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CORPUS CHRISTI APARTMENT ASSOCIATION
TAA: Before
You Rent
FAQ: Questions asked most often
by residents of rental housing
When maintenance repairs are not taken care of can
I withhold rent?
Can I be locked out of my apartment?
I am being transferred with my job, can I get out
of my lease?
Can the manager take items from my apartment if
I have not paid rent?
Can the apartment staff enter my apartment if I am
not home?
I am moving, can I apply the security deposit toward
my last months rent?
I would like information on rent increases, what
is legal?
My apartment has been severely flooded and my belongings
were damaged. The flood was not my fault. Is the property responsible
for replacing the items that I lost?
How much grace period must I be given before my
rent is considered late?
How long after I move out does the owners have
to return my security deposit?
Can I sublet my apartment?
I gave a deposit and then decided not to lease the
apartment. Can the landlord keep my money?
When maintenance
repairs are not taken care of can I withhold rent?
It is a state law that a resident cannot withhold rent for needed
repairs. If the resident does withhold rent for non-repair, the
owner has a right to evict for non-payment of rent.
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If I don't pay rent
can I be locked out of my apartment?
The Texas Civil Statute, Section 92.0081 states that the landlord
has the right to change the door locks on an apartment unit if the
rent is delinquent. However, they have to first notify the resident
at least three days before the locks are to be changed. After the
lock-out the owner must leave notice where the key can be obtained
24 hours a day. They cannot deny the resident access to the apartment.
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I am being transferred
with my job, can I get out of my lease?
No. Unless you have a transfer clause in your lease, you are liable
for the remainder of the rent through the end of your lease or until
the apartment is rented to another occupant. There are exceptions
for the military.
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Can the manager take
items from my apartment if I have not paid rent?
Section 54.041 of the Texas Civil Statute states that non-exempt
items can be held providing that the clause is in the lease. It
must also be either underlined or in bold print. If you have this
clause in your lease, and if you have a TAA lease you do, the management
may seize property that is non-exempt by statute and hold it until
the rent is paid.
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Can the apartment
staff enter my apartment if I am not at home?
Under the TAA Lease Contract, the apartment management and/or maintenance
personnel do not have to wait until you are home to enter your apartment
for any of the following:
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Requested repairs. |
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Estimating repair costs. |
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Pest control; preventive maintenance. |
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Filter changes. |
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Testing or replacing smoke-detector batteries. |
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Retrieving unreturned tools or appliances. |
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Preventing waste of utilities; exercising
contractual lien. |
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Leaving notices. |
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Delivering, installing, reconnecting or
replacing appliances, furniture, equipment, or security devices. |
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Removing or re-keying unauthorized security
devices. |
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Removing unauthorized window coverings. |
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Stopping excessive noise. |
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Removing health or safety hazards. |
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Removing unauthorized pets. |
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Cutting off electricity according to statute. |
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Retrieving property owned or leased by former
residents. |
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Inspections when immediate danger
to person or property is suspected. |
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Entry by a law-enforcement officer with
search or arrest warrant. |
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Showing apartment to prospective residents
(after move-out or vacate notice has been given). |
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Showing apartment to government inspectors,
fire marshals, lenders, appraisers, prospective buyers or insurance
agents. |
However, a notice of entry is to be left inside your apartment
stating that they were inside your apartment and the reason.
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I am moving, can
the security deposit be applied toward my last months rent?
Your security deposit is not a part of your rent payments. If you
deduct the amount of your security deposit from your final rent
check, you could be liable for the cost of re-letting fee in addition
to the unpaid rent.
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I would like information
on rent increases, what is legal?
Under the terms of the TAA lease, no rental increases can be given
until the initial lease term has expired. After the lease has expired,
an increase of any amount (the state of Texas has no rent control)
can be given provided the resident has been served with a 35 day
notice prior to the effective date of the new rental amount.
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My apartment has
been severely flooded and most of my personal belongings were damaged.
The cause of the flood was through no fault of my own. Who is responsible
for replacing all of my items that I lost?
The TAA/AAA lease contains a clause which states that the owner
will not be liable for any damages to the resident's personal belongings
or to that person. Only if the disaster occurred due to the owner's
own negligence will the resident have a cause of action. The lease
strongly suggests that the residents secure insurance to protect
themselves against any personal losses.
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How much grace period
must I be given before my rent is considered late?
The grace period allowed in the TAA lease does not refer to when
the rent is actually due, it simply refers to when the late charges
will begin. The lease states that rent is due and payable on the
1st of each month. This means that rent is late and delinquent on
the 2nd if not paid. How much grace period (if any) is given before
late charges begin depends on the owner and what is stated in the
lease contract.
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How long after I
move out does the owner have to return my security deposit?
Assuming you gave a forwarding address and did not owe any rent,
the owner legally has to contact you in writing within 30 days about
your deposit.
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Can I sublet my
apartment?
Replacing a resident, subletting, or assignment is allowed only
when your landlord consents in writing.
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I gave a deposit
and then decided not to lease the apartment. Can the landlord keep
my money?
If you fail to sign the lease after approval we may keep the deposit
as liquidated damages.
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