What is the Texas Apartment Association Lease Agreement?
The Texas Apartment Association (TAA) Lease Agreement is a document which allows for the leasing of a rental unit. The TAA lease agreement is drafted entirely by the Texas Apartment Association and can be found on their website. The lease agreement is about 16 pages long and can be signed by any of the tenants of the apartment complex.
The Texas Apartment Associations’ website discusses how the primary reason for the TAA forms is to assure consistency and uniformity in all leases throughout the state of Texas. In other words, this is a form that can be used by any apartment complex in Texas. The Texas Apartment Association publishes forms for apartment leases , such as the Texas Apartment Association Lease Agreement and a commercial lease.
Importantly, the Texas Apartment Association states that "it does not participate in lease negotiations between specific landlords and tenants. Doing so would destroy the purpose of standard forms." Thus, if one looks at a TAA lease and you realize that the landlord is being unreasonable regarding something in the lease agreement, you will have to remember that if you want to modify the lease agreement that it is the landlord that has to agree. You cannot unscrupulously attempt to add unusual provisions to the Apartment Lease Agreement. And the Texas Apartment Association warns of this potential issue.
Features of the TAA Lease Agreement
The Texas Apartment Association (TAA) lease agreement is a widely adopted contract throughout the state, and provides a standard framework of expectations for landlords and tenants. This section will explain the essential elements and clauses typically found in the TAA lease agreement.
Rent and Payment Terms
As with most lease or rental agreements, in Texas, the effective TAA lease agreement requires that the tenant pay rent according to terms specified by the landlord. Although the landlord has a right to specify the terms of payment, he or she may not request such that payment be made more than one month in advance of the current payment period. The TAA lease agreement may, among other things, allow the landlord to charge a convenience fee for any methods of rent payment besides cash, and even permits the landlord in certain circumstances to relocate the payment address as long as the tenant is provided with at least 10 days’ notice to the new payment location. Along with providing the rent due date, the TAA lease includes a provision that allows the landlord to demand the delinquency of rent if it is not received by the first of the month. If the tenant fails to pay rent when due, the landlord may charge additional late fees in appropriate circumstances under the terms of the lease.
Estoppel Extension Provision
The estoppel extension is a status notification clause that relieves the landlord from a tenant’s failure to provide timely responses. The clause requires the landlord to present to the tenant the notice that includes a deadline by which the tenant must respond. This provision allows the tenancy to continue after the termination date in the TAA lease if the landlord has not notified the tenant otherwise.
Security Deposits
Texas law requires landlords to return the tenant’s security deposit under certain conditions, but the terms of the TAA lease agreement provides for a shorter notice period. Under these provisions, the landlord has up to 60 days to return the security, whereas Texas law permits up to 30 days. The TAA lease also requires that the landlord return all or a portion of the security deposit if the landlord subsequently terminates the lease for other actions other than nonpayment of rent, including but not limited to lease violations.
Tenant Obligations
Tenants generally have obligations on his or her part to comply with the terms of the lease. Depending on the specific language the landlord chooses to include in the lease (from available options in the TAA lease agreement), the tenant may have certain restrictions imposed upon them, such as bans on pets, smoking, playing music loudly, and more. The tenant may find that a wide range of requirements exist, depending not only on the specific lease terms, but on whether there are any covenants, bylaws, or rules from a Homeowners Association or the applicable Homeowners Association may exist.
How to Access the TAA Lease Agreement PDF
The Texas Apartment Association (TAA) is a leading trade organization promoting apartment industry growth, and offers its members many valuable benefits. Most importantly, the TAA provides a comprehensive series of written lease agreements, forms, and contracts for use by its members when dealing with tenants and employees. These resident lease agreements are written on the standard long form apartment lease, commonly known as the TAA lease agreement.
TAA members can access and download the TAA Lease Agreement PDF from the TAA website at www.TAA.org, free of charge. Membership to TAA is not required in order to view or retrieve a copy of the TAA Lease Agreement PDF. However, non-member individuals and companies will be required to pay a small fee to retrieve certain documents.
While most apartments that are members of the Texas Apartment Association will use the standard TAA lease agreement with their residents, many apartment owners and developers are members of the TAA and use the standard TAA lease agreement to issue to employees who work at the complex. The Resident Manager Lease Agreement allows for an employee to receive a unit in the complex as part of their salary.
Common Changes to the TAA Lease
While they say the only constant in life is change, the Texas Apartment Association Lease Agreement PDF has been remarkably consistent. Every lease agreement offered by the TAA for use by apartment owners and managers has included all the essential provisions necessary to form a valid contract and permit tenants to fully understand their rights and obligations as residents of the property. Over the years, landlords and tenants have made modifications to the pre-printed terms to address specific needs, and while the TAA recommends that landlords include only the language within the agreement or its addenda, some landlords still include handwritten alterations to the pre-printed terms. For example, many landlords simply cross out the provisions prohibiting pets, waterbeds, roommate additions, or late fees and insert their own terms or addenda addressing these items.
It’s a common misconception that changes cannot be made to a TAA lease agreement. Since the TAA lease agreement is a contract, the parties have every right under the law to agree to alter the terms in any way that is both legal and acceptable to them. The landlord’s right to make changes under the law is tempered by the concept of real estate contract law referred to as "mutuality." Essentially, both sides must have the ability to either perform or agree to any contractual obligations required by the other party in order to be bound by the contract. Equitable valid compromises include modifying the amount of the security deposit to accommodate the tenant’s personal circumstances, or allowing the tenant to pay balances owed in installments.
A better practice than editing the standard TAA lease agreement is for the landlord to enforce the terms of the modified agreement, including handwritten changes, where it works to the benefit of the resident or is necessary under the law, and to disregard the change where it works to the detriment of the resident or gives the resident an unreasonable legal advantage to enforce under the litigation process. By enforcing the handwritten change as to a waterbed but ignoring it as to a maintenance provision that places an unreasonable burden on a tenant or not permitted by law, the landlord can alleviate many of the problems associated with a "modified" TAA lease agreement.
Advantages of the TAA Lease Agreement
Independent of the topic of a blog post, I usually recommend focusing on the benefits from both the point of view of the resident and the apartment community. Here, I suggest some benefits from using the Texas Apartment Association (TAA) Lease Agreement:
•Legal Protection
The TAA Lease Agreement is written by attorneys for the apartment industry. This benefit gives you the best opportunity to enforce the terms of the lease.
•Standardization
The Texas Apartment Association Lease Agreement is used by Texas apartment communities throughout the state. You know what the terms – and the rights – are before you lease . This ensures you will be treated consistently with all the other residents at the community.
•Cost Effective
Using the Texas Apartment Association Lease Agreement is a cost effective way to cut down on legal fees. Because the form is used by the great majority of apartment communities in Texas, the form has been challenged in court and deemed to be enforceable. Therefore, if you have a material default by a resident, you will know what to expect if you file an eviction.
•Convenient
The Texas Apartment Association Lease Agreement was designed to be easy to read and understand. This makes it easier for both parties to file appropriate court paperwork should there be an eviction.
Legal Considerations and Compliance
While the TAA Lease Agreement PDF is tailored for use in Texas, it is important that both owners and residents alike are aware of their legal responsibilities under the state and federal laws and regulations. For instance, there are a number of laws with which owners of multi-family rental properties must comply (among others) the Fair Housing Act, Texas Property Code, Texas Water Code, The Fair Credit Reporting Act, HUD rules and regulations, and Texas Deceptive Trade Practices Act.
When enforcement of the lease agreement terms requires the owner/manager or resident’s rights or responsibilities to be set forth in the law, the law prevails even if there is conflicting language in the TAA Lease Agreement PDF.
Tips for Reading the TAA Lease
While landlords may insist that the TAA Lease is standardized, there are critical terms in a lease that the tenant can negotiate, and understanding these terms will help you navigate the leasing landscape.
Rent Payments: Check the base rent payment and review the lease provisions pertaining to late charges. Landlords frequently do not follow the strict provisions of the statute with respect to late notices and we have litigated several cases against landlords that were collecting late fees without notice and without complying with the provisions of the TPCA.
Durations: Look at the duration of your lease. Did you move in for 12 months or some other duration? Check your renewal provision and any renewal addendums to determine how much advance notice you must provide to terminate the lease if you do not want to renew.
Repairs and Apartment Condition: Did you get a new apartment body or did you sign an "as is" apartment? If it is an initial apartment body , check the "post move-in inspection" provision in the lease to determine when you must report any damages to the apartment at the time of move-in. Notify your landlord when you discover defects.
Security deposit provisions: Check the security deposit provisions to determine when you can expect a decision on return or withholding of the deposit or to receive a detailed accounting of any deductions taken from your deposit. When the expiration of the timeframe established for return of the security deposit passes, you may be entitled to a greater damage remedy.