When You Should Look for a Lease Agreement in Dallas
When you need legal support, finding the right counsel is essential3 min read
When you need legal support, finding the right counsel is essential. That especially applies when it comes to Dallas lease agreements. The laws and regulations that govern leasing in Dallas can be complex and the consequences of not properly understanding the agreement or signing a bad agreement could be devastating. From understanding the terms of a lease to interpreting a lease dispute, it is critical to have high quality advice that understands local property laws. UpCounsel’s experienced legal professionals understand the specificities of lease agreements in Dallas and can provide cost-effective legal services whether you need a one-time consult or an entire freelance legal department.
A lease agreement, simply put, is a written contract between a landlord and tenant for the purpose of renting property. Leases are legally binding agreements that detail the rights and responsibilities of each party and vary greatly depending on the country, state, or region. There are different types of leases, including but not limited to month-to-month leases, fixed-term leases, and yearlong leases.
When entering into any lease agreement, it is important to read the lease carefully and negotiate if necessary. A lease is a contract and either party can breach the contract if the lease terms have been violated. In Dallas, basic terms and provisions of a lease are largely regulated by the Texas Property Code. This guide will provide an overview of the terms and considerations when looking for a lease agreement in Dallas.
Signing a Lease
When signing a lease in Dallas, it is important to understand that the Texas Property Code regulates everything related to leases from basic provisions to a tenant’s rights and responsibilities. Leases must also conform to applicable landlord-tenant statutes, zoning, and health and safety laws. Section 92.201 of the Texas Property Code states that a landlord must disclose in writing all policies and rules that apply to a tenant’s specific rental arrangement. These regulations can include details such as the security deposit limit, payment for any damage not caused by normal wear and tear, and the landlord’s right to enter the premises.
Additionally, Section 92.357 of the Texas Property Code states that a tenant is allowed to make a written request for information related to the ownership, maintenance, repairs, insurance coverage, etc. of a property before signing a lease. Landlords are obligated to provide written responses to this request within seven days or they risk being fined.
Lease Terms
Most lease agreements come rather standard, with the same terms across the board. The typical provisions to include in a lease are the length of the lease, the amount of rent, and the security deposit. It is important to make sure that all of these are stated in the lease. If anything is unclear, the tenant should get clarification in writing from the landlord before signing the lease.
Other provisions that should be included in the lease agreement are details concerning upkeep of the property, payment deadlines, rules about subleasing, and details about any guarantees or warranties. The tenant and landlord should also agree on what actions will constitute a breach of the lease agreement and how those breaches will be addressed.
Terminating a Lease
In Dallas, either the tenant or the landlord can terminate the lease once the leasing period is over. If, however, one of the parties wishes to terminate the lease before the period is up, they must do so according to the terms of the lease. It is important to note that if the tenant breaches the terms of the lease, the landlord can evict the tenant without providing any notice.
Lease Disputes
Lease disputes in Dallas are governed by common law principles which are established by case law, meaning court cases. A court of law is the final authority on lease disputes and can order one or both parties to perform contractual obligations or award damages if a breach of the lease occurred.
If a dispute about a residential lease arises, the tenant has the right to pursue remedies by either filing an eviction petition in court or filing suit for damages, in contrast to commercial rentals, where eviction is the only remedy available to landlords. Before filing an eviction petition or a suit, the tenant must first notify the landlord of the dispute and attempt to resolve it informally.
Closing ideas
Knowing the nuances of Dallas lease agreements can save both the tenant and the landlord a great deal of headaches. Getting high quality counsel to understand and interpret the agreements is essential to avoid costly disputes and mistakes. He or she should be knowledgeable about the Texas Property Code and the applicable statutes, informing of the obligations under the lease agreement. Whether it’s a one-time consult or an entire freelance legal department, UpCounsel can connect you with experienced legal professionals who understand the specificities of local property laws.
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