How much can I charge for rent?
Texas does not restrict the amount of rent a Landlord is permitted to charge.
Are there restrictions regarding how many occupants are permitted to reside in the rental property? The maximum number of adults that a landlord may allow to occupy a rental property is 3 times the number of bedrooms in the dwelling.
May I charge an application fee, late rent charge or a returned payment fee?
Application Fee: Typically, application fees are $25 to $35 per person, but there is no statutory regulation on the limit for an application fee. Application fees are usually non-refundable.
Sec. 92.019
TITLE 8. LANDLORD AND TENANT
CHAPTER 92. RESIDENTIAL TENANCIES
LATE PAYMENT OF RENT; FEES. A landlord may not charge a tenant a late fee for failing to pay rent unless:
(1) notice of the fee is included in a written lease;
(2) the fee is a
reasonable estimate of uncertain damages to the landlord that are incapable of precise calculation and result from late payment of rent;
(3) the rent has remained unpaid
one full day after the date the rent was originally due.
NEW
Please Note:
- A late fee under this section may include an initial fee and a daily fee for each day the rent continues to remain unpaid.
- A landlord who violates this section is liable to the tenant for an amount equal to the sum of $100, three times the amount of the late fee charged in violation of this section, and the tenant's reasonable attorney's fees.
- A provision of a lease that purports to waive a right or exempt a party from a liability or duty under this section is void.
- This section relates only to a fee, charge, or other sum of money required to be paid under the lease if rent is not paid as provided above, and does not affect the landlord's right to terminate the lease or take other action permitted by the lease or other law. Payment of the fee, charge, or other sum of money by a tenant does not waive the right or remedies provided by this section.
Returned Payment Fee: Assessed fees may not exceed $30. Tex. Bus. & Com. Code Ann. § 3.506 Please Note: Issuing a bad check in the State of Texas may be a criminal offense under Sec. 32.41 of the Penal Code of the Texas Statutes.
For further information please contact your legal advisor, legal department, or contact the the State Bar of Texas.
Is there a limit on the amount I may collect for a security deposit?
Texas law does not provide for any limitations on a security deposit.
Do I need a separate bank account for the security deposit?
There are no specific regulations in Texas regarding the placement of security deposits. However, the landlord must keep accurate records of all security deposits.
After my tenant has moved, how long do I have to send the security deposit back?
The landlord shall refund a security deposit to the tenant on or before the 30th day after the tenant surrenders the premises. The landlord is not obligated to return a tenant's security deposit or give the tenant a written description of damages and charges until the tenant gives the landlord a written statement of the tenant's forwarding address for the purpose of refunding the security deposit. However, the tenant does not forfeit the right to a refund of the security deposit or the right to receive a description of damages and charges merely for failing to give a forwarding address to the landlord.
The landlord may deduct from the deposit damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease. If the landlord retains all or part of a security deposit, the landlord shall give to the tenant the balance of the security deposit, if any, together with a written description and itemized list of all deductions.
What are the rules for ending a Texas lease Agreement?
A monthly tenancy or a tenancy from month to month may be terminated by the tenant or the landlord giving notice of termination to the other of at least 30 days.
A tenancy of less than one month may be terminated by the tenant or the landlord giving notice of termination to the other of at least the number of days in the rent paying period( not including the day the notice is given).
A Fixed term tenancy will end on the date specified within the lease and tenant will vacate, unless other arrangements are specified within the agreement.
My tenant was supposed to be out of the apartment and is still there. What do I do?
If a tenant remains in possession without the landlord's consent after expiration of the rental agreement or its termination, the landlord may either accept the rent and continue on a periodic tenancy or bring an action for possession.
How much notice do I have to give a tenant in order to evict them?
If the occupant is a tenant under a written lease or oral agreement, the landlord must give at least 3 days' written notice to vacate the premises before filing a forcible detainer suit, unless otherwise specified in the agreement.
My tenant has not paid his rent and I served notice. What shall I do next?
Go to the District or Circuit court where the property is located. You will file a court action referred to as an unlawful detainer, filed with the clerk of court. Check with the appropriate court as there are fees involved. The Landlord/Plaintiff may sue for possession of property and for money damages in the same action. It is important to include a copy of the “Notice to Tenant” when filing an original action.
I have been assigned a court date, must I go?
Once a court date is set, a landlord should always arrive prepared. In many cases tenant’s often fail to appear in court, ultimately favoring the landlord. Regardless of the assumption that a tenant may not come to the court hearing, it is important to have all your ducks in a row. Come prepared and bring proof of rents received, such as a current rental ledger along with all correspondence including letters, notices and emails. If you have dates of phone conversations, they can be important as well. Proof is especially important in cases that involve nuisance or other lease violations.
I won in court! Now what happens?
A landlord who prevails in an eviction suit is entitled to a judgment for possession of the premises and a writ of possession. "Premises" includes the unit that is occupied or rented and any outside area or facility that the tenant is entitled to use under a written lease or oral rental agreement, or that is held out for the use of tenants generally. A writ of possession may not be issued before the 6th day after the date on which the judgment for possession is rendered. Once the writ is issued, a court officer such as a constable will remove the tenants.
How long does it usually take for eviction?
It depends and varies but could take approximately 4-6 weeks to obtain possession.
What must I do to inspect my property? Do I have to notify the tenant?
Unless the lease agreement states the landlord may enter the rental property, then there is NO right to do so, except in emergencies and for routine inspections/repairs - with reasonable advance notice. A tenant also has a right of privacy in his own home. A landlord should not violate either of these rights by entering without the tenant's permission or before giving advance notice, regardless of what the lease says.
Are there circumstances where I am required to release a tenant from a lease agreement?
A landlord may be forced to release a tenant from a contractual agreement when the dwelling unit or premise is damaged and/or destroyed by fire or casualty not caused by the tenant, deeming the rental property unlivable. In Texas, under Section 92.0161 of Title 8, Subchapter A allows lease termination rights for sexual assault survivors when the assault has occured within the preceding six months. Additionally a tenant may have the right to vacate for issues regarding family violence. This is specified in Section 92.016 of Title 8, Subchapter A. The complete Texas Property Code for Landlord Tenant may be found at: http://www.ezlandlordforms.com/documents/19161/
Do I have the right to enforce no smoking in my rental property?
A landlord may establish a “No Smoking” policy by providing so in the Lease.
Disclosure: The information provided herein is intended as a general discussion of legal issues concerning landlord tenant law. Information provided is not legal advice or a legal opinion, and it is recommended that the reader seek independent counsel for any specific issue.