Landlord Tenant

Question 1

Termination for Periodic Tenancy-Month to Month.

Answer 1

Tenancy ends on the later of:

1) the day given in the termination notice OR
2) one month after the day notice is given

Question 2

Termination for Periodic Tenancy-less than a month

Answer 2

Tenancy ends on the later of:

1) day given in the termination notice OR
2) following the expiration period

Question 3

Holdover Tenant

Answer 3

• LL must provide holdover tenant at least 3 days notice to vacate before the LL can evict the tenant
• unlike most states, TX DOES NOT allow LL to collect double rent from a willful holdover

Question 4

Damage resulting in inhabitability

Answer 4

-if damage to the premises causes complete inhabitability, then either LL or T can terminate by giving written notice
-T or T’s family/guest cannot have been the cause of the damage
(think fire, flood, structural)

Question 5

Assignments/Subleases

Answer 5

-T MAY NOT assign or sublease to another T without the prior consent of the LL

Question 6

LL-Remedie and duties

Answer 6

T fails to pay rent:
1) if LL gives proper written notice, LL may recover 1 mo rent + $500 (Texas allows LL to change lock)

2) Com lease- LL can lock out after placing a note on T’s front door, explaining where a new key may be obtained after back rent is paid
3) Res lease- LL can lock out a res T if the lease expressly provides for this remedy (T can get a new key regardless of whether back rent paid)

Question 7

Wrongful lockout

Answer 7

T’s 2 remedies:

1) possession of the prop or terminate the lease AND
2) damages- 1 mo’s rent + 1000 in damages and costs

Question 8

Security Deposit

Answer 8

• a LL must refund a T’s SD within 60 days after a T surrenders the premises for a com lease.
• res lease= 30 days
• if LL retains all or part of the SD, the LL must provide a written report of the deductions
• LL doesn’t have to provide written report if T owes back rent

Question 9

duty to mitigate

Answer 9

• T surrenders leasehold before the lease is up, com and res
• LL has a duty to mitigate damages
• must make reasonable efforts to mitigate damages
• unless LL and T agree otherwise in the lease
• burden on T to show LL failed to mitigate

Question 10

anticipatory breach

Answer 10

• T abandons premises
• TX permits LL to sue for future rent due
• LL can treat breach as anticipatory and either:
  1) repossess and sue for value of future rentals less the current value and new T’s rent OR
• Release and sue for difference between original K price and new T’s rent

Question 11

Warranty of Habitability

Answer 11

-LL In TX MUST provide a safe, decent, and sanitary dwelling, as well as make repairs that threaten the health or safety of an ordinary T

Question 12

LL’s duty to make repairs

Answer 12

• must make a diligent effort to repair a condition if
  1) T gives proper notice of the condition in need of repair
  2) T is not delinquent on rent at time notice is given AND
  3) the condition materially affects the health and safety of an ordinary tenant