FAQ FOR RESIDENTS

One of the most important decisions a person makes is finding a place to live. If you are renting, you will sign a lease, which is a legal obligation to live someplace and pay rent for a certain length of time (usually six months or a year). There are very few exceptions in which a lease can be broken. Therefore, your rental home should be chosen with great care.

What TAA Does for Renters

• TAA has developed a new Lease Contract Overview video that highlights important information in the lease for residents. This resource is available in both English and Spanish.

• TAA communicates regularly with our members about changes in the laws and regulations that govern rental property.

• TAA provides resources and assistance to ensure that our members are operating effectively, legally and ethically.

• TAA has been a key proponent of legislation that has increased habitability and security standards for residents of rental housing.

• Legislation supported by TAA has set the standard for security devices (locks and other items) required in residential rental housing. Texas laws are among the nation's toughest for required security devices and for return of security deposits.

• TAA has also been instrumental in supporting the passage of meaningful tort reform in the state. These reforms have helped keep a lid on operating costs and costs associated with frivolous lawsuits, which can add to the cost of rent.

• TAA has also supported uniform statewide fencing requirements for pool yards at rental properties to improve pool safety and reduce the likelihood of accidental drowning.

Renters Insurance

What happens if you are robbed, or there is a fire or other accident at your rental property? Who will pay for your damaged or lost belongings?

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. Your personal property--your clothing, furniture, electronics, appliances, jewelry, etc.--is not covered by the apartment owner's insurance when you rent an apartment, or by a property owner's homeowner's insurance if you are renting a house or duplex.

If the property owner or his employees negligently caused the accident, you may have grounds to recover damages from the dwelling owner, but you'll need to have legal advice.

If you were responsible for the damage, you may be liable to the property owner or other residents whose property was damaged. Because of this, some properties may require you to purchase renter's insurance or personal liability insurance.

More information about renter's insurance is available from the Texas Department of Insurance.

Resources for Renters

More than 6 million Texans rent their homes. Most don't cause problems for the property or the property owner, and most don't have any significant problems with their rental housing or the property owner.

Here is some basic information about renting a home or apartment in Texas. Many problems can be avoided by carefully reading and following the provisions included in a written lease.

Click here to access TAA renter resources

Avoiding Problems

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 rental housing is leased.

The best ways to avoid problems are to:

Read your lease carefully before signing.
Ask questions about anything that is unclear.
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.

Unfortunately, we are not able to personally answer your questions or reply to inquiries about specific situations.

We're not qualified to give you legal advice. If you need legal help for a particular problem you're having, we encourage you to check with an attorney or look for legal resources in your area that can assist you.

If you have general questions, or need some basic guidance:

Contact the AASET office for more information and referrals to other sources of local assistance.
Read TAA’s Residents, Rental Housing, and Texas Law brochure.

Click here to access brochure.

FAQ for Residents

When to fill out an application

What to look for in a lease

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, or 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.

When a manager can enter a unit

You should check your lease for provisions outlining when the owner/manager may enter your unit. There are many legitimate circumstances in which management needs to enter, regardless of whether anyone is present in the unit.

The more important reasons can include:

Responding to repair requests.
Preventative maintenance.
Showing the dwelling to prospective buyers or renter, and
Responding to any situation threatening the health or safety of residents or damage to the property.

Help with the Rent

If you're a student or you don't earn enough money to qualify for an apartment on your own, you may be asked for a guarantor--someone who will guarantee to pay your rent if you don't.

A guarantor is usually a parent or relative, but can be any adult who is willing to accept legal responsibility for fulfilling your obligations under a lease, if for any reason you do not.