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The landlord and tenant relationship is viewed
by many people as inherently adversarial. What is
good for the landlord is bad for the tenant and
vice versa. But this view leads at times to
tension and conflict which could be avoided if
tenants fully understood their legal rights and
obligations.
A person who rents a dwelling (house, duplex or
apartment) is a tenant. The owner or manager of
that dwelling is the landlord of the tenant. The
landlord-tenant relationship is created by a lease
agreement. A lease is a contract for the rental of
property. The lease agreement can be either
written or oral. This agreement will control most
disputes between landlord and tenant.
It is very important that you read and
understand your written lease agreement before you
sign it. If there is anything in the lease
agreement you don't understand, don't sign it. You
cannot rely upon oral statements by the landlord
that are different from the terms of a written
lease. If you get into a legal dispute, it is the
terms of the written lease which will count. If
your landlord promises you anything that is not
included in the written lease, you should ask the
landlord to put the promise in writing and attach
it to the lease before you sign it. If there is
anything in the lease you do not agree with, do
not sign it.
There are several areas of potential conflict
in the landlord-tenant relationship which should
be examined. The rules regarding security deposits
are often misunderstood. The landlord may withhold
part or all of the security deposit to pay for
repairing damage to the rented property. However,
the landlord may not withhold any of the security
deposit to pay for normal wear and tear of the
rental property. In the past, some landlords
misused security deposits to take advantage of
tenants. This abuse resulted in the passage of the
Texas Security Deposit Law, which states that any
security deposit must be returned to the tenant
within thirty days of move-out if the following
four conditions are met:
1. No rent is owed,
2. No damage to the dwelling or furnishings has
been done by the tenant,
3. The tenant has given the landlord a
forwarding address, and
4. The tenant gave the proper advance notice
before moving from the dwelling.
A second common question concerns when a tenant
can terminate a lease and move out of the rental
property. The general rule is that a tenant may
not move out before the lease expires unless the
lease specifically gives the tenant this right.
Likewise, the landlord cannot force the tenant to
move out before the lease expires. This provision
of the lease protects both the landlord and the
tenant. If you do move out before the lease
allows, you may be responsible to the landlord for
all the rent until the expiration date of the
lease. Before signing a lease, if you believe you
may have to move before the lease expires, be sure
there is a provision allowing you to do so.
Otherwise, you should try to find another rental
property that will allow for an early move.
Repair and maintenance of rental property is a
subject which sometimes causes disagreements.
Unless the lease specifically says so, the
landlord has no obligation to repair or maintain a
rented dwelling, with one exception which will be
discussed later. A tenant should not attempt to
withhold rent just because the property is in need
of minor repairs. The exception to this general
rule is covered by the Texas Warrant of
Habitability Law. Briefly, this law states that a
landlord must repair any conditions that
materially affect the health or safety of an
ordinary tenant. The provisions of this law can be
somewhat complex, but it does apply only to major
problems, not to minor annoyances. Tenants should
seek legal advice before withholding rent, even if
they think this law applies to their situation.
The last issue to be discussed in this article
is the situation in which the tenant for one
reason or another fails to pay the rent on time.
The landlord has two remedies, eviction of the
tenant or enforcement of the landlord's lien.
Even if the tenant is behind on the rent, the
landlord cannot simply make the tenant move out
without following certain specific legal steps.
These steps result in the eviction of the tenant.
The landlord must first give written notice of
eviction proceedings to the tenant, then file an
eviction suit in court, then have the tenant
served with citation, then win the eviction trial
and have the judge order the tenant to move out,
and only then can the tenant actually be evicted
from the rental property. If the tenant is
evicted, the tenant is still responsible for the
rent due, and the landlord may sue the tenant to
recover that rent.
The landlord cannot attempt to force the tenant
out by changing the locks on the doors. If the
landlord wishes to change the locks, the landlord
must post a note on the door explaining where the
tenant can pick up a new key. The new key must be
available for the tenant twenty-four hours a day.
When a tenant is behind on the rent, the
landlord has a lien on all property (with certain
important exceptions) belonging to the tenant and
located in the rental property. The landlord's
lien gives the landlord the right to take the
tenant's property and sell it to satisfy the debt
owed by the tenant. This landlord's lien is
enforceable only if the lease specifically gives
this right to the landlord. In any event, the
landlord is forbidden from seizing certain
property such as clothes, work tools, food,
medicine, beds, and a number of other items
specifically listed in the law. Because of these
restrictions, the landlord's lien is usually used
only to take items as television sets and stereo
equipment.
There are several steps you can take before
renting a house, duplex or apartment which should
help to prevent later controversy.
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Be sure the dwelling meets your needs and
fits your budget.
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Before moving in, check the dwelling for
defects and damage. Prepare a list of any damages
and review it with the landlord. Both you and the
landlord should sign the list. This will help
ensure you are not charged for damages that were
present before you moved in.
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If the landlord promises to make needed
repairs, get this in writing.
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Determine whether you or the landlord is
responsible for utility costs, including water,
gas and electricity.
- Find out if a security deposit, a cleaning
deposit or both are required. Establish the
amounts of the deposits. If a cleaning deposit is
required, determine whether it is refundable when
you move out.
- Understand the landlord's rules and
regulations, and be sure you can live with them.
Pay particular attention to restrictions
concerning pets, parking, noise, common areas and
overnight guests.
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Know what you are signing before you sign it.
Most rental agreements and leases may be either
written or oral. If you will be signing a written
agreement, be sure that all blank spaces are
filled in. The document should include provisions
covering all the terms of your agreement with the
landlord.
In spite of your best efforts, any
relationship can go sour. If, however, you plan
properly and keep lines of communication open, you
will greatly lessen the likelihood of an
unpleasant rental experience.
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