If you own a rental property, you know that it is essential that your tenants sign a lease. Having written rules and regulations for tenants to follow will protect you from legal battles. The lease should state how long tenant will live in the unit and be responsible for paying rent. If a tenant tries to move out before the lease is up, you may have the right to recoup the amount of rent owned until the lease expires, as well as for breach of contract, and other damages.

While most leases are clear and concise, there can sometimes be loopholes to be aware of. We made a list of some common lease loopholes and what you can do about them.

The Property Violates Habitability Standards

If a tenant claims that you have not handled your obligation of keeping the property habitable, they can try to get out of the lease. A few claims the tenant can make include:

• They don’t have access to running water.
• You aren’t providing adequate trash bins.
• You aren’t keeping common areas clean.
• You aren’t making repairs when necessary.
• You aren’t following safety and health codes.

What To Do: Make sure that the complaints have been heard, investigated, and rectified. If you can prove their claims are false, they won’t be able to get out of the lease.

Harassment Or Violating the Rules Of Entry

You are generally required to give your tenant 24-hour notice if you need to enter their unit for inspections, repairs, or to show the unit to prospective tenants. If your tenant claims that you have violated this rule or that you are harassing them, they might have grounds to break their lease without any consequences.

What To Do: It is best to communicate as much as possible, especially via text or email. When you have text or email conversations saved, you will have proof that you have been giving your tenants adequate notice to enter the unit and that you haven’t said or done anything to qualify as harassment.

Active-Duty Military

If your tenant is in the military, they are protected under the Servicemembers Civil Relief Act. If the tenant is deployed or their station orders change for at least 90 days, they can legally get out of their lease.

What To Do: If your tenant is active in the military, ask for notice if they have been notified of possible deployment or location change. If needed, you can also request a copy of the deployment order or station change. These situations are usually legitimate, and it is important to be as fair and understanding as possible.

At Specialized Property Management Houston, we know how to create a fair lease agreement that benefits both you and your tenants. We prepare and execute all leasing documents in accordance with Leases & Addenda promulgated by the Texas Association of Realtors.  We secure rents and place deposit funds into escrow, and provide formal new tenant training on how to care for the property.

For a no-pressure, no-obligation property management quote, please contact us online or call us at 713-930-1059 for more information.