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The standard TAR lease is typically used. While it looks scary, it actually protects the rentor far more than the landlord!!!
How is it that it protects that tenant more than the landlord? I completely disagree with that - I can find only a single tenant friendly term in the entire 14 page document which is the requirement that the landlord re-key the locks prior to tenant move in. Otherwise the document is 100% slanted towards the property owner.
Personally, after what I went thru w/ my tenants on our former rent house there is no way in hades that I'd strike out the clause to not be able to perform an inspection w/o notice.
momof2,
I certainly understand the motivation to do unannounced visits to the property. Having said that, consider the tenants perspective on the issue. I don't accept that the landlord, or anyone else for that matter, has the right to enter my home without notice or permission, at will (short of an emergency). My dad actually has dealt with this issue for one of his clients where the landlord was entering the property continually, abusing the access, and occasionally interrupting his clients while "in bed". If this is permitted in the lease there is absolutely nothing that the tenants can do to stop it.
In my last apartment, we had a deadbolt lock that opened from the inside only. We signed the standard TAR lease and we never had a problem with our privacy.
It was nice to lock it from the inside where the apt. complex people could not come in to spray say if I was taking a shower. Consider adding that into the lease agreement. Your right to install a deadbolt, or the landlord for your privacy.
If I was a landlord I would not have a problem with that.
That being said, I have friends who are landlords, and they have nothing but horror stories about their tenants. They have often stated to me that in Texas the tenants have all the rights.
While the lease may look scary to you as a tenant trust me, the law favors the tenants FAR MORE than the PROPERTY OWNER. Those are the key words: one is merely "leasing" the property and has no obligations whatsoever and the other actually "owns" it and has sole responsibility. How is this: Your tenants refuse to let you in for an inspection even WITH a notice of even 48 hours. They leave someone at the home at all times to prevent such and/or install said deadbolts. Meanwhile the city code inspector shows up to make an inspection and CAN gain access moreso than the property owner. Upon inpsection he finds that the smoke detectors have been removed/ripped out or dead batteries, walk-in closets that have no light fixture now as the bulb went out and tenant just ripped it down (ie: bare wires), bare electric sockets w/ plates removed by tenants, various other electrical issues and ALL are required to be taken care of by the PROPERTY OWNER. Property owner then gets fined because of such even though they tried to make sure all was well taken care of but the tenant refused to let them in. Sane goes for issues on the outside of home. Home has sprinkler system but tenant refuses to turn it on. This can be a HUGE problem in Texas w/ our clay soils and can cause MAJOR problems to the foundation. Property owner then uses outside controls to turn on sprinklers to keep yard from drying up and large cracks from forming in yard and to prevent foundation problems. Afterall it is MY property and I'm stuck w/ it AFTER tenant moves out. I'm also stuck w/ the fines because tenant believes they have more rights to MY proeprty than them and in most cases they do. So what your saying the tenant has the right to do whatever they want inside the house and the property owner has no right at all to come in if they don't want them in??? Nope, not gonna fly in my book. That is why I don't lease houses anymore nor do a lot of others I know that once did so.
What your going to find is that most landlords want to do the right thing. It is just they have been burned enough to make sure their rears are covered. I don't want fines from the city. I don't want to be known as a "slumlord" if I have a nice house that I rent out and I want to keep it nice. Outward appearances by prospective tenants can be VERY misleading. The property owner is the one that faces more problems than the tenants.
While the lease may look scary to you as a tenant trust me, the law favors the tenants FAR MORE than the PROPERTY OWNER. Those are the key words: one is merely "leasing" the property and has no obligations whatsoever and the other actually "owns" it and has sole responsibility. How is this: Your tenants refuse to let you in for an inspection even WITH a notice of even 48 hours. They leave someone at the home at all times to prevent such and/or install said deadbolts. Meanwhile the city code inspector shows up to make an inspection and CAN gain access moreso than the property owner. Upon inpsection he finds that the smoke detectors have been removed/ripped out or dead batteries, walk-in closets that have no light fixture now as the bulb went out and tenant just ripped it down (ie: bare wires), bare electric sockets w/ plates removed by tenants, various other electrical issues and ALL are required to be taken care of by the PROPERTY OWNER. Property owner then gets fined because of such even though they tried to make sure all was well taken care of but the tenant refused to let them in. Sane goes for issues on the outside of home. Home has sprinkler system but tenant refuses to turn it on. This can be a HUGE problem in Texas w/ our clay soils and can cause MAJOR problems to the foundation. Property owner then uses outside controls to turn on sprinklers to keep yard from drying up and large cracks from forming in yard and to prevent foundation problems. Afterall it is MY property and I'm stuck w/ it AFTER tenant moves out. I'm also stuck w/ the fines because tenant believes they have more rights to MY proeprty than them and in most cases they do. So what your saying the tenant has the right to do whatever they want inside the house and the property owner has no right at all to come in if they don't want them in??? Nope, not gonna fly in my book. That is why I don't lease houses anymore nor do a lot of others I know that once did so.
What your going to find is that most landlords want to do the right thing. It is just they have been burned enough to make sure their rears are covered. I don't want fines from the city. I don't want to be known as a "slumlord" if I have a nice house that I rent out and I want to keep it nice. Outward appearances by prospective tenants can be VERY misleading. The property owner is the one that faces more problems than the tenants.
I understand your perspective as a property owner. I've considered investment property myself and am well aware of the issues. On top of that, an ex-tenant tried burning my parents house down a few years ago so I certainly recognize the opposite perspective. I also realize that the landlord protections implied by the lease are not guaranteed if they conflict with prevailing city law. The issue that I have is that *if* on the slim chance that I have some nut for a landlord that DOES choose to unreasonably interpret the lease there is absolutely nothing I can do. In the example we are discussing, where does one draw the line? Are daily unscheduled visits acceptable? According to the lease - yes. In your examples regarding needed protections for the property, is there any particular reason why something of that sort couldn't be scheduled with the tenant and approved? In my proposed revisions, I have asked for 24 hours notice except in the event of an emergency. I fail to see how that is unreasonable.
What it comes down to is that there can be bad landlords and bad tenants. The lease should ideally be written in such a way that it is fair and reasonable to both parties. Neither party will ever be able to consider every single possible scenario for abuse in the lease. There will always be rogue tenants and there will always be rogue landlords. None of this changes the fact that there are terms in this particular lease which are far more strict than any I have previously seen. Depending upon ones perspective I see how this could be a good thing. As a prospective Tenant it is quite obviously a negative.
Yes, no offense to anyone, but the tenant does not own the property (which comes as surprise to many) but can still walk away at any time leaving the poor landlord with a mess and a bunch of expenses.
Yes, no offense to anyone, but the tenant does not own the property (which comes as surprise to many) but can still walk away at any time leaving the poor landlord with a mess and a bunch of expenses.
One of DH's best friends owns 30 houses, why I don't know because the aggravation he goes through...is amazing. I really canNOT believe how people leave places when they leave...we are not talking just unshampooed carpet or a hole in the drywall, but totally destructive things that I am shocked at people have no shame to do.
One of DH's best friends owns 30 houses, why I don't know because the aggravation he goes through...is amazing. I really canNOT believe how people leave places when they leave...we are not talking just unshampooed carpet or a hole in the drywall, but totally destructive things that I am shocked at people have no shame to do.
I hear ya. The house we had leased out had been our former home: 5 years old, 3000 sq ft, 4bed/3bath/3car/study/formals, nice new community w/ a community pool. Good friends w/ the neighbors (still to this day). Before we leased it I had the carpets cleaned and painted the girls bedrooms back to a more neutral color. The family of 3 we leased it to seemed nice, clean, decent jobs, checked references, past landlords (they can SO LIE on this and there is NO WAY you can REALLY know), etc. Shortly after moving in so did their extended family. Then the kid was sick and in the hospital quite often (I felt sorry for them then and tried to do the right thing as I also have a child w/ asthma). Let them make up rent the next month and all. They would not renew the lease but would not move out and wanted month to month and would like to buy it. Okay, get your finances in order and we will sell it to you no problem. Well that went for a few months (3 to be exact) till we finally said enough is enough we are putting it on the market. Called to make an appointment to come by w/ the realtor to get pics and room measurements. Told all was okay for the next day. Showed up the next day for the sister to crack the door open w/ the chain on it and say, "NO!!!!" and slam it shut. Um, NO!!! Let me just say I kept on eye on the house for no one to be home and got in and was FLOORED! We had tried to make appointments to inspect several times and could never get anyone to agree or they had it locked to where we could not get in. On this trip I got in. Found the smoke detectors ripped from the ceilings, carpet disgusting and filthy, Christmas rope lights taped w/ packing tape all around the kitchen cabinets (what is this a disco??), lights in walk-in closet burned out, they had NEVER dusted their furniture (no wonder the kid has problems w/ his asthma - I felt sorry for the kid and probably should have called CPS), a leaking hot water heater, walls messed up, air filters never changed. Most of these things I would have taken care of if I had known as they do effect the property long after the tenant has moved out. The carpet looked like they had wiped dirty, muddy, greasy feet on it all day and night. It was GROSS!! It took me MONTHS (3) to get them kicked out and evicted because tenants do have more rights even though it appears the standard lease agreement appears otherwise. After they were out and I went to clean this mess up I felt like jumping in a pool of Clorox Bleach afterwards. I do not understand how people can live in such filth - ewwwwwwwww.
We have several friends that have lease houses and many are getting rid of them because it has become such a pain w/ most tenants. Seems those looking for rental HOUSES instead of an apartment are the ones that have bad credit and can not get an apartment along w/ other issues. One of our good family friends has a heart of gold and some of her tenants realize it and really try to take advantage of her. I would not do it for anything in the world now knowing my own experiences and what others have gone thru. Honey, I'd have a key to that house and probably a camera in it
It was GROSS!! It took me MONTHS (3) to get them kicked out and evicted because tenants do have more rights even though it appears the standard lease agreement appears otherwise. After they were out and I went to clean this mess up I felt like jumping in a pool of Clorox Bleach afterwards. I do not understand how people can live in such filth - ewwwwwwwww.
See I will NEVER understand how people do destructive things. I've seen filthy homes (unfortunately not just on television--I have relatives that when I was a kid my parents would not allow us to eat or drink there for health concerns) and so I kind of expect if I rent it, I'm going to have to replace carpet, paint, and take a bath in bleach But the destructiveness...I don't get that. I really don't. Never once have I said "you know what'd be cool? Let's take all the outlet plastic things off and then poke holes around each box!" (happened to our friend more than once) or "let's take the ceiling fans when we go!" Um it's stealing.
Anyway sorry to change the subject from the TAR to the weird things bad tenants do.
This form says it cannot be used by non-members of the Texas association of Realtors. If one were to use a real estate agent who is a member to rent the house and they print a copy of the form and the landlord/tenants fill it out and sign it. Is this a legal use of the form? Keep in mind that the landlord and tenants are the only ones mentioned on the form and the agent/broker is not acting as the property manager.
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Let me just say I kept on eye on the house for no one to be home and got in and was FLOORED! We had tried to make appointments to inspect several times and could never get anyone to agree or they had it locked to where we could not get in. On this trip I got in. Found the smoke detectors ripped from the ceilings, carpet disgusting and filthy, Christmas rope lights taped w/ packing tape all around the kitchen cabinets (what is this a disco??), lights in walk-in closet burned out, they had NEVER dusted their furniture (no wonder the kid has problems w/ his asthma - I felt sorry for the kid and probably should have called CPS), a leaking hot water heater, walls messed up, air filters never changed. Most of these things I would have taken care of if I had known as they do effect the property long after the tenant has moved out. The carpet looked like they had wiped dirty, muddy, greasy feet on it all day and night. It was GROSS!! It took me MONTHS (3) to get them kicked out and evicted because tenants do have more rights even though it appears the standard lease agreement appears otherwise. After they were out and I went to clean this mess up I felt like jumping in a pool of Clorox Bleach afterwards. I do not understand how people can live in such filth - ewwwwwwwww.
But the destructiveness...I don't get that. I really don't. Never once have I said "you know what'd be cool? Let's take all the outlet plastic things off and then poke holes around each box!" (happened to our friend more than once) or "let's take the ceiling fans when we go!" Um it's stealing.
