Texas Tenant Background Check
Texas Tenant Screening
Unfortunately, every tenant does not make a good tenant, and additional measures such as thorough tenant screening are essential. You must ensure that your tenant isn't a felon or has a tendency to destroy the property in every lease. If you screen potential tenants, you will have peace of mind that you're making the necessary steps to rent to top tenants and protect you as your property's manager or owner. This is the Texas Tenant Screening Forms, and other packages will fulfill all your requirements for screening prospective tenants for residential properties. It is crucial to utilize more than a generic tenant screening form that confirms credit, address, and employment. This is why the TKG provides a wide range of Texas tenant background check tools. Check for previous expulsions and criminal records, including convictions for serious offenses such as sexual assault or terrorist acts. The scope should be expanded of screening over Texas into other states and up to national screening and federal level of search.
Tenants who are not good don't just harm their reputations; they can also tarnish your reputation as a trustworthy Texas landlord. By implementing appropriate Texas tenant screening, you can better safeguard your Texas properties and your reputation as a property owner property manager who can take care to screen applicants.
The Texas Property Code Sec. 92.3515 states that, at the time of application, the landlord must "make accessible to the applicant a copy about the tenant's tenant selection criteria and reasons why an applicant's rental application may be denied and the reasons for refusal, which include:
- Criminal background;
- Previous rental history;
- Current income
- Credit history and
- Failure to provide accurate and full information in the form of application.
The prospective tenant must then sign a declaration to confirm that this information has been released from the landlord. It is crucial to get the tenant to confirm that screening exclusion details were provided; otherwise, it could be a reason for a possible defense to a landlord's refusal of the lease to a prospective tenant within Texas. This information about screening exclusions is permitted to be added to a request in the application for the rental of a specific rental property. It should state:
"Signing this acknowledgment signifies that you've had a chance to read your landlord's tenant select criteria. These tenant selection criteria could include things like criminal history, credit history, current income, and rental history. If you don't satisfy the selection criteria or if you supply incorrect or insufficient details, your application could be rejected, and the application fee won't be refunded."
Reminder: This is a general outline of Texas Landlord-Tenant Laws and is not intended to substitute for legal advice. Nor is it intended to cover all laws and statutes that govern the Texas Property Codes.
The Koleman Group LLC provides tenant screening background checks nationwide. Are you looking for a tenant screening report for an additional state other than Texas? Go to the tenant background checks page to know more.
Texas Landlord-Tenant Law
Texas Landlord-Tenant Laws are in force to create laws and statutes that govern the leasing and rental of homes. The laws are outlined principally in Texas Property Code Title 8, Chapter 92. Additional statutes are contained in chapters such as Chapter 24, which focuses on Evictions. The law protects the property owners and managers as also tenants. The laws outline the rights and obligations of both parties when a landlord and tenant relationship is established within Texas. State of Texas and provides remedies in case of violations. Texas also gives some authority in addition to the above rules.
This information in this article is intended to be a substitute for advice from a lawyer or advice a lawyer. It is not intended to provide a comprehensive list of all statutes and laws that the Texas Property Code governs. If you're facing issues you think could be grounds for action, consult with an experienced attorney in the field of landlord-tenant law.
Texas Landlord-Tenant Laws - Security Deposit
Section 92.102 in the Texas Property Code describes the security deposit as "any advance of funds that is not an application deposit or rental application deposit or an advance payment for rent which is intended to ensure the fulfillment of an agreement for the lease of a home which has been signed by both a landlord and the tenant." Security deposits also provide an additional level of security for the owner of the property. It is sometimes held in the event that the tenant is unable to leave the property before the end of the lease or in the event of an accident in the building. This damage must involve the actual property damage since no part from the deposit may be withheld under the circumstances of the Property Code section 92.104(b), which states the following "The landlord may not retain any part of security deposits to be used to cover the normal wear and wear and tear."
If an amount of the security deposits is taken at the time of departure, the landlord is required to give the amount to the tenant and a specific list and description of every deduction made. However, there are some exceptions to this obligation, as provided by Texas Landlord-Tenant Laws, in 92.104(C)(1)(2) that states, "The landlord is not required to provide the tenant an itemized description of the deductions and list of deductions in the event:
The tenant is liable for rent after he has given up possession of the property; and
There is no dispute about what amount rent is to be paid."
The tenant can seek recourses when the landlord does not act in good faith and holds the security deposit, if not for the reasons specified in Texas Landlord-Tenant Laws. Particularly in the context of Section 92.109 (a) An landlord who has acted in bad faith and holds the security deposit in violation of this chapter is accountable for a sum that is equal to $100, which is three times the amount of the deposit which was unlawfully kept, and any reasonable attorneys' charges in the event of a lawsuit to recover the deposit.
b. A landlord who, in bad faith, fails to furnish an itemized and written description of the property or list of damages or charges for a violation of this chapter:
Refuse to hold any part from the security deposits to pursue suit against the tenant for damage to the property;
In a lawsuit, the tenant is responsible for reasonable attorney's fees to recuperate the deposit.
c. In the event of an action filed by the tenant in a tenant's action under this subsection, the landlord is responsible for showing that any part of the deposit for security was justified.
D. The landlord who fails to refund security deposits or give a written description and list of deductions before the 30th day of the date the tenant gives up possession is believed to be acting in bad good faith.
Suppose you include the Security Deposit Form signed when signing the lease, other forms for Texas Landlord Tenant, and other forms. In that case, both the landlord and the tenant are protected in the case of any dispute following the tenant being let out.
Texas Lodging Tenant Laws Termination of Tenancy
A tenant may opt not to renew the lease, but both parties must provide adequate notice before departure. In addition, there are a variety of exceptions that could be an actionable cause for a violation of the lease under Texas Landlord-Tenant Laws, like when a tenant is found guilty of serious crimes such as the conviction of public indecency, as defined in section 91.003. In contrast, others are exclusions to where no action can be filed. An example of this is when a tenant is accused of a domestic abuse case.
Under 92.016(b), the tenant can end a tenancy due to domestic violence. The tenant does not have to take any legal action to end the lease. However, the tenant cannot simply move out without fulfilling the obligations outlined in the section outlined in Texas Landlord-tenant Laws. In addition, the tenant must supply to the landlord as well as his representative with at least one document as follows: proof:
A temporary injunction is issued under Subchapter F, Chapter 6, Family Code;
Temporary ex parte order is issued according to Chapter 83, Family Code or
A protective order is issued according to Chapter 85, Family Code.
Landlords and tenants must be aware that any actions provided by this section do not exempt the tenant from responsibility for late or late rent before the tenant indicates to the landlord of his intention to leave the property under this section. Rent that was previously in arrears remains the tenant's responsibility. Tenant and is a possible cause of legal action under Texas Landlord-Tenant Laws governing non-payment of rent and delinquent payments that violate lease conditions. Tenants can also end the lease in certain instances, such as being victims of stalking, sexual assault, or "certain choices relating to military service" covered by 92.017. A landlord who does not accept the early tenancy voluntarily is accountable in civil court for fines, civil penalties, attorney fees, and court costs.
Suppose a tenant does not adhere to the terms of their lease. In that case, a Forcible Entry and Detainer suit may be filed against the tenant and is covered by Texas Property Code Title 4 Chapter 24 Forcible Entry and Detainer. A landlord must provide at least three days' notice to the tenant to leave the premises before filing a suit for forcible detainer." If the landlord succeeds in regaining legal access to the premises in the forcible entry and detainer lawsuit brought by the tenant who is unwilling to surrender the property following termination or a violation of a rental agreement, the tenant will usually be forcibly removed. But a tenant retains certain rights. For example, a landlord is responsible for certain actions like disconnecting utilities if the tenant is in arrears in paying rent or refuses to move out.
Tenants are entitled to a variety of rights in the Texas Landlord-Tenant Laws. According to the office of the Attorney General in Texas states, tenants have the right to "quiet enjoyment" and that the landlord "cannot remove you from your home without reason or interfere with your right to enjoy the peace and tranquil." The landlord must ensure that tenants aren't disrupted by the presence of other tenants or other circumstances that otherwise violate the tenant's rights to "quiet pleasure."
If the landlord is unwilling to make the necessary repair to his property, tenants have the right to request that repairs be completed. However, the tenant must first provide the landlord with a written request for the need for repairs and send it via certified mail; a return receipt is requested or via registered mail. If a landlord is unwilling to repair, Texas Landlord-Tenant Laws allow the Texas Justice of the Peace "authority to direct landlords to fix or correct the health of tenants and safety, so if the price of the repairs does not exceed $10,000" in SB 1448 (81st Regular Session) as per the Texas Attorney General.
Updated on 2022-06-07 21:33:49 by larry coleman