Tenants Rights Pamphlet
Tenants Rights Pamphlet
Tenants Rights Pamphlet
Te n a n t s ’
Rights
Handbook
A
TENANTS’
RIGHTS
HANDBOOK
OVERVIEW ..................................................................................1
Warning .........................................................................................1
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To find the name of an attorney, contact either your local tenant
association or local bar association. These numbers should be listed
in your telephone directory. You may also call the State Bar of Texas
Lawyer Referral and Information Service at 1-800-252-9690. If you
have a very low income, you may be eligible to receive free legal assis-
tance from a legal services office, and, if you decide to file a suit, you
may also be able to file a statement describing your financial status
instead of having to pay court costs. If you need the name and tele-
phone number of the legal services office in your area, you can call Texas
Lawyers Care at 1-800-204-2222, ext. 2155. A Referral Directory of
legal service providers is on the State Bar website, www.texasbar.com.
You may also decide to represent yourself in Justice of the Peace Court.
Justices of the Peace routinely decide suits filed by parties who do not
have lawyers. It is still a good idea to get some tips from an attorney
or your local tenant association on the best way to represent yourself.
Look over the outside of the building. Are the stairs, outside walls,
roof, sidewalks, and grounds around it in good shape? Do the buildings
need to be painted? Do the apartments have enough parking spaces?
If there is a laundry room for all of the residents, look it over. Inspect
the swimming pool. Find out what the neighbors are like and what
they say about the landlord. Ask whether they ever had something
that needed to be repaired by the landlord. Was it fixed quickly?
Have they ever had any disputes with the landlord? Do they have
roaches? Has anyone in the area had any problem with vandalism,
burglaries, rapes, muggings, or other crimes? What is the area like at
night? Are the grounds well lit?
Carry a pen and paper with you. Make a list of anything that is dam-
aged or that needs repair. Take a copy of your list to the landlord and
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ask to have all the items repaired. Be sure to keep a copy of this list
yourself. If the landlord promises to fix the items, get the promise in
writing (or, better yet, refuse to sign the lease or give a deposit until
the items are repaired to your satisfaction). Finally, it is wise to check
out the landlord before you agree to rent or put down a deposit. If
the city has a tenant association, better business bureau, or consumer
protection agency, call and find out if other people have complained
about the landlord, complex, or management company. Ask if the
landlord owns any other rental properties. If so, check into those too.
APPLICATION FEES
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not been put in writing. Both you and your landlord should sign and
date all pages separate from the lease agreement. If you have agreements
about pets, replacing the carpet, painting the walls, or who pays the
utilities, such agreements should all be stated clearly in writing.
Anything you want fixed, replaced, or repaired should be requested
in writing. It would be wise not to rent from a landlord who will not
put the agreement in writing.
A landlord can charge any amount she wishes for rent. There are no
limits to increases, as long as the lease is expired (or will soon expire)
and a proper notice is given. See “Changing Terms in the Middle or
End of a Lease.”
Often, your lease will state that rent is due on the first day of the
month. Many leases provide a “grace period” in which rent can be
paid late without penalty. Always get receipts for payments and keep
them as long as you live there, especially if you pay by cash or money
order. If a landlord claims she did not receive a money order from you
and you do not have a receipt, you can run a “trace” on the money order
(to determine who may have cashed it) by contacting the company
that issued the money order. If any of the landlord’s employees cashed
it, you are probably not responsible for that rent payment. It may take
several weeks to trace a money order so be sure to start the process
quickly. Usually for a fee, a money order company will re-issue a
money order that has not been cashed.
A landlord can charge a reasonable late fee if you pay rent after the
due date in your lease agreement, and if the lease gives notice of the
fee. If you do not pay your rent on the due date (or within the grace
period), the landlord usually has the discretion to either terminate
the lease agreement or accept the rent and the appropriate late fee. If
you offer to pay the rent and appropriate late fee and the landlord
refuses to accept it, you may still have a chance in court if your lease
provides for notice and time within which to cure a violation of your
lease. A court may also consider your rent to be paid on time if you
have established a clear and undisputed pattern of acceptance of late
payment by your landlord. You should argue that if your landlord no
longer wished to accept late payments, she should have given you some
advance notice. See “Termination for Tenant Breach.” If you suspect
that your landlord may refuse to accept your rent, be sure to offer the
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money in person and with a witness (not just over the telephone) so
that you can later show in court that you attempted to pay rent.
Although there are no specific legal limits on late fees, they must bear
some reasonable relationship to the actual costs incurred by the landlord
as a result of the late payment. For example, if the landlord’s costs as
a result of the late payment are $15 and the landlord charged $150
as a late penalty, that could be ruled an unenforceable penalty. If a
landlord is found to have charged a late fee without notice in the lease
regarding such a fee, or if the fee does not bear a reasonable relationship
to the landlord’s actual costs, the landlord may be liable to you for $100,
three times the amount of the improper late fee, plus your reasonable
attorneys’ fees. Additionally, a landlord may be in violation of the
Deceptive Trade Practices - Consumer Protection Act if the landlord
charges extremely excessive late fees. A court may also refuse to evict
a tenant if the only alleged violation is that the tenant refused to pay
an unreasonable late fee. [Tenants in Section 8, government-owned
or government-subsidized dwellings have strictly monitored rent that
varies with their income level and have additional protections for
unfair late fees.]
HOUSE RULES
Note that a landlord can decide not to renew a lease for almost any
reason and, if the landlord has given proper notice of nonrenewal
pursuant to the lease, a court will likely uphold that decision. In fact,
the landlord is not obligated to give a reason for nonrenewal of a
lease. Similarly, a landlord may terminate a month-to-month lease by
giving a 30-day notice of nonrenewal. There are some exceptions. For
example, a landlord cannot refuse to renew a lease in retaliation for a
tenant requesting repairs. Further, a landlord cannot refuse to renew
a lease based on a tenant’s race, color, religion, sex, familial status,
national origin, or disability. See “Termination and Moving Out” and
“Exceptions to Failing to Renew or Terminating a Month-to-Month.”
[Tenants in Section 8, government-owned or government-subsidized
housing have more protections against unreasonable evictions and
rules. These tenants should contact their local housing authority or
HUD office to complain of any unfair rules.]
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LANDLORD’S RIGHT TO ENTER
You may want to have your own keyed lock on the door of the apart-
ment or house. If you want your own keyed lock, be sure you provide
for this in your lease or get written permission from your landlord.
Also, a dwelling must be equipped with a keyless bolting device on
each exterior door of the dwelling without necessity of request by the
tenant. This will prevent improper entries while you are home. See
“Locks and Security Devices.”
REPAIR LANGUAGE
Normally, a written lease will last for a fixed period of time, typically
six months or one year. The advantage of having a lease with a fixed
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term is that it protects you from rent increases and changes in the
terms of the lease during that time. The landlord has the advantage of
being assured they will receive rent for that period. One disadvantage
of having a long-term lease is that you are obligated to the terms of
the lease for the entire lease period, unless the landlord substantially
violates the lease or agrees to let you out of the lease.
If you never had a written lease agreement or your written lease has
expired, you are probably a month-to-month tenant. A month-to-
month lease continues from one month to the next, as its name
implies, until either you or your landlord gives a one-month advance
notice of termination. (If you pay rent weekly, then you are a week-
to-week tenant and only one week’s notice is required.) No matter
who terminates the lease, you should always keep a copy of the notice
of termination as proof. See “Termination and Moving Out.”
During the lease, one party cannot change any terms of the lease
agreement without the other party’s consent. If an agreement is
reached, it should be made in writing, dated, and signed by both
parties. Unless an agreement is reached, the parties must abide by
every term in the lease agreement (including any house rules). Prior
to the end of the lease, either party can propose changes to a future
lease agreement. (For month-to-month leases, either party can give a
30-day advance notice of a proposed change.) Unless the other party
clearly terminates or does not renew the lease using the notice
requirement described in the lease, then that party might be presumed
to have accepted the new terms offered by the other party. If you do
not want to accept a change in your lease, for example, increased
rent, try to negotiate with the landlord and indicate you will not
renew the lease unless the rent is lower. You should always get agree-
ments in writing and signed by the owner or manager. See “Tenant
Duties and Consequences.”
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INFORMATION ON RENTERS’ INSURANCE FROM
THE TEXAS DEPARTMENT OF INSURANCE
Your landlord may have an insurance policy for the property you rent,
but the policy will probably not cover your own belongings. You may
want to consider buying renters’ insurance to replace or repair your
belongings if they are stolen, damaged, or destroyed.
All policies have a total dollar limit. This is the maximum amount the
policy will pay, regardless of the amount of your claim. Make sure you
buy a policy with a high enough dollar limit to replace your property
if it’s stolen or destroyed. Most policies in Texas have a deductible equal
to 1 percent of the total amount of coverage. A deductible is the amount
you must pay out of your own pocket before the insurance company
will pay on your claim. For example, if you have a $25,000 policy
with replacement cost coverage and a 1 percent deductible, you would
pay the first $250 of the repair or replacement costs. The company
would then pay the remainder, up to your policy’s dollar limit. Some
companies may require a higher deductible for theft.
Loss of use pays for additional living expenses, such as food and hous-
ing, if you must move from your home or apartment because of a cov-
ered loss. Loss of use coverage is generally limited to 20 percent of a
policy’s personal property coverage. For example, if you have $25,000 in
personal property coverage, your loss of use coverage would be $5,000.
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Personal liability protects you against a claim or lawsuit if someone is
injured in your home. A renters’ policy typically automatically provides
$25,000 in liability coverage and pays your legal costs. Extra liability
coverage is available for additional premium.
If a policy provides less coverage than you’d like, ask whether you can
buy “endorsements.” Endorsements increase or expand the coverage
provided in the base policy, usually for additional premium. The
availability of endorsements varies by company.
Renters policies normally pay the “actual cash value” of your property.
This means the insurance company will subtract an amount for depreci-
ation and wear and tear from the value of your property before paying
your claim. For example, if someone steals your five-year-old television,
the insurance company will only pay you an amount equivalent to the
market value of a five-year-old television, minus your deductible.
Therefore, you won’t receive enough to buy a new TV like the one that
was stolen. For a higher premium, you can buy “replacement cost cov-
erage” that pays the full cost of replacing your property, minus your
deductible and up to your policy’s dollar limit. You can usually add
replacement cost coverage to your property for additional premium.
Rates can vary widely among companies, even for the same or similar
coverage. It pays to shop around. Following are a few tips to help
you shop:
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• When getting a price quote or applying for insurance, answer
questions truthfully. Wrong information could cause you to get
an incorrect price quote or could lead to a denial or cancellation
of coverage.
• Be sure to consider factors other than cost, such as a company’s
financial strength and its customer service record. Buy only
from licensed companies and agents. You can find out whether
agents or companies are licensed and get information about
licensed companies’ finances and their complaint histories by
calling the Texas Department of Insurance Consumer Help
Line (1-800-252-3439 or 463-6515 in Austin) or by visiting
the website http://www.tdi.state.tx.us.
If you have trouble finding renters’ insurance, the Texas FAIR Plan
Association offers a tenant policy for qualified consumers who are unable
to obtain renters’ insurance from a licensed company. To be eligible for
this coverage, you must have been denied insurance by at least two
licensed insurance companies writing residential property insurance in
Texas and may not have received a valid offer of comparable insurance
from a company licensed in Texas. FAIR Plan policies are available
only through Texas-licensed agents. For more information, contact
your agent or the Texas FAIR Plan Association (1-800-979-6440 or
http://www.texasfairplan.org).
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problems as well. Be sure to read your lease to find out. If you are
uncertain how to classify the problem, consult a lawyer, health or
building inspector, or tenant association.
A landlord and a tenant may also agree in a lease that it is the duty of
the tenant to pay for the repair of broken windows, screens, and doors,
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but only if such a lease provision is specific and clear, underlined or
bolded, and the conditions were not caused by the negligence of the
landlord. Similarly, a landlord and tenant may agree in a lease that it
is the duty of the tenant to pay for the repair damages caused by leaving
windows and doors open and from sewage backups if a toy or other
improper item is found in the line that exclusively leads to the tenant’s
unit and is the cause of the backup, but only if such a lease provision
is specific and clear and is underlined or bolded in a written lease, and
the conditions were not caused by the landlord.
A landlord must provide you with a home that is free from health
and safety risks, regardless of what is in the lease. Other than those
exceptions listed above, a landlord may not modify her duties under
the law to repair a condition that materially affects your physical
health and safety. If a landlord intentionally tries to change this duty
orally or in your lease, you may have a claim against her for actual
damages, one month’s rent plus $2,000, and reasonable attorney’s
fees. The law presumes the landlord acted without knowledge, so give
your landlord a written notice (and keep a copy) if they are violating
the law and ask them to change the lease. If the landlord refuses, you
may have a stronger claim against the landlord.
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seven days is a reasonable time. The nature of the problem and
the reasonable availability of material, labor, and utilities are all
factors that will be taken into consideration in determining how
much time is reasonable. During this time, the landlord must
make a diligent effort to repair the problem. For broken water
pipes or sewage blockages, the reasonable time may be much
shorter than seven days. For small roof leaks, a reasonable time
may be longer.
6. Tenant Remedies
If the landlord has clearly had a reasonable amount of time to repair
the condition (usually seven days) and has failed to make a diligent
effort to remedy the problem and you have properly followed the
procedures above, you may be able to exercise one or more of the
alternatives listed in your notice: (1) terminate the lease and move
out; (2) have the problem fixed yourself and deduct the amount
spent from your rent, but only if you follow ALL of the procedures
mentioned below; and/or (3) sue the landlord for failing to repair.
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time (presumably seven days). Remember, you have the right to
terminate only if the condition materially affects the physical health
or safety of an ordinary tenant, you have given proper notices,
and you are not delinquent in paying your rent. See “Warning.”
If you terminate the lease, you must move out. You can stop pay-
ing rent on the day you move out or the date of termination
(whichever is later). If you correctly terminate your lease, you are
entitled to a refund of rent from the day you terminated the lease
or moved out, if you paid rent in advance. You may also use your
security deposit to pay any rent that is owed, and you can do this
without having to go to court. If you properly terminate the lease,
you may still sue the landlord for one month’s rent plus $500,
actual damages, attorney’s fees, and court costs. However, if you
terminate your lease, you cannot sue to obtain a reduction in rent
or to have the condition repaired, nor can you exercise any repair
and deduct remedies discussed below.
When you move out, the landlord must return your security
deposit unless she has reason to deduct an amount from the deposit
(such as for damage you caused to the premises). Your landlord
cannot keep your security deposit solely because you terminated
the lease under these circumstances. If your landlord does not
refund the unearned portion of your rent or wrongfully withholds
your security deposit, you may wish to file suit against her. See
“Security Deposits.”
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After giving a proper notice and the conditions outlined above are
met, you must wait seven days for the landlord to repair the prob-
lem before you can hire a contractor to repair it. (Exception: You do
not have to wait at all if the condition involves serious sewage prob-
lems or flooding, and you may only have to wait several days if the
condition involves lack of drinking water, heat, or air conditioning.)
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represent yourself in a Justice of the Peace Court. However, by filing
in a Justice of the Peace Court, you will be limited in some impor-
tant respects. First, the total amount you recover cannot exceed
$10,000, plus court costs. Second, the Justice of the Peace cannot
order your landlord to repair the condition, as described above.
Third, either party can appeal the case to the County Court for a
new trial and, thus, not be bound by the judgment of the Justice
of the Peace Court. One advantage to filing suit in County Court
or District Court is that you can get a court order to make the
landlord repair or remedy the condition that endangers your
health or safety. However, filing suit in these courts will probably
require the expertise of a lawyer, the costs will be higher, and it
make take the court longer to get to your case.
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There are other proper grounds for termination available to the landlord
that are not considered retaliatory. Of course, if you received a notice
of termination at the end of the lease before you gave the landlord
notice to repair, you are not protected. This is why it is a good idea to
give the first repair notice in writing, date it, and make a copy for your
protection. There may be another exception to obtaining retaliation
damages if the landlord legally closes down the premises, but you are
typically entitled to damages in this situation. See “Condemned or
Closing Property.”
A landlord can legally close the premises by failing to renew the lease
or may terminate a month-to-month lease by giving you a 30-day
advance notice. If the landlord does this in response to your requests
for repairs, the landlord will also be liable to you for moving expenses,
your deposit, and other statutory penalties for violating the retaliation
provision of the Texas Property Code. See “Retaliation for Requesting
Repairs or Exercising Your Rights as a Tenant.” If you stay longer,
after the landlord legally closes down the property, the landlord can
remove you ONLY by going through the courts. See “Lockouts” and
“Eviction.” If the landlord shuts off the utilities, this will have the same
effect as closing down the premises, and the landlord will probably still
be liable in the situations described above. You may be able to get the
utilities transferred to your name or be able to make other arrange-
ments, especially if the landlord has shut off the service in the middle
of a lease term. See “Utility Disconnection.”
The landlord may allow you to transfer to another unit the landlord
owns, although this alone will not forgive liability. Check out the new
place as described in “Selecting Your New Home.” Make sure your
deposit will transfer as well, and negotiate to obtain moving expenses
(by getting one month’s rent free, for example). Get any agreement
in writing. If negotiations break down, get in touch with an attorney
or tenant association and get more advice. In some instances, you
may be able to transfer and still sue your landlord for damages as
discussed above.
Governmental Fines
If a governmental entity such as a city code enforcement office
charges a fine to your landlord, the landlord may not charge you for
the fine unless you or an occupant of the property caused the damage
or condition that led to the fine.
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required on all exterior doors as long as one door - if the dwelling has
French doors, so long as at least one French door - has both keyed and
keyless deadbolts and the rest of the doors have keyless deadbolts.
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SMOKE DETECTORS
Smoke detectors are required by state law and may also be mandated
by local ordinances. For information on whether your community
has adopted such ordinances, consult your local building, fire, or
housing codes. The landlord must install at least one smoke detector
outside of each bedroom. If the same corridor serves several bedrooms,
one smoke detector may be installed in the corridor in the immediate
vicinity of those bedrooms. In an efficiency apartment where the
same room is used for dining, living, and sleeping purposes, the
smoke detector must be located inside rather than outside the room.
If there is a bedroom above the living or cooking area, the detector
must be placed on the ceiling above the top of the stairway.
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against the landlord or you may terminate the lease without court
proceedings. See “Warning.”
To succeed in court, you must be current on all rent due to the landlord
from the time you gave her the first notice. If you or your family or
guests caused the damage to the smoke detector, you must also have
paid to the landlord in advance the reasonable costs of the repair or
replacement of the smoke detector. If you bring court proceedings
against the landlord, you may be entitled to obtain: (1) a court order
directing the landlord to comply with your request (but not in a case
filed with a Justice of the Peace Court); (2) a court order awarding you
damages that resulted from the landlord’s failure to install, repair, or
replace the smoke detector; (3) an award of one month’s rent plus $100
as a penalty against the landlord; and (4) court costs and attorney’s fees.
SECURITY DEPOSITS
The landlord can only deduct damages and charges from the security
deposit for which you are legally liable under the lease agreement, or for
physical damage to the property for which you are responsible. Your
landlord cannot retain part of your security deposit to cover normal
wear and tear. Normal wear and tear means deterioration or damage
that occurs based upon the normal, intended use of the premises and
not due to your negligence, carelessness, accident, or abuse. For example,
the landlord cannot withhold part of your security deposit for worn
carpet, small nail holes, scratches on the sink or countertops, or
fingerprints on the walls. A landlord may be able to deduct for large,
permanent stains on the carpet and pen marks on the walls caused by
you or your guests. Even in these cases, the landlord may not be entitled
to replace all of the carpet or paint the entire house at your expense.
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of the balance of the security deposit, if any, together with a written
description and itemized list of all deductions within 30 days of your
move out (or within 30 days of your giving her your forwarding address
in writing).
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signed statement authorizing that person to receive your refunded
security deposit. If your landlord does not request this information,
you can volunteer it at any time. Upon your death, that person will
be entitled to receive the balance of the security deposit from your
landlord (minus any allowable deductions, including any costs of
removing and storing your property after your death). If you give
your landlord this information and you also give your landlord a
copy of the Property Code section governing this matter, your landlord
will be liable for the actual damages that result from failure to comply
with these requirements.
Hold Deposits
Sometimes people place a deposit on an apartment or house so a
landlord will not lease the unit to anyone else. This deposit is not a
“security deposit” and does not become a “security deposit” unless
that is specified in an agreement between the landlord and the tenant,
for example in the rental application. Rather, this deposit is part of
an agreement (often a rental application) between the landlord and
the depositor that guarantees the depositor will be able to rent the
dwelling and assures the landlord that if the depositor decides not to
sign a lease, the landlord will be able to keep the money. In other
words, if a person puts down a deposit to hold an apartment or
house, that person cannot change her mind in a week or so and
expect the landlord to refund the entire deposit. The amount the
landlord can lawfully keep will depend on the agreement between the
parties, the length of time the depositor took to change her mind,
and the actual damage suffered by the landlord. In addition, a landlord
must refund an application deposit to an applicant if the applicant is
rejected as a tenant. An applicant is deemed rejected by the landlord
if the landlord does not give notice of acceptance on or before the
seventh day after the applicant submits a completed rental application
to the landlord, or on or before the seventh day the landlord accepts
an application deposit if the landlord does not furnish the applicant
an applicant form. A landlord who in bad faith fails to refund an
application deposit is liable in court for $100, three times the amount
of the application deposit, and reasonable attorney’s fees.
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provisions in the lease purporting to modify the above rights and
duties of the tenant and landlord are void. If a landlord violates your
rights under this provision, you will be entitled in court to one
month’s rent, actual damages, court costs, attorney’s fees, and injunctive
relief. A landlord should also not evict, threaten to evict, or fail to renew
a lease because the tenant has been a victim of crime, including the
crime of domestic violence or sexual assault or abuse.
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FINDING OUT WHO OWNS AND MANAGES THE PREMISES
As a tenant, you have the right to know the name and address of the
owner of the premises. You also have the right to know the name and
street address of any property management company that is managing
your house or apartment. The landlord may satisfy her duty of dis-
closure by providing you with a written copy of the information, by
having the information posted continuously in a conspicuous place
in the apartment complex or resident manager’s office, or by having
the information included in your copy of the written lease agreement
or house rules.
If you want to know the name and address of the owner and property
management company for your apartment or house, you should first
see if the information is in your lease or posted in the office. If it is
not, then request the information from the manager. Your notice
need not be in writing unless your written lease agreement requires it
(but it is always better to put the request in writing and keep a copy
for your records). If the landlord fails to provide the information you
requested in one week, you should give her another written notice
that if the information is not furnished to you within seven more days,
you may exercise the remedies provided by the Texas Property Code.
If you were current on your rent when you gave the notices and the
landlord has not complied with your second notice after seven days (or
intentionally gave you incorrect information), you may sue the landlord
for a court order that: (1) requires the landlord to disclose the informa-
tion; (2) awards to you your actual costs incurred in discovering the
information; (3) imposes a penalty against the landlord in the amount
of one month’s rent plus $100; and (4) awards you attorney’s fees and
court costs. You may also terminate the lease agreement without court
proceedings. See “Warning.” You may sue your landlord if she furnished
an incorrect name or address of the owner or property management
company by willfully posting or stating wrong information, or by
willfully failing to correct information known by the landlord to be
incorrect. You may sue your landlord under these circumstances even
if your rent is past due.
DISCRIMINATION
If you believe that your rights have been violated because of your race,
color, religion, sex, disability, having children, or national origin, you
should contact the Fair Housing office in the city where you live or the
Department of Housing and Urban Development (HUD) office in
your area. You can also call HUD’s national number for discrimination
complaints at 1-800-669-9777 or visit HUD’s website at www.hud.gov.
You should also contact your local tenant association or an attorney
for advice. If you file a complaint with a city Fair Housing office or
HUD, you must do so within one year of the violation, they must
investigate the claim and get back to you with their findings. You can
also file a lawsuit in court for damages, fees, and costs, but you must
do so within two years of the violation.
Only the seven groups mentioned above are protected in state and fed-
eral fair housing laws, although your city ordinance may include other
protections, for example, for students, the elderly, or sexual orientation.
A landlord can use any other factor to determine whom they want to
rent to as long as that factor does not have the obvious effect of dis-
criminating against one or more of the groups. For example, a landlord
cannot discriminate against people who wear dresses (this clearly has the
effect of illegal discrimination on the basis of sex). But, a landlord may
use financial history, criminal history, previous rental history, and evic-
tion records to determine whether she wants to rent to a tenant (assum-
ing these factors do not clearly impact one of the protected categories).
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(2) Refuse to let you make reasonable modifications to your
dwelling or common use areas, at your expense, if necessary
for you to use the housing. (Tenants in public and subsidized
housing have additional rights under fair housing laws; for
example, you may not need to pay for reasonable modifications
for your disability.)
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some of the actions outlined in this section. Sometimes these actions
are legal and sometimes they are illegal according to state law (regardless
of what has been put in the lease agreement).
LOCKOUTS
A landlord may prevent you from entering your leased premises only
when your rent is not completely paid (and the landlord follows very
strict rules and promptly allows you back in the premises), in an emer-
gency situation, to conduct a bona fide repair, or when you have aban-
doned the premises. The landlord may not change the locks based on
your failure to pay rent unless the lease says that she can do so and she
has first mailed or delivered a three-day notice that states the earliest
date of the proposed lock-out, the amount of rent owed, a location
where it can be paid, and your right to receive a key to the new lock at
any hour, regardless of whether you pay the delinquent rent. When your
landlord changes your door locks because you are behind on paying the
rent, the landlord must leave another written notice on your front door
describing where a new key may be obtained at any hour and must give
the name and location of the individual who will provide you with the
new key. The notice must state the fact that the landlord must provide
the key to you at any hour (regardless of whether or not you pay any of
the delinquent rent) and the notice must state the amount of rent and
other charges for which you are delinquent. The new key must be pro-
vided to you immediately, regardless of whether you pay the landlord
anything, or the notice must give you a telephone number that is
answered 24 hours a day that you can call to have a key delivered to you
within two hours after calling the number. These rules apply no matter
what any lease agreement might say and even if the landlord is closing
down the premises. The landlord CANNOT remove a door, window,
lock, doorknob, or any other appliance furnished by the landlord
because you are behind on the rent, unless the removal is for repair or
replacement (in which case, a lock, doorknob, or door should be
repaired or replaced before nightfall). The landlord also cannot prevent
you from entering a common area of the rental property.
If the landlord changes the door locks without giving you the required
notices or without providing a new key or removes a door or other
item improperly, you may terminate the lease or recover possession of
the premises. In either case, you may also recover actual damages, one
month’s rent plus $1,000, plus reasonable attorney’s fees and court
costs, less any past due rent owed by you as the tenant.
To get back in, you should contact the manager, management com-
pany, or owner for a new key. If your landlord refuses to give you a
key, you can go to the Justice of the Peace Court in your area and
request a “writ of reentry” which will order the landlord to provide
you with a key to your house or apartment.
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UTILITY DISCONNECTION
If you have questions about your landlord’s billing methods for subme-
tered or master-metered electric services, you have the right to inspect
your landlord’s billing from the utility company for the current month
and preceding 12 months, as well as the calculation of the average cost
per billing unit (kilowatt hour) for the current month and 12 preceding
months used in assessing tenant billings. If you have a dispute with your
landlord about any bill, your landlord must immediately investigate
your complaint and report to you her findings within 30 days. If you
are dissatisfied with the results of the investigation, your landlord
must inform you of the PUC complaint process and give you the
address and telephone number of the PUC’s Office of Consumer
Protection (1-888-782-8477; PUC - Customer Protection, P.O. Box
13326, Austin, TX 78711-3326).
30
one month’s rent or $500, plus reasonable attorney’s fees and
court costs, less any past due rent owed by you as the tenant.
31
takes property (valued at market prices) worth significantly more than
the rent owed, you may have a wrongful seizure suit. The landlord also
cannot take property for any other charge. Government-owned or gov-
ernment-subsidized housing programs generally forbid landlord’s liens.
The following types of property are exempt and cannot be taken by the
landlord under any circumstance, unless the property was abandoned:
1. Clothing;
2. Tools, equipment, and books of the tenant’s trade;
3. School books;
4. One automobile and one truck;
5. Family portraits and pictures and the family library;
6. One couch, two living room chairs, one dining table and chairs;
7. All beds and bedding;
8. All kitchen furniture and utensils, including a tenant’s deep-freeze
and microwave;
9. Food and foodstuffs;
10. Medicine and medical supplies;
11. Anything the landlord knows belongs to someone else not living
in the leased premises;
12. Anything the landlord knows was purchased on a recorded credit
arrangement that has not yet been paid for;
13. All agricultural implements; and
14. Children’s toys not used by adults.
The landlord must give you at least 30 days advance notice of the sale
by certified and regular mail to your last known mailing address;
indicate the time, date, and place of the sale; and provide an itemized
account of the rent owed and the name of the person to contact for
information. You are allowed to redeem the property prior to the sale if
you pay the rent owed and the reasonable packing, moving and storage
charges (if these charges are also specified in the lease). At the sale, the
property is sold to the highest cash bidder. It is usually a good idea to
go to the sale to make sure it is done properly. You are allowed to go
to the sale and purchase your own property. The landlord must take the
money she receives from the sale and apply it to the rental account.
As the tenant, you are entitled to any remainder. The landlord must
give you an accounting within 30 days of your request.
If the landlord willfully violates this law, you may recover the greater
of one month’s rent or $500, return of any property not sold or pro-
ceeds from the sale, plus actual damages, and reasonable attorney’s
fees, less any past due rent. If the sale was conducted improperly, you
may also have a claim against the landlord for a violation of the
Deceptive Trade Practices - Consumer Protection Act. Contact an
attorney or a tenant association for more details.
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statement authorizing that person to access your unit in the presence
of a landlord representative and remove your personal property. If your
landlord does not request this information, you can volunteer it at any
time. See also “Security Deposits.”
If you are the sole occupant of your unit, your landlord has the right
upon your death to remove and store your personal property. Your
landlord must turn over your property to the person designated by you
(or if you have not yet designated someone, a person who is lawfully
entitled to your property), but the landlord may require the person
taking your property to sign an inventory. Your landlord may dispose
of your property 30 days after sending notice by certified mail to
your designated person to pick up your property if the designated
person does not contact your landlord and does not take possession
of your property.
If the landlord provides you a copy of the Property Code section gov-
erning this matter and you fail to provide the required information,
the landlord will not have any responsibility for your personal property
after your death. If you give your landlord this information and you
also give your landlord a copy of the appropriate Property Code section,
your landlord will be liable for the actual damages that result from the
failure to comply with these requirements.
SUBLEASING
Unless the lease allows it, a tenant may not sublet (rent the house or
apartment to another person) without the written consent of the
landlord. If a tenant sublets the house or apartment without the consent
of the landlord, the landlord may evict the subtenant and sue both
the subtenant and the original tenant for any damages caused by the
subletting arrangement.
If the lease does permit you to sublet your place, subletting can still
be complicated. Unless the subtenant and the landlord sign a lease
agreement with each other, you will become the landlord of the new
tenant. For example, your subtenant will have to request repairs to
the apartment from you. You will then have to request the repairs
from your landlord. Moreover, you remain liable to your landlord for
the rent. So, if your subtenant stops paying rent, you will have to pay
rent to your landlord and attempt to seek reimbursement from your
subtenant. You will also be liable to your landlord for any damage
done by your subtenant. If you must move out of your apartment,
you should attempt to get your landlord and the person moving into
your apartment to agree to a lease between each other. You should
have your landlord release you in writing from any further liability
under your lease. This will avoid the undesirable situation where you
are stuck in the middle between your landlord and your subtenant.
33
COTENANCY
You should also be careful about sharing a rental property with another
tenant with whom you are not familiar. Even if both of your names
are on the lease, the landlord will generally view you and your roommate
as one tenant for the purposes of the lease, and each of you will be
fully liable for the obligations under the lease, unless your lease specifies
otherwise. For example, if your cotenant moves out of the premises,
the landlord may hold you responsible for her share of future and past
rent owing. Also, if you and your cotenant have a disagreement, your
landlord probably cannot lockout, evict, or remove that person from
the lease on that basis alone. As a cotenant, you can request the landlord
change the locks at your expense; however, the landlord will have to
give the new key to any other tenant on the lease.
EVICTION
(1) The landlord must first give you a written notice to vacate at
least three days before a lawsuit is filed to evict you. (The lease
agreement may legally shorten or lengthen the time period for
the notice to vacate.) At this stage, there has been no filing in
court. Because eviction court records are public documents
and are used by many landlords to screen potential tenants,
it may be best to attempt to negotiate a reasonable solution
to your dispute before the landlord files a lawsuit. [A tenant
in Section 8, government-owned or government-subsidized
housing is usually entitled to longer notice periods, as well
as an administrative hearing (called a “grievance hearing” or
a meeting with the landlord) before any of these eviction
procedures can begin, unless the allegations include drug or
violent criminal behavior.]
34
(2) If you fail to move out before the deadline in the notice to
vacate, the landlord may file a written complaint with the
appropriate Justice of the Peace Court (called a forcible entry
and detainer or “FED” lawsuit). The complaint must state
the specific reason the landlord has for terminating your right
to possession, contain a complete description of the property
from which you are to be evicted, and the landlord must
swear to the contents of the complaint. The landlord may
also ask the court to award her back rent, court costs, and
attorney’s fees (if she is represented by an attorney). The
Justice of the Peace Court should not consider other damages
(such as late fees) claimed by the landlord in an eviction case.
The landlord will be entitled to court costs—that is, the
amount the Justice of the Peace charges the landlord to file
the lawsuit–if the landlord wins. If the landlord wins and is
represented by an attorney, the landlord can recover attorney’s
fees from you only if the lease provides for attorney’s fees, or if
the landlord sent to you at least 10 days before the date the suit
is filed via certified mail, return receipt requested or registered
mail a notice to vacate that demanded that you vacate before
the 11th day after the date of the receipt of the notice and
warned you about the possibility of having to pay her attorney’s
fees. If the landlord is entitled to collect attorney’s fees as
described above and an attorney represents you, then you
may obtain attorney’s fees if you win.
(3) After the case is properly filed, the court will serve you with
an official notice and a copy of the court papers advising you
of the date and time that you must either appear in court or
file an answer (or response) to the eviction lawsuit. The
papers you receive should notify you in English and Spanish
that you may call the State Bar of Texas at 1-877-9TEXBAR
for help locating an attorney, and that you may be eligible for
free or low-cost legal assistance if you cannot afford to hire an
attorney. In many areas in Texas, the Justice of the Peace will
simply set a trial date for the eviction case, usually within six
to ten days, but sometimes sooner. In other areas, you will
first have to answer the eviction lawsuit either orally or in
writing by a deadline (for example, by 10 a.m. on the seventh
day after receipt of the eviction citation) at which time the
court will give you a trial date. You should carefully read the
documents from the court to know and understand your
deadlines. If you have a deadline to answer the eviction lawsuit
and you do not do so, you will lose the case by default. You
can contact the Justice of the Peace Court to find out how it
handles the cases. If the official serving the court papers cannot
find you, they may leave them under the door or tack them
to the door. A constable or sheriff usually serves the papers.
MAKE SURE YOU COMPLETELY READ ALL OF THE
PAPERS. Call an attorney, tenant association, or the court if
you have any questions or desire to contest the eviction. If
you and your landlord work something out before the trial
35
date, make sure the landlord calls the court to dismiss the
case. If the landlord has not dismissed the case, you should go
to court to make sure the case gets dismissed.
(5) You and the landlord must appear on the date set for trial in the
Justice of the Peace Court to present evidence. The trial date
is usually held between 6 and 10 days of receiving the court
papers, or, if you are required to answer the lawsuit, a few
days after you submit your answer or response to the court.
It is very rare for the Justice of the Peace to postpone the trial
unless both parties agree to the delay. Both parties have the
right to present their side of the case, including witnesses,
receipts, cancelled checks, photographs, and any other evidence
that may support their position. You may have the case decided
by a jury by paying $5.00 within five days of receiving the
eviction papers. Requesting a jury is sometimes a good idea
since some of the jurors may be tenants themselves, and they
may more fully understand what it is like to be a tenant. You
are not required to be represented by a lawyer at the Justice
of the Peace Court hearing but may be if you so choose.
(6) If the judge or the jury finds that you should be evicted, the
judge will issue a judgment against you, and, if you do not
appeal that judgment in five days, the landlord can request the
judge to issue a “writ of possession” that allows the constable
or sheriff to physically evict you. The writ cannot be issued
until the sixth day after the Justice of the Peace signs the
judgment (counting weekends and holidays). Also, a writ of
possession can only be issued if you do not appeal the deci-
sion of the judge by the fifth day after the judge’s decision.
See “Appealing an Eviction Case” below. If you do not attend
the hearing, you will lose the case by default. Once a writ of
possession is obtained, you will be given 24-hours notice that
a constable or sheriff will supervise the removal of all persons
and property from the premises. The officers cannot execute
a writ of possession if it is raining, sleeting, or snowing.
36
Because constables and sheriffs usually do not work on week-
ends or holidays, writs are not typically executed then.
(7) If you lose your eviction case in court, the landlord can still
let you stay in the premises. For example, the landlord may let
you stay if you pay back rent and court costs before the six days
are up. Warning: Unless you get a signed, written agreement
from the landlord saying the judgment from the court is void
(or that she will never enforce the judgment) and file it with the
Justice of the Peace Court, the landlord can evict you anytime
without another hearing or any grace period (as long as it is
the sixth day or longer after the hearing and you have not
appealed the decision of the judge). The landlord will not
need any reason and could conceivably evict you even if you
pay back rent. Therefore, if the landlord will not sign an
agreement to dissolve the judgment (or promise never to
enforce it), it might be better to move.
[Note that if you are a tenant renting a lot for your mobile home, the
court must give you 30 days to move your mobile home so long as you
pay the rent for 30 days to the landlord. This is true even if you owe
rent for previous months. This law was designed with the recognition
that it is difficult to move a mobile home in a short time. If you do pay
the landlord, be sure to get a receipt and provide a copy to the court to
confirm that the court will not issue the eviction writ until after the
30 days expire. You should do this soon after the judge rules against you
and certainly by the fifth day after the date the judgment was issued.]
37
court in the place of a bond. The appealing party must also pay court
costs for filing the appeal in County Court. If you win in County
Court, you will receive the bond back and will be entitled to the
court costs from the landlord. If you lose, the landlord will be able to
apply for some of the bond money, depending on her costs for
obtaining possession and any lost rent.
If you have very little money, low income, and limited personal prop-
erty, you can appeal by filing a pauper’s affidavit instead of posting a
bond and paying court costs. A pauper’s affidavit is a document
signed by you that swears you do not have enough money to make
bond or pay costs. The Justice of the Peace Court must make available
to you an affidavit that you may use that meets the requirements for
a pauper’s affidavit (including, for example, your name, the amount
of your and your spouse’s various forms of income, the amount of
available cash in your checking and savings accounts, the property you
own, your debts and monthly expenses, and the number and age of
dependents you have). The document must be notarized (sometimes
the Justice of the Peace clerk will do this for you) and filed with the
Justice of the Peace Court on or before the fifth day after the Justice
of the Peace makes a decision in your case. A landlord can contest the
affidavit and force you, at a hearing with the Justice of the Peace, to
prove inability to pay. If you lose this “financial hearing,” you have
five days to either post a regular bond with the Justice of the Peace
Court, as described above, or appeal this decision to the County Court.
If you appeal the decision of the Justice of the Peace to deny your
pauper’s affidavit, the County Court will set a hearing to consider
your evidence that you cannot afford the bond. If the County Court
does not approve your pauper’s affidavit, you can remain in possession
of the unit only if you file an appeal bond within five days of the
County Court judge’s decision.
If the appeal papers are properly filed, you can stay in the premises
during the appeal. However, if you have filed a pauper’s affidavit, as
described above, and the landlord has claimed you violated the lease for
nonpayment of rent, you must deposit a one-month rental payment
with the court within five days of filing the pauper’s affidavit with the
Justice of the Peace. After that, you must continue to deposit monthly
rental payments with the court wherever the case is, but usually the
County Court, within five days of the due date under the lease until the
trial date. If a portion of your rent is payable by a government agency
(for example, in the case of public housing, subsidized housing, or a
Section 8 rental voucher), the Justice of the Peace should determine
and note in the judgment the portion to be paid by the government
and the portion to be paid by you. If the judge does not correctly
determine these amounts, within five days of the court’s judgment,
you must contest in writing the amount incorrectly determined by
the court so that you only have to pay your correct portion of the rent
to the court. If you fail to make these monthly rental payments to the
court, the County Court, after a hearing, may issue a writ of possession
to have you removed from the residence pending trial, and you may
be responsible for the landlord’s reasonable attorneys’ fees in filing a
motion regarding your failure to pay rent to the court.
38
No matter who appeals the case, a tenant must also file a written
“answer” either in the Justice of the Peace Court or in the County Court
within eight days of the case being assigned to a County Court. An
answer is a written document that may state your defenses to the suit
but can merely be a short statement listing the parties, the case number,
and stating that you generally deny the statements made by the land-
lord. It does not have to be fancy or have legal terms to be valid. If an
answer is not filed, you can lose the eviction case without having a trial.
BY AGREEMENT
A landlord and a tenant can agree to change or completely terminate
a lease at any time. If you have an agreement, be sure you reduce it
to writing and have the landlord sign the agreement. This method is
especially useful to avoid having a suit filed against you for rent or a
claim placed on your credit report. Often, tenants have to move prior
to the end of their lease but do not have a legal excuse, and this
method (landlord-tenant agreement) resolves the problem without
risk or worry. See “Consequences for Terminating Without Excuse.”
Month-to-Month Terminations
Unless otherwise specified in your lease, either the landlord or you
may terminate a month-to-month tenancy for ANY reason (except to
retaliate or discriminate) by giving one month’s advance notice. For
example, if you get into a disagreement with your neighbor after he
has a party late at night and you call the landlord to complain, the
landlord could ask you to move in 30 days. Although the landlord
39
would not be acting wisely, the landlord could legally terminate the
month-to-month lease (or fail to renew your lease at the end of the
term). If you failed to move, the landlord would probably succeed in
an eviction case.
If you pay rent more than once a month and your lease does not specify
when the notice to terminate must be given, it is sufficient to give a
termination notice equal to the interval between rental payments.
For example, if you pay your rent weekly, you or your landlord need
give only one week’s notice in order to terminate the tenancy. A written
notice is not necessarily required but is strongly encouraged.
40
this practice may legally change the due date of your rent, unless the
landlord gives you advance notice that these payments will be con-
sidered grounds for termination. Therefore, a court might rule for
you in an eviction case, even though you violated the original lease
provision. A court may also rule for you when paying late if the lease
provides for late fees and you offered to pay the rent and the late fees
(or at least a reasonable fee). See “Rent and Late Fees.” However,
many judges believe that the landlord has the sole discretion of
whether to accept late rent after a notice of termination or a notice
to vacate has been issued by the landlord.
If the landlord sells or transfers the property, the new owner is obli-
gated to honor your lease and any other agreement you made with
the old owner or management. However, if the property is foreclosed
on by a bank or some other entity, the new owner is not obligated to
honor your lease (or other agreement), but they must give you at least
30 days written notice to vacate as long as you are current on your
rent. You are considered current on your rent if, during the month of
the foreclosure sale, you pay rent for that month to the landlord
before receiving any notice that a foreclosure sale is scheduled, or you
pay rent for that month to the purchaser no later than the fifth day
after the date of the receipt of a written notice of the name and
address of the purchaser that requests payment. If you receive notice
that your landlord is about to be foreclosed on and someone else is
demanding you pay them rent or vacate, consult a lawyer or tenant
association for advice.
A landlord may terminate if you fail to pay rent on time, violate the
rules, or fail to act according to other lease provisions. Most landlords
only terminate your right to possession and still require you to com-
plete the obligation to pay rent. However, even if the landlord termi-
nates the lease (or your right to possession), you still have the right to
dispute the landlord’s decision and stay in your house or apartment
and demand a judge or jury make the determination. The landlord
cannot physically remove you from the premises unless an eviction
suit has been properly filed and a final judgment and writ of possession
have been issued against you.
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CONSEQUENCES FOR TERMINATING WITHOUT EXCUSE
If you do not have a legal excuse for terminating early (or the land-
lord legally terminates your right of possession), you can be held
responsible for the remaining rental payments under the lease. This
is the maximum potential liability for rent for premature termination.
You can also be liable for damages to the property, and also reasonable
cleaning fees if authorized in the lease. If you move out early and
your deposit is too small to cover these charges, the landlord may
pursue other actions to collect the funds and will often report these
charges to credit agencies if collection efforts prove unsuccessful. If you
want to terminate your lease early, you should try to work something
out with your landlord. If you make a deal, get the agreement
(referred to legally as a release) in writing to prove you are no longer
responsible under the lease. In any case, you should at least give the
landlord notice of your intentions to leave because you should receive
credit for any rents collected on your place after you move out and
another tenant has replaced you. Giving notice may enable the landlord
to find another tenant before you actually move out. Your landlord
has the duty to mitigate damages if you abandon your residence in
violation of your lease. You can also find someone else to rent your
place to practically eliminate your liability, as long as the landlord finds
him or her acceptable. However, landlords can charge you a reasonable
“reletting fee” for having to prepare the dwelling for reletting and
having to redo paperwork. The reletting fee must be a fair amount to
cover actual expenses and cannot be unfairly inflated (you cannot be
“penalized” for breaking a lease). If a new tenant is not found, a land-
lord can charge you only for the total rent owed under the rest of
your lease (and cannot also charge you any reletting fee or other
termination fee). If you do move out early, with or without an agree-
ment, follow the advice outlined below. This may avoid additional
penalties being assessed.
MOVING OUT
When you get ready to move out at the end of the lease, you should
give your landlord a written copy of your forwarding address. It is
always better to supply a local address to your landlord. Your forward-
ing address can be the address of your attorney, a family member, or
someone else acting as your agent. Always leave the place clean and
personally return the keys. The landlord may be able to charge you
for each day that you have the keys. Take pictures or videotape the
residence, have witnesses walk through the place, and ask the land-
lord or manager to walk through as proof of the condition of the
place when you left. Also, ask the landlord if there is any damage she
plans to charge to you. Make a list as you go and get the landlord to
sign the list. You have the right to repair or remedy these things your-
self. If you disagree with the landlord, try to negotiate in person and
in writing. If the landlord will not walk through the place with you
(or sign the list), send her a letter requesting a walk through again
and state that she would not agree to walk through the place with you
or sign the list. Keep a copy of the letter yourself. Later, if the land-
42
lord makes deductions from your deposit for repairs that you would
have completed yourself (at a lower cost), you have a basis to dispute
the amount of the deductions. See “Security Deposits.”
MOBILE HOMES
This handbook was written for residential tenants that are renting a
dwelling. If you are renting a mobile home and a lot, the rules and
advice in this brochure are applicable to you in the same way that
they apply to tenants who rent apartments or homes. However, if you
are just renting a lot or plot of land from a landlord and you own the
mobile home on that lot, this handbook is not complete. While
many similar rules and principles do apply to mobile home lot
tenants, there are many other rules that are not mentioned in this
handbook that protect these tenants. For example, your lot landlord
must offer you an initial lease term of at least six months. Regardless
of the term of your lease, the landlord must generally provide you
60 days’ notice before the lease expires if she is not going to renew it.
However, if the landlord chooses not to renew a lease agreement
because of a change in the land use, she must give you 180 days’
notice before the change in land use. Also, if you are behind in rent
and your landlord wants to evict you for this, she has to give you
written notice of the delinquency, and you have ten days from that
notice to pay your delinquent rent and avoid eviction. In addition, if
a judge rules against you in an eviction case, the judge may not issue
a writ of possession (to remove your mobile home from the lot)
before the 30th day after the date of the judgment if you pay the rent
amount due for that 30-day period. These rules and more are described
in Chapter 94 of the Texas Property Code which you may find at a
public library or online at http://tlo2.tlc.state.tx.us/statutes/pr.toc.htm.
Another online resource for mobile home lot tenants can be found at
http://www.texaslawhelp.org.
43
For Additional Copies Please Contact:
Public Information Department
State Bar of Texas
P.O. Box 12487
Austin, Texas 78711-2487
(800) 204-2222, Ext. 1800
www.texasbar.com
37250 9/09