The Obligations of a Landlord

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.