in the property depending on the size. If one or more tenants moves out, the remaining roommates are not responsible for the vacant beds rent.
The lease contract a resident signs is a legal binding contract and must be taken seriously. The resident should carefully read the entire lease contract and other forms before signing them. The Lubbock Apartment Association (LAA) supplies the Texas Apartment Association (TAA) lease contract and other forms to association members. The TAA lease contract and forms are the best contracts available and they protect both the property owners’ and the residents’ rights.
As a renter, there are many things you need to know about the TAA lease. Your lease provides both you and the property owner with the “ground rules” for your relationship. It should cover all the basic questions about who will be responsible for what, where, by when, how and why, as well as what will happen if either responsible party does not meet their obligations.
TEXAS APARTMENT ASSOCIATION
Visit the Texas Apartment Association website for more information about renting apartments and lease contracts. TAA offers renters a free online education course called Renters 101 to help you navigate the renting process and avoid common mistakes. Renting 101 is a free online education course.
- Texas Apartment Association
- Helpful Info for Renters
- National Apartment Association
- Texas Tenant Rights
- Article about repairs and landlords
- Housing Choice Voucher (HCV) Program
- Review an outline of tenant’s rights from the Texas Attorney General’s Office
- Texas Apartment Association Sample Apartment Lease Contract (English and Spanish)
- For information, visit Everything You Need To Know About Lubbock.