LEB 323 Test 2 Notes 18:26 Lecture 1: Landlord Tenant Law Texas Apartment Association—General Strategy If you have a landlord who isn’t following rule, don’t sue Tenants almost always don’t follow through on threats Cause difficulty on a way that’s easy to follow through on Private organizations (not government) with no legal authority Tenants should want apartment association logo on lease Logo makes the landlord able to charge higher rents because more people trust them You lose your membership if you have too many complaints Much better threat is to let landlord know the problem and if they don’t fix it then I will write a complaint to association Some tenants wont sign lease that doesn’t have the logo Shows owner you have the ability to cause them a problem If the apartment is not part of an association threat can work because they worry about future and trying to get people to buy property, etc. This can work for any residential rental property 3 Categories of Leases You Might Sign Tenancy for years Specific ending date, identified date for any period of time Unless you do something really bad you cant be asked to leave and landlord cant change the deal Cant change deal of lease, rent until last day of lease Austin with major fluctuations in rent this lease is good
Downside: hard for tenant to break a lease Bad idea if you aren’t sure where your life plans will take you You will have to pay a lot of money in order to get out of deal Potential problem: be sure you move out by end of last day of lease Require you to new lease identical to the one you just finished without your signature (legally binding) Charged to break the new lease if you want to break it Make a written deal with your landlord before if you are going to have a hard time moving out on time Periodic tenancy No specific ending date that is identified, regular rent cycles Mostly monthly (month to month lease), can be week or year Benefit: can get out without penalty if you give 1 rent cycle notice Downside: a landlord can evict for no reason as long as he gives you one rent cycles notice Tenancy of will Variety of informal leases, handshake agreement, etc. Anyone can leave at any time with no issues or consequences It’s a lease as long as both sides want it to be a lease Count on being able to live there in a short period of time No stability because nothing is required to break a lease Circumstances where you can be evicted If you violate a lease condition For it to count as a lease condition it must have the word “condition” or “eviction” in the rule
If it says “no pets” then its not a lease condition Sometimes they don’t have any conditions because they don’t want to sound harsh when people are coming to sign a lease Illegal activity Outrageousness If you act legally outrageous, something really bad Circumstances where you can be fined Violating a lease covenant Plainly states rules in your lease If you have a pet and don’t get rid of it
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