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Updated over 1 year ago on . Most recent reply
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Looking for real estate attorney/recommendations
Hi, BP family. I’m looking for a local real estate attorney or recommendations on how to go about making sure my first rental property (long-term) and lease is up to rental standards/local and state laws. What appliances are required and what are “amenities”? Can I charge pet fees? Etc. Things like that!
I was planning on starting off with the BP Landlord Docs as a starting point and then talking with a local real estate attorney in my area? I’m in the South Houston Market (League City). I’d be very appreciative of any advice or recommendations on how you would go about making sure your first rental property started off on the right foot! Thanks!!!
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I think you need a great realtor or PM to help walk you thru some of that stuff, vs attorney. Nothing against attorneys, but I would guess few know if fridge or washer/dryer is standard in your market or not...or if you can charge extra for W/D. I'll bet few know what the standard deposit is or if the standard pet deposit is today refundable or non-refundable, or what the competition is charging for pet fees, etc.
While there may be some great landlord/owner attorneys around and some that know the rental property code, I would expect the good ones don't really want to sit down with you for a general discussion without a pretty big fee. I know it probably sounds like a good idea, but in the end I think tough to accomplish and while I've never asked a rental owner that specific question, my guess is after talking to 100s of owner/investors none has ever done this. My quick thought is to go spend a day at JP (eviction) court and see what attorney takes all the tenant cases and ask them for a consultation on how to stay out of trouble. Also spending the day there just listening to cases might give you a pretty good basic education. I would guess most attorneys if they were to advise you would recommend using TAR lease or TAA lease. Both of these require membership to use their forms, but they're standard. Good real estate attorneys should know them if you have issues, and the judge/JP should be familiar with them if you have trouble. If you try to use forms you find online, if you have a problem, now the judge/JP and attorneys will have to spend more time reviewing...commenting...changing...and therefore charing you more money to do that.
One thing that might help is to read the Texas property code. Print it out in a hard copy. Read it about 3 times a year. Then perhaps if you have specific questions, then go ask the attorney to maximize your consultation fee/time.
Also if the city where your property is has a rental inspection, get that sample checklist and make sure your property complies. I really love what one investor friendly attorney in Dallas says when owners try to complicate things. He says...be a good landlord...keep things in good repair....do inspections and repair things when they are broken, even if the tenant doesn't ask. If you're married or have a picky friend, take them to inspect the property with you. Fix stuff and clean stuff to their standards. I see owners who rarely if ever set foot in the property and then wonder why they sit on the market longer than others....because they are dirty, lawn not mowed, yard full of weeds, broken down fence, missing screens, stained toilet seats, and on and on. You don't typically get the best tenants that way.
If your city doesn't do rental inspections, find an inspection list from another city online somewhere. Garland is one city where the checklist is probably online for you to review.
Welcome to the fun of being an owner/landlord. Good luck and best wishes.