Top 30 Most Frequently Asked Questions 1. What is a reletting charge? A reletting charge is a fee, which is not to exceed 85% of one month's rent. It can be charged if you: a) fail to give written move-out notice as required b) move out without the manager's written approval and without paying rent in full for the entire lease contract c) move out at the manager's demand because of your default or d) are judicially evicted. The reletting charge is not a cancellation fee and does not release you from obligations under the lease contract. 2. If my roommate moves out early am I still liable for the entire amount of rent? If you'll be sharing the rent with a roommate, make sure you both understand your responsibilities. If you both sign the lease, each of you will be responsible for the full amount of the rent if the other does not pay. If your roommate moves out before the end of the lease, you'll still be responsible for all the rent. If you need to find another roommate to help with expenses, your new roommate will need to be approved by the property owner, and you may need to sign a new lease or a lease addendum. 3. Can I withhold rent when maintenance repairs are not taken care of? It is a state law that a resident cannot withhold rent for non-repair. The owner has a right to evict for non-payment of rent. 4. Can I be locked out of my apartment for non-payment of rent? The Texas Civil Statute, Section 92.0081, states that the landlord clearly has the right to change the door locks on an apartment unit if the rent is delinquent. However, they have to first notify the resident at least three days before the locks are to be changed. After the lock-out the owner must leave notice where the key can be obtained 24 hours a day. They cannot deny the resident access to the apartment. 5. Can I still be held liable for my lease if I am being transferred by my job? Yes. Unless you have a transfer clause in you lease, you can be liable for the remainder of the rent through the end of your lease or until the apartment is rented to another occupant. 6. Can the manager take items from my apartment for non-payment of rent? Section 54.041 of the Texas Civil Statute states that non-exempt items can be held providing that the clause is in the lease. It must also be either underlined or in bold print. If you have this clause in your lease, the management may seize property that is non-exempt by statute and hold it until the rent is paid. 7. Can the management enter my apartment when I am not at home? There are a number of reasons why property managers or maintenance staff may need to enter your apartment, and it could be very inconvenient for you if you always had to be home and available when these circumstances arose. If you signed a TAA Lease Contract, you've given permission to the apartment management and/or maintenance personnel to enter your apartment when you are not there for: • responding to your request • making repairs or replacements • estimating repair or refurbishing costs • performing pest control or doing preventive maintenance • changing filters • testing or replacing smoke detector batteries • retrieving unreturned tools, equipment, or appliances • preventing waste of utilities • exercising a contractual lien (removing your non-exempt belongings if you haven't paid the rent) • leaving notices • delivering, installing, reconnecting, or replacing appliances, furniture, equipment, or security devices • removing or re-keying unauthorized security devices • removing unauthorized window coverings • stopping excessive noise • removing health or safety hazards (including hazardous materials), or items prohibited under our rules • removing perishable foodstuffs if your electricity is disconnected • removing unauthorized animals • cutting off electricity according to statute • retrieving property owned or leased by former residents • inspecting when immediate danger to person or property is reasonably suspected • allowing persons to enter as you authorized in your rental application (if you die, are incarcerated, etc.) • allowing entry by a law officer with a search or arrest warrant, or in hot pursuit • showing apartment to prospective residents (after move-out or vacate notice has been given) • showing apartment to government inspectors, fire marshals, lenders, appraisers, contractors, prospective buyers, or insurance agents • Under the TAA lease, the management must leave notice of entry inside your apartment indicating that a management representative entered the apartment, and why he or she was there. If you are at home when the management wishes to enter the apartment for any reasonable reason, the management must ask to enter peacefully and at reasonable times. 8. I would like to know exactly when, how much and how often a rental increase can be given?. Also, is there a ceiling on the amount of any given increase? If so, what is the highest amount? Under the terms of the TAA lease, no rental increases can be given until the initial lease term has expired. After the lease has expired, an increase of any amount (the state of Texas has no rent control) can be given provided the resident has been served a 35 day notice prior to the effective date of the new renewal. 9. My apartment has been severely flooded and most of my personal belongings were damaged. The cause of the flood was through no fault of my own. Who is responsible for replacing all of my items I lost? The TAA lease contains a clause which states that the owner will not be liable for any damages to the resident's personal belongings or to that person. Only if the disaster occurred due to the owner's own negligence will the resident have a cause of action. The lease strongly suggests that the residents secure insurance to protect themselves against personal losses. 10. How much grace period must I be given before my rent is considered late? The grace period allowed in the TAA lease does not refer to when the rent is actually due, it simply refers to when the late charges begin. The lease states that rent is due and payable at the 1st of each month. This means that rent is late and delinquent on the 2nd if not paid. How much grace period (if any) is given before late charges begin depends on the owner and what is stated in the lease contract. 11. How long after I move out does the owner have to return my security deposit? If you gave a forwarding address and did not owe any rent, the owner legally has to contact you in writing within 30 days about your deposit. 12. My landlord wants to charge me for water. Can he/she do that? All apartment residents pay for water. Some through their rent, some separately. As water becomes more expensive, many owners are using sub meters, or a water allocation system to bill residents for water directly. If you agree by lease to pay separately for water, there are rules the owner of your property must follow. He must use a billing system that is approved by the Texas Natural Resource Conservation Commission, and follow certain other guidelines. An apartment community can charge all residents the same amount for water and just factor the set amount into their rent each month, or they can use a water allocation formula. There are three different formulas communities can use to split up the water bill. 1. based on the number of people who live in a unit 2. the square footage in the unit 3. or by measuring just the hot water going into an unit to gauge how much total water a resident is using Residents are entitled to see the last 12 months of water bills if they ask. 13. I'm in the military, and I'm being transferred or deployed. Can I get out of my lease? If you are in active service and you've received orders of a permanent change of station or you've been deployed and are not continuing to receive a housing allowance, the TAA Lease Contract requires the owner to allow you and your spouse to move out early. This is in Paragraph 31 of the TAA Lease Contract. That paragraph does not apply if you knew about the change of duty station prior to signing a lease; it also does not cover any residents (other than your spouse) who may be living in the same rental property. 14. Can I deduct the amount of my security deposit from my last month's rent payment? Your security deposit is not a part of your rent payments. If you deduct the amount of your security deposit from your final rent check, you could be liable for the cost of reletting fee in addition to the unpaid rent. 16. What should I look for in a lease? Check to see how much advance notice you must give before moving out at the end of your lease term. (a 30-day written notice is normal when rent is paid monthly.) Look for security deposit refund restrictions. Look for your rental housing owner's obligation to make needed repairs. (A requirement for diligence is common.) Be sure to read any cleaning instructions. (Cleaning costs usually can be deducted from your security deposit if you fail to follow instructions.) Check on prohibitions against subletting or keeping animals.  (Written permission is usually required.  Also, there is usually an extra deposit for animals.) Ask the manager to write in and initial any oral agreements or changes in the lease that are agreed upon by you and the owner's representative. 17. Do I have to have a smoke detector? All residential rental dwellings (including apartment) must have smoke detectors installed by the owner.  You may demand installation of a smoke detector at the owner's expense, if the dwelling unit does not have detectors.  You are responsible for replacing the batteries during your lease term and checking to make sure that all smoke detectors are working properly.  It is a violation of Texas law to disable or disconnect a smoke detector.  It is also a violation if you remove working batteries without replacing them.  Anyone who disables the smoke detector may be responsible for damages if a fire occurs. 18. How can I avoid problems in the future? Most disagreements between residents and rental housing owners or managers occur because of a misunderstanding about the obligations taken  on by each party when an apartment or other rental housing is leased.  The best ways to avoid problems are to:                1.  Read your lease carefully before signing.                2.  Ask questions about anything that is unclear.                3.  Put everything in writing , including agreements, notices and requests. After you sign the lease, make sure you receive a copy.  Keep a signed copy with you and the owner/manager.  The lease is the most important set of rules to follow if you have a disagreement.  Also, keep a copy of the apartment or rental housing rules (sometimes called "community policies") and any other document you submit to the owner/manager.   Make a checklist of conditions of the property and furniture when you move in. (Most properties use an inventory and condition form).  Sign it, have the manager sign it and keep a signed and dated copy.  This will be your best defense in any dispute over deductions for repairs when you move out.  Keep your rent payment current as required by your lease.  You should not withhold rent, since that could make you subject to eviction and liable for paying the remaining rent. 19. What should I expect when I fill out an application? Once you find a place where you want to live, you will be required to fill out a rental application.  In most cases, you will be charged an application fee to cover the cost of running credit checks, verifying rental history, etc.  This fee is non-refundable.  You may also be asked to pay an application deposit.  This deposit is applied toward your security deposit if you are approved.  If it is not, the deposit is refundable in most cases.  However, depending on the application you fill out, The deposit may not be refunded if you are accepted, but you decide not to move in, you fail to tell the truth on the application, of for certain other reasons.  If an owner in bad faith fails to timely return an application deposit, the owner may be liable for a civil penalty of $100, three times the amount of the application deposit and reasonable attorney's fees.  There is no statutory deadline for return of an application deposit.  Texas law provides that a rental applicant will be presumed to be rejected at the end of the seventh day after the owner receives a completed rental application or application deposit, unless the owner notifies the applicant of acceptance by that time.  If the seventh day falls on a Saturday, Sunday or holiday, the deadline for notifying an applicant of acceptance is extended until the end of the next day following Saturday, Sunday, or holiday.   20. What can I do if the dwelling owner will not make a repair? If the lease requires the management to make repairs, inform the manager in writing and keep a dated copy. The law requires in nearly every instance that the owner must repair: 1. Security devices 2. Conditions that materially affect the health and safety of the ordinary resident. 3. Problems that cause discomfort or inconvenience are not covered by the statute. Give the manager written notice of the needed repairs, and keep a dated copy. If you don't receive a response within a reasonable time, re-notify the manager orally and in writing. If you still don't get a response, you may have legal grounds to exercise statutory rights of lease termination, compulsory repairs, damages, penalties, third-party repair and deduct, and attorney's fees. Instead of giving two separate written notices, you can give a single notice by certified mail, return receipt requested. You must follow specific procedures to exercise your statutory remedies, and disregarding those procedures can expose you to a civil damages suit against you by the owner. You may want to seek legal advice to exercise your statutory remedies (lease cancellation, compulsory repairs, etc.) You may want to contact your city building inspector's office or county health department if you feel the condition violates state statutes or local housing codes regarding safety and sanitation. 21. How can I get my security deposit refund? First, give whatever written notice your lease requires. (Most leases require at least a 30-day written notice). Your security deposit cannot be kept for failure to give such notice unless the provision requiring it is underlined or in bold type in the lease. To best assure refund of your security deposit: You must stay for the full term of your lease. You must give written notice of your forwarding address. You must not be delinquent in your rent or other sums owed when you move out. You must leave the premises in a clean condition and follow any other lease provisions regarding your security deposit refund. You cannot deduct the amount of the security deposit from your last month's rent. If you do so, you can be sued for three times the amount of the deposit plus attorney's fees. Go through your apartment or other rental property with the manager to check its condition against your "move-in" inventory checklist. 22. What can be deducted from my security deposit? Any charge specified in the lease or any charge resulting from your breaking the lease. Charges for damages, wear and tear resulting from negligence, carelessness, accident or abuse on your part. "Normal wear and tear" items cannot be deducted. Unpaid rent and other unpaid charges listed in your lease, such as those for late rent payment, returned checks, animal violation charges, missing furniture or fixtures, keys you don't return to the management, etc. The reasonable cost of cleaning if you fail to properly clean before you leave. Many rental properties have written cleaning instructions for you to follow. Any deduction must be listed in a written description and itemization mailed to you on or before 30 days after you leave. However, there is no obligation that you be furnished this information if you have not paid all of your rent or if you have not given your forwarding address in writing. 23. I'm buying a house. Can I get out of my lease? There seems to be a common misperception that buying a home allows you to break your lease; that's not true. Unless you and the property owner agreed to some special provision when the lease was signed, you will still be responsible for any charges noted in your lease if you move out early to purchase a home. Such charges may include a "reletting fee" (to cover the property's cost of getting the apartment leased again) and the remainder of the rent through the end of your lease term, less rent received from a subsequent resident. 24. I don't think the property is maintained well. Can I get out of my lease? Maybe, but that decision will likely be made in court. If repairs are not being made to conditions that materially affect the health and safety of the ordinary resident, and you follow the appropriate notice provisions outlined in state law, you may exercise statutory remedies that can include terminating your lease. However, you must follow the notice procedures carefully. You may want to get legal advice before trying to use these provisions in the law. 25. I don't feel safe at the property anymore. Can I get out of my lease? If a crime occurs at a property, it's unfortunate for all concerned: the victim, the other residents at the property and the dwelling owner. Most owners don't give any guarantees about the security of the property, or promise you that no crimes will occur on the property. So the owner is not likely to be in default of the lease if a crime does occur on the property. You can certainly discuss the specific situation with the owner or management to see if they are willing to accommodate your requests, or can advise you about additional precautions you should take. If you still want to move out, you can do so, but you will likely be responsible for any penalties outlined in your lease for moving out early. 26. How much notice must I receive to be evicted? Unless your written lease states otherwise, you must be given three days' notice of an eviction. TAA Lease Contracts allow 24 hours' notice for eviction. 27. What happens if I get an eviction notice? These are the major steps in the eviction process: You'll receive a written notice to vacate from the property management. If your lease is in writing, it may allow this notice to be given just one day before you're asked to move out. If you don't have a written lease or your written lease does not state otherwise, you must be given at least three days notice. The property owner files an eviction lawsuit in justice of the peace court. A constable will serve you with lawsuit papers. A hearing is held in JP court (shortly after you receive a copy of the lawsuit). A hearing is held in JP court (shortly after you receive a copy of the lawsuit). If the property owner wins, the constable will evict you, and may peacefully remove your property from your apartment. 28.Can I get a copy of my lease? Under the TAA Lease Contract, you are entitled to a signed original of your lease. Ask for it when both parties (you and the property owner or owner's representative) have signed the lease, or request one later if you did not receive one when you first signed it. 29. How much notice must I give to move out? Your lease will tell you how much notice you must give if you are moving out at the end (or before the end) of the lease term. Moving out before the end of the lease term will violate the terms of the lease, and you'll be responsible for any charges outlined in the lease for being in default. 30. Who covers the cost of damages to my property if I'm robbed, or there is a fire or other accident? If you have renters insurance, your insurance should cover your losses, minus any deductible. If you don't have insurance, you'll be responsible for replacing or repairing your property. The property owner's insurance does not cover property belonging to residents; it only covers the property owner's belongings, buildings, etc. If the property owner or his employees negligently caused the accident, you may have grounds to recover damages from the owner, but you'll need to have legal advice.