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LandlordandTenant
PROPERTY LINKS
Drones
 
 
 

 

This is a guide, please seek professional advice from your attorney
or other legal entity. This is for informational purpose only, NOT guaranteed.
 
This is a great guide for landlord and tenants. If you are one of my clients
this is a MUST read! - Heidi
 
Here are some of the statutes I feel is important regarding: (not all)
For the FULL Texas State Statues -   click here
 
I suggest strongly reading the following: See BOLD for the most asked about areas.
 
EVICTION
under Texas Property Code
Chapter 24.
Printed as of August 2013 - Check here.
24.004 Jusidiction
24.005 Notice to Vacate
24.006 Fees
24.0061 Writ of Possession
24.0062 Warehouseman's Lien
24.007 Appeal - used in commercial also
24.008 Effect on other actions
24.011 Non lawyer representation
-------------------
Sec
54.041 Lien
54.042 Exemptions
54.043 Enforcement of Contractual Provisions.
54.044 Seizure of Property
54.045 Sale of Property
54.046 Violations by Landlord
----------------
Sec
91 Provisions generally applicable to landlords and tenant
91.001 Notice for terminating certain tenancies
91.004 Landlord's breach of lease; lien
91.005 Subletting prohibited
91.006 Landlords duty to mitigate damages
92.008 Interruption of utilites
92.0081 Removal of property and exclusions of residential tenant
92.009 Residential tenant's right of reentry after unlawful lockout
92.010 Occupancy Limit
92.011 Cash Rental Payment
92.0131 Notice regarding vehicle towing or parking
92.014 Personal property and security of deceased tenant
92.015 Tenant's right to summon police or emergency assistance
92.016 Right to vacate and avoid liability following family violence
92.017 Right to vacate and avoid liability following certian
decisions related to military service
92.019 LATE PAYMENT or rent; fees
92.020 Emergency phone number
92.052 Landlord's duty to repair or remedy
92.053 Burden of Proof
92.056 Landlords liability and tenant remedies; notice and time for repair
92.0561 Tenant's repair and deduct remedies.
92.058 Landlord remedy for tenant violation
92.102 SECURITY DEPOSIT
92.103 Obligation to refund
92.1031 Conditions for retention of security deposit or rent prepayment
92.104 Retention of security deposit; accounting
92.1041 Presumption of refund or accounting
92.105 Cessation of Owner's interest
92.107 Tenant's forwarding address
92.108 Liability for withholding last month's rent  (READ)
92.109 Liability of Landlord
92.151 Definitions
92.153 Security devices required without necessity of tenants request.
92.156 Rekeying or change of security devices - (note: you must
rekey as of 2009 after each tenant)
92.163 Removal or alteration of security device by tenant
92.1641 Landlord defenses relating to installing or rekeying
certain security devices
92.201 Disclosure of ownership and management
92.205 Remedies
92.206 Landlord's defense
92.331 Retaliation by Landlord
---------
92.351 Rental applications
92.3515 Notice of eligibility requirements
92.352 Rejection of applicant
92.354 Liability of Landlord
-----------
Texas Towing
Sec
2308.251
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by Lloyd Hampton

1. Landlord delivers 3-day DEMAND letter (must say DEMAND in the letter)
2. Landlord files "Entry and Detainer" suilt with local Justise of the Peace court
filed in the precint of the HOME/Property.
3. Court officer attemts twice to deliver "Service of Citation" at tenant's home and work. If unsuccessful, will post it on the tenant's door and mails a copy to the tenant.
4. Trail or hearing must begin with 10 days and no more than 21 days of the "Service of Citation". (goes into effect Sept 1, 2013) it's just 10 days now until Sept. 1, 2013
5. Receive a "Judgment for Possession" if you win. If you win by default (tenant does not show) the court mails the judgement by first class mail within 48 hours. Either way the tenant is given 6 days to move out.
6. After the 6 day the landlord goes back to court for a "Writ of Possession".
7. Court officer posts the "Writ of Possession" on the tenant's door with a final
24-hour warning.
8. Court officer evicts tenants and has tenants possessions removed - unless it's raining then waits till sunny. You can't leave tentant possession in the rain the day of removal. Take pictures or video of time stamp.
Estimated Costs: (not all just example)
$101 court
$170 for 2 tenants
$99 police
plus locksmith.
 
 
I like looking up the Texas state code here it's easier than the state site. Click here.

Commercial Real Estate Leases
Everything is negotiated.
 
What is a Triple Net Lease?
 
A triple new lease is a lease type also knows as "NNN" is uses in commercial strip malls, office buildings, etc.  Uses in leasing commercial real estate.  Tenant will be responsible for lease payments, taxes, repair, insurance, sewer and a/c. Landlord may be responsible for the Pylon (large sign) upkeep, parking lot and outside lighting.
This is the most common.
 
What is a Gross Lease?
 
A Gross lease is used in commerical real estate usually in strip malls or regular malls, pads etc.  This lease the tenant is responsible fo the lease payments, but the landlord is usually responsible for repair, insurance, taxes and the a/c.
 
 
 
Here is an insert from Texas Association of Realtors blog/FAQs for REALTORS:
 

Does a landlord have to rekey the locks for his own home?

I listed a house for lease where the owner just vacated that house and moved to a new home. The owner thinks he doesn't have to rekey the locks since he has been the only occupant of that house since it was built. Is the landlord required to rekey the locks when we lease the property?

 

Yes. The Texas Property Code requires that a landlord rekey the locks no later than the seventh day after each tenant turnover date. "Tenant turnover date" is defined as the date a tenant moves into a dwelling under a lease after all previous occupants have moved out. The term does not include dates of entry or occupation not authorized by the landlord. This means that your client, as the landlord and last occupant of the property, would have to rekey the locks no later than the seventh day after a new tenant moves into the home

 

May a landlord’s duty to install smoke alarms be waived?

No. House Bill 1168, which became effective on September 1, 2011, requires a landlord to install smoke alarms: (1) in each bedroom; (2) in each hallway that services multiple bedrooms; AND (3) on each level of the dwelling unit. A landlord of a property first occupied before September 1, 2011, has until January 1, 2013, to comply these new requirements. Per the Property Code, the duty to install smoke alarms may not be waived. Two ways that a landlord may alternatively comply with requirements relating to smoke alarms are to have a fire detection device that includes a fire alarm device as defined by Section 6002.002 of the Insurance Code or to install smoke detectors in compliance with Chapter 766 of the Health and Safety Code. If a landlord is not in compliance with the law on smoke alarms, a tenant may seek remedies such as a judgment for damages related to the violation and court costs.


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

The information may change at anytime.

This website information is for educational purposes and general purpose for HEIDI JOHNSON'S clients only.

Heidi Johnson and Eprohomes.net

assumes no liability for damages incurred directly or indirectly as a result of errors, omissions or discrepancies.

Heidi Johnson and eprohomes.net is not responsible for the content nor endorses any site linked from this site.