Ink pen with agreement between landlord and tenant

Right of Entry in the State of Texas

Texas has no statute that governs when landlords can enter occupied rental units. So theoretically, that means you could enter residences any time you wish. But if you’re concerned about maintaining good relationships with your tenants, that’s not a good idea.

The smart way to go is to take into account what statutes in other states guarantee renters. What this ultimately means is that you offer your tenants reasonable privacy rights against intrusions.

In practice, you should try to give at least 24 hours’ notice before entering a rented apartment to make (or assess for) repairs or show the unit to prospective new tenants. The more time you are able to give your current renters, the better. You might also consider entering only at specified times, such as normal business hours during the workweek.

In the event of an emergency, such as a fire, burst water pipe, or gas leak, you have the right to enter without notice. You may also enter the premises if a tenant has moved out without notifying you or if you have a court order to do so. Under no circumstances should you enter just to “check up” on your tenant – that is a true invasion of privacy.

On occasion, a tenant will refuse you access. If a tenant does this repeatedly, then you can assert your right to enter, provided you do so in a peaceful manner. If the tenant still bars access and you suspect something is seriously amiss, you may need to take legal action.

Even though Texas has no set legal guidelines regarding right of entry, you may want to establish your own and put them in writing. That way, you protect your interests as well as those of your tenants.

Nobody said being a landlord was easy. And it doesn’t help that Texas law is sometimes unclear about the extent of your rights with respect to your tenants. The experts at Herman Boswell can help by creating a tenant management plan that you – and your renters – can live with. Contact us today!

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It’s sad, but true that even the most carefully screened tenants may one day end up violating lease provisions. And that’s because while most people want their living quarters to be clean and in good repair, not everyone will actually do the work necessary to keep a home in shape.

So how does a busy landlord nip problems – like dirtiness, an illegally kept pet or missing smoke detectors  – in the bud?

The best way is to have both routine and the occasional surprise inspections. During those times, you may notice trash/debris problems. Or you may see a proscribed animal on the premises or – even more dangerously – smoke detectors that have been taken off walls or deliberately disabled.

After you’ve noted down the problem, the next step is to immediately send written notices to the tenants in violation of lease provisions. This way, you make offending individuals aware of the problem and allow them to take steps to rectify the situation while also showing that you care about your property.

Of course, you could opt to talk to the individual(s) involved. But a face-to-face meeting or telephone conversation will not create the paper trail you may need in the event you have to eventually take your tenant to court. In fact, verbal communication may lead to confrontation and argument, both of which you would be wise to avoid.

Land-lording is a full-time job. That’s where the real estate experts at Herman Boswell come in. We help you keep up with the challenges of people and property management. You have a life to live: and we help you live it. Contact us today!

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Once someone signs your lease, you as landlord are legally bound to follow the rules and regulations as much as your new tenant.  You should also know that state and federal laws further govern how and under what circumstances you may terminate that lease.

Generally speaking, though, most states including Texas allow a landlord to terminate a lease or rental agreement if the tenant:

• fails to pay rent
• violates a clause in the lease or rental agreement, such as a no-pet or subleasing without permission clause
• violates a responsibility imposed by law, such as causing serious damage to appliances or the property, participating in illegal activity, or interfering with other tenants’ peaceful enjoyment of the property

If you find you must terminate a lease or rental agreement, you must send the tenant a notice of termination.  If the tenant continues to remain in the rental unit after receiving a termination notice, only then can you file an eviction lawsuit.

Eviction itself involves the court-ordered physical removal of the tenant and his or her property with the assistance of the police.  To begin the actual process, you must first must file a complaint with the court and wait for the tenant’s answer.  If the court rules in your favor, then you will be legally entitled to repossess the property.  If the tenant refuses to leave after receiving the notice of eviction, then you have the right to ask that a law enforcement officer forcibly remove the tenant.

By contrast, if a tenant illegally breaks your lease without a legally protected reason, then you have the right to sue for damages.  But you must mitigate damages by making a reasonable attempt to re-rent the unit.  If you find that you incur damages beyond what remains from the tenant’s security deposit, then you may sue the tenant for:

• the time the unit remained vacant
• the cost to find a new tenant
• attorney fees, if provided for in the lease agreement

The legalities of being a landlord are complex.  Often, they require more time than busy landlords like you can afford to invest in understanding them.  That’s where Herman Boswell can help.  Our property management professionals are schooled in every aspect of landlording, including the legal ins and outs associated with it.  For the real estate savvy more North Texans trust, contact us today!

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No matter how careful you are with your records, a tenant can still sue you over the return of a security deposit.  You can minimize the chance that you’ll have to go to court to haggle over back rent, cleaning costs and damage to your rental property by taking these four steps:

1: Review Texas laws for returning deposits

Texas gives landlords 30 days to itemize and return a tenant’s security deposit.  Put your itemization in writing and state how much you have applied toward back rent, cleaning costs and damage repair, along with how much a tenant can expect to receive in return.

2: Prepare a move-out letter

When a tenant gives you notice that they are ending tenancy, prepare a move-out letter that clearly and specifically states:

• the exact condition in which you expect your unit to be left
• your final inspection procedures
• the kind of security deposit deductions you can make
• where and how a tenant should return keys
• when and how you will send any refund that is due

3: Inspect the unit

To minimize disputes, do your final walk-through alongside the tenant rather than by yourself.  Also be sure to use some kind of inventory or landlord-tenant checklist when the tenant moved in so that you can compare the condition of the rental at the start and end of the tenancy.

It’s also smart to photograph or videotape the premises so that you have visual proof of what the unit looked like when the tenant moved out.  Ideally, you’ll also have done this before the tenant moved in so you can see any important differences.

4: Create an itemized deduction statement

After you’ve inspected the unit, prepare an itemized list of deductions for cleaning, repairs, back rent or other financial obligations required under your rental agreement. List each item, for example, a dirty carpet or damaged kitchen appliance, and the dollar amount of the deduction.  You may also wish to attach receipts, especially if you’ve already seen to the necessary repairs and/or replacements.

There’s no doubt about it: conscientious landlording takes time and effort.  That’s where the experts at Herman Boswell come in.  We’re here to help you manage your property investments and give you the peace of mind you deserve.  Contact us today!

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Legally, you can use the information you receive through a background check in your rental decisions.  But beware: you must follow state and federal laws very carefully when you (1) obtain a background check and (2) notify a tenant of a housing request denial.

Get permission to do a background check in writing

When you do run a background check, federal law requires you to get a prospective tenant’s written permission.  Smart landlords typically will include this request in their housing applications so they get everything they need at once.

Determine your rental criteria and apply them fairly

You are free to set your own business standards for using tenant background checks in application decisions.  However, it’s in your best interest to ensure that you and any employees you may have are consistent in how you apply these standards to avoid charges of discrimination.

Understand the dos and don’ts of adverse actions

Federal law also requires that you notify a tenant in writing if information from a background check results in an “adverse action” against the tenant.  An adverse action can take the form of:

• an outright denial of the housing application
• requiring the prospective tenant to pay extra security deposit
• having him/her get a co-signer

If you do take an adverse action against your applicant, you must inform the person of the name and contact information of the credit bureau or tenant screening agency, as well as information on how the tenant can get a free copy of this report.

Watch out for criminal background exceptions

While it’s legal for you to deny a prospective renter housing because of a criminal background, a significant exception does exist to this rule.  You can refuse an applicant who has conviction for drug sales or manufacture, but federal disability laws protect recovering drug users.  Bottom line: you cannot use a conviction or simple possession or use of drugs to deny someone housing.

Keeping so many important details straight is one of the most daunting tasks busy landlords face.  But Herman Boswell can help.  Our real estate experts make it their business to stay abreast of all the rules and regulations that affect property management. For the peace of mind you deserve, contact us today!

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When you’re a landlord, not only do you have to worry about the usual headaches like leaky pipes and broken appliances, you’ve also got to steer clear of legal mistakes that could get you into a lot of hot water.

Be careful what you ask

The federal Fair Housing Act prohibits a landlord from refusing to rent for reasons pertaining to race, color, religion, national origin, sex or gender, disability, and familial status.  You should therefore avoid asking questions that may appear discriminatory or suggest an intent to discriminate.

Make proper health and safety disclosures

You need to tell prospective tenants whether certain conditions or situations apply to your rental property.  These typically include:

• notice of mold, when you know or have a reason to believe it exists
• notice of sex offenders that live in the area, if you have knowledge of this
• disclosure of recent deaths that occurred in the rental unit
• disclosure of lead-based paint if the property was built before 1978

You also need to take basic safety measures, such as providing locks and adequate lighting.

Repair as necessary

Every state imposes an “implied warranty of habitability” on all rental units.  That means that even if your rental agreement does not specify who is responsible for certain repairs, you must still make sure that the rental property itself is fit to live in.  Failure to make major repairs, especially when a tenant requests them, can result in a lawsuit.

Respect tenant privacy

You should never enter a tenant’s rental unit without first giving a 24-hour written or verbal notice, and this only when showing the unit to a prospective tenant, making a repair or inspecting the property.  The only exception to this is when an emergency occurs.

Being a landlord is tough, especially if it’s not your primary job.  But Herman Boswell can help.  Our real estate management experts have the skills and knowledge to protect your investment and offer you the peace of mind you deserve.  Don’t hesitate: contact us today!

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The house money in human hands

PRICING YOUR RENTAL FOR MAXIMUM PROFIT

Getting the best price for a rental property may seem easy to do.  But the minute you begin looking more closely, it becomes clear that there’s more to rental pricing than meets the eye.

First impressions matter

When renters evaluate a rental property, they are not only looking at things like appearance, size and features, they are also sizing up the person doing the showing.  So the more professional and reliable you come across, the more prospective tenants will be willing to pay for your rental.

Do the homework

Before you actually start talking to tenants, you’ll need to know exactly how much you can, and should, ask for your unit.  To do this, you’ll need to look at the rental rates of comparable properties in and around the area where your property is located.  That way, if a prospective tenant should question the price, then you’ll have a basis from which to push back.

Stay aware of trends and laws

Make it your business to stay on top of trends in both the rental and real estate industry.  This means reading studies and reports for the facts and figures you need to help you make sure that you are not only pricing your property well, but also marketing it correctly.  You’ll also need to school yourself on the more technical parts of renting, including state and federal laws governing such things as liability and tax/investment issues.

Don’t cut corners

The best way to get top dollar for your property is to look over as many qualified prospective tenants as possible.  If landlording is not your main job, then you will have to set aside blocks of time in the evenings and on weekends.  You’ll also need to make sure that you review and screen candidate information, especially as it pertains to credit and finances, very carefully before finalizing any agreement.

Sound like a lot of work?  It is.  That’s where the experts at Herman Boswell come in.  Our property management professionals are here to help you get the most for your rental property.  For the financial peace of mind you deserve, contact us today!

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If you haven’t raised your rent in the last few years, consider this: according to the Bureau of Labor and Statistics, the rent index is currently rising at an annualized rate of 3.6%.  So you’re probably overdue for an increase.

At the same time, you may worry that by increasing your rates, you’ll lose good tenants.  It doesn’t have to happen that way, especially if you follow these simple guidelines.

Do your homework

Assess the current rental market in your area and the value of your specific tenants.  Some key questions to ask are:

• When was the last time you raised rents?
• How do your current rates compare to those of similar properties?
• What is the demand for rental units and what are the current vacancy rates?
• Should you increase rates only on in-demand units (for example, one bedroom vs. studio)?
• Which of your tenants are the most valuable and would you consider excluding these individuals from the increase to ensure you keep them?

Be prepared

Once you’ve determined how much to raise rent and on which units, be ready to address negative feedback with justifications for your action.  Legitimate reasons include:

• increased property taxes and fees
• higher utility costs
• increases in janitorial, repair and maintenance costs
• improvement projects designed to enhance tenant living spaces

Be sure to note the length of time since the last increase, especially if you haven’t raised rents for an extended period.

Communicate clearly

Announce the increase in a typed notice on letterhead in concise language.  Consider making explicit some of the main reasons you are raising rent to address complaints before they occur.  Be sure that you adhere to the specified advance notice requirements in your leases and that you make yourself available to tenants should they wish to discuss the increase with you in person.

Raising rent isn’t fun.  But it can be made easier if you have the help of a company like Herman Boswell.  Our professionals are experts in both real estate and tenant management and can see to all the details that go into raising rent the right way.  For the peace of mind you deserve, contact us today!

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If you’re a Texas landlord who rents out property that’s part of a home owner association, it’s wise to familiarize yourself with the state laws that affect Home Owners Associations.  It’s yet another task on the never-ending landlord do-list.  But knowledge is power, especially when it comes to keeping your real estate investments safe.

Following are summaries of the top 3 Texas Home Owners Association laws that you need to know about.  They are the newest ones on Texas law books and took effect between September 1, 2011 and January 1, 2012.

Law #1: Regarding Home Owners Association records

Covenants, conditions and restrictions (CC&Rs) – the Home Owners Association governing documents that dictate how the homeowners association operates and what rules the owners (as well as their tenants and guests) must obey – must be recorded in the real estate records of the county where your property is located.  So should any amendments to them.

The same holds true for articles of formation, bylaws, design guidelines and any rules or policies affecting you as a homeowner.  A Home Owners Association must also post these documents online.

If an HOA does not adhere to these guidelines, then those rules, bylaws etc. are unenforceable.

Law #2: Regarding Home Owners Association board meetings

All Texas Home Owners Associations must give notice to home owners of in-person board meetings.  With certain exceptions for executive sessions, they must open these meetings to homeowners.

What this means for you as a landlord is that if you have not received notice about a meeting that concerns such issues that directly concern you (for example, fines and home assessment increases), boards cannot consider/decide upon those issues.

Law #3: Regarding annual owners’ meetings

Texas Home Owners Association boards must hold annual owners’ meetings.  If they do not, then you as a property owner have the right to call one.

If the board still will not hold a meeting following such a demand, then you and other home owners may form a committee to elect board members.

At Herman Boswell, we know that landlords can get squeezed between responsibilities to tenants as well as other entities like home owner associations.  This is where we can help.  Our team of real estate professionals can monitor each area of your life as a landlord so you don’t have to.  For property management expertise you can count on, contact us!

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Family home in a north American suburb.

REMOTE LANDLORD PROPERTY MANAGEMENT

Do you own investment property in North Texas and live outside that area – or even in another state?  It’s a challenge for sure!  But sometimes that challenge can be overwhelming, even for the most organized individuals.

Following are four tips to help you succeed as a remote landlord.

1.  Automate as many of your services as possible

Some common problems that can cause friction between tenants and remote landlords are lost keys and lighting and/or watering systems that don’t turn on (or get shut off) at the proper time.

To avoid dealing with these hassles, you may consider investing in digital and/or automated systems.  For example, you could purchase a keyless entry service that allows for lock management from a smartphone.  And you could install automatic lights and/or sprinkler systems.

2.  Prepare a list of recommended services

Gathering a list of local services will ensure that your tenants have everything they need for almost any situation.  For example, you could provide information on all the local hospitals, police stations, and repair services.

You could also make a list for entertainment purposes, like parks, shopping areas, and restaurants.  Many tenants will appreciate this amenity, especially if they happen to be new to the area where your rental property is located.

3.  Hire a permanent cleaning/maintenance service

When a tenant vacates a property, you will need to make sure the premises are presentable for the next renter.  The best, most cost-effective way to handle this is to look for a service that is (1) on call and (2) offers a discount for long-term services.  Remember: one-time cleaning and maintenance services are much more expensive than hiring a person or company for the long term.

4.  Find a trustworthy property management team

Probably the single best thing you can do as a remote landlord is invest in the services of a property management company.  No matter where you call home, Herman Boswell can assist you with tenant placement/management, rent collection and maintenance.  Our experts are here to give you the freedom, flexibility and peace of mind you deserve: contact us today!

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