The following are typical questions renters may have about their TAA lease contract. View a copy of the TAA lease contract.
1. What is the reletting charge?
The reletting charge is a fee, which is not to exceed 85% of one month's rent. It can be charged if you: a) fail to give written move-out notice as required b) move out without the manager's written approval and without paying rent in full for the entire lease contract c) move out at the manager's demand because of your default or d) are judicially evicted. The reletting charge is not a cancellation fee and does not release you from obligations under the lease contract. |
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2. If my roommate moves out early am I still liable for the entire amount of rent?
If you'll be sharing the rent with a roommate, make sure you both understand your responsibilities. If you both sign the lease, each of you will be responsible for the full amount of the rent if the other does not pay.
If your roommate moves out before the end of the lease, you'll still be responsible for all the rent. If you need to find another roommate to help with expenses, your new roommate will need to be approved by the property owner, and you may need to sign a new lease or a lease addendum. |
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3. Can I withhold rent when maintenance repairs are not taken care of?
It is a state law that a resident cannot withhold rent for non-repair. The owner has a right to evict for non-payment of rent. |
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4. Can I be locked out of my apartment for non-payment of rent?
The Texas Civil Statute, Section 92.0081, states that the landlord clearly has the right to change the door locks on an apartment unit if the rent is delinquent. However, they have to first notify the resident at least three days before the locks are to be changed. After the lock-out the owner must leave notice where the key can be obtained 24 hours a day. They cannot deny the resident access to the apartment. |
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5. Can I still be held liable for my lease if I am being transferred by my job?
Yes. Unless you have a transfer clause in you lease, you can be liable for the remainder of the rent through the end of your lease or until the apartment is rented to another occupant. |
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6. Can the manager take items from my apartment for non-payment of rent?
Section 54.041 of the Texas Civil Statute states that non-exempt items can be held providing that the clause is in the lease. It must also be either underlined or in bold print. If you have this clause in your lease, the management may seize property that is non-exempt by statute and hold it until the rent is paid. |
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7. Can the management enter my apartment when I am not at home?
There are a number of reasons why property managers or maintenance staff may need to enter your apartment, and it could be very inconvenient for you if you always had to be home and available when these circumstances arose. If you signed a TAA Lease Contract, you've given permission to the apartment management and/or maintenance personnel to enter your apartment when you are not there for:
 responding to your request
making repairs or replacements
estimating repair or refurbishing costs
performing pest control or doing preventive maintenance
changing filters
testing or replacing smoke detector batteries
retrieving unreturned tools, equipment, or appliances
preventing waste of utilities
exercising a contractual lien (removing your non-exempt belongings if you haven't paid the rent)
leaving notices
delivering, installing, reconnecting, or replacing appliances, furniture, equipment, or security devices
removing or rekeying unauthorized security devices
removing unauthorized window coverings
stopping excessive noise
removing health or safety hazards (including hazardous materials), or items prohibited under our rules
removing perishable foodstuffs if your electricity is disconnected
removing unauthorized animals
cutting off electricity according to statute
retrieving property owned or leased by former residents
inspecting when immediate danger to person or property is reasonably suspected
allowing persons to enter as you authorized in your rental application (if you die, are incarcerated, etc.)
allowing entry by a law officer with a search or arrest warrant, or in hot pursuit
showing apartment to prospective residents (after move-out or vacate notice has been given)
showing apartment to government inspectors, fire marshals, lenders, appraisers, contractors, prospective buyers, or insurance agents
Under the TAA lease, the management must leave notice of entry inside your apartment indicating that a management representative entered the apartment, and why he or she was there.
If you are at home when the management wishes to enter the apartment for any reasonable reason, the management must ask to enter peacefully and at reasonable times. |
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8. I would like to know exactly when, how much and how often a rental increase can be given. Also, is there a ceiling on the amount of any given increase? If so, what is the highest amount?
Under the terms of the TAA lease, no rental increases can be given until the initial lease term has expired. After the lease has expired, an increase of any amount (the state of Texas has no rent control) can be given provided the resident has been served a 35 day notice prior to the effective date of the new renewal. |
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9. My apartment has been severely flooded and most of my personal belongings were damaged. The cause of the flood was through no fault of my own. Who is responsible for replacing all of my items I lost?
The TAA lease contains a clause which states that the owner will not be liable for any damages to the resident's personal belongings or to that person. Only if the disaster occurred due to the owner's own negligence will the resident have a cause of action. The lease strongly suggests that the residents secure insurance to protect themselves against personal losses. |
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10. How much grace period must I be given before my rent is considered late?
The grace period allowed in the TAA lease does not refer to when the rent is actually due, it simply refers to when the late charges begin. The lease states that rent is due and payable at the 1st of each month. This means that rent is late and delinquent on the 2nd if not paid. How much grace period (if any) is given before late charges begin depends on the owner and what is stated in the lease contract. |
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11. How long after I move out does the owner have to return my security deposit?
If you gave a forwarding address and did not owe any rent, the owner legally has to contact you in writing within 30 days about your deposit. |
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