Choosing a Place to Live

One of the most important decisions a person makes is finding a place to live. If you are renting, you will sign a lease, which is a legal obligation to live some place and pay rent for a certain length of time (usually six months or a year). There are very few exceptions in which a lease can be broken. Therefore, your rental home should be chosen with great care.

It is important to know what you want in your housing and how to locate the best property.

Locating a Rental Home or Apartment

In many communities, locator services or rental housing guides can assist you with locating a rental property that meets your requirements. Here are some to consider:

For Rent magazine (available in larger communities)
newspaper listing of rentals
friends
locator services
management companies
local apartment association in the area
rural development
Housing and Urban Development (HUD)

HUD funds several rental assistance programs

Public housing is low-income housing that is managed by your local housing authority.
“Section 8” permits the housing authority to give the tenant a certificate or voucher that says the government will subsidize your rent payments; then you go find your own housing.
Privately owned subsidized housing is permitted in some cases. The government provides subsidies directly to the owner, when then applies those subsidies to lower the rents he/she charges low-income tenants.
Other affordable housing programs, such as HUD’s HOME program, provide grants to state and local governments, which may use them to offer rental assistance.

Other Federal Rental Programs

In rural communities, the Department of Agriculture provides rental assistance programs, home improvement and repair loans and grants, and self-help housing loans to low income individuals and families. You can find out more about these programs by visiting the Rural Housing Service website (http://www.rurdev.usda.gov/rhs/) or by contacting your local Rural Development office (check the federal government section of your telephone book.

To be eligible for most programs, your income must be at or below the maximum established for your area. If you want to apply for public housing or Section 8 certificates or vouchers, you must go to your housing authority.

Applying for Housing in a Privately Owned Dwelling

You will have to visit the management office for that site. You can get a listing of the privately owned, subsidized housing sites in your area by contacting your local HUD office. To be eligible for this program, your income can be no higher than the limit for your area.

Applying for Public Housing or Section 8 Certificates or Vouchers

You must go to your housing authority. Each housing authority has a system for accepting applications. They can tell you what their system is and the steps you will need to take. There are waiting lists, and sometimes those waiting lists can be very long. But call the housing authority to find out. The sooner you apply, the sooner you can get help. To be eligible for most programs, your income can be no higher than the limit for your area.

Finding Out if Your State or Local Government Offers any Rental Assistance Programs

You can contact the HOME program coordinator for your area. Or call your local Housing and Community Development Office. To be eligible for HOME rental assistance, your income can be no higher than the limit for your area.

What to Look for When You’re Looking to Rent

Make a list of what you are looking for in your new home, including the kinds of features that will make you feel comfortable with your choice. Use your list to check out the rental housing you’re considering.
When you visit a place you’re considering, check to see that it has the security devices required by Texas law. All apartments, rent houses, condos, and town homes offered for rent must have these devices, provided at the owner’s expense. These devices include a keyless deadbolt or keyless bolting device on all exterior doors; a peephole or clear glass panel on all exterior doors; a keyed deadbolt or door handle lock on a main entry door; a pin lock and either a door handle or latch or a security bar on each sliding glass door; and a window latch on each window.
Look over the property and see how well it is maintained. That will give you some indication of how well the property is managed and cared for.
If you’re considering an apartment or multi-unit property, talk to some of the existing residents about their experiences with the property. Ask how satisfied they are with the property, how repairs or other problems have been handled, and if they would recommend the property to their friends.
Visit the places you’ve considering at night to see if they look well lit. Compare them to similar properties in the neighborhood.
Drive around the neighborhood that you’re considering; look at the other rental properties available there, and ask yourself if you will feel safe living there.
Ask the leasing agent or the owner or manager of the property about how emergencies are handled, and about how any crime or safety concerns are communicated to residents.
If you are concerned about crime at the property or in the area, ask management and check with the local police department for any information it can provide about reported crimes or incidents. The law requires agents and managers to answer all questions truthfully.
Remember—no one can guarantee that any neighborhood, apartment, or home will be safe from crime. Crime occurs everywhere. You should always take sensible precautions to protect yourself, your family, and your property.

Renting of property is a legal agreement between landlord and tenant. Understanding the process can help one avoid misunderstandings and problems.

When You Fill Out an Application

Once you find a place where you want to live, you will be required to fill out a rental application. In most cases, you will be charged an application fee to cover the cost of running credit checks, verifying rental histories, etc. This fee is non-refundable.

You may also be asked to pay an application deposit. This deposit is applied toward your security deposit if your application is approved. If it is not, the deposit is refundable, in most cases. However, depending on the application you fill out, the deposit may not be refunded if you are accepted but decide not to move in, you fail to tell the truth on your application, or for certain other reasons.

Texas law provides that a rental applicant will be presumed to be rejected at the end of the seventh day after the owner received a completed rental application or application deposit, unless the owner notifies the applicant of acceptance by that time. If the seventh day falls on a Saturday, Sunday, or holiday, the deadline for notifying an applicant of acceptance is extended until the end of the next day following the Saturday, Sunday, or holiday.

If an owner in bad faith fails to timely return an application deposit, the owner may be liable for a civil penalty of $100, three times the amount of the application deposit, and reasonable attorney’s fees. There is no statutory deadline for return of an application deposit.

Understanding your legal rights and responsibilities helps tenants avoid problems and loss of money

Most disagreements between residents and rental housing owners or managers occur because of misunderstandings about the obligations taken on by each party when an apartment or other rental housing is leased. The best ways to avoid problems are to:

Read your lease carefully before signing.
Ask questions about anything that is unclear.
Put everything in writing, including agreements, notices, and requests.

What to Look for in Your Lease

Important clauses in your lease should receive special attention to make sure you know what you are signing.

Name and address of the property owner.
Description of the property.
Terms of the agreement. Ask the manager to write in and initial any oral agreements or changes in the lease that are agreed to by you and the owner’s representative. Check to see how much advance notice you must give before moving at the end of your lease term. A 30-day written notice is normal when rent is paid monthly.
How much is rent? When is it due? Late fees?
Security deposit. Look for security deposit refund restrictions. Be sure to read any cleaning instructions. Cleaning costs usually can be deducted from your security deposit if you fail to follow instructions.
Alternation guidelines. Can you paint or hang pictures?
Repairs and maintenance. Look for your rental housing owner’s obligation to make needed repairs. A requirement for diligence is common.
Utilities. Which ones are you responsible for?
Subleasing or re-leasing. Check on prohibitions against subletting. Written permission is usually required.
Joint liability. A “jointly and severally liable” clause means that everyone who signs the lease is responsible for the entire rent.
Contractual lien. If you fail to pay your rent, most leases allow the property manager to enter your apartment and seize luxury items, such as televisions, radios, CDs, cameras, etc.
Rental escalation clause. This clause allows the manager to raise the rent during the lease term. This clause specifies the amount and conditions.
What are the rules the manager expects you to obey? What are the consequences of breaking them?
Are pets allowed? Written permission is required. Also, there is usually an extra deposit for animals.

After You Sign the Lease

Keep a copy of the lease signed by you and the owner or manager. The lease is the most important set of rules to follow if you have a disagreement. Also, keep a copy of the apartment or rental housing rules (sometimes called “community policies”).

Make a checklist of conditions of the property and furniture when you move in. (Most properties use an inventory and condition form). Sign the form, have the manager sign it, and keep a dated copy. This will be your best defense in any dispute over deductions for repairs when you move out. Keep your rent payments current as required by your lease. You should not withhold rent, since that could make you subject to eviction and liable for paying the remaining rent and late payment fees.

When Anything Needs to be Repaired

If the lease requires management to make repairs, inform the manager in writing, and keep a dated copy.

The law requires, in nearly every instance, that the owner must repair security devices and conditions that materially affect the health and safety of the ordinary resident. Give the manager written notice of needed repairs, and keep a dated copy. If you don’t receive a response within a reasonable time, re-notify the manager orally and in writing. If you still don’t get a response, you may have legal grounds to exercise statutory rights. Your choices are lease termination, compulsory repairs, damages, penalties, attorney’s fees, third-party repair and deduct (when you pay someone to make repairs, the amount you paid the “third party” can be deducted from your next payment with a copy of the repair receipt included). Instead of giving two separate written notices, you can give a single notice by certified mail, return receipt requested.

Specific procedures must be followed for statutory remedies, and disregarding those procedures can expose you to a civil damages suit against you by the owner. Repairs of problems resulting in mere discomfort or inconvenience are not covered by the statute. The city building inspector’s office or county health department can be of some help if the condition violates state statutes or local housing codes regarding safety and sanitation.

Smoke Detectors

All residential rental dwellings (including apartments) must have smoke detectors installed by the owner. You may demand installation of a smoke detector at the owner’s expense, if your dwelling unit does not have a detector.

You are responsible for replacing batteries during your lease term and checking to make sure that the smoke detector is working. It is a violation of Texas law to disable or disconnect a smoke detector. It is also a violation if you remove working batteries without replacing them. Anyone who disables a smoke detector may be responsible for damages if a fire occurs.

Carbon Monoxide Detectors

Carbon monoxide detectors are not required to be installed in rental properties. However, if the property has any gas appliances or fireplaces, it is a safety precaution to purchase and install your own detector.

What are Your Rights Regarding Security Devices?

The Texas Property Code requires that the owner provide to you at no cost when occupancy begins:

a window latch on each window
a doorknob lock or keyed deadbolt lock on each exterior door, with certain exceptions
a keyless bolting device (keyless deadbolt lock) on each exterior door, with certain exceptions for elderly and disabled residents
a door viewer (peephole) on each exterior door
a pin lock on each sliding glass door
a security bar or door handle latch on each sliding glass door

Texas law also requires the owner to rekey all exterior door locks between 1) the time the prior resident moved out; and 2) the seventh day after you move in.

If the owner fails to install or rekey security devices as required by the Property Code, you have the right to do so and deduct the reasonable cost from your next rent payment under Sections 92.165(1) and 92.164(a)(1) of the Code.

If You Sign a Lease but Don’t Move In

If you sign a lease but don’t move into the rental unit by the lease (move-in) date, the owner must return your security deposit or rent prepayment if either you or the owner find a replacement resident who is satisfactory to the owner, and if the replacement resident moves into the dwelling on or before the lease starting date.

If the owner secures a satisfactory replacement resident who occupies the dwelling before the lease starting date of the original resident, the owner may keep or deduct from the security deposit or rent prepayment: 1) a sum agreed to in the lease as a lease cancellation fee; or 2) the actual expenses incurred by the owner in securing the replacement, including a reasonable amount for the owner’s time in securing the replacement resident. There is no statutory limit on the amount of the lease cancellation fee or on the amount due for the owner’s time.

If You Must Move Before Your Lease Expires

Immediately notify the manager and offer to help find a new resident. Normally, you still will be liable for all of the rent for the remainder of the unexpired lease term even it you’ve quit school, changed jobs, lost a roommate, etc. Sometimes this can be worked out if you find a replacement. You may also be responsible for a reletting fee if the lease provides for one. This fee is a liquidated amount for damages to compensate the owner for the time and expense incurred in finding a new resident.

If You Have Not Paid Your Rent

Most leases allow the management to enter and seize items, such as televisions, radios, cameras, sports equipment, certain furniture, etc., for non-payment of rent. Such provision is valid if it is underlined or in bold print in your lease. Without a written lease that specifically gives this right of seizure, the manager must go to court to seize the property.

You cannot be permanently locked out of your apartment for failure to pay rent. However, the manager may change the doorlock when your rent is overdue. But advance written notice must be given before the lockout occurs, and you must be given the opportunity to pay your past due rent. After the lockout occurs, written notice must be left on the door telling where the key can be picked up at any hour regardless of whether the overdue rent has been paid.

Your electricity may be disconnected in certain cases. Before your electricity can be disconnected, the owner must give you advance notice as provided by Texas law. The owner must also give you an opportunity to pay any past due rent and other charges, and must reconnect the electricity promptly, as provided under the law, once you have paid all past due rent.

You can be sued for unpaid rent and attorney’s fees (if the lease so provides). If you have moved prior to the end of your lease term, the amount of any court judgment against you for future, unpaid rents must be reduced by the amount of the next resident pays in rent for your unexpired lease term.

To Help Assure Return of Your Security Deposit

Before you leave, give whatever written notice your lease requires. (Most leases require at least a 30-day written notice). Your security deposit cannot be kept for failure to give such notice unless the provision requiring it is underlined or in bold type in the lease.

You must stay for the full term of your lease.

You must give written notice of your forwarding address.

You must not be delinquent in your rent when you move out.

You must leave the premises in a clean condition and abide by any other lease provision regarding the security deposit refund.

You cannot deduct the amount of the security deposit from your last month’s rent. If you do so, you can be sued for three times the amount of the deposit, plus attorney’s fees.

Go through your apartment or other rental property with the manager to check its condition against the “move-in” inventory checklist. Within 30 days of your move-out, your security deposit or an itemized description of deductions must be mailed to you. If you don’t receive a refund or explanation postmarked within a 30-day period, you may sue for three times the amount illegally held, plus attorney’s fees and a $100 fine.

What Can Be Deducted from Your Security Deposit?

Any charge specified in the lease or any charge resulting from your breaking the lease.
Charges for damages, wear and tear resulting from negligence, carelessness, accident or abuse on your part. “Normal wear and tear” items cannot be deducted.
Unpaid rent and other unpaid charges listed in your lease, such as those for late rent payment, returned checks, missing furniture or fixtures, unreturned keys, etc.
The reasonable cost of cleaning if you fail to properly clean before you leave—many rental properties have written cleaning instructions for you to follow.
Any deduction must be listed in a written description and an itemization mailed to you on or before 30 days after you leave. However, there is no obligation that you be furnished this information if you have not paid all of your rent or if you have not given your forwarding address in writing.

Who is the Owner or Management Company?

Find out the name and address of the owner or the management company that is responsible for the property. Upon written request to the managing agent of the owner, you are entitled to be given the name and mailing address of the owner and/or the name and street address of the property management company. This information is also available to government officials acting in an official capacity. If you cannot get this information, and if you follow “statutory notice procedures” described earlier, you may be able to terminate your lease or sue for your cost of getting the information—one month’s rent plus $100, court costs, and attorney’s fees.

Major Steps in the Eviction Process

The management gives the resident written notice to vacate. If a written lease states so, this notice may be given to the resident just one day before the resident is asked to move out. If a written lease does not state otherwise, the notice must be given at least three days in advance.
An eviction lawsuit is filed by the owner in a justice of the peace (JP) court.
The resident is served lawsuit papers by the constable.
A hearing is held in JP court (shortly after resident is served with a copy of the lawsuit).
If the owner wins, a constable will evict the resident.

Note: If you believe you have a valid defense to the eviction action, you should consider retaining an attorney.

If you have signed a Texas Apartment Association (TAA) lease, the rental property owner or the company managing the property or the apartment locator service you used must be a member of the local apartment association governing that area. These TAA affiliates are often available to advise you in the event of disagreements. TAA refers all resident disputes to the local apartment association governing the property concerned.

Renter’s insurance provides protection for your personal belongings in case of burglary, vandalism, fire, storm damage, or other disasters.

Renter’s Insurance

You should buy renter’s insurance to protect your personal belongings in case of burglary, vandalism, fire, storm damage, and other disasters. The property owner’s insurance does not cover your personal belongings against loss. Unless you buy renter’s insurance, you may also be personally liable to the owner and others for certain acts that are normally covered by renter’s insurance policies. For more information, contact the Texas Department of Insurance (TDI) at (800) 252-3439 ([512] 463-6169 in Austin), or visit the TDI website (http://www.tdi.state.tx.us/).

The Federal Fair Housing Act prohibits discrimination in the housing market when based on protected classes.

The Federal Fair Housing Act prohibits discrimination in the housing market when based on any of the following protected classes:

race
color
national origin
religion
sex
family status (presence or expected presence of children under 18 or a pregnant woman)
disability (physical, mental, sensory, AIDS/HIV, or persons in recovery from addictions)

Below are examples of activities that would be violations of the law, when done based on a person’s protected class. This list is not all inclusive, but it includes the most commonly identified discriminatory acts:

refused to rent or sell housing, or to negotiate a rental or sale
falsely denied that housing was available for inspection, sale, or rental
refused to make a reasonable accommodation for a tenant with a disability
refused to allow a tenant with a disability to make a reasonable modification
asked questions about an applicant’s disability that were not necessary or appropriate for the application process
set different terms, conditions, or privileges for sale or rental of a dwelling
provided different housing services or facilities
made housing unavailable
steered or directed a renter or buyer to a specific neighborhood or area of an apartment or complex
for profit, persuaded owners to sell or rent (block busting)
denied anyone access to or membership in a facility or service (such as a multiple listing service) related to the sale or rental of housing
advertised or made a statement that indicated a discriminatory preference

Persons who may not discriminate include, but are not limited to:

landlords
resident managers or assistant resident managers
apartment maintenance crew or other staff
property managers
property owners
newspaper or other sources of advertisement
real estate agents
lenders or other financial institutions
insurance agents or companies
appraisers
builders
architects
any other person who designs, constructs, or provides housing

Additional Protection for Persons with Disabilities

To enable persons with disabilities to have equal enjoyment of housing, the Fair Housing Act provides the right to request Reasonable Accommodations, to make Reasonable Modifications, and to live in accessible housing, depending on the age of the housing.

Reasonable Accommodations

A person with a disability has the right to request that a housing provider make reasonable accommodations that will allow the person with a disability to have equal enjoyment of housing. Reasonable accommodations are changes in policy that do not change the nature of the program. Examples include, but are not limited to:

allowing a person with a working or therapy animal to live in an apartment with a “no pets” policy
providing a friendly note on the last day of the month to remind a person with a developmental disability that the rent is due the following day
providing a sign language interpreter for meetings with a tenant who has a hearing impairment

The law does not give detail as to what types of accommodations are reasonable, so it becomes a matter of judgment on behalf of both the landlord and tenant.

Reasonable Modifications

A tenant with a disability has the right to request a physical modification to his or her rental unit if it is necessary to allow the tenant equal enjoyment of housing. Examples of reasonable modifications include:

installation of a ramp
installation of grab bars
widening of doorways
installation of a lift

In most cases, the tenant bears the cost of modifications made to the property and needs to ensure the landlord that the work will be done properly and that any permits needed will be acquired. The tenant may be required to make payments into an escrow account to establish funds to remove the alteration, if indeed the change would interfere with the landlord’s or future tenant’s ability to enjoy the property.

Newer Multi-Family Housing Accessibility

Any housing that consists of four or more units, which was built for first occupancy after March 13, 1991, must comply with the seven technical requirements for new construction. These requirements are:

accessible entrances on an accessible route
accessible public and common use areas
usable doors
accessible routes into and within the dwelling
switches, outlets, and environmental controls at specific heights
usable kitchens and bathrooms
bathroom walls reinforced for grab bar installation

This area of the law is very complicated; the above requirements are just an idea of what is required in new construction. For more information concerning the Fair Housing Amendments Act design and construction requirements, contact the Fair Housing Information Clearinghouse at (800) 343-3442; TTY/TDD: (800) 483-2208; or your local HUD field office.

To find out more about disability-related fair housing issues in your area, check out the HUD website, or contact your local legal aid office or center for independent living.

Summary

As we wrap up this lesson, hopefully you have a better idea of how to evaluate various apartments or houses in relation to your specific housing needs. We have discussed ways to locate housing, what your legal responsibilities are, and what legal responsibilities the landlord has. By being an informed consumer, you can confidently choose your place to live.

References:

Off Campus Survival Manual, Student Live, Texas A&M University, College Station, Texas, 2000.
Housing and Urban Development. http://www.hud.gov/renting/index.cfm.
Texas Apartment Association. http://www.taa.org/renters/RentersHelp.php.
Fair Housing Act. http://www2.state.id.us/silc/fairhousing.htm.
Austin Tenants’ Council. http://www.housing-rights.org/gahgaa/income.html.

Resources:

The Do Able Renewable Home, AARP.