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Tenant Rights 101 | Understanding the lease

When tenants and landlords have an issue, the solution should start with a lease. But do tenants have a right to that lease?

BELL COUNTY, Texas — Whitney Payton moved into Star Estates around February of this year. She soon had disagreements with the landlord over repairs and how the water bill was paid. Payton told 6 News she has asked for a written copy of the lease as soon as she moved in, and had text messages showing she continued to ask for one in May and even later. 

Landlord Robert Mandala, on the other hand, said there was no written lease and only a verbal agreement. The lack of a lease caused issues for both parties when Mandala attempted, unsuccessfully, to evict Payton last week. 

Here's what tenants need to know about their rights surrounding a lease.

Does a tenant have a right to a written lease in Texas? 

If a tenant enters into an oral agreement with a landlord to rent an apartment, a home, or a trailer; and the landlord does not want to create a physical written copy of a lease; then the tenant does not have a right to that lease by law. 

Lone Star Legal Aid Managing Attorney on Eviction Rights Eric Kwartler told 6 News a landlord does not need to provide a written lease if the landlord and the tenant started their business relationship with an oral agreement. 

However, if the landlord did create a document which functions as a lease in some capacity, then the tenant absolutely has a right to that copy of that document within days of agreeing to rent. 

"If there is a written lease that's been signed then the tenant does have a right to a copy of a written leased," Kwartler said.

The right to an existing written lease is found in Texas PROPERTY CODE CHAPTER 92. RESIDENTIAL TENANCIES: "Sec. 92.024.  LANDLORD'S DUTY TO PROVIDE COPY OF LEASE.  (a)  Not later than the third business day after the date the lease is signed by each party to the lease, a landlord shall provide at least one complete copy of the lease to at least one tenant who is a party to the lease."

Additionally, Kwartler told 6 News there is at least one situation in which a tenant does have the right to a written lease. If a tenant owns their own trailer, and is renting land, where they then place the trailer, the tenant has a right to a lease under Texas PROPERTY CODE CHAPTER 94, Sec. 94.053.  LEASE REQUIREMENTS AND DISCLOSURES.

"This rule is only for someone who owns a trailer, and then rents part of a lot with a utility hookup and etcetera. At that point, that lease needs to apply with (section) 94.053," Kwartler said. 

What happens in a tenant eviction if there is no lease?   

Kwartler told 6 News a tenant should always ask for a written lease but there are landlords who will not provide them. Kwartler said this will likely put the tenant at a disadvantage, but it can create problems for both parties. 

Landlord Robert Mandala attempted to evict Whitney Payton from Star Estates last week. He took Payton to court in the Bell County Justice of the Peace Precinct 4 court where Judge Bill Cooke presides. 

Mandala's first claim for eviction was based on Payton not paying rent. He told Judge Cooke rent is due by the 3rd of the month. 

When Cooke asked Mandala, "according to whom?", Mandala provided a set of "park rules" from 2011 before he owned the property. Payton said she had not been provided those "park rules" until last month and had always paid rent around the 28th day of the month. 

Judge Cooke asked Mandala if Payton had paid at that time of the month previously and if Mandala had previously not attempted to evict her. When Mandala said he has not attempted to evict her previously for paying at that time, Judge Cooke decided that, because there was a pattern of payment late in the month, he would postpone the case until after that day so Payton would be able to pay as normal. 

Payton said that she would pay rent at that time, which could nullify the landlord's first cause for eviction. 

Kwartler told 6 News tenants can be successful when arguing their case in court, but they can't always count on judges ruling the same way.  

"This is still justice of the peace court. It's a wildcard. It depends on the judge, it depends on the day, it depends on whether it is before or after lunch," Kwartler said. 

Kwartler said tenants should always get a lease in writing when possible.

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