The Basics

When you rent an apartment in Austin, Texas your rights and obligations are governed by what is known as a lease agreement or rental contract.    There is no standard guide for these documents, one the law says must be followed. You should remember however that it is a legally binding contract that puts in writing the terms and conditions of your agreement with the landlord. 

Before  you sign the agreement, it is important you read it carefully and make known your objections to anything you think is unfair, you couldn’t agree to, or is clearly not representative of your discussions with the landlord or his/her agent.   It’s too late to object to the terms of the lease after you have signed the document. You will have a lot better chance to favorably negotiate for things like a parking spot allocation before you sign than after. Always remember, if there is a disagreement between you and your landlord, this agreement is the document any third party will look at to adjudicate your dispute. 

Essential Details of a Lease Agreement

All Austin apartment lease agreements must have:

• Your name and your partner’s or co-lessee’s name (it is advisable to include any roommates as co-lessees; it will afford you greater protection).
• The name and address of the landlord.
• The period of the lease, defined by start and end dates.  This is the period during which you have use of the property.  You cannot be evicted from the property during this time unless you breach an essential condition of the contract.
• The address of the property that you are renting.
• Details of your monthly rent and your required security deposit.
• Penalties for failure to pay rent and the landlord’s rights regarding late payments.
• Regulations regarding pets or children.
• Damage and repair policies—your and the landlord’s obligations in the event something needs to be repaired.  Some lease agreements require the tenant to pay a portion of repairs and in some instances, the entire cost. 
• Utilities and services supplied by the landlord are outlined in the lease agreement.  These include heating, hot water, air conditioning, etc.
• Tenant’s parking rights and allocation.  This will define where you and visitors are allowed to park your cars and the procedures the landlord can adopt for any breaches.
• Your rights regarding improvements such as painting and general improvements that require structural alterations or permanent changes.
• Subletting:  While leases require that you commit for a minimum of 6 to 12 months, you can at times, obtain apartments on a month-to-month basis, or sublet from another tenant for a period of time.  Before you sublet, make sure that subletting is permitted in the lease.

It is important to remember before you sign that this lease is a legally binding document that is meant to give you protection.  This document can not be written entirely for the landlord’s benefit.  It is, after all, your home, and Texas law has developed protections, and checks and balances that the lease document for your apartment in Austin should reflect.  Regardless, the lease is still a document that will be referred to and used to arbitrate in any dispute between you and your landlord, so read every page carefully and make your objections known before signing. Whether rent an apartment in Austin Texas or anywhere else you should follow these steps.