RENTING 101: PRIVATE LEASES

Renting a private home in Texas can offer flexibility and a more personal landlord-tenant relationship compared to apartment complexes. However, it’s important to understand the lease terms thoroughly, as Texas has specific laws that govern rental agreements, rights, and responsibilities. Do not sign a lease until you have read it and feel like you understand it. This article will help you navigate the lease process and empower you with the knowledge to advocate for your rights.

Do not sign a lease until you have read and feel like you understand it.

1. The Basics of Your Lease Agreement

• What is a lease? In Texas, a lease is a written or verbal agreement between you (the tenant) and the landlord. However, Texas law requires all leases that are 12 months or longer to be in writing. This written lease protects both you and your landlord and clearly outlines your rental terms.

• What to expect in your private rental lease? Here are the typical elements you’ll encounter:

  • Rent Amount: The lease should clearly state the monthly rent amount, the due date, and the accepted payment methods (e.g., check, online payment).

  • Lease Duration: This could be 12 months or longer, but it’s critical to note that any lease term exceeding 12 months must be in writing as per Texas Property Code § 5.006.

  • Security Deposit: A security deposit is typically required to cover any potential damages. Texas law doesn’t specify an exact amount, but it cannot exceed one month's rent in most cases.

    
    

Texas law requires a landlord to provide at least one residential tenant on a lease with a copy of the written lease within three (3) days of execution, or within three (3) days of a tenant’s written request for a copy of the lease.

2. Key Clauses to Understand

• Maintenance and Repairs:

  • In Texas, landlords must keep rental properties in a habitable condition, meaning the property should be safe and livable. If repairs are needed, the landlord is legally responsible for fixing issues like plumbing, heating, and major structural problems. Texas law does NOT require a landlord to repair or remedy a condition that does not affect your health or safety, such as a defective dishwasher. Therefore, you should read the lease to see if the landlord promises to repair such problems.

  • Tenant Responsibilities: As a tenant, you are expected to take care of minor issues, such as maintaining cleanliness or changing air filters. The lease may specify who handles yard work and maintenance responsibilities, especially if you’re renting a house with a yard.

  • Time for Repairs: If you encounter an issue like a broken appliance or plumbing, the landlord is required to make repairs within a reasonable time. If the repairs are urgent, like a broken water heater, they must be addressed promptly.

• Rent Increase Clauses: Texas law does not limit the amount a landlord can increase rent during a lease term, but they must give you at least 30 days' notice before increasing rent when your lease is month-to-month. For fixed leases, rent typically cannot increase until the lease term ends unless specified otherwise in the lease agreement.

  • Tip: If the lease states that rent can be increased during the term, ensure there is clarity on the amount or the method for determining the increase.

• Pet Policies: Many private landlords have their own pet policies. It’s important to review the lease to see if pets are allowed and what restrictions may apply (e.g., breed, size, or additional deposits for pets). In Texas, landlords are not required to accept pets, so this clause can vary.

• Landlord’s Right to Enter: Study your lease carefully to determine the circumstances under which the landlord may enter your house or apartment. Unless the lease agreement says the landlord can enter your house or apartment, he or she has NO right to do so, except in emergencies and for routine inspec-tions or repairs and, properly, when you are provided advance notice. In every residential lease (oral or written), a tenant has an implied right to peaceable, quiet enjoyment of the premises. A tenant also has a right of privacy in his or her own home.

3. Red Flags to Watch Out For

• Lease Not in Writing for 12+ Months: As mentioned, Texas law mandates that leases longer than 12 months must be in writing. If you’re offered a lease that’s 12 months or longer but not written, it’s a major red flag. Protect yourself and insist on a written agreement.

• Vague Language About Repairs: If your lease doesn’t clearly specify the landlord’s responsibility for repairs, ask for clarification. For example, if the roof leaks or there’s a plumbing issue, your landlord must fix it promptly.

• Excessive Fees: Ensure the lease clearly outlines all fees, including late fees, cleaning fees, and penalties for breaking the lease early. Texas law does not allow a landlord to charge unreasonable or excessive fees, so make sure they are fair and reasonable.

  
  

4. How to Negotiate Terms

• Lease Length: If a 12-month lease doesn’t work for you, see if the landlord is willing to negotiate a shorter lease term. In Texas, you can ask for a month-to-month lease or another flexible arrangement if you feel your situation might change in the near future.

• Rent Payment Flexibility: If your financial situation might change or you anticipate difficulty making rent on a certain date, ask your landlord if they’re open to flexible payment arrangements. Some landlords are willing to allow split payments or adjust the due date if you explain your situation.

• Maintenance Agreements: Make sure the lease specifies who is responsible for what repairs. If the property is older and may need frequent repairs, negotiate a clear maintenance agreement so that you are not left with an uninhabitable property.

  
  

5. What to Do If You Need Legal Help

• If there’s ever a dispute with your landlord—whether it’s over rent, repairs, or unlawful evictions—Texas tenants have legal protections. You can contact Texas Tenants' Union or a local legal aid service for advice.

  • Eviction Process: In Texas, landlords cannot legally evict a tenant without going through the formal eviction process, which involves filing a lawsuit. If you face eviction, you have 5 days to respond to the notice, and you can attend a court hearing to present your side of the case.

By understanding Texas-specific laws, you can better navigate your lease and feel more confident in your rental rights. Remember, knowing your rights as a tenant in Texas is key to protecting yourself and ensuring that your rental experience is fair and comfortable. If you ever face a legal issue, seek advice from an attorney or tenant advocacy group to ensure you are following the proper procedures and safeguarding your rights.