APARTMENT ASSOCIATION 
of Southeast Texas

7770 Gladys, #B
Beaumont, TX 77706
(409) 899-4455    
Fax: (409) 899-1507
Toll Free: 877-314-0557
setxaa@aol.com

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FAQ's for Residents
          

You have Questions?

We've got Answers!
             

One of the most important decisions a person makes is finding a place to live.  If you are renting, you will sign a lease, which is a legal obligation to live someplace and pay rent for a certain length of time (usually six months or a year).  There are very few exceptions in which a lease can be broken.  Therefore, your rental home should be chosen with great care.

    
When you fill out an application
           Once you find a place where you want to live, you will be required to fill out a rental application.  In most cases, you will be charged an application fee to cover the cost of running credit checks, verifying rental history, etc.  This fee is non-refundable.  You may also be asked to pay an application deposit.  This deposit is applied toward your security deposit if you are approved.  If it is not, the deposit is refundable in most cases.  However, depending on the application you fill out, the deposit may not be refunded if you are accepted, but you decide not to move in, you fail to tell the truth on the application, of for certain other reasons.  If an owner in bad faith fails to timely return an application deposit, the owner may be liable for a civil penalty of $100, three times the amount of the application deposit and reasonable attorney's fees.  There is no statutory deadline for return of an application deposit.  Texas law provides that a rental applicant will be presumed to be rejected at the end of the seventh day after the owner receives a completed rental application or application deposit, unless the owner notifies the applicant of acceptance by that time.  If the seventh day falls on a Saturday, Sunday or holiday, the deadline for notifying an applicant of acceptance is extended until the end of the next day following Saturday, Sunday, or holiday.  
       
Avoiding Problems
            Most disagreements between residents and rental housing owners or managers occur because of a misunderstanding about the obligations taken  on by each party when an apartment or other rental rental housing is leased.  The best ways to avoid problems are to:
               1.  Read your lease carefully before signing.
               2.  Ask questions about anything that is unclear.
               3.  Put everything in writing, including agreements, notices and requests.
            After you sign the lease, make sure you receive a copy.  Keep a signed copy with you and the owner/manager.  The lease is the most important set of rules to follow if you have a disagreement.  Also, keep a copy of the apartment or rental housing rules (sometimes called "community policies") and any other document you submit to the owner/manager.  
            Make a checklist of conditions of the property and furniture when you move in. (Most properties use an inventory and condition form).  Sign it, have the manager sign it and keep a signed and dated copy.  This will be your best defense in any dispute over deductions for repairs when you move out.  Keep your rent payment current as required by your lease.  You should not withhold rent, since that could make you subject to eviction and liable for paying the remaining rent.
     
What to look for in a lease
1.  Check to see how much advance notice you must give before moving out at the end of your
     lease term. (a 30-day written notice is normal when rent is paid monthly.)
2.  Look for security deposit refund restrictions.
3.  Look for your rental housing owner's obligation to make needed repairs. (A requirement for
     diligence is common.)
4.  Be sure to read any cleaning instructions. (Cleaning costs usually can be deducted from your
     security deposit if you fail to follow instructions.)
5.  Check on prohibitions against subletting or keeping animals.  (Written permission is usually
     required.  Also, there is usually an extra deposit for animals.)
6.  Ask the manager to write in and initial any oral agreements or changes in the lease that are agreed upon by you and the owner's representative.
       
When the Owner can enter your unit
            You should check your lease for provisions outlining when the owner/manager may enter your unit.  There are many legitimate circumstances in which management needs to enter, regardless of whether anyone is present in the unit.
             The more important reasons can include: 
             1.  Responding to repair requests.
             2.  Preventative maintenance.
             3.  Showing the dwelling to prospective buyers or renter, and
             4.  Responding to any situation threatening the health or safety of residents or damage to
                  the property.
             
Smoke Detectors
            All residential rental dwellings (including apartment) must have smoke detectors installed by the owner.  You may demand installation of a smoke detector at the owner's expense, if the dwelling unit does not have detectors.  You are responsible for replacing the batteries during your lease term and checking to make sure that all smoke detectors are working properly.  It is a violation of Texas law to disable or disconnect a smoke detector.  It is also a violation if you remove working batteries without replacing them.  Anyone who disables the smoke detector may be responsible for damages if a fire occurs.
           

If you have a question, and it has not answered by one of the points above, please contact our Association office.  We will be happy to help you!

What TAA does for Renters:

  • TAA, though its Education Foundation, has developed Renting 101, a program to better educate first-time renters about their rights and responsibilities. Go to www.taa.org.

  • We communicate regularly with our members about changes in the laws and regulations that govern rental property, and provide resources and assistance to ensure that our members are operating effectively, legally and ethically.

  • TAA has been a key proponent of legislation that has increased habitability and security standards for residents of rental housing. Legislation supported by TAA has set the standard for security devices (locks and other items) required in residential rental housing. Texas laws are among the nation's toughest for required security devices and for return of security deposits.

  • We've also supported uniform statewide fencing requirements for pool yards at rental properties. These requirements help improve pool safety and reduce the likelihood of accidental drowning.

  • TAA has also been instrumental in supporting the passage of meaningful tort reform in the state. These reforms have helped keep a lid on operating costs and costs associated with frivolous lawsuits, which can add to the cost of rent.