Quizzes

New Landlord-Tenant Laws

by Judon Fambrough

  1. Parents sign as guarantors for their daughter's apartment. They guarantee the rent payments for their daughter as well as her two roommates. When the daughter renews the lease for the second year, the parents continue as guarantors even though the daughter has different roommates.
    TrueExplanation »
    FalseExplanation »

    False. For parents to be bound as guarantors for the renewal, the renewal, among other things, must involve the same parties as the original lease. Because the parents' guarantee included the two roommates, the parties have changed. Consequently, the parents are not liable as guarantors for the renewal. If the daughter had kept the same roommates, then assuming all the other requirements are met, the parents would have been bound. (See Section 92.021of Property Code, pp. 25 and 26.)

  2. In the original apartment lease, the parents agreed to be bound as guarantors for subsequent renewals by their daughter. Assuming the daughter has the same roommates, the parents continue as guarantors even though there is a rent increase.
    TrueExplanation »
    FalseExplanation »

    False.The statute provides that, in addition to the same parties being involved in the renewal, there can be no change in the guarantors' financial obligation. Here, the rent increase changed the parents' financial obligation. Therefore, they are not bound as guarantors. (See Section 92.021of Property Code p. 26.)

  3. The residential lease signed by the daughter included a charge for late fees. The daughter is three days late in making her rent payment. A late fee cannot be collected at this point because the statute requires the rent payment, among other things, to be at least five days late before the fee is collectible.
    TrueExplanation »
    FalseExplanation »

    False. A landlord may charge late fees when, among other things, the rent remains unpaid one full day. (See Section 92.019 of the Property Code, p. 25).

  4. Under Texas law, there is a penalty for a landlord charging a late fee contradictory to the requirements contained in the statutes.
    TrueExplanation »
    FalseExplanation »

    True. A landlord who violates the requirements for charging a late fee is liable to the tenant for $100, three times the amount of the late fees charged in violation of the statute, and the tenant's reasonable attorney's fees. (See Section 92.019 of the Property Code, p. 25.)

  5. A late fee may include only a daily fee for each day the rent remains unpaid.
    TrueExplanation »
    FalseExplanation »

    False. The late fee may include both an initial fee and a daily fee for each day the rent remains unpaid. (See Section 92.019 of the Property Code, p. 25.)

  6. The daughter is hearing impaired. This fact was disclosed to the landlord prior to signing the lease. by law, the landlord must install smoke detectors for the hearing-impaired daughter before she moves into the apartment.
    TrueExplanation »
    FalseExplanation »

    False. Landlords must install smoke detectors that are capable of alerting the hearing impaired in the bedrooms they use if requested by the tenant or as required by law. Otherwise, the landlord has no obligation to install smoke detectors for the hearing impaired. The daughter must request the installation. (See Section 92.254 of the Property Code, p. 18.)

  7. The daughter begins using drugs. She is convicted for possessing narcotics. The landlord has the right to terminate the lease immediately.
    TrueExplanation »
    FalseExplanation »

    False. Landlords have the right to terminate a lease if the activity involves a violation of Chapter 43 of the Texas Penal Code. This chapter deals with public indecency, such as sexual deviate acts and prostitution. Because the use and possession of drugs is not included in Chapter 43, the landlord has no right to terminate the lease for conviction of this crime. (See Section 91.003 of the Property Code, p. 26.)

  8. One of the daughter's roommates is sexually assaulted while in the apartment. All the tenants have the right to immediately terminate their leases without future liability for the balance of the lease term.
    TrueExplanation »
    FalseExplanation »

    False. The right of termination exists for the tenant that was assaulted, but it is unclear as to the other tenants who were not assaulted. However, to terminate the lease, the attack has to be documented by a health-care provider (among others). Thereafter, the tenant who was assaulted (and possibly the other tenants) may then terminate the lease and avoid liability beginning on the date after the tenant:


    • provides a copy of the document substantiating the attack to the landlord,
    • provides written notice of termination of the lease to the landlord on or before 30 days before the lease terminates and
    • vacates the premises on the 30th day after delivering the notice to vacate to the landlord.
    • There is no right to terminate the lease immediately in this instance. (See Section 92.0161 of the Property Code, p. 29.)
  9. Instead of telling their parents about the assault, the roommates keep it a secret for seven months. When the parents find out, they attempt to terminate the leases on their daughters' behalf. The parents have the right do so under these circumstances.
    TrueExplanation »
    FalseExplanation »

    False. The tenants' ability to terminate the lease for a sexual assault requires the assault to occur within the prior six months. Thus, the right to terminate the lease expired. (See Section 92.0161 of the Property Code, p. 29.)

  10. According to the terms of the lease, the landlord "pays all bills." This means the tenants are not obligated to pay for their electrical use, among other things. When the tenants fall behind on their rent, the landlord may still "cut off their electricity" until the rent is paid.
    TrueExplanation »
    FalseExplanation »

    False. The only time the landlord may legally interrupt the tenants' electrical services after Jan. 1, 2010, is for bona fide repairs, construction or emergencies. (See Section 92.091 of the Property Code, p. 22.)

  11. Tenants may terminate the lease because the landlord wrongfully interrupted their electrical service.
    TrueExplanation »
    FalseExplanation »

    False. The tenant may get the electrical services restored by filing with the Justice of the Peace. If the landlord fails to abide by the judge's ruling to restore services, the landlord may be held in contempt and placed in jail without bail until the services are restored. But the statutes do not give the tenant the right to terminate the lease. (See Section 92.091 of the Property Code, pp. 22?24.)

  

To view or download a free copy of the 132-page 2010 Landlords and Tenants Guide click here.

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