People s Law School 2018 LANDLORD / TENANT Scott Phillips Partner, Phillips & King PLLC 817-523-9529 contact@phillipsking.com
Changes to Landlord Tenant laws in 2017-2018 Calls for Emergency Assistance Texas Property Code 92.015 (Effective September 1, 2017) Landlord cannot limit tenant's right to summon emergency assistance *if* the tenant reasonably believes they are in need of help. Enacted in response to morals clauses evicting people for calling police.
Changes to Landlord Tenant laws in 2017 2018 (cont) Shared Water Meters Texas Water code Section 13.501 (Effective September 1, 2017) Addresses complaints with landlord billing for shared water meters. By "addresses complaints" I mean the bill removes tenant's ability to sue for overbilling. Complaints mush now be lodged with the Public Utility Commission. Before: Civil penalties of one month s rent, three times the amount of any overcharge, attorney fees and court costs. Now: Owner can be orderd to pay back overcharges and *can* be fined up to $5,000 per violation per day (if PUC launches a formal investigation).
Changes to Landlord Tenant laws in 2017 2018 (cont) Towing Still up in the air, rules are emerging. Before: If a landlord towed a car, the car had to be taken to an offsite indepedent location. Now: Landlords will be permitted to tow cars to different locations on the same property.
Changes to Landlord Tenant laws in 2017 2018 (cont) Questions: Towing What kind of notice will the tenants get if their vehicle is moved? What happens if the vehicle is damaged during the move? Can the landlord move the vehicle to a "secured" area and charge the tenant to get it back? Rule making was suppose to be finished in January 2018. It's still not done yet.
Changes to Landlord Tenant laws in 2017 2018 (cont) Criminal Background Checks Texas Property Code Sec. 92.025 Shields the landlord from liability for renting to a tenant previously arrested, convicted, or on probation for a criminal offense. HUGE exception: does not apply to convictions for so called 3G offenses (murder, kidnapping, sexual assault, etc).
Ways to protect yourself (tenant) 1) GET IT IN WRITING Leases Modifications to leases Pet deposits Addendums (bed bugs, arbitration, morals clauses) Lease terminations
Ways to protect yourself (tenant, cont) 2) Document everything (move in and move out) Everyone has a smartphone now. Use it! Make video of every room. Go *slowly*. Narrate the video. If there is a problem, zoom in and emphasize it. This goes for move in, move out, and with any repairs made.
Ways to protect yourself (tenant, cont) 3) Keep your paperwork In the event of a dispute, the lease agreement and all amendments control. Use your phone to take pictures of your paperwork. Then email it to yourself. If the landlord has never provided a copy of the lease to all tenants, then they must give a copy of the signed lease within 3 days of a written demand. Texas Property Code Sec. 92.024(b).
Ways to protect yourself (tenant, cont) 4) Create a paper trail of payments Ideally, pay with personal checks when you can. They re traceable; You know when they re cashed; You know who cashed it. If the landlord requires online payment, keep the receipts. AVOID: Money orders (not traceable); Cash (if no other option, landlord is required to give a receipt).
Ways to protect yourself (tenant, cont) 5) Know your lease Does it contain a morals clause? Did it require a background check? What are the pet policies? Separate Disclosures are part of the lease (bed bug, mold, etc).
Ways to protect yourself (tenant, cont) 6) When in doubt, put it in writing and mail it certified mail return receipt requested. Notice is generally required under Texas Property Code Sec. 91 and 92. Not email; Not text; If it was verbal it never happened.
Useful resources Texas Attorney General - tenant rights https://texasattorneygeneral.gov/cpd/tenant-rights Texas Tenant Advisor http://texastenant.org Austin Tenants' Council (their forms are awesome) http://www.housing-rights.org/forms.html
Takeaways Texas does not have extensive tenant protections. Texas generally defers to the contract signed between the parties. KEEP YOUR CONTRACT! Regulations on landlords vary wildly from city to city, and from urban areas to rural ones. Just because your name isn t on the lease doesn t mean you don t have rights!
Conclusion Questions?