House Bill 2427 Addresses Tenant-Landlord Issues
March 6, 2009
Rep. Joe Deshotel of Beaumont has filed House Bill 2427 in the Texas House of Representatives. This bill addresses a number of tenant-landlord issues including:
- A tenant’s right to terminate a lease without penalty due to job loss or violent crime;
- Amounts owed to a landlord if a tenant terminates a lease early without cause;
- When a landlord may enter a rental unit;
- When a landlord may report a debt to a credit reporting agency;
- Evictions;
- Reimbursement of utility services if the landlord uses a tenant’s electricity; and
- No discrimination based on a tenant’s source of income.
Call your state representative to let him/her know your thoughts on the proposed legislation. Find out who represents you.
If you would like to speak before the Texas Legislature on these issues, contact the Austin Tenants’ Council at 512-474-7006.
Entry Filed under: Evictions, Fair Housing, Lease Terms. .
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1.
kevin phelps | March 23, 2009 at 5:58 pm
I was given notice by the management of the HACA complex at Chalmers Courts a couple of weeks ago stating that they had an annual inspection going on and that I had to have everything clean and neat between 3-17-2009 and 5-4-2009. In the past I’ve gotten notices about the ‘bug man’ needing access during an eight hour period on a given day. I had no problem with that at all, but this is a seven week time frame. Is there a limit as to how long they can legally make a ‘time frame’? I realize that by just living in public housing that I’m essentially ‘owned’ by HACA, which also means that they can do whatever they want and when they want to do it. Which also applies to this seven week time frame. I would like to be home when they came to inspect so I can make whatever corrections they might happen to come up with at the time of inspection, or as soon thereafter as possible. I’ve heard too many residents complain about ‘management’ coming in any time they want and things turning up missing upon the residents return.
2.
austintenantscouncil | March 23, 2009 at 7:13 pm
This seven-week timeframe does seem ridiculous. Ask the manager whether s/he intends to give two-day advance notice in addition to this notice. If not, you should write a note requesting two days’ advance notice of the inspection, take it to the manager, and have the manager file-stamp a copy for your records.
3.
CandiW | April 2, 2009 at 7:26 pm
What is the timeframe that the landlord has to return the tenant’s security deposit?
4.
austintenantscouncil | April 2, 2009 at 7:53 pm
The landlord must return the security deposit within 30 days of the tenant moving out AND providing a forwarding address in writing.
5.
Lee Campos | April 20, 2009 at 5:59 pm
Before I renewed my lease, I had saved a dog from an animal shelter by adopting it when she was 6 months old. When I renewed my lease, the landlady demanded a second pet deposit. When she asked me the breed, I told her it was a boxer mix. She then wanted to know when she would have the deposit. The lease was renewed in February and it’s now April. She sent me a letter that states I need to remove my boxer mix pet because of a verbal agreement we made (never made one except for giving another pet deposit). Can she do that? She says I have 72 hours to remove my pet.
6.
austintenantscouncil | April 21, 2009 at 4:00 pm
You need to be able to show in writing that the landlord agreed to your second dog. Is the boxer listed on the lease you renewed? Do you have proof of your pet deposit? Verbal agreements are usually not enforceable, and most leases say that verbal agreements will not change the written lease. Can your landlord show that she does not allow boxers at the property, i.e. are there written community rules that list unacceptable breeds of dogs? If you don’t remove your dog and the landlord wants to pursue this matter, she would have to take you to court and a judge would have the final say.
7.
bill | April 21, 2009 at 5:05 am
What can one say to neighbors who complain about a rental in their neighborhood to a minority…besides giving them a copy of the Fair Housing Laws?
8.
austintenantscouncil | April 21, 2009 at 4:10 pm
Fair housing is important simply because it is the law. We all have rights, and fair housing helps protect us against discrimination. Simply put, that’s fundamental to our community values. By promoting equal access to home ownership and rental housing opportunities, it makes Austin a stronger community and better place in which to live and work. Housing plays a large role in defining a person’s quality of life. Where you live affects your access to social, cultural, educational, and many other community amenities such as schools, transportation, employment, medical services, retail and professional services, recreational and entertainment opportunities, and much more. Housing discrimination is an illegal obstacle to housing choice and denies people the opportunity to fully experience and enjoy the “American Dream” of choosing, owning, and being responsible for their own house and home.
9.
Linette | May 1, 2009 at 11:06 pm
My lease was up a month ago. Right now I’m paying $1265 +100 for month to month. I know that the market rent has dropped and has gone down to $1083 for my apartment. Isn’t this the amount that I should be paying? Plus the $100 for month to month.
Also, my complex is offering the same apartment for a much lower rate. Since my lease term is already up, if I renew shouldn’t they offer me the same rate that newer tenants are getting? They told me that they cannot go down on the rate that I previously paid. The only reason I was paying that amount was because I only did a four-month lease at that time.
10.
austintenantscouncil | May 4, 2009 at 2:01 pm
Unless you live at an apartment complex that offers a rent assistance program based on your income, the market rent does not strictly determine how much rent you owe. If you agreed in your lease to pay $1,265, that’s what you owe until you sign another contract. You can try to negotiate a lower rent with the landlord. If you’ve been a good tenant, bring that up to the landlord. The landlord shouldn’t want to lose someone who has paid rent on time. If you can’t reach an agreement, you have the right to give notice and move.
11.
Texas512 | May 15, 2009 at 11:07 pm
My lease ended in November 2008 and I signed a 6-month lease which was due to end May 31, 2009. Five days after signing that lease I changed it to a 12-month lease which ends January 2010. The 12-month renewal option consisted of a $300 discount off of the December 2008 rent and the installation of a programable thermostat.
December-Febuary I kept asking about the programable thermostat and kept getting bogus answers. So now it has been 6 months and they have had ample time to install that programmable thermostat. So yesterday I spoke with management and asked them if I could pay the $300 discount back and honor the 1st lease signed (ends in May 31) and they responded I could only break the lease and deal with the penalties. Is there anything I can do to get out that lease? By them not fulfilling the special incentives (installing programmable thermostat) to renew lease, is that a breach of contract on their part being that they’ve had ample time to install it?
12.
austintenantscouncil | May 26, 2009 at 6:31 pm
Do you have the landlord’s offer about the thermostat in writing? If yes, send the landlord a demand letter stating that the landlord will be in breach of the lease if he does not install the thermostat promptly (within 7 to 10 days from receipt of your letter). Keep a copy of your letter and mail it by certified mail so you will have proof of receipt.
13.
Susan | June 1, 2009 at 4:06 pm
When I originally signed my lease it was for $815 a month, all utilities included. At the time of signing, I was told that if I re-signed I would receive some sort of incentive or discount for being a “loyal tenant.” I knew this was true because my neighbor received a discount after re-signing. However, my apartment complex was turned over to a new management company. When I went to re-sign, they did not maintain any agreements from the prior owners and told me that if I resigned for the current rate before Jan. 31 (which was $60 more than my original lease – so $875 – and it had a $50 cap on utilities, instead of it being included like it was on the former lease) then I could re-sign again at any time before Aug. 1 for the best deal of the year. It was my understanding that this not only included the lowest rate, but also the best deal with utilities. I believed them and after basically being coerced into signing the new lease, the rates did drop. I have been in contact with the front desk twice a month making sure I could re-sign for the lower rate with half of my utilities included, each time we talked they said I could anytime before Aug. 1. When I asked for it in an email I was told that it was not necessary because it would be in the new lease that I could sign anytime before Aug. 1 and I accepted their word on that. Now, however, they have back-peddled saying that I could re-sign for the lower rate but none of my utilities would be included, and even though there was a period of time where half of them were included my “window of opportunity has passed and the lease has been changed again.” Is there anything I can do to make them agree to what they had been promising me? Or any way I could now get out of the lease considering I signed it under false claims by the management?
14.
austintenantscouncil | June 1, 2009 at 5:07 pm
Do you have any of these offers in writing? If yes, you may be able to get management to honor the proposal by sending them a letter with a copy of the offer. If not, getting them to honor a verbal offer is going to be an uphill battle.
To terminate your lease without penalty, you must be able to show that management breached the contract with you. Are you paying something different than what it says in your lease? If you’d like an ATC counselor to review your lease, please make an appointment by calling 474-7007.
If you believe management acted deceptively, you can file a complaint with the Attorney General’s Office of Consumer Protection.
15.
Chris Kirk | June 12, 2009 at 3:12 am
I have never been late on rent in the lease I am currently in. At the beginning of this month, I gave the apartment staff my unemployment card over the phone to take a portion for the rent. They never withdrew the money, and I received an eviction notice last night giving me until Saturday night to vacate. I was never contacted about any unpaid balance. No phone calls. No letters on my door. Nothing. Then I received the eviction notice. Also, when I was first laid off, I had a problem getting my unemployment. I went to the manager asking to be released from my lease because I could not pay it without a job or unemployment benefits. She told me it would cost close to $5000 to get out of my lease, more than twice what was left in unpaid rent. What are my options here?
16.
austintenantscouncil | June 12, 2009 at 5:14 pm
You do not have to move out by Saturday night. However, that notice is the first step in the eviction process. You should talk with the manager about payment arrangements. If you have a copy of the agreement you made earlier about paying the rent with your unemployment, show it to the manager. The TAA lease requires that such agreements be in writing.
Unfortunately, a job loss does not release a tenant from a lease. If you move out early, the landlord can hold you responsible for the rent until the lease expires or until someone else moves into the apartment.
17.
ebone moses | June 17, 2009 at 11:54 pm
Please HELP! I just made a long distance move that I had to save up for. The move was 4200 and the deposit and rent totalled 2200. I just moved in May 1. Apparently the house was foreclosed on May 5 and I have been served with eviction papers. I have thoroughly studied the newly signed tenant rights law of May 20, 2009. It states that it goes into effect immediately; however, the new owners say that it doesn’t apply to me since they bought the house on May 5. I have paid my rent on time to the previous owner and have a copy of my lease. The new owners won’t accept rent from me for this month. Can’t I at least ask the judge for the 90 days since I wasn’t notified or served until after May 20? Additionally if the judge finds in favor of the plaintiff and rules that I have to pay an appeal bond in order to appeal the case, if I lose after the appeal, will I get my money back? Thank you, desperate
18.
austintenantscouncil | June 18, 2009 at 2:45 pm
The new federal law on foreclosures became effective on May 20, 2009. Unfortunately, this law would not apply in your situation because the foreclosure occurred before May 20, 2009. Did the new owners give you written notice to move? According to section 24.005 of the Texas Property Code, the tenant must receive at least 30 days written notice to vacate after foreclosure, providing the tenant has timely paid the rent during the month of foreclosure. The former owner is responsible for returning your security deposit. You should send a demand letter to the former landlord giving 10 days from the date the letter is received to return the security deposit. Sending this letter by certified mail, return receipt requested is recommended. The landlord, however, may have the usual 30 days to refund the security deposit. The security deposit law does not provide a time period for refund of a deposit following a foreclosure, but it is assumed to be 30 days.
Please talk to a lawyer about appealing a judgment. Volunteer Legal Services of Central Texas offers a free legal advice clinic twice a week.