We are going to start with Texas (since our headquarters is in Texas) and post State by State Law daily…
Texas Rental Lease Law
Security Deposit Maximum: No statute
Security Deposit Interest: No statute
Separate Security Deposit Bank Account: No statute
Pet Deposits and Additional Fees: No statute
Deadline for Returning Security Deposit: 30 days
Require Written Description / Itemized List of Damages and Charges: Yes
Record Keeping of Deposit Withholdings: No statute
Lease, Rent & Fees:
Rent Increase Notice: No Statute
Late Fees: Reasonable amount allowed
Returned Check Fees: No statute
Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): No Statute
Tenant Allowed to Repair and Deduct Rent: Yes, but not more than 1 month’s rent or $500. Tenant must give prior notice to Landlord.
Landlord Allow to Recover Court and Attorney’s Fees: Yes
Termination due to Public Indecency: Immediate
Subletting: Prohibited without prior consent
Landlord Must Make a Reasonable Attempt to Re-rent if Tenant Vacates: Yes
Notices and Entry:
Notice to Terminate a Lease – Yearly Lease: at least 1 month
Notice to Terminate a Lease – Month-to-Month: at least 1 month but tenant and landlord can make agreements in writing that differ from this.
Notice of date/time of Move-Out Inspection: No statute
Eviction Notice for Nonpayment: 3 days to pay or move-out – Landlord can file for eviction 3 days after notice is received.
Eviction Notice for Lease Violation: No Statute
Required Notice before Entry: No Statute
Entry Allowed with Notice for Maintenance and Repairs (non-emergency): No Statute
Entry Allowed During Tenant’s Extended Absence: No Statute
Notice to Tenants for Pesticide Use: No Statute
Emergency Entry Allowed without Notice: No Statute
Disclosures and Miscellaneous Notes:
Landlord must identify, in writing, the name and address of the property owner.
Landlord must identify, in writing, the name and address of the property manager.
Landlord can remove personal property of a tenant who has abandoned the property 30 days after sending postmarked certified notice, and if no one has claimed the items. (Sec. 92.014.5)
Landlord must inform the Tenant, in writing, that they have the right to “Repair and deduct or the option to terminate the lease”, if the Landlord fails to make repairs that directly affect the health or safety of an ordinary tenant.
Landlord must inform the Tenant, in writing, that they may break a lease early in special circumstances involving sexual assault, sexual abuse, or domestic violence.
Landlords can require tenants to provide proof of domestic violence status before releasing tenants from a lease.
Small Claims Court Limits: $10,000
Collection agents or agencies, money brokers, and moneylenders are not allowed to use in small claims court.
Business License required: No state-wide statute, but local cities and counties may have regulations and requirements. Check with your local governing authority.
To download a rental lease or rental application go to http://www.accuratecredit.com/html/freerentalapplications.html
To screen a prospective tenant go to http://www.accuratecredit.com