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CORPUS CHRISTI APARTMENT ASSOCIATION
FAQ: Questions
asked most often by residents of rental housing
One of the most important decisions you make is finding a place
to live. Before you rent take the time to review some simple guidelines.
First and Foremost
Don't sign anything, unless you understand what you are signing
and have read it. Don't let anyone rush you into signing. You may
NOT sign for someone else. Leases are legally binding contracts
and are very difficult to break. Choose your rental home or apartment
with care.
When you fill out application you will probably be charged an application
fee. This is non-refundable. You may be asked to pay an application
or a "hold" deposit. This deposit may or MAY NOT be refundable.
Before you leave a deposit make sure you have a clear understanding
on whether it is refundable or not. Depending on the application
you fill out the deposit may not be refunded if you are accepted
but decide not to rent, if you fail to tell the truth on your application
or for other reasons. There is no statutory deadline for the return
of an application or "hold" deposit. If your application
is not approved the deposit is refundable in most cases.
Most disagreements between residents and rental housing owners
or managers occur because of misunderstandings about the obligations
taken on by each party when an apartment or other rental housing
is leased.
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Read your lease carefully
before signing. |
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Ask questions about anything that is unclear. |
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Check to see how much
advance notice you must give before moving at the end of your
lease term. It is usually 30 days and must be given in writing. |
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Look for security deposit refund restrictions. |
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Look for your rental housing
owner's obligation to make needed repairs. |
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When you ask for needed repairs, put your
request in writing and keep a copy. |
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Put everything in writing,
including agreements, notices and requests. |
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Make copies of everything and keep them. |
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Be sure to read any cleaning
instructions. (Cleaning costs usually can be deducted from your
security deposit if you fail to follow instructions.) |
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Check on prohibitions against subletting
or animals. |
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Ask the manager or leasing
agent to write in and initial any oral agreements or changes
in the lease that are agreed to by you and the owners representative. |
When you move in
Make a checklist of the conditions of the property and furniture
when you move in. (Most properties have a form for this.) Sign it
and have the owner's representative sign it. Keep a copy! If there
is anything that you feel you may have a problem with later, take
pictures and date them.
Renters Insurance
It is important for you to obtain renters insurance. This insurance
covers your personal property and is very affordable. It usually
very clearly states in your lease that the property owner is not
liable for your personal belongings in case of fire, theft, flood
or other disasters.
Who is the owner?
On occasion you may want to find out the name and address of the
owner or the management company that is responsible for the property.
Upon written request to the agent of the owner you are entitled
by law to be given the name and mailing address of the owner/and
or the property management company.
If you must move before your lease expires.
Immediately notify the manager and offer to help find a new resident.
Normally you still will be liable for all of the rent for the remainder
of the unexpired lease term even if you've quit school, changed
jobs, lost a roommate, etc. but sometimes this can be worked out
if you find a replacement. You will probably also be responsible
for paying a re-letting fee if the lease provides for one. The military
on active duty can break a lease according to the contract if they
are being relocated. They must however provide a copy of their orders.
If you have not paid your rent.
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You can be given a notice to vacate and
the owner must pursue eviction. |
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You can be sued for unpaid rent and attorney's
fees. |
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Most leases allow for the management to
enter and seize your property for non payment of rent. This
must be clearly stated in your lease and be underlined or in
bold print. |
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You cannot be permanently locked out of
your apartment, but the manager may change your locks. He must
give notice and he must let you know where you can obtain a
key. |
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Your electricity can be disconnected in
certain cases. Before your electricity can be disconnected the
owner must give you advance notice as provide by Texas law. |
Major Steps in the Eviction Process
1) The management gives the resident written notice to vacate.
If a written lease states so, this notice may be given to the resident
just one day before the resident is asked to move out. If a written
lease does not state otherwise, the notice must be given at least
three days in advance.
2) Eviction lawsuit is filed by owner in justice of the peace court.
3) Resident is served lawsuit papers by the constable.
4) Hearing is held in JP courts.
5) If owner wins, constable will evict resident.
Your Security Deposit
In order to receive your full security deposit back, you must make
sure to follow certain procedures.
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You must give proper notice
before you move. (Most leases require a 30 day written notice) |
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You must stay for the full term of your
lease. |
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You must give written
notice of your forwarding address. |
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You must not be delinquent in your rent
when you move out. |
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You must leave the premises
in a clean condition, free of damages and abide by any other
lease provisions regarding security deposits. |
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You cannot deduct your security deposit
from you last months rent. |
Go through your apartment when you are ready to turn in the keys
with the manager or other representative of the property to check
its condition against the original "move-in" check list
and each of your sign this list.
Within 30 days of your move out, your security deposit or an itemized
description of deductions must be mailed to you. Charges for normal
wear and tear cannot be deducted from your deposit.
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