Know Your Rights as a Tenant
- Read your Lease. Your lease is the agreement which contains most of your rights and obligations. If you don't read it you don't know what the rules are.
- Educate yourself. The first and most important thing you can do is to read your lease. If you lease your home through a realtor then you should ask if they use the Texas Association of Realtors (TAR) Lease. This lease, which can only be used by Realtors, is designed to be in compliance with Texas laws and is written in easy to understand language. Reading and understanding your lease is the most important first step you can take.
- Only deal with licensed professionals. It is helpful if your landlord uses a professional management firm which is a Real Estate firm licensed by the Texas Association of Realtors (TAR) and associated with either a) the Texas Apartment Association (TAA) or b) the National Association of Residential Property Managers (NARPM). These organizations help educate your landlord and have training and ethics obligations to insure tenants are treated fairly.
- Don't rely on what your friends tell you. It is interesting how many people believe they "know" the rights you have. There are federal, state and local laws governing your lease, and these laws vary depending on where you live. A law which exists in Arizona may not be the same law you have in Texas. If a right does not exist as a law or is it not written into your lease contract then you probably do not have that right. In Arizona you have a right to expect twenty-four hours notice before your landlord can enter the home you are renting. In Texas this right does not exist and your landlord can enter your home with any good reason during reasonable hours. If you moved here from Arizona and did not understand this difference you could end up in an uncomfortable situation or confrontation with your landlord when they exercise their rights and you feel they are overstepping their boundaries.
- Get it in writing! Most problems are because two people didn't have the same understanding of what was meant. If two people agree to something it is generally binding as long as the agreement does not break a law. Don't accept someone word, make them put it in writing in order to protect yourself. The action of putting a commitment in writing makes both sides think more seriously about what they mean and it is more likely everyone will follow through. If someone doesn't follow through, then having a written agreement gives you an opportunity to prevail if you ever have to go to court to protect your rights. A written agreement doesn't have to be fancy, an email or a hand written note is often enough to make sure you get what you want.
- Remember - a lease is a legal contract. If you have any questions at all about the contract ask an expert (a lawyer) for advice