If you’re a new landlord in Temple, Texas, you’re likely consumed with details like finding a tenant, collecting rent, and preparing to respond to maintenance requests.
That’s good, but you must also ensure the basics are covered.
For example, have you followed all the requirements of the Texas Property Code while preparing your property for the Temple rental market? Are you aware of fair housing laws and security deposit requirements? Do you have a lease agreement that is legally compliant in Texas and lawfully enforceable in our courts?
What will you do if a tenant does not pay rent and you have to evict? What kind of letter should I send?
What’s the difference between a service animal and a companion animal?
We don’t mean to pepper you with all these hypotheticals. But they might not be hypothetical once you’re a landlord.
We’re talking about laws today, because it’s easier than you may think to make a legal mistake. Even the most experienced landlords can occasionally stumble into a legal quagmire. Since you’re still new to this, we want to make sure you understand how to navigate the rental regulations and legal requirements in Temple.
Texas Property Code: Preparing a Safe and Habitable Rental Home
The Texas Property Code is the primary body of laws that governs landlord-tenant relationships in the state. As a landlord, you’ll need to understand the key components of this code, especially as it pertains to the following:
- Peepholes in Doors
According to the Texas Property Code, landlords are required to install peepholes in exterior doors that lead inside the tenant’s home. This is particularly important for doors located in areas where safety may be a concern, such as front or back doors.
- Bolt Locks and Deadbolts
The Property Code mandates that exterior doors must be equipped with a working bolt lock or deadbolt. This ensures that tenants can secure their homes effectively against unauthorized entry. The lock should be sturdy and capable of being locked from the inside. Generally, a deadbolt lock is required on any exterior door that provides access to a tenant’s living space.
Additionally, the law stipulates that the landlord is responsible for maintaining these locks in good working condition. If a lock or deadbolt becomes defective, it must be repaired or replaced promptly to meet safety standards.
- Smoke Detectors
Smoke detectors are a critical safety feature in rental properties, and the Texas Property Code explicitly addresses their installation and maintenance. Landlords must install smoke detectors in each home, typically in or near sleeping areas such as bedrooms or hallways that lead to sleeping rooms. When the tenant moves in, the smoke detectors must be operational and in good working condition.
- Other Safety Requirements
In addition to peepholes, locks, and detectors, there are other safety requirements that landlords must be aware of under Texas law:
- Electrical and Gas Systems. All electrical and gas systems, including wiring, outlets, and appliances, must be in safe working condition. If there are any hazards, they must be addressed before the property is rented.
- Exits and Escapes. The landlord must ensure that the rental unit has at least one safe and functioning exit. This could be a front door, a back door, or an emergency exit route.
- Swimming Pools. If the rental property has a swimming pool, landlords must comply with safety regulations such as installing proper fencing, gates, and locks to prevent small children from accessing it.
By adhering to these safety standards, new Temple landlords are not only complying with the law but also helping to ensure the well-being of their tenants. You want to protect yourself from potential legal issues. It’s essential to regularly inspect the property and maintain safety features in good working condition to avoid violations and ensure tenant safety
Temple Lease Agreements
Texas law allows for both written and oral rental agreements. However, we recommend a written lease agreement every time to avoid misunderstandings or disputes. The lease should clearly outline the tenancy terms, such as rent amounts, payment due dates, and lease duration.
Respecting Tenant Rights
Texas remains a fairly landlord-friendly state, especially compared to others like California and Oregon. However, tenants still have rights; as a Temple landlord, you must respect them. Don’t make the same mistakes that so many new landlords make. You cannot show up at any time, expecting to take a look around, for example. Tenants are entitled to notice before you conduct an inspection. A landlord must provide at least 24 hours’ notice before entering a tenant’s rental unit, unless it’s an emergency.
Texas law also protects a tenant’s right to safe and habitable living conditions. This includes regulations on repairs, water access, and proper notice before entry.
You’ll want to become familiar with eviction laws, too. If you ever need to evict a tenant, you must follow the legal process, which includes providing the appropriate notices (such as a “Notice to Vacate”) and following court procedures. Be sure to avoid “self-help” evictions, such as changing locks or shutting off utilities. These are illegal in Texas.
Following Fair Housing Laws
As a new landlord, you must familiarize yourself with federal and state fair housing laws.
The Fair Housing Act (FHA), enforced by the U.S. Department of Housing and Urban Development (HUD), prohibits discrimination based on race, color, national origin, religion, sex, familial status, or disability. These protections apply to all aspects of renting, including advertising, leasing, and eviction. Texas fair housing laws follow the federal laws, but our state laws provide additional protections. For example, the FHA prohibits discrimination based on sexual orientation or gender identity in some local jurisdictions, including Temple.
Most new landlords never dream they’d discriminate. However, there can be perceived inequities in the following areas. Here’s how to stay compliant:
- Advertising and Marketing
Watch what you say in your listings. Avoid language that could be construed as discriminatory (e.g., “ideal for single men” or “no children allowed”).
- Screen Consistently and Objectively
Your tenant screening process should be uniform and non-discriminatory. Ensure you treat all applicants equally, regardless of protected categories under the law.
- Make Reasonable Accommodations
If you have tenants with disabilities, you must provide reasonable accommodations, such as allowing service animals in properties with a no-pet policy or installing wheelchair ramps to the front door.
Texas Security Deposit Laws: Handling Deposits Properly
Texas law provides specific guidelines on security deposits. As a landlord in Temple, knowing the details of handling deposits is essential to avoid legal issues. First, decide what you’ll charge. Texas has no limit on how much you can charge for a security deposit, but it must be reasonable. Most landlords charge the equivalent of one month’s rent.
Security deposit returns can be tricky. After a tenant moves out, you are required to return the security deposit within **30 days** (unless the lease states otherwise). If you plan to withhold any portion of the deposit for damages, you must provide an itemized list of damages and the cost of repairs within that 30-day window.
You can deduct from the security deposit for unpaid rent, damages beyond normal wear and tear, and cleaning costs. However, you cannot withhold a deposit for routine maintenance issues, such as repainting or replacing carpet due to normal wear.
Best Practices for New Landlords in Temple
Beyond understanding the law, there are several best practices that we recommend new landlords follow to be successful and compliant:
- Create a clear and detailed lease. Outline all terms and conditions clearly in writing to avoid confusion and disputes later.
- Respond quickly to maintenance. Under the Texas Property Code, landlords must maintain their rental properties in a habitable condition, including making necessary repairs promptly.
- Communicate regularly and transparently. Keep open lines of communication with your tenants, addressing their concerns promptly and professionally.
- Document everything. Always keep records of communications, transactions, inspections, and any repairs made to the property. These records will be invaluable if any disputes arise.
- Stay Informed. Texas laws and local ordinances can change over time. Stay updated on any changes to the Texas Property Code, Fair Housing Laws, and Temple’s specific rental regulations.
Remember that as a new landlord, your most intelligent decision will be to surround yourself with professionals. There’s no need to navigate the murky legal waters on your own. We have highlighted some of the most important laws you need to know as you begin renting out a home in Temple, but this is hardly an exhaustive list.
Stay compliant, stay informed, and most importantly, do not hesitate to contact a Temple property management expert if you have questions or get stuck. You don’t want to wait until you’re in the middle of a legal dispute to ask for help. Contact us at Shine Residential Management, and we’ll show you how to protect yourself and remain compliant.
A property management company based in Harker Heights, Shine Residential Management cares for exceptional single-family homes throughout Central Texas, including in Killeen, Temple, Belton, Copperas Cove, Salgado, and Georgetown.
