As a young adult, you might live away from your guardians’ home for the first time. Whether you are renting an apartment or buying your first house, finding a place can be exciting,  but also presents several potential legal issues you should be prepared for. As you search for that perfect place, it is important to visit an apartment in person before moving in to determine if the housing is a good fit. When scheduling a visit, bring a trusted person with you. It can be overwhelming to visit an apartment without knowing what to ask. 

Below are some questions you can consider asking the landlord or property manager during your visit. If you sign a written lease (contract to rent an apartment), you should make sure the lease aligns with what the Landlord or property manager told you:

• Questions about rent and utilities
  • When is rent due?
  • Is there a grace period?
  • What are the late fees?
  • What utilities (water, electric, gas, etc.) are included in the rent?

• Questions about maintenance and management
  • How are maintenance requests made, and how long does it usually take for repairs to be completed?
  • How does management staff handle complaints about maintenance? 
  • What are your most common maintenance requests? 
  • How do you handle pest control? What are your most common pests? 
  • How can I report problems with another resident? How do you handle such issues? 
  • Will I be assigned a parking space? Is parking covered? 

• Questions about safety 
  • Have you had any unit or car break-ins in the past year? How did you address them? 
  • Do you have security? What hours of the day do they patrol the apartment complex?
  • What is the most common safety complaint of residents? 
  • Do the apartment windows lock? 
  • Does the door have a deadbolt? Can I have one installed?
    • A Landlord has a legal obligation to provide safety devices such as deadbolts, peepholes, and smoke detectors

Basics of Entering Into a Lease

When you find your apartment or home, you may be asked to sign a written lease. The lease is a contract agreement between you (tenant) and the owner of the property (landlord). 

Here are a few important legal guidelines to follow regarding lease agreements:

• A landlord can generally refuse to rent an apartment or house to you, but some laws protect you from being denied housing based on race, religion, familial status, or national origin.
• A lease is a contract. Once you sign it, you are required to abide by the terms.
• You must be at least 18 years of age to sign a lease.
• A lease agreement longer than one year must be in writing. A lease for less than one year does not have to be in writing to be enforceable.
• After you sign a lease, the law requires a landlord to provide you with a copy of that completed and signed lease within three business days. 

5 tips to protect you from getting locked into a lease you regret:

• Don’t sign what you don’t understand. Read the lease agreement and ask questions until you fully understand. 
• Some Landlords may demand to stick to a form lease agreement, but if you can negotiate changes, make sure those changes are reflected in the final lease. If you cross out or change any terms, make sure that you and the landlord initial next to those changes.
• Do not sign if intimidated or just “trust” a pushy salesperson. Read and understand the lease yourself or walk away!
• Do not assume that just because a lease is printed it is final or the terms are acceptable. 
• If you are entering into a lease with roommates, make sure you understand your obligations and potential liability. You could be stuck paying 100% of the rent if your roommates decide to move out! 

Security Deposits

Typically, a landlord requires payment of a security deposit when you enter a lease. The security deposit is usually equal to one month’s rent but can be any amount. The security deposit is kept by the landlord to pay for damage, unpaid rent, or out-of-the-ordinary cleaning costs. If the landlord uses any of your security deposit to pay for these expenses, they must itemize (list and describe) those costs and give you that receipt. Any amount not used from the security deposit must be returned to you within 30 days of moving out.

Pro tip: Make sure to complete the questionnaire about the state of your apartment or leased space when you move in, and keep a copy for yourself with photos, so you don’t get charged for pre-existing damage when you move out.

Do I have to let my Landlord in my apartment? What do they have to do for me?

Yes, you are required to let your landlord enter your apartment at reasonable times to inspect, make repairs, or show the unit to prospective tenants. If you are not certain whether someone knocking on your door is a representative of your landlord, call the leasing office and ask. You are also required to let your landlord enter to preserve or protect the premises.

When is a landlord required to make repairs?

A landlord must make diligent efforts to repair or remedy a problem with your space if:

• You give written notice of the problem to the person you normally pay your rent.
• You are current in paying your rent.
• The problem materially affects the physical health or safety of an ordinary tenant.
• The problem is not caused by you or your family member or guest.

Also, a landlord is required to exercise care to keep the rental property safe and habitable (livable). This means that the landlord could be sued for certain reasons, including: 

• Injuries caused by a hazardous condition that was known to the landlord, but not known to the tenant at the time the lease was signed. 
• Injuries caused by a faulty condition that the landlord had promised to repair (but failed to do so promptly) or where the landlord (or employee of the landlord) made the repair but did so carelessly or negligently. 
• Illnesses caused by hazardous building materials, poor ventilation, or mold.
• Injuries caused by hazards that would violate building codes, such as poorly maintained banisters or railings. 

I violated my lease agreement. What happens now?

Check your lease to see if it describes the penalties for violating your lease. Damages may be taken out of your security deposit or your landlord may have a right to evict (remove) you for certain violations. More seriously, if you break a lease, you may be subject to the following:

• You can be sued and be ordered by a judge to pay your landlord for items like cleaning costs, physical damage, unpaid rent, certain other costs of re-letting to a new tenant, and (if listed in the lease) the landlord’s attorney’s fees.
• You can incur penalties, including punitive (punishment) interest.
• You can have your credit rating damaged. 

I’m ready to move out! What happens?

Check your lease for details on how to terminate your lease. If you reach the end of your lease term and continue month-to-month, you must give one month’s notice to terminate unless your lease specifies a different notice period.

If you’re interested in learning more, please visit the resources below:

• Evicted in Texas: Landlord and Tenant Rights (https://tyla.org/resource/evicted-in-texas-landlord-and-tenant-rights/)
• Tenants’ Rights Handbook (https://tyla.org/resource/tenants-rights-handbook/)
• Tenants’ Rights Handbook (Spanish) (https://tyla.org/resource/tenants-rights-handbook-spanish/)