A significant number of families in the Houston area, as well as in the rest of Texas, rent their homes instead of owning. The reasons are numerous. Many families prefer the flexibility which a lease provides, allowing for the family to move into a bigger home as their family grows. Others may enjoy the fact that their landlord is responsible for most major maintenance and repairs.
Similarly, many landlords who own rental properties in Houston and surrounding areas of Texas find real estate to be a solid and rewarding investment. In light of the recent housing crisis, more and more families are seeking out rental properties in lieu of owning homes, and landlords are seeing the benefit of a relatively solid Houston economy compared to the rest of the country.
Whatever the reason landlords or tenants seek to enter into a residential lease, all parties should be aware of the legal responsibilities that come with such a contract. The attorneys at Patel Warren & Ervin have helped numerous landlords and tenants draft, interpret and enforce the terms of Texas residential leases.
Residential Security Deposits
One of the most common sources of dispute between Texas landlords and tenants involves the security deposit often paid by tenants to the landlord to cover damages to the leases premises. In many apartment complexes in Texas run by large property management companies, this security deposit may be anywhere from $200 to $500. For owners of Texas single family homes or individually owned condominiums, it is very common for the security deposit to be set at the amount of one month's rent.
Most tenants, and a surprising number of landlords, are unaware that the Texas Property Code contains a number of protections for tenants regarding the security deposit. For example, regardless of what a Texas residential lease may state, a security deposit may only be retained by the landlord in the event that the tenant or their guest causes damages to the leased premises which constitutes more than "normal wear and tear". If a landlord wrongfully withholds any portion of the security deposit, that landlord may be held liable not just for that withheld deposit, but potentially three times the amount of the withheld deposit as well as the tenant's attorney fees and court costs.
If you are a landlord who needs guidance on the law and how to properly handle security deposit funds, the lawyers are Patel Warren & Ervin are prepared to review your particular situation and assist you in avoiding liability for wrongful withholding of a security deposit.
For tenants, we are prepared to represent your interests against landlords who have violated the law. Because of our familiarity with the law regarding security deposits, we can quickly identify whether your landlord has violated Texas law and work to quickly resolve the situation.
Experience Working for Landlords and Tenants
The attorneys at Patel Warren & Ervin believe it is important to work on behalf of landlords and tenants, not just one or the other. Our lawyers have substantial experience working for both. Contact us today to find out how we may be able to help you.
