Jan. 1, 1984. Code Ann., 92.008. Are you looking for the best neighborhood in Houston, TX? (a) The landlord or the landlord's agent may not seize exempt property and may seize nonexempt property only if it is authorized by a written lease and can be accomplished without a breach of the peace. The Fair Housing Act prohibits discrimination against tenants on the basis of race, color, national origin, religion, familial status, sex, or disability. All Rights Reserved. One example of this is when a landlord is selling the property. A lease is an agreement to transfer the right of possession from a property owner to a tenant. You can either sell the house to a willing tenant or proceed and sell it to someone else, as long as you dont tamper with the existing tenancy agreement. In most cases, the failure to disclose to both parties will come back to haunt you. ENFORCEABILITY OF CONTRACTUAL PROVISIONS. However, the legal consequences can be rather complicated. Normally, the amount of a security deposit is set at one month's rent, but it's not mandatory to set it at that amount. Before informing your tenants of your intent to sell, choose one of these five options when handling a tenant with a fixed-term lease: 1. The whole selling and listing process goes better with the right industry experts helping with everything from showings to arranging for the proper documents involved. There's no specified amount of notice, so the landlord might choose one they feel comfortable with. However, many disputes do not reach court and are settled between the landlord and tenant. However, if a new owner is coming and they need to vacate the property, they can leave it as it is. The best way to go about it is first to understand your rights (as a landlord) and your tenants rights. 54.021. State of Texas | Statewide Search | Report Fraud in Texas | Texas Statutes, Site Map | Library Policies | Accessibility | Employment Opportunities, 205 West 14th Street, Austin, Texas 78701-1614. Texas Real Estate Commission Information About Brokerage Services, Texas Real Estate Commission Consumer Protection Notice. Learn the basics all landlords need to know before collecting a rent in our guide! (d) If the tenant has abandoned the premises, the landlord or the landlord's agent may remove its contents. After all, the real estate sector is one of the most lucrative markets out there, and as an investor, its all about making moolah. 92.331-92.335. Residential lease contracts have a 4-year statute of limitations. 576, Sec. If a final judgment is rendered against a defendant who has replevied property seized under a distress warrant, the sureties on the defendant's replevy bond are also liable under the judgment, according to the terms of the bond. Since this was the lease that they signed, the new owner is legally obligated to follow it. Landlord-tenant laws are the foundation of a proper lease agreement, and they have to be followed if all parties want to maintain a good relationship throughout the lease period. 305, Sec. We are investors and problem solvers who can buy your house fast with a fair all-cash offer. Basically, their requirements make more specific housing standards. You can sell your rental house to either the current tenants or another property buyer so long as you honor the lease agreement the current tenants are under. If they fail to meet any other obligations as stated clearly in the lease agreement, then that, too, can be grounds for filing for eviction. In the worst cases, you might get hit by both at the same time. The Texas Low Income Housing Information Service does not provide individual assistance to tenants but their website does provide information on tenants' rights, how to fight back, and prevention. Some landlords prefer oral agreements, but it is more common for them to require your signature on a written lease. Its about time the internet had a single place with all of the most up-to-date information from leading experts in property management, investing and real estate law. If they do not, Texas tenants have the right to make the necessary repairs themselves and deduct the cost from future rental payments. If a landlord or the landlord's agent wilfully violates this subchapter, the tenant is entitled to: (1) actual damages, return of any property seized that has not been sold, return of the proceeds of any sale of seized property, and the sum of one month's rent and $1,000, less any amount for which the tenant is liable; and. The guide available at the link below is a comprehensive guide put together by attorney Judon Fambrough for the Texas A&M Real Estate Center. Texas tenants may legally break a lease early for the following reasons: Texas tenants who break a lease may be liable to pay the remainder of the original lease agreement. For those with a fixed-term lease agreement, it's easier for the landlord to wait until the lease term is up to begin with. It will also give them enough time to consider terminating their lease agreement (if they want to). Thankfully, Texas is one of those states with some really good laws in place to protect landlords like you. 91.001 to 92.355), the Texas landlord-tenant laws involve the rights and responsibilities that both landlords and tenants have regarding a rental agreement (also known as a lease agreement). AGRICULTURAL LANDLORD'S LIEN. The landlords must wait 7 days then provide a 5-Day Notice to pay. You need to inform tenants of your intention to sell the property that they are renting from you right now. While the legal recommendation is 30 days, this amount can be modified. (a) If an advance or rent is unpaid, a tenant may not without the landlord's consent remove or permit the removal of agricultural products or other property to which the lien is attached from the leased premises. DURATION OF LIEN. LIEN. The landlord may not charge you for normal wear and tear on the premises and may only charge for actual abnormal damage. Most of these landlord-tenant laws can be found online by simply searching for your state. 92.153. Generally speaking, you have the right to do so. Jan. 1, 1984. Simply list the property and sit back with a cup of coffee the buyer will come. It covers information many tenants and landlords will find useful. There are no state laws about rent control measures like in New York , so landlords can charge as much as they want without any issues. PROPERTY TO WHICH LIEN ATTACHES. Most importantly, you can turn your property into cash in your hands in as fast as 24 hours in some cases. These documents also help settle any legal issues that may arise in the future, so it's important that landlords keep them as clear and detailed as possible. 54.004. 1, eff. Both you and the landlord should then initial the change. This information involves names, addresses, and general contact information. However, its a whole different thing when it comes to selling an occupied house. If the owner or any agents come onto that property without consent, theyre trespassing. David is the co-founder & CMO of DoorLoop, a best-selling author, legal CLE speaker, and real estate investor. A landlord of a single or multifamily residence has a lien for unpaid rent that is due. This covers lock systems, bolted doors, and window locks. By being aware of all the tenant's rights, the landlord can avoid serious legal trouble. When he's not hanging with his three children, he's writing articles here! At Four19 Properties, we buy houses in Texas even if tenants continue to live in it. REMOVAL OF PROPERTY. DURATION OF LIEN. If you do not follow these laws, you are vulnerable to legal action by the tenants. Repairs damages that are not considered normal wear and tear. In Texas, a landlord must provide three days' notice to vacate a property before filing for eviction when there's been a breach of lease or nonpayment of rent, and the landlord isn't required to keep the tenant on if the breach is corrected. If there are no laws about relocation in your city or state, the landlord and tenant can make their own agreement. The right real estate brokerage firm in Houston can help. (2) who has jurisdiction of the cause of action. 48, Sec. Landlords in Texas are free to include specific criteria in their documents as long as they follow Texas law. 3131), Sec. As mentioned briefly before, one of the most important factors when it comes to selling an occupied property is the law. A lien under this subchapter does not attach to: (2) tools, apparatus, and books of a trade or profession; (6) one couch, two living room chairs, and a dining table and chairs; (13) children's toys not commonly used by adults; (14) goods that the landlord or the landlord's agent knows are owned by a person other than the tenant or an occupant of the residence; and. You have to let them know in advance since showings, repairs, upgrades, and inspections are going to impact their life. 9, eff. You should check your rental agreement to see if it requires you to give the landlord advance notice that you are moving. Copyright 2022 Keyrenter Houston. Sec. If the terms of this notice are not met, the landlord may shut off the utility. Note: These rights exist regardless of a rental agreement stating otherwise. 576, Sec. Thank you! 92.058. Except under certain circumstances and subject to certain conditions, a landlord may not interrupt utilities to a tenant unless the interruption results from bona fide repairs, construction, or an emergency. As a landlord looking to sell your house, you need to understand that change of ownership doesnt change the lease agreement terms. If you want to sell your rental house that has tenants in it in Houston, Texas, then there are several ways you might be able to go about this. If agricultural products to which the lien is attached are placed in a public or bonded warehouse regulated by state law before the 31st day after the day that they are removed from the leased premises, the lien exists while they remain in the warehouse. For example, many standard leases prohibit pets, but your landlord may be willing to accept a pet if you put down extra money as security. Each agreement has a particular set of rules and responsibilities for all parties involved. Once youre done with the sale and the ownership of the property has switched hands, thats when the tenants can now start paying rent to the new owner if the owner agreed to buy the property with renters in it. Of course, you may not disturb other tenants either. Be sure that your rent is current when the notice is received. Here's an overview of both tenant and landlord rights and responsibilities in Texas. Of course, you may not disturb other tenants either. Your submission has been received! Their website has resources that are helpful to all Texans looking for information on landlord/tenant law. This very much depends on the personal relationship between the tenant and the landlord. Required fields are marked *. The landlord must also provide smoke detectors. Your submission has been received! Sec. If the landlord fails to do so, then the tenant has the right to seek legal counsel. The information is organized in a convenient question and answer format. Also available are several different types of fill-in-the-blank rental forms. However, most landlords in Texas tend to charge late fees to motivate tenants to pay rent on time. If the landlord withholds part or all of your deposit, they must give you an itemized list of deductions with a description of the damages. If you cannot resolve the problem satisfactorily, you may wish to consult an attorney. (b) The application for a warrant must be filed with a justice of the peace: (1) in the precinct in which the leasehold is located or in which the property subject to the landlord's lien is located; or. Oops! They simply have to give proper notice after the property sale. You can also contact the Better Business Bureau or your local tenants council. (d) Any sale proceeds remaining after payment of the amounts authorized in Subsection (c) of this section shall be mailed to the tenant at the tenant's last known address not later than the 30th day after the date of the sale. 576, Sec. If a landlord is not returning the full amount of the security deposit, they must draft an itemized list of repair costs. If the landlord won't make repairs needed to protect your health, safety, or security, and you follow the procedures required by law, you may be entitled to: 92.056 and 92.0561. This guide was created in order to provide information about Texas landlord/tenant law and answer the frequently asked questions that we receive at the library. More info can be found here. Contact them for additional information. If you want to have the mold removed (and the landlord is refusing to remove it), you must either: (1) get a court order requiring the landlord to remove the mold, or (2) follow the repair and deduct rules in Texas Property Code 92.0561 that, for example: limit the rent deduction for the cost of repair in any given month to the greater of one . 1061 (H.B. Before making any transaction, there are tons of laws that need to be considered. Acts 1983, 68th Leg., p. 3561, ch. 54.042. Article from Nolo that discusses the basics of landlord and tenant law in Texas. COMMERCIAL BUILDING. This 2016 report from the Texas A&M Real Estate Center discusses manufactured/mobile home communities and chapter 94 of the Property Code. To get the help you can use, contact a property management company in Houston for help with Texas law about when a landlord sells the property during lease agreements that are active. However, that doesn't absolve them of the responsibility to keep paying you rent. Your rights as a tenant include the right to "quiet enjoyment," a legal term. Learn more about selling an occupied house. Mold & Renter's Rights in Texas This article from TexasLawHelp.org provides information on what a landlord is responsible for when it comes to mold. 1198 (S.B. Topics include required disclosures, security deposits, late fees, withholding rent and termination and eviction rules. This page from the People's Lawyer provides a plain English discussion of tenants' rights when the rent has not been paid. The tenant agrees to pay a certain amount of money for an agreed time period to live on the property. Tenants who feel discriminated by their landlord in any way can file awritten complaint. However, in other cases, the landlord must consider the tenant's rights before making a decision. 200, Sec. The Austin Tenants' Council provides telephone counseling, mediation services, in-house counseling, housing discrimination assistance, and lease forms. Once a property sells, there is a chance that the tenant will have to relocate. The lien attaches to nonexempt property that is in the residence or that the tenant has stored in a storage room. 54.005. But, of course, your property is your investment, and you can use it however you wish, as long as youre not breaking any law. You have to let the tenants with an active lease know that you are trying to sell the property, and you must also inform prospective buyers that there is an active lease in place that they would be overtaking. The right to cancel the lease or evict could be due to state or local law, or the Lease Agreement. Instead, Texas works on a very open-ended warranty of habitability which only requires landlords to make repairs to existing amenities that materially affect the health or safety of an ordinary tenant. The only exception to this is hot water and smoke detectors, which must be readily available at all times. Most landlords will allow tenants to sublease an apartment to take over this obligation. The Texas Department of Housing and Community Affairs handles issues relating to housing discrimination. Youll need to let your buyers know of the presence of a tenant and let your tenant know your intentions of selling the property. 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