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Updated about 5 years ago on . Most recent reply

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Jim Cummings
  • Residential Real Estate Broker
  • College Station, TX
968
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Texas Landlord Law Section 92

Jim Cummings
  • Residential Real Estate Broker
  • College Station, TX
Posted

If you area Texas Landlord or intend to become a Texas Landlord you should become familiar with Section 92 of the Texas Property Code.

http://texaspropertycode.org/chapter-92-texas-property-code.html#

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Jerel Ehlert
  • Attorney
  • Austin, TX
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Jerel Ehlert
  • Attorney
  • Austin, TX
Replied

If you want to be a landlord in Texas, you better know the law.

Texas Property is the first place to start.

Chpt. 91 - General provisions that apply to all tenancies: https://statutes.capitol.texas...

Chpt. 92 - Residential tenancies: Jim Cummings already covered that.

Chpt. 93 - Commercial tenancies: https://statutes.capitol.texas... if you want to lease, as landlord or tenant, commercial property.

You also want to be aware of Texas Fair Housing Act, chapter 301.

If you ever need to perform an eviction, you need Chpt. 24 - Forcible Entry and Detainer: https://statutes.capitol.texas... is where you need to read.

Your property will probably have restrictive covenants (property owner's associations, but not condos [Title 7, chapters 81 and 82]), so you need to look at Title 11 (chapters 201 through 215) to know what can and cannot be done.

Title is recorded according to Texas' Recording Act (Titles 2 and 3, chapters 5 through 15), which tells you the requirements of what may and may not be recorded.

To understand what is exempt from creditors liens and how to place liens, you need to look at Title 5, chapters 41 through 70.  This covers the expansive homestead exemption and mechanic's liens, judgment liens, hospital liens, landlord's lien, etc.

Everyone likes to talk about a trust, and that's covered under Title 9, chapters 101 through 124.  These cover "land" trusts, testamentary trusts, and charitable trusts.  In Texas, they are all covered by the same set of statutes.

Just about everything done in real estate touches on statutes and laws of the state.  It seems imprudent to maintain willful ignorance.  Now days you have free access to the statutes.  What's important?  Well, all of it at some point.  

  • Jerel Ehlert
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