Austin Apartment Association Member
Q & A
Below is a list of questions asked most frequently by residents of apartment homes.
Can I withhold rent when maintenance repairs are not taken care of?
No. It is a state law that a resident cannot withhold rent for needed repairs. If the resident does withhold rent for non-repair, the owner has a right to evict for non-payment of rent.
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.
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 your 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.
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.
Can I deduct the amount of my security deposit from my last month's rent payment?
Your security deposit is not a part of your rent payments. If you deduct the amount of your security deposit from your final rent check, you could be liable for the cost of reletting fee in addition to the unpaid rent.
Can the management enter my apartment when I am not at home?
Under the TAA Lease Contract, the apartment management and/or maintenance personnel do not have to wait until you are home to enter your apartment for:
Requested repairs.
Estimating repair costs.
Pest control; preventive maintenance.
Filter changes.
Testing or replacing smoke-detector batteries.
Retrieving unreturned tools or appliances.
Preventing waste of utilities; exercising contractual lien.
Leaving notices.
Delivering, installing, reconnecting or replacing appliances, furniture, equipment, or security devices.
Removing or re-keying unauthorized security devices.
Removing unauthorized window coverings.
Stopping excessive noise.
Removing health or safety hazards.
Removing unauthorized pets.
Cutting off electricity according to statute.
Retrieving property owned or leased by former residents.
Inspections when immediate danger to person or property is suspected.
Entry by a law-enforcement officer with search or arrest warrant.
Showing apartment to prospective residents (after move-out or vacate notice has been given).
Showing apartment to government inspectors, fire marshals, lenders, appraisers, prospective buyers or insurance agents.
However, a notice of entry is to be left inside your apartment stating that they were inside your apartment and the reason.
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 with a 35 day notice prior to the effective date of the new rental amount.
How long after I move out does the owner have to return my security deposit?
Assuming 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.
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 that I lost?
The TAA/AAA 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 any personal losses.
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 will begin. The lease states that rent is due and payable on 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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