Posts Tagged ‘ renting to tenants Texas ’

Accurate Credit Bureau Feedback

Jeff, many thanks for processing this for me in record time.  It was most helpful, AND the apartment was rented!
Marrgo
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It’s Floodin’ Down in Texas – Accurate Credit Bureau – and a tree fell on our roof!!!

Accurate Credit Bureau Landlord Advice Tenant Security Deposit

Deadline for Returning Security Deposits by State

The following list is a guide to help landlords determine when the security deposit must be returned to the tenant. As a reminder to all landlords, you should be performing a walk through prior to the tenant moving as this will prevent arguments as to the condition of the unit at move out.

Alabama 35 days after termination of tenancy and delivery of possession
Alaska 14 days if the tenant gives proper notice to terminate tenancy; 30 days if the tenant does not give proper notice
Arizona 14 days
Arkansas 30 days
California Three weeks
Colorado One month, unless lease agreement specifies longer period of time (which may be no more than 60 days); 72 hours (not counting weekends or holidays) if a hazardous condition involving gas equipment requires tenant to vacate
Connecticut 30 days, or within 15 days of receiving tenant’s forwarding address, whichever is later
Delaware 20 days
District of Columbia 45 days
Florida 15 to 60 days depending on whether tenant disputes deductions
Georgia One month
Hawaii 14 days
Idaho 21 days, or up to 30 days if landlord and tenant agree
Illinois For properties with five or more units, 30 to 45 days, depending on whether tenant disputes deductions or if statement and receipts are furnished
Indiana 45 days
Iowa 30 days
Kansas 30 days
Kentucky 30-60 days, depending on whether tenant disputes deductions
Louisiana One month
Maine 30 days (if written rental agreement) or 21 days (if tenancy at will)
Maryland 45 days
Massachusetts 30 days
Michigan 30 days
Minnesota Three weeks after tenant leaves, and landlord receives mailing address; five days if tenant must leave due to building condemnation
Mississippi 45 days
Missouri 30 days
Montana 30 days (10 days if no deductions)
Nebraska 14 days
Nevada 30 days
New Hampshire 30 days; for shared facilities, if the deposit is more than 30 days’ rent, landlord must provide written agreement acknowledging receipt and specifying when deposit will be returned — if no written agreement, 20 days after tenant vacates
New Jersey 30 days; five days in case of fire, flood, condemnation, or evacuation; does not apply to owner-occupied building with two or fewer units where tenant fails to provide 30 days’ written notice to landlord invoking provisions of act
New Mexico 30 days
New York Reasonable time
North Carolina 30 days
North Dakota 30 days
Ohio 30 days
Oklahoma 30 days
Oregon 31 days
Pennsylvania 30 days
Rhode Island 20 days
South Carolina 30 days
South Dakota Two weeks to return entire deposit or a portion, and supply reasons for withholding; 45 days for a written, itemized accounting, if tenant requests it
Tennessee No statutory deadline to return; 10 days to itemize
Texas 30 days
Utah 30 days, or within 15 days of receiving tenant’s forwarding address, whichever is later, but if there is damage to the premises, 30 days
Vermont 14 days
Virginia 45 days
Washington 14 days
West Virginia No statutory deadline
Wisconsin 21 days
Wyoming 30 days, or within 15 days of receiving tenant’s forwarding address, whichever is later; 60 days if there is damage

Accurate Credit Bureau Texas Rental Laws

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:

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.
Court Related:

Small Claims Court Limits: $10,000
Collection agents or agencies, money brokers, and moneylenders are not allowed to use in small claims court.
Business Licenses:

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