Are you a Landlord?
Jacksonville has a significantly large number of rental
properties. Because of its workforce
there are many folks for whom renting is an only option even though purchasing
is superior because of the equity buildup and often lower monthly
payments. There are many statutes–The
Texas Property Code being the main body of law–that govern the conduct of
landlords. Unfortunately, as is often
the case with Texas State law, our legislators don’t communicate the law to us
and we have no idea if we are even breaking it.
Here are a few things you should know about if you are a landlord:
- A landlord is responsible for the
fundamental habitability of a dwelling.
If he fails to maintain it, the law allows the tenant to make repairs
and deduct them from the rent. If this
happens, the landlord may not retaliate against the tenant.
- A landlord must provide at least one
working smoke detector.
- A landlord must provide locking
devices that can even prevent landlord entry if the tenant is present. They are known as keyless deadbolts. Possessory rights are, in certain
circumstances, stronger than ownership rights.
- A landlord must provide a peephole
in solid doors.
- A landlord must allow a military
person being transferred to break his/her lease without penalty.
- A landlord must allow an abused
person to break his/her lease without penalty.
There is language that, if not present in the lease
agreement, will prohibit the landlord from enforcing aspects of the lease. The Texas A&M Real Estate Research Center
publishes a book called the “Landlord’s and Tenant’s Guide”, which talks all
about property leasing. 800-244-2144 and
about $25.00 will get you the guide. It
could be some of the best money you ever spent.
Always contact a skilled real estate attorney before drawing up just any
old lease agreement.
