[TX] What should a landlord know about rights, evictions, leases, and military tenants?
I’ve acquired some real estate and want basics before renting.
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Key Texas tenant rights & your duties: habitable premises (Tex. Prop. Code §92.052); timely repairs after written notice (often ~7 days for health/safety issues, Tex. Prop. Code §92.056–§92.0563); privacy—no statute on entry notice but give ~24 hours (emergencies excepted); due process before eviction—serve notice (default 3 days unless lease says otherwise) and file in Justice Court; return security deposit within 30 days with itemized deductions (Tex. Prop. Code §92.101–§92.109); no retaliation (Tex. Prop. Code §92.331–§92.335). Landlord duties include safety/health codes, required door/window locks, written lease/rules, proper eviction process, and fair-housing compliance. Use a solid written lease—Texas Apartment Association (TAA) forms are widely used.
Generally landlord-friendly if you follow the steps. Condensed Texas eviction:
- Written Notice to Vacate (default 3 days; lease can change this).
- File forcible detainer in Justice Court (attach lease, notice; filing + service ≈ $100–$300).
- Hearing in about 6–10 days; if you win, judgment for possession.
- Appeal window: tenant has 5 calendar days.
- Writ of Possession: after 5 days, request writ; constable posts 24-hour notice, then can remove if still in place. Total time (uncontested): ~2–3 weeks. Common pitfalls: bad notice, retaliation/discrimination issues.
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I’ve acquired some real estate and want basics before renting.
Richard
Will you use a long-term lease or month-to-month?
Long-term lease. What rights do tenants have? In eviction cases, is Texas more landlord-friendly? What’s the condensed process? What is the eviction process?
Richard
Key Texas tenant rights & your duties: habitable premises (Tex. Prop. Code §92.052); timely repairs after written notice (often ~7 days for health/safety issues, Tex. Prop. Code §92.056–§92.0563); privacy—no statute on entry notice but give ~24 hours (emergencies excepted); due process before eviction—serve notice (default 3 days unless lease says otherwise) and file in Justice Court; return security deposit within 30 days with itemized deductions (Tex. Prop. Code §92.101–§92.109); no retaliation (Tex. Prop. Code §92.331–§92.335). Landlord duties include safety/health codes, required door/window locks, written lease/rules, proper eviction process, and fair-housing compliance. Use a solid written lease—Texas Apartment Association (TAA) forms are widely used.
Generally landlord-friendly if you follow the steps. Condensed Texas eviction:
- Written Notice to Vacate (default 3 days; lease can change this).
- File forcible detainer in Justice Court (attach lease, notice; filing + service ≈ $100–$300).
- Hearing in about 6–10 days; if you win, judgment for possession.
- Appeal window: tenant has 5 calendar days.
- Writ of Possession: after 5 days, request writ; constable posts 24-hour notice, then can remove if still in place. Total time (uncontested): ~2–3 weeks. Common pitfalls: bad notice, retaliation/discrimination issues.
Got it! For a beginner landlord, any must-have clauses for the rental agreement?
Richard
The TAA standard form covers what you need.
Any other must-haves you’d include?
Richard
I’d still use the TAA form—it’s comprehensive.
Most of my tenants are military. Anything specific to know?
Richard
If they’re active duty and deployed, they can break a lease under federal protections.
Got it, thank you.
Richard
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