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Rental house agreement

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newwife03

Member
What is the name of your state (only U.S. law)? TX.... Can someone post a link to where I can find a agreement on Renting my house. I have a house that is occupied by a young man and his wife & son that works with my husband....They moved in May, 2010 and I want them to sign a lease agreement. Can someone also post the late fees that I can charge if they are late on the rent? Thanks for any help.What is the name of your state (only U.S. law)?
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? TX.... Can someone post a link to where I can find a agreement on Renting my house. I have a house that is occupied by a young man and his wife & son that works with my husband....They moved in May, 2010 and I want them to sign a lease agreement. Can someone also post the late fees that I can charge if they are late on the rent? Thanks for any help.What is the name of your state (only U.S. law)?
At this point in time you cannot charge them late fees. You should have gotten the rental agreement prior to them moving in.
 

Banned_Princess

Senior Member
If you get them to sign a lease with late fees effective 30 days after the signing of the lease, then it can be enforced.

you can write your own lease MAKE SURE TO include the right to lock them out if they have not paid their rent, and include a no notice sentence, saying they forgo their right to a 3 day notice to pay before going to court to have them evicted.

include attorney fees, 10% per day after the 5th day late fee, and any and all eviction fees, including sheriff removal of their property. storage fees, cleanup fees (reasonable clean up, and actual dump costs.)

if they pay their utilities, end of lease notification of vacating property, maybe a buyout clause if they want to terminate the lease. . .

here is the Texas LLtennant law

http://www.texasbar.com/Content/NavigationMenu/ForThePublic/FreeLegalInformation/ConsumerTenantRights/Tenants'RightsHandbook.pdf

read it over, take notes on what you want and whats important to you, write the lease, (look at examples of what the first paragraph should say -names addresses rent dates rent ammounts... and the last paragraph, (signatures and dates)
 

Banned_Princess

Senior Member
It is important to read over the booklet before you write your lease, and attempt to enforce it. (I suggest you get a physical copy of the booklet by printing it, or ordering one from TX. )

For example, This is what it has to say on lockouts.

LOCKOUTS
A landlord may prevent you from entering your leased premises only
when your rent is not completely paid (and the landlord follows very
strict rules and promptly allows you back in the premises), in an emergency
situation, to conduct a bona fide repair, or when you have abandoned
the premises.

The landlord may not change the locks based on
your failure to pay rent unless the lease says that she can do so and she has
first mailed or delivered a three-day notice that states the earliest
date of the proposed lock-out, the amount of rent owed, a location
where it can be paid, and your right to receive a key to the new lock at
any hour, regardless of whether you pay the delinquent rent
.

When your landlord changes your door locks because you are behind on paying the
rent, the landlord must leave another written notice on your front door
describing where a new key may be obtained at any hour and must give
the name and location of the individual who will provide you with the
new key. The notice must state the fact that the landlord must provide
the key to you at any hour (regardless of whether or not you pay any of
the delinquent rent) and the notice must state the amount of rent and
other charges for which you are delinquent.The new key must be provided
to you immediately, regardless of whether you pay the landlord
anything, or the notice must give you a telephone number that is
answered 24 hours a day that you can call to have a key delivered to you
within two hours after calling the number. These rules apply no matter
what any lease agreement might say and even if the landlord is closing
down the premises. The landlord CANNOT remove a door, window,
lock, doorknob, or any other appliance furnished by the landlord
because you are behind on the rent, unless the removal is for repair or
replacement (in which case, a lock, doorknob, or door should be
repaired or replaced before nightfall). The landlord also cannot prevent
you from entering a common area of the rental property.

If the landlord changes the door locks without giving you the required
notices or without providing a new key or removes a door or other
item improperly, you may terminate the lease or recover possession of
the premises. In either case, you may also recover actual damages, one
month’s rent plus $1,000, plus reasonable attorney’s fees and court
costs, less any past due rent owed by you as the tenant.
To get back in, you should contact the manager, management company,
or owner for a new key. If your landlord refuses to give you a
key, you can go to the Justice of the Peace Court in your area and
request a “writ of reentry” which will order the landlord to provide
you with a key to your house or apartment.
 

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