Tag: Landlord-tenant Matters

If you rent property, you likely signed a lease and put a deposit down in order to do so. In that lease, you may have noticed language stating that a landlord can keep portions of the security deposit to cover repairs and damage outside of normal wear and tear.

In accordance with Texas laws, expenses related to normal wear and tear cannot be deducted from your security deposit. This distinction is critical, and whether you are a landlord or a tenant, you should understand what is and is not generally considered normal wear and tear.

Normal wear and tear includes:

• Dustiness
• Dirty blinds
• Small pin holes in the wall (unless they are excessive)
• Worn out batteries in smoke and carbon monoxide detectors
• Fading in curtains, paint or wallpaper due to age or sun exposure
• Broken light bulbs
• Normal dirty and wear in carpets
• Plumbing issues arising from normal use

Things that may not be considered normal wear and tear include:

• Numerous or sizeable holes in the wall
• Appliances broken as a result of misuse
• Unapproved paint on the walls
• Excessive dirtiness in bathroom or kitchen
• Pest infestation
• Broken doors or disabled locks
• Pet stains, burns or holes in carpet

Essentially, damage caused by neglect, misuse or excessive force can fall outside the definition of normal wear and tear. 

Tenants and landlords often disagree when it comes to distinguishing what is and is not normal in terms of wear and tear. However, you don’t have to just go off of what your landlord tells you if you are a tenant. You have the option of discussing the situation with an attorney who can examine the details of the case and the property in question in a legal context.

If you have questions or concerns about your security deposit and any amount withheld by your landlord, you can consult an attorney who can explain your legal rights and options. If money was wrongfully deducted, you can take action to have that money returned to you.

People all across Texas rent commercial or residential space from a landlord. Renting gives tenants more freedom to move and it allows them to occupy space they can’t afford to buy; it also puts many obligations and responsibilities on landlords.

This is not to say the landlord-tenant relationship is without flaws. For instance, as a tenant, you might be concerned that your rental application will be or has been denied unfairly because of a discriminatory landlord. This is a very real problem for people in Texas and all across the U.S., and one city has put in place a controversial solution to address it.

According to news reports, Seattle is now requiring landlords to select tenants based on a first-come, first-served model. Instead of allowing landlords to choose whomever they want to rent property, the policy orders them to review applications in the order received, and then offer the property to qualified applicants in the same order.

Supporters of this model say that it prohibits landlords from discriminating against people based on race, gender, or reliance on alternative sources of income. Too many people are treated unfairly and denied housing because of certain characteristics that have nothing to do with their rental capabilities.

On the other hand, critics argue that this policy is heavy-handed and unnecessary. Further, a lawsuit that was recently filed maintains that the policy violates a landlord’s right to select a tenant of their choosing in a nondiscriminatory manner.

While there is not a similar policy in place here in Texas, there are laws that prohibit discrimination against protected classes trying to rent a home or apartment. Whether you are a landlord or a tenant, it is important to be aware of this and other legal protections in place.

What do you think? Are discrimination laws sufficient in protecting rental applicants from discrimination in this state, or is there some benefit to the first-come, first-served model? Would a policy like this increase or decrease the likelihood of a landlord-tenant dispute?

If you are getting ready to vacate a property because of the end of your lease or an eviction, the process can be overwhelming to say the least. Moving all of your belongings, finding a new home or storefront and ending your relationship with your former landlord are all stressful prospects. You can manage the situation and protect yourself, though, by taking care of a few important details. Follow these four steps if you are getting ready to vacate a property.

Document the condition of the property

After you vacate the property, your landlord will likely do a walkthrough to assess its condition and record any damages that you are responsible for. In some cases, you might receive a bill for damages that you did not incur or are not responsible for. Your best defense against such situations is to proactively document the condition of the property. Take photos of all rooms, walls and fixtures so that there is no question as to what damage-if any-has been incurred.

Get all transactions and agreements in writing

As you prepare to leave the property, you will likely interact with your landlord and negotiate dates and stipulations. If you have these conversations over the phone, it is essential to confirm all information in writing, too. The best policy may be to communicate through email so that all interactions and transactions are documented by your paper trail. This makes it difficult for your landlord to renege on an agreement later or change the terms of your arrangement. 

Adhere to all conditions specified by landlord

Perhaps the easiest way to avoid conflict as you vacate a property is to adhere to the conditions set forth by your landlord. If you agree to vacate by a certain date, abide by your agreement. If your landlord requests that keys be returned to the leasing office, return your keys to the leasing office. This can help you prevent any unnecessary conflict or misunderstanding.

Leave the property in the condition you found it

According to Texas A&M University, tenants in Texas are not responsible for normal wear and tear, which includes standard deterioration of property resultant of expected use. Beyond this, however, you should leave the property in a condition as close as possible to that which you found it in. If you have altered or damaged it for any reason, it is a good idea to complete repairs to restore the property.

If you are involved in a dispute with your landlord, you should be aware of your legal options . Contact an attorney understand your rights as a tenant.

As a landlord, you will from time to time, encounter a tenant who refuses to vacate a premises. While a landlord has a right to evict a tenant in such a situation, it is important to ensure that proper procedure as required by the Texas Property Code is followed.

Requirements include that there is a landlord-tenant relationship and either the tenant has violated a term of the lease agreement or they lack authority to be on the premises. There is a requirement of at least three days written notice. This is important. Property owners should make a habit of handling any interaction with their tenants in a written manner to ensure compliance with the Property Code and to provide a complete record of those interactions.

While you are entitled to file an action to recover delinquent rent in addition to the eviction proceeding, you need to make a decision based on the likelihood of recovery. Because tenants are granted exemptions from property that may be attached, you may find it more cost-effective to negotiate with the tenant if you are hoping to recover some of the rental value at issue.

The three-day notice period is the default and if it has been changed by the terms of the lease, that period then controls. You may be able to recover attorney’s fees in addition to the eviction and the delinquent rent, but it too, has a specific written notice requirement. 

It is important to recognize the technical nature of property law, and that strict adherence to these requirements is important. Failure to follow that procedure may compromise your case.

It can help to work with a real estate attorney when drawing up residential and commercial leases and to rely on an attorney when needing to remove tenants from your property, as they can work to ensure the process is done properly.

Following landlord-tenant laws is crucial to being a responsible property manager. If you fulfill your legal responsibilities you will spend far less time dealing with disputes and lawsuits. Knowing the rights of your tenants and  understanding the law   is the first step to being a successful landlord. Here are the best things you can do to stay away from complaints and claims in Texas.

1. Obey fair housing and anti-discrimination laws

Landlords are required to follow certain laws when it comes to advertising, including questions on rental applications, interviewing conduct and dealing with tenants. While you are legally able to reject applicants based on negative references, bad credit history or past behavior, this does not mean you can discriminate. Understand that you must not deny prospective tenants because of race, national origin, religion, familial status, sex, mental disability or physical impairments.

2. Provide a clear rental agreement or written lease

All landlords and tenants should sign a contractual agreement to establish the relationship and provide concise details. It sets out the rules both parties need to follow. Be mindful of what clauses you include in your lease. You cannot waive responsibility to provide habitable premises or fail to provide legally required disclosures. Avoid confusion and disputes by writing a clear and legal document that informs your tenants of their rights and responsibilities.

3. Abide by termination and eviction laws

While something a tenant does might bother you, it does not necessarily give you the right to retaliate. For example, tenants are legally allowed to do the following:

• Complain to you about illegal or unsafe living conditions.
• Complain to a health inspector about illegal or unsafe living conditions.

You are not allowed to terminate the tenancy, file an eviction suit, decrease services or increase rent based on a tenant exercising a legal right. Terminating a tenancy must be done according to specific rules set by state law. For example, if your tenant has not paid rent, you must provide a notice three days before eviction procedures begin.

Landlords who fail to carefully comply with landlord-tenant laws often end up in several disputes or lawsuits. When you comply with fair housing laws, follow rent rules, adhere to security deposit limits, provide habitable housing, prepare a thorough written agreement and avoid retaliation, you are more likely to manage your property without unnecessary problems. If you have questions regarding a dispute or your rights as a landlord, contact a landlord-tenant attorney. Whether you manage residential or commercial properties, you can get the legal help you need.

One of the benefits of renting is that expensive, large household purchases are uncommon. Instead of dropping a lump sum to the plumber or the appliance store, one of the largest checks you’ll write is your security deposit.

Even though you don’t have access to that money while you’re staying in your apartment or house, it’s still your money. Responsible renters expect to get it back, or at least a significant portion of it.

Getting your money back

By law, a landlord can withhold funds from a deposit for these reasons:

• Breach of lease
• Excessive damage and repair
• If a tenant tries to use the deposit as a final month’s rent
• If the tenant does not give notice before moving out (depending on language in the lease)

The money likely goes into a savings account and, in theory, will sit untouched. There’s an agreement that the money will be returned when the lease ends.

When you don’t get your deposit back

Texas law requires the return of your deposit within 30 days after moving out, with an itemized list of any withdrawals for damage or other reasons.

But sometimes the landlord doesn’t return the money. A landlord can withhold funds for damages that exceed “normal wear and tear.” This isn’t a perfectly defined term and disputes are common about when a tenant should pay for repair and when it was a routine maintenance cost. Many tenants also dispute the price of the repair, such as when a bill for damages is more than the market value.

A pledge for contract

The Oxford Dictionary defines deposit as “a pledge for a contract, the balance being payable later.”

Landlord-tenant disputes are ultimately contract disputes. The best armor in a contract fight is evidence that shows routine wear and tear, photographs that prove living conditions and receipts from rent checks or other living-related purchases.

The law doesn’t just define the timeline and manner for getting your deposit back, but it protects renters from abuse. If there are unreasonable withdrawals, you may be entitled to compensation for the deception, with the landlord also responsible for your attorney fees.

For a tenant, when a lease ends, it always important to recover your security deposit. In many cases, it can be a substantial amount of money, especially if the lease involves a business’s commercial property.

A requirement for a security deposit, which protects landlords from damage to their property caused during a tenant’s leasehold, and is typically controlled by the language of lease contract regarding how a tenant may obtain its return at the end of the lease. This is important. As a tenant, you need to understand what is encompassed by the security deposit and the proper steps for obtaining the deposit back.

Because a commercial lease agreement is presumed to take place between two sophisticated businesses, the landlord has great flexibility in choosing many of the terms of the lease agreement. When you are looking for commercial property to rent, one item you should consider is how negotiable the terms of your lease may be.

If a landlord is unwilling to negotiate the terms of the lease, you should be very cautious prior to signing any agreement. You may also want to consult with your attorney and make a close examination of the lease. If there are clauses that give too much power or discretion to the landlord and they are unwilling to negotiate any changes, you may be better served going else ware for your property needs.

This is important because this contract will control your interaction with your landlord and once a dispute arises, you will be stuck with that language, no matter how unfavorable it may be. Before you sign a commercial lease, you should understand fully your rights and obligations under the lease.

Details like the amount of the security deposit, whether it can be used to cure a default on the lease, and if you have a dispute, if the landlord can take that money without a resolution of the dispute, may seem unimportant in the excitement of taking possession of a new property. But if something goes wrong, it could become an expensive mistake.

Renting a house or apartment comes with a number of perks. You may not be responsible for certain utilities, you have the freedom to be more mobile year after year, and if something breaks, it is typically your landlord who will deal with the task and cost of fixing it.

However, in exchange for these perks, tenants are usually required to pay a security deposit upon moving in. The deposit can be kept by the landlord or returned to the tenant at the end of a lease. A security deposit can be a substantial amount of money, so people are typically eager to get as much of it back as possible. Below are some easy ways to protect your deposit and make more likely that you will get it back.

1. Make sure you read your lease carefully before signing it. Your lease should specify how much the deposit will be and the terms of returning it. Reviewing this document with an attorney will help you spot any potential issues or concerning terms.
2. Take photos upon move-in and move-out. Oftentimes, deposits are retained to cover repairs. If something was broken, missing or in poor condition when you moved in, you will want to document that so you are not held accountable.
3. Take note of any cleaning standards your landlord has. While deposits are typically not used to cover standard cleaning or wear and tear, your landlord may have specific cleaning requests that must be met. If you do not meet these, you could lose part or all of your deposit, so make sure you know what your landlords expectations are.
4. Stay current with bills and rent. If you fall behind on bills or stop paying rent, your landlord can deduct that money from your deposit. If you have questions about purposefully withholding rent, it would be wise to consult an attorney before you stop making payments.

These are all ways you can protect yourself and your deposit. But even if you don’t do these things, or in the event that issues still arise that compromise the return of your deposit, you still have legal options. Consulting an attorney who is familiar with security deposit disputes can be a good way to examine your rights and take steps to resolve the matter and collect your deposit.