What Is the Apartment Lease Law in Texas?
Each state sets its own laws regarding apartment leases. If you are preparing to rent a unit, you need to become familiar with the apartment lease law in your state. Texas laws, for example, provide specific guidelines regarding security deposits, apartment security measures, landlord requirements, and other aspects of maintaining your new home. The requirements of the law should be spelled out in your lease.
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Security Deposit
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Your landlord may require you to pay a security deposit before moving into the Texas apartment. When you move out at the end of your lease, your landlord has thirty days to return the amount of the deposit to you. However, if you owe back rent, break the lease, or do damage to the apartment, your landlord must provide an itemized list of the expenses along with any remaining balance of the deposit within 30 days. If they do not, you can take them to court and recover $100 plus up to three times the amount of the deposit.
Apartment Safety & Security
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Under Texas apartment law, your landlord is required to include specific security and safety measures in the unit. Working smoke detectors, for example, must be installed outside the bedrooms of the unit. Also, a deadbolt with a key or lock must be placed on all of the exterior doors, along with a peep hole and a deadbolt without a key. Window latches to lock the windows must be installed on all of the windows and a handle latch or pin lock must be placed on any sliding doors that lead to the outside.
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Landlords & Apartment Repairs
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In Texas, all landlords are required to provide apartments that are safe and sanitary for their tenants. If problems arise in the apartment that pose a threat to your health or that make your apartment unsafe, the landlord is required to make these repairs. Emergency repairs should be made in 24 hours, but other repairs should be made within five days. If the landlord fails to make the repairs, you can resubmit the request in writing. If the repairs are still not made, you can leave the property without penalty, take the landlord to court, or have the repairs done by a professional then deduct the costs from the rent. Unless the repair requires urgent attention, such as sewage backing up into the apartment, you need to have approval from a building inspector before completing the latter option.
Breaking the Lease
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If you lease an apartment in Texas, you do not have a grace period to change your mind after signing the lease. Before moving into the unit, you can find a replacement tenant with approval from the landlord or you can pay your landlord for his losses in having to obtain a new tenant. Once you are in the unit, you can only break the lease in very specific circumstances, such as the landlord's failure to make necessary repairs, unlawful entry by the landlord, and other issues that would fall under the category of constructive eviction.
Lease Renewal
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Landlords do not have to renew your lease. They are also allowed to increase the rent as much as they want, but they must provide a 30-day notice before the increase can go into effect. If the property is sold to another party, the new party must honor your current lease unless the property changed hands because of a foreclosure. In that situation, you can be given a 30-day notice to move regardless of how much time remains on your lease.
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References
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