Pet Deposit The Texas Property Code does not deal with pet deposits, but it is assumed that the same rules apply. One difference between a deposit and a pet deposit is that the owner can withhold all or part of the deposit for pets if it has been agreed in the rental agreement that the deposit for pets is not refundable. Don`t be intimidated by the prospect of going to court. The forms to be completed are self-explanatory. Staff at the Office of the Justice of the Peace can give you the right forms, but they will not provide you with legal advice. Shortly after the filing of the lawsuit and the service of a copy on the owner, a hearing is scheduled. The hearing will last about an hour, but will allow several hours in case of delay. A tenant can also obtain the TAC brochure, by filing a lawsuit in Small Claims Court, for more useful information. Texas landlords are not required to provide their tenants with a receipt upon receipt of the deposit. However, the law requires a landlord to keep accurate records of the deposits you receive. ATC has form letters or they can write their own letter. The letter must include the tenant`s current and previous address, the date the premises were vacated, the amount of the deposit, and a statement that if the deposit is not provided within 10 days of the day the landlord receives the letter, the tenant will appeal. 14th Texas State Legislature.

Texas Property Code commented. (2021). Available online at the following address: tenants are required to return their rental premises in the same cleanliness as at the beginning of the rental. If this is not the case, you may have the right to make repairs and make reasonable deductions from their deposits. If an invoice is registered in the name of the tenant, the tenant is responsible for the payment. Common utilities include electricity, water, gas, garbage, and sewage. If a tenant moves before they have paid these bills, you can make appropriate deductions from their deposits. Some leases involve relocation costs that have been included in the contract. This fee can be up to one month`s rent. A tenant can successfully challenge his landlord over this arbitrary amount based on the fact that deposits must be used to cover actual financial losses.

If a landlord spends the equivalent of the relocation fee to re-rent the apartment, these are legitimate costs. However, if a landlord places a $50 listing, quickly re-rents the place and doesn`t lose rent, but tries to charge the tenant the full relocation fee, this may be considered a penalty and unenforceable under Texas law. As a Texas landlord, it`s important that you familiarize yourself with the Deposit Act and other regulations between landlords and tenants, such as the legal eviction process, ways to break a lease, squatter rights, the Texas Property Code, and rent increase rules. Since these laws may change, it is also important that you, as the owner, stay informed about them. Under Texas law, it is illegal for an owner to take revenge on you if they complain in good faith about necessary remedies for a period of six months from the date you filed such a complaint. §§ 92.331-92.335 Of course, you can still be evicted if you do not pay your rent on time, endanger the safety of the landlord or intentionally damage the property. Disclaimer: This blog is for informational purposes only and is not a substitute for professional legal advice. In addition, laws change frequently and may not be up to date. For expert legal advice, please contact a qualified lawyer or experienced property manager.

What happens if the rental unit changes hands? If a new landlord buys a house or apartment and is occupied by the tenant at that time, all leases and deposits must be transferred from the previous owner to the new owner. This means that the new owner is responsible for refunding the deposit. However, the former owner remains responsible for a deposit until the new owner gives the tenant a declaration of receipt of the deposit. Unless there is a record of the move-in inventory, it is unlikely that the new owner will be able to determine the condition of the unit when the tenant moves in. As a result, it can be difficult for a new landlord to deduct damage from the tenant`s deposit. The new landlord must not withhold any part of the deposit for damage unless the new landlord can prove that the tenant damaged the unit. Your rights as a tenant include the right to “silent enjoyment,” a legal term. This means that your landlord cannot evict you without reason or otherwise interfere with your right to live in peace. What can the owner deduct from the deposit? A landlord cannot legally deduct for normal wear and tear. This is a deterioration that occurs with the regular, daily and planned use of the rental unit, for example, nail holes in the walls of images or paintings.

Damage caused by negligence, negligence, accidents or misuse of the premises by the tenant or the tenant`s guests is not normal wear and tear. 64. Graph: Bail limits, state by state. No. (2021). Available online at: (accessed August 25, 2021). Now, different states have different rules regarding how a landlord should handle their tenants` deposits. If you`re a homeowner in Texas, below is everything you need to know about the state`s bail laws. Can the deposit be used by the tenant as last month`s rent? No, Texas` Security Deposit Act specifically prohibits the tenant from using the security deposit instead of the last month`s rent. A tenant who refuses to make the final rent payment because they want to claim the deposit may be held liable for three times the rent withheld plus reasonable attorneys` fees. So what should happen if the property or rental unit changes hands? The landlord must transfer the tenants` deposits to the new landlord. The new owner then assumes responsibility for the landlord after informing the tenant in writing of the change of ownership.

Tenants in Texas are required to provide all the rent to which their landlord is entitled under the lease, whether or not they live in the unit. The only exception to this rule is if both parties, owner and tenant, decide to terminate the lease at any time during the lease or if the tenant leaves for a legally justified reason. Illegal withholding of a tenant`s security deposit in Texas has an impact. It is assumed that you acted in bad faith and may be legally obliged to pay your tenant: is a lawyer needed? Although it is not necessary to have a lawyer in court, the tenant will be at a disadvantage if the landlord has a lawyer. However, it is not impossible for the tenant to win if the tenant has evidence and witnesses, as stated above. If the tenant decides to hire a lawyer and wins the lawsuit, the court may also award attorney`s fees if the landlord acted in bad faith or if the lease provides for attorneys` fees for the winning party. If it is not safe, the tenant can always seek the legal advice of a lawyer before proceeding with the case. Keep in mind that the judge will not handle a case differently because someone is represented by a lawyer or not. 36. Kimble M. Renter, beware: Millions of Texans could soon face higher late rent fees, with little recourse to fight back. Texas Obs.

(2019). Available online at: (accessed August 25, 2021). Now, with all these health and psychological benefits, what prevents people from owning a pet? 72.