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Resident FAQS
Here are answers to some of the most common questions asked by apartment residents. For more information, call HAA or check out the Texas Apartment Association's Web site at www.taa.org.
Table of Contents- My landlord wants to charge me for water. Can he do that?
- If I have questions about my apartment or lease, what do I do?
- If I have a complaint about my apartment or apartment management, what do I do?
- Can I withhold rent when maintenance repairs are not taken care of?
- Can I be locked out of my apartment for non-payment of rent?
- I'm in the military, and I'm being transferred or deployed. Can I get out of my lease?
- Can I still be held liable for my lease if I am being transferred or laid off from my job?
- Can the manager take items from my apartment for non-payment of rent?
- Can the management enter my apartment when I am not at home?
- Can I deduct the amount of my security deposit from my last month's rent payment?
- I would like to know exactly when, how much and how often a rental increase can be given. Also, is there a ceiling on the amount of any given increase? If so, what is the highest amount?
- 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?
- How much grace period must I be given before my rent is considered late?
- How long after I move out does the owner have to return my security deposit?
All apartment residents pay for water. Some through their rent, some separately. As water becomes more expensive, many owners are using submeters, or a water allocation system to bill residents for water directly.
If you agree by lease to pay separately for water, there are rules the owner of your property must follow. He must use a billing system that is approved by the Texas Natural Resource Conservation Commission, and follow certain other guidelines. An apartment community can charge all residents the same amount for water and just factor the set amount into their rent each month, or they can use a water allocation formula.
There are three different formulas communities can use to split up the water bill.
1. based on the number of people who live in a unit
2. the square footage in the unit
3. or by measuring just the hot water going into an unit to gauge how much total water a resident is using
Residents are entitled to see the last 12 months of water bills if they ask.
Apartment and other rental housing residents can contact the Houston Apartment Association at (713) 595-0300, Option 4, to speak with trained staff to ask questions about renters' rights and leases or to register a complaint against their property owner. This is a free service.
All initial calls are left with the Resident Relations Department voice mail. All calls are returned between the hours of 9 a.m. and 5 p.m. Monday through Friday, except holidays. All calls are returned in the order they are received.
HAA does not respond to e-mail about resident information. You must call HAA at (713) 595-0300, Option 4, and leave a voice mail message or you may use the Resident Relations online complaint form. This is not an emergency service.
If a resident already has retained an attorney, then it is not appropriate for HAA to intervene.
A complaint form is provided to residents and then the completed form and related documents submitted to HAA are forwarded to the property owner or management company for response to HAA.
If the complaint is about a security deposit disposition at an HAA member property, and the complaint is not resolved after opportunities for both sides to respond, the complaint is forwarded to a Resident Relations Committee. At the committee meeting, all documentation is reviewed, and a decision is reached based upon state law and the documentation provided.
It is a state law that a resident cannot withhold rent for needed repairs. If the resident does with hold rent for non-repair, the owner has a right to evict for non-payment of rent.
The Texas Civil Statute, Section 92.0081 states that the landlord clearly 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.
Yes. Unless you have a transfer clause in your lease, you can be liable for the remainder of the rent through the end of your lease or until the apartment is rented to another occupant.
If you are in active service and you've received orders of a permanent change of station or you've been deployed and are not continuing to receive a housing allowance, the TAA Lease Contract requires the owner to allow you and your spouse to move out early. This is in Paragraph 31 of the TAA Lease Contract. That paragraph does not apply if you knew about the change of duty station prior to signing a lease; it also does not cover any residents (other than your spouse) who may be living in the same rental property.
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, the management may seize property that is non-exempt by statute and hold it until the rent is paid.
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:
- Requested repairs.
- Estimating repair costs.
- Pest control; preventive maintenance.
- Filter changes.
- Testing or replacing smoke-detector batteries.
- Retrieving unreturned tools or appliances.
- Preventing waste of utilities; exercising contractual lien.
- Leaving notices.
- Delivering, installing, reconnecting or replacing appliances, furniture, equipment, or security devices.
- Removing or rekeying unauthorized security devices.
- Removing unauthorized window coverings.
- Stopping excessive noise.
- Removing health or safety hazards.
- Removing unauthorized pets.
- Cutting off electricity according to statute.
- Retrieving property owned or leased by former residents.
- Inspections when immediate danger to person or property is suspected.
- Entry by a law-enforcement officer with search or arrest warrant.
- Showing apartment to prospective residents (after move-out or vacate notice has been given).
- 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.
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 reletting fee in addition to the unpaid rent.
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.
The TAA/HAA 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.
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.
If 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.