1. Lead-Based Paint Disclosure
If this property was built before 1978, the following applies:
- Month2Month will disclose any known lead-based paint or lead-based paint hazards in the property prior to lease execution.
- Month2Month will provide all available records and reports pertaining to lead-based paint in the property.
- The tenant will receive a copy of the EPA-approved pamphlet "Protect Your Family from Lead in Your Home."
For more information: National Lead Information Center at 1-800-424-LEAD (5323) or www.epa.gov/lead.
2. Security Deposit
Deposit Limits
Texas law does not impose a statutory maximum on the amount of a security deposit. The amount of your security deposit will be specified in your lease agreement.
Return of Deposit
Pursuant to TX Property Code §92.103, Month2Month will refund the security deposit within 30 days after the tenant surrenders the premises and provides a written statement of the tenant's forwarding address.
If any deductions are made, Month2Month will provide a written description and itemized list of all deductions along with the remaining balance of the deposit. The refund and itemized list will be mailed to the forwarding address provided.
Permitted Deductions
The security deposit may be used for: unpaid rent; damage to the premises beyond normal wear and tear; breach of lease; and costs of reletting if the tenant breaks the lease.
Forwarding Address
You must provide Month2Month with a written forwarding address for purposes of receiving the security deposit refund. The 30-day refund period does not begin until the forwarding address is provided. (TX Property Code §92.107)
Disputes
If you dispute any deduction, contact Month2Month in writing. If the dispute cannot be resolved, you may file a claim in justice court (small claims). If a court finds that the landlord acted in bad faith by retaining the deposit, the tenant may recover $100 plus three times the amount wrongfully withheld, plus attorney's fees. (TX Property Code §92.109)
3. Smoke Detectors and Carbon Monoxide Alarms
All Month2Month rental properties are equipped with operable smoke detectors installed in compliance with Texas law. Pursuant to TX Property Code §92.254, the landlord must install at least one smoke detector in each separate bedroom and in the hallways or rooms giving access to each separate bedroom.
Landlord Obligations
- Install smoke detectors in required locations before the tenant takes possession.
- Test and ensure all smoke detectors are in working condition at the beginning of the tenancy.
- Replace or repair malfunctioning smoke detectors within a reasonable time after receiving written notice from the tenant.
- Provide smoke detectors that are powered by battery, wired to the electrical system, or both.
Tenant Responsibilities
- Do not disable, disconnect, cover, or tamper with any smoke detector.
- Test all devices monthly by pressing the test button.
- Replace batteries as needed (unless the unit is sealed with a non-replaceable battery).
- Notify Month2Month in writing if any device is malfunctioning or needs repair.
- A tenant who removes a battery from a smoke detector without replacing it with a working battery, or who knowingly disconnects or disables a smoke detector, is liable to the landlord for any damages arising from fire, smoke, or related hazards.
4. Door Locks and Security Devices
Required Security Devices
Pursuant to TX Property Code §92.153, all Month2Month rental properties in Texas are equipped with the following security devices:
Exterior Doors:
- A doorknob lock or keyed deadbolt on each exterior door.
- A keyless bolting device (deadbolt operable from inside without a key) on each exterior door.
- A door viewer (peephole) on each exterior door that does not have a window or sidelight allowing the occupant to see the person outside.
Exterior Sliding Glass Doors:
- A sliding door pin lock on each exterior sliding glass door.
- A sliding door handle latch or sliding door security bar on each exterior sliding glass door.
Windows:
- A window latch on each exterior window.
- A keyless locking device or a security bar on each sliding window.
Right to Request Lock Changes
A tenant may request that the landlord rekey or change the locks at any time during the tenancy. Pursuant to TX Property Code §92.156, a landlord must change or rekey a lock on an exterior door of a tenant's dwelling within a reasonable time after receiving a tenant's request, unless the lease provides otherwise. The landlord may charge a reasonable fee for the rekeying.
Right to Rekey at Move-In
Month2Month rekeys all locks between tenancies. Pursuant to TX Property Code §92.156(b), a landlord must rekey, change, or install a new lock on each exterior door of a dwelling at the landlord's expense not later than the 7th day after each tenant turnover date.
Landlord's Duty to Repair or Replace
The landlord must repair or replace a security device within a reasonable time after receiving a written request from the tenant. If the landlord fails to install, inspect, or repair a required security device, the tenant may:
- Install, repair, or replace the device and deduct the cost from the next month's rent (up to one month's rent).
- Terminate the lease if the landlord fails to comply within a reasonable time after written notice.
- File suit and recover actual damages, one month's rent plus $500, court costs, and reasonable attorney's fees. (TX Property Code §92.164)
5. Landlord Identity and Address Disclosure
Pursuant to TX Property Code §92.201, a landlord must disclose to a tenant the name and either a street or post office box address of the holder of record title to the premises. The disclosure must be made before the lease is executed or as part of the lease agreement.
Additionally, a landlord who is not a named party to the lease must provide the name and address of the property management company (if applicable) responsible for managing the premises.
Your lease agreement contains the specific owner information, property manager contact information, and emergency maintenance contact for your property. Month2Month serves as the property manager for all properties in our portfolio.
General Contact: [email protected]
6. Flood Zone Disclosure
If your property is located in a 100-year floodplain as designated by FEMA, or if the property has flooded in the past five years, this information will be disclosed in your lease agreement if applicable.
A landlord who fails to provide the required flood disclosure is liable to the tenant for actual damages. The tenant may also terminate the lease within 30 days of receiving the disclosure if the disclosure was not timely provided.
Flood Insurance
The property owner's insurance policy does NOT cover your personal property in the event of a flood. Standard renter's insurance typically does NOT cover flood damage. You are strongly encouraged to obtain separate flood insurance to protect your belongings, especially if the property is in a flood-prone area.
For flood zone information, visit the FEMA Flood Map Service Center at https://msc.fema.gov/portal/home.
7. Mold Disclosure
Texas does not have a specific statute requiring mold disclosure in residential leases. However, a landlord's duty to repair or remedy conditions materially affecting the physical health or safety of an ordinary tenant under TX Property Code §92.052 includes addressing mold caused by moisture problems within the landlord's control.
Month2Month provides this disclosure as a best practice. Month2Month is not aware of any mold in the rental property that poses a health threat at the time of your lease. If mold is discovered during your tenancy, Month2Month will take appropriate remediation action.
Tenant Responsibilities to Prevent Mold
- Ventilate your home: Use exhaust fans in bathrooms and kitchens, and ensure air circulation.
- Control moisture: Wipe up spills and leaks immediately, do not let water accumulate, and report any leaks or water damage to Month2Month immediately.
- Use heating and air conditioning: Maintain reasonable temperatures and use climate control systems to reduce humidity.
- Clean regularly: Regular cleaning prevents mold from establishing itself.
- Report problems immediately: If you see mold, smell musty odors, or notice water damage, report it to Month2Month right away.
8. Bed Bug Disclosure
While Texas does not have a specific statute mandating bed bug disclosure in residential leases, Month2Month provides this information to protect tenants and promote early detection.
Identification
Bed bugs have six legs and flat bodies about 1/4 inch long, ranging from red-brown to copper colored. They do not fly but move quickly over surfaces. They hide in mattress seams, box springs, bed frames, headboards, furniture crevices, baseboards, and wall cracks. They feed on human blood at night.
Signs of Infestation
Look for small blood stains on sheets, dark spots (excrement) on mattresses or walls, shed skins, and a sweet musty odor. Bites may appear as red, itchy welts in a line or cluster, though some people do not react.
Prevention
- Inspect your mattress, box spring, and bed frame regularly.
- When traveling, inspect hotel rooms and luggage before returning home.
- Do not bring used mattresses or upholstered furniture into the home without thorough inspection.
- Reduce clutter to eliminate hiding places.
Month2Month has no knowledge of any bed bug infestation in your specific rental unit. If Month2Month becomes aware of bed bug infestation during your tenancy, you will be notified immediately.
9. Right to Repair and Deduct
Texas law provides tenants with specific remedies if the landlord fails to make necessary repairs that materially affect the physical health or safety of an ordinary tenant.
Conditions for Repair and Deduct
Pursuant to TX Property Code §92.056, before exercising repair remedies, all of the following conditions must be met:
- The condition materially affects the physical health or safety of an ordinary tenant.
- The tenant has given notice to the person to whom rent is normally paid (or to the landlord's management company).
- The tenant has given the landlord a reasonable time to repair or remedy the condition (generally 7 days from the date of notice, unless the condition involves an interruption of utilities or a condition that materially affects health or safety).
- The tenant is not delinquent in the payment of rent at the time notice is given.
Available Remedies
If the landlord fails to make repairs within a reasonable time after proper notice, the tenant may:
- Repair and deduct: Have the condition repaired and deduct the cost from a subsequent rent payment, not to exceed one month's rent (or $500 for security devices).
- Terminate the lease: If the condition materially affects the health or safety of the tenant and the landlord has been given notice and a reasonable time to repair.
- File suit: Obtain a court order directing the landlord to make repairs, reduce the rent, or both. The tenant may also recover actual damages, one month's rent plus $500, court costs, and reasonable attorney's fees. (TX Property Code §92.0563)
10. Domestic Violence Protections
Right to Terminate Lease Early
Pursuant to TX Property Code §92.016, a tenant who is a victim of sexual assault or stalking that takes place during the preceding 6-month period on the premises or a tenant who is a victim of family violence during the lease term may terminate the lease and vacate the dwelling by providing the landlord with:
- Written notice of termination.
- A copy of a court order protecting the tenant (temporary injunction, protective order, or magistrate's order of emergency protection).
- OR a copy of documentation of the family violence, sexual assault, or stalking from a licensed health care services provider, a domestic violence center advocate, or a sexual assault program advocate.
The tenant must vacate the premises within 30 days after providing the notice. The tenant is released from all liability for future rent and any other sums under the lease.
Right to Request Lock Changes
Pursuant to TX Property Code §92.0161, a tenant who is a victim of family violence may request that the landlord change the locks on the tenant's dwelling. The landlord must change the locks not later than 72 hours after receiving the request. If the landlord fails to change the locks within 72 hours, the tenant may change the locks and is not required to provide a key to the landlord.
Confidentiality
Month2Month will maintain the confidentiality of any information provided by a tenant who is a victim. Documentation provided will be kept in a secure file and will not be disclosed to third parties except as required by law.
Resources
- National Domestic Violence Hotline: 1-800-799-7233 (TTY: 1-800-787-3224)
- Texas Council on Family Violence: www.tcfv.org
- Texas Association Against Sexual Assault: www.taasa.org
- National Sexual Assault Hotline: 1-800-656-4673
- Texas Attorney General Victim Services: www.texasattorneygeneral.gov/crime-victims
11. Furnished Property Disclosure
All Month2Month rental properties are provided fully furnished. All furniture, appliances, fixtures, and household items in the property are the property of Month2Month or the property owner and are provided for your use during the term of your lease.
Your Responsibilities
- Maintain all furnished items in the same condition as received, allowing for ordinary wear and tear.
- Use all items for their intended purpose only.
- Do not remove any furnished items from the property.
- Report any damage to furnished items within 48 hours of discovery.
- Do not repair or replace items yourself without prior written approval.
Damage vs. Normal Wear and Tear
| Normal Wear and Tear (Not Chargeable) | Damage (Chargeable to Tenant) |
|---|---|
| Minor scuffs on furniture | Broken furniture legs, arms, or frames |
| Slight fading of upholstery | Stains, tears, or burns on upholstery |
| Minor mattress indentation from normal use | Mattress stains, tears, or structural damage |
| Light scratches on hard floors | Deep gouges, water damage, or burns on flooring |
| Normal appliance wear (cosmetic marks) | Appliance malfunction due to misuse or neglect |
| Gradual thinning of towels and linens | Bleach stains, tears, or missing linens |
| Normal dulling of kitchen knives | Missing, broken, or chipped dishes/cookware |
| Loose doorknobs from use | Holes in walls, broken blinds, damaged doors |
Replacement Responsibility
- Tenant-caused damage: Tenant is responsible for the cost of repair or replacement (at depreciated value) of items damaged beyond normal wear and tear. Costs may be deducted from the security deposit.
- Missing items: Tenant is responsible for full replacement cost.
- Normal wear items: Month2Month replaces items that reach end-of-life through normal use.
- Appliance malfunction: If an appliance fails due to normal use or age, Month2Month is responsible for repair or replacement.
Cleaning Standards
The property must be returned in the same level of cleanliness as at move-in. Maintain the kitchen, bathrooms, floors, furniture, and linens in clean condition throughout your tenancy. If professional cleaning is required beyond what is attributable to normal wear and tear, cleaning costs may be deducted from the security deposit.
Inventory
A detailed furniture and household inventory checklist will be provided at move-in. Month2Month will document the condition of all items through photography. You will receive a copy of the move-in condition report.
12. Tenant Rights and Responsibilities
Your Rights
- Habitable Housing: Your rental unit must be maintained in a condition that does not materially affect the physical health or safety of an ordinary tenant, including functioning plumbing, heating, electricity, hot water, and structural integrity. (TX Property Code §92.052)
- Security Devices: You have the right to security devices on exterior doors and windows as required by Texas law. (TX Property Code §§92.151–92.170)
- Return of Security Deposit: Your deposit must be returned within 30 days after move-out and delivery of a forwarding address, with an itemized statement of any deductions. (TX Property Code §92.103)
- Freedom from Discrimination: You cannot be discriminated against based on race, color, religion, sex, disability, familial status, national origin, or any other characteristic protected by the Fair Housing Act or Texas Fair Housing Act. (TX Property Code §301.021)
- Freedom from Retaliation: Your landlord cannot retaliate against you for exercising your legal rights, including requesting repairs, complaining to a governmental entity, or participating in a tenant organization. A landlord who retaliates may be liable for a civil penalty of one month's rent plus $500, actual damages, court costs, and attorney's fees. (TX Property Code §92.331)
- Repairs and Maintenance: You have the right to request repairs for conditions that materially affect health or safety. If the landlord fails to make repairs within a reasonable time after proper written notice, you may exercise repair and deduct remedies or terminate the lease. (TX Property Code §92.056)
- Protection from Unlawful Lockout: Your landlord may not lock you out, change the locks, or interrupt utilities except through judicial process. A landlord who unlawfully locks out a tenant is liable for actual damages, one month's rent plus $1,000, and reasonable attorney's fees. (TX Property Code §92.0081)
- Utility Cutoff Protection: A landlord may not interrupt or cause the interruption of utility service to a tenant except for bona fide repairs, construction, or emergencies. (TX Property Code §92.008)
Your Responsibilities
- Pay rent in full and on time.
- Keep the unit clean and sanitary.
- Avoid damaging the property beyond normal wear and tear.
- Promptly report maintenance issues, leaks, mold, pests, or safety hazards.
- Allow reasonable access for repairs and inspections with proper notice.
- Comply with all lease terms including occupancy limits, pet policies, and use restrictions.
- Comply with all applicable building, housing, and health codes.
- Not engage in criminal activity on the premises.
- Use all plumbing fixtures, electrical systems, and appliances in a reasonable manner.
- Provide proper notice before moving out and return the property in clean condition.
Resources
- Texas Tenant Advisor (Texas Attorney General): www.texasattorneygeneral.gov/consumer-protection/home-real-estate-and-travel/renters-rights
- Texas State Law Library: www.sll.texas.gov
- Texas RioGrande Legal Aid: www.trla.org
- Lone Star Legal Aid: www.lonestarlegal.org
- Domestic Violence Hotline: 1-800-799-7233
- Fair Housing Hotline: 1-800-669-9777 (HUD)