Becoming A Landlord for the First Time in Texas

The current economic downturn is eliminating many jobs, but it's also creating new second jobs as many folks are now becoming landlords for the first time. The new landlords I am talking about are the ones who have fled the uncertainties of the stock market and have decided to buy a foreclosed property. Having handled several evictions in the past, I know first-hand how important it is for a landlord to know the relevant Texas law.

How much about tenant law you have to learn depends on whether you decide to manage the property yourself or hire a professional management company to do it for you. If you go at it alone, the best way to jump right in is to look at Chapters 91 and 92 of the Texas Property Code. You can view and copy the TPC at your local law library.

Some of the laws you need to know are:

You must rekey the property after each tenant.
You must provide a keyless deadbolt and an "eyehole" for each outside door.
You must keep the property in a livable condition
You must keep any security deposits separately, account for any money retained, and refund any amount due to tenant within 30 days of when tenant vacates the premises

You must have an operable smoke alarm for each bedroom (and the law is very particular about location and types of alarms)

One of the most important set of laws pertains to the eviction process. You cannot evict a tenant for non-payment of rent or breach of the rental contract without following a strict procedure. Stated simply, this procedure requires a notice letter, then a court filing at the local Justice of the Peace, service of the court filing, on the tenant, a Court hearing to determine if the eviction is proper, a waiting period to see if an appeal is pursued by the tenant, then service of a Writ of Possession on the tenant, then the actual "move out" which must be overseen by the Constable. It really is a lot of steps!

Written leases are the best way to govern the landlord-tenant relationship. One of the best ones is put out by the Texas Apartment Association-it's several pages long and full of rules that you might not think of, like the regulation of parking, of long term overnight guests, of law breaking, etc. While it costs money to join the TAA and be able to use its lease, membership also allows you to purchase the TAA's "Red Book" which has all of the applicable laws, forms and lots of helpful hints.

So, new landlords, do yourselves a favor and review the law. I can guarantee you will learn something you didn't know before. None of the laws will discourage you from becoming a landlord, but they will sure cause you problems if you don't follow them.

NOTE: If you are about to become a tenant for the first time, or the first time in a long time, there is probably not a need to learn the law on landlord-tenant relationships, but it's a good idea to require that the lease be in writing. Plus, if your landlord makes promises to fix up a place prior to you moving in, then get those promises in writing. In fact, it is always best to communicate all problems you have in writing.

If you have any questions about the eviction process or the landlord-tenant relationship don't hesitate to contact the Anderson Law Firm. Call us in Fort Worth at 817-294-1900, in Dallas at 214-327-8000, or Contact Us Online for a free consultation.