common asked questions about the Lease or General questions answered?

Lease

How much grace period must I be given before my rent is considered late and what are the late charges?
Your TAR lease states that rent is due and payable on the 1st of each month and is late and delinquent in not paid by the 2nd. Late charges are 10% of the monthly rent and $10 per day thereafter.

I have always paid my rent on time. Why did I receive a 3-day notice when the rent was only 6 days late?
The rent is due on the first of the month. If the rent is not posted in our office by the date stated on your lease, we serve a 3-day notice.

I am an excellent resident and take good care of the home. Can you waive my late charges?
No. We do not waive late charges. Fair Housing laws require that we treat all our residents equally. We cannot decide if one resident is more deserving than another of paying late charges, therefore we enforce late charges across the board

Do you offer direct debit to pay the rent?
We offer the availability to pay your lease payments online via credit/debit card or an e-check from your checking or savings account. You can make a one-time payment or sign up to have your payments automatically withdrawn each month at www.terrapointpropertymanagement.com. It’s that easy! No more hassle and no more late payments.

Can I pay the rent in cash?
No. According to the TAR lease agreement, we do not accept cash.

I would like to know exactly when, how much and how often a rental increase can be given. Also, is there a ceiling on the amount of any given increase? If so, what is the highest amount?
Under the terms of the TAR lease, no rental increases can be given until the initial lease term has expired. After the lease has expired, an increase of any amount can be assessed. (The state of Texas does not have rent control) We feel we are reasonable with our increases, depending on market conditions and the owner’s requests.

How do I request maintenance for a repair?
According to the TAR lease agreement repair request are required to be put in writing. The best way to report a problem and request maintenance is through our website. If you do not have internet access, the request can dropped off or mailed to our office. The Landlord is not obligated to complete a repair on a day other than a business day unless required to do so by the Property Code.

Do you have an emergency repair line?
Yes we do. The emergency number is 713.409.7649. According to TAR lease agreement an emergency is something related to the condition of the Property that materially affects the physical health or safety of an ordinary tenant, ordinarily, a repair to the heating and air conditioning system is not an emergency. Do not use the emergency number to report non-emergency repairs.

What is considered an emergency?
The following are examples of maintenance emergencies. The main sewer line is backed up. A pipe broke and water is leaking into the home. There was a break-in and you have an unsecured entrance to the home. After hours call 713.409-7649. If it is after 6:00 p.m. and before 9:00 a.m. and the call is not an emergency, you could be charged for the call.

Can I be charged for maintenance at the property?
Yes, if resident damage or neglect causes the maintenance, you will be charged for it. Also, you can be billed for a service call if you miss an appointment with one of our maintenance contractors. Also according to your TAR Lease Agreement tenants will pay the first $75 of the cost to repair each condition in the need of repair except the items that are executed by the lease agreement.

Can I stop paying rent until a repair is made?
Only If Landlord fails to repair a condition that materially affects the physical health or safety of an ordinary tenant as required by this lease or the Property Code, Tenants may be entitled to exercise remedies under the Texas Property Code. Do not exercise these remedies without consulting an attorney. Failure to strictly follow the procedures in the applicable sections of the Property Code will cause Tenants to be in default of the lease agreement and tenants can be evicted for wrongfully with holding rent.

What if I have a problem that I can’t seem to get resolved?
First you must work with our property management department to get your problem resolved. If you are unable to get your problem resolved please email me your request at brent@terrapointrealty.com and I will look into the situation.

We understand that from time to time tenants have financial difficulties, health problems or other emergencies. Although we sympathize with the situation, we are legally bound to follow the lease agreement. Please do not place us in the difficult position of denying a request for an exception to the lease agreement because we cannot grant an exception. Thank you in advance for your cooperation.

Can the management or management representatives, such as repair and or maintenance people enter my home when I am not at home?
There are a number of reasons why property managers or maintenance staff may need to enter your home, and it could be very inconvenient for you if you always had to be home and available when these circumstances arose. According to TAR lease Landlord or anyone authorized by Landlord will attempt to first contact the Tenant, but may enter the Property at reasonable times without notice to make repairs or to show the Property to prospective tenants or buyers, inspectors, fire marshals, lenders, appraisers, or insurance agents. Additionally, Landlord or anyone authorized by Landlord may peacefully enter the Property at reasonable times without first attempting to contact Tenant and without notice to:

survey or review the Property’s condition and take photographs to document the condition
emergency repairs
exercise a contractual or statutory lien
leave written notices
seize nonexempt property if Tenant is in default.
Do I need to get renters insurance?
It is required that you purchase renters insurance to cover any of your personal property and any personal liability loss in case of accidents.

How do I obtain mailbox keys?
Each property is different. Usually you will need to the visit the U.S. Post Office nearest to the property to obtain keys.

What if I lose my keys or I am locked out of the property?
In some cases, we have a duplicate set of keys available in the office. We will only release keys during normal business hours to persons listed on the lease and identification is required. If we have to bring a key out to you there will be a $55 trip charge. If you lock yourself out after hours you will need to contact a locksmith at your expense. The property must remain on our key system.

Whose responsibility is it to take care of the lawn?
Unless otherwise stated in your lease it is your responsibility to take care of the lawn, which includes watering it on a regular basis. If you let the grass die, you may be responsible to re sod the yard.

Can I install extra telephone lines?
Generally yes. However, you must also obtain written permission from the property manager to do this. All costs of installing extra phone lines are the responsibility of the resident

How long can my guests stay?
Consult your lease, it will address how long a guest can stay. If you wish to have a guest or guest stay for longer, you must have approval from the office.

Can I get a roommate later on?
You may be able to have a roommate, but first they have to be approved through the office. We must know who is occupying the property. The roommate must fill out our rental application, pay a $50.00 application fee and be submitted for approval by Terra Point Realty. Tenant(s) must abide by the decision of Terra Point Realty, whether another person or persons can be added to the Rental/Lease Agreement. Failure to fulfill the above mentioned requirements may result in termination of your lease.

What happens if my roommate moves out before the end of the lease?
If your roommate moves out, a written notice needs to be submitted to the property manager. Remember that tenants are jointly and singularly liable to ensure that the rent is paid. You must have written permission from the property manager to substitute a roommate. (It is not the responsibility of Terra Point Realty to arbitrate or mediate problems with multiple tenant situations.)

What happens to the disposition of a roommate’s security deposit after move-out?
Security deposits are collected as “security” for the property. Reimbursements to departing roommates are handled by the remaining tenants. No portion of the security deposit will be refunded individually.

Can I get a pet after move-in?
Not usually. For more information, please refer to your rental agreement or contact your property manager.

Can I get an additional pet?
Generally you are not allowed a pet or a additional pet after you move in. For more information, please refer to your rental agreement or contact your property manager.

Can I paint the walls another color?
Requests to paint the walls a different color must be in writing and requires the owner’s consent.

Also you will need to let us know which wall or rooms and we will require an additional deposit which is refundable if the wall or rooms are restored to the original color unless you have approval from the office that you do not need to restore the paint.

What if I want a garage door opener and the property doesn’t currently have one?
You may submit a written request to have the owner install a garage door opener. If the owner is not willing to pay for such, you may purchase a garage door opener and our authorized contractors will install it at your expense if we have the owner’s consent.

Can I change the locks?
No! You cannot change the locks yourself. Re-keying the property without our permission is a serious lease violation and against the law in Texas. Texas Law specifically forbids the tenants from locking out the landlord and the Courts & Judges are not sympathetic to tenants who lock out the landlord.

All notices or requests by Tenant for rekeying, changing, installing, repairing, or replacing security devices must be in writing. Installation of additional security devices or additional rekeying or replacement of security devices desired by Tenant will be paid by the Tenant in advance and must be installed only by contractors authorized by our office.

What if I need to get out of my lease? Can I sublet?
It is our primary responsibility to act in the best interest of the property owner at all times. We understand that there are extenuating circumstances which may prevent a resident from fulfilling the term of their lease agreement. If you find that you are not able to fulfill the term of your lease agreement, please contact our office to discuss the situation as soon as possible. We do not allow subletting under any circumstances without our consent. All applicants will be required to qualify according to our normal standards and there may be a fee associated with subletting provided it is at our consent.

Can I still be held liable for my lease if I am being transferred by my job?
Yes. Unless you have a transfer clause in you lease, you can be liable for the remainder of the rent through the end of your lease or until the home is rented to another occupant.

Is there a military clause?
Yes. According to the TAR lease agreement if Tenant is or becomes a service member or a dependent of a service member, Tenant may terminate this lease by delivering to Landlord a written notice of termination and a copy of an appropriate government document providing evidence of:

entrance into military service;
military orders for a permanent change of station (PCS); or
military orders to deploy with a military unit for not less than 90 days.
Termination is effective on the 30th day after the first date on which the next rental payment is due after the date on which the notice is delivered. Section 92.017, Property Code governs the rights and obligations of the parties under this paragraph.

Does my lease automatically renew on a month to month basis when it is up?
Yes. If you do not answer our attempt at renewal of the lease your lease automatically renews on a month to month basis at the higher rate posted in the renewal notice.

Do I have to give a written notice to vacate even if it is at the end of my lease?
Yes. The lease agreement stipulates a written notice of intent to vacate which must be in our office 30 days prior to the end of the lease term. You can find the 30-Day Notice to move-out form under the Tenants Documents on this website.

Do I have to give a written notice to vacate if I am on a month to month basis?
Yes. The lease agreement stipulates a written notice of intent to vacate which must be in our office 30 days prior to the date you intend to vacate the property. You can find the move-out form, under the Tenants Documents on this website.

What if I need a few extra days to move out when the lease is up?
We understand things do not always go as planned. Please contact our office as early as possible so that we may, adjust the date available for prospective tenants and be prepared to pay prorated rent in advance for the extra days you plan to remain in the property. If we already have new tenants or the owner is scheduled to move in we may not be able to extend your lease. Then you will need to be out of the property on you original move out date.

If I renew my lease, does the rent go up automatically?
No, we do not automatically raise the rent. It may be necessary to raise the rent somewhat in accordance with the rental market and or at the request of the property owner.

When do I get my security deposit back?
We normally mail the deposit to the forwarding address you leave at our office less any charges incurred within 30 days of the last day you occupied the property.

Is my pet deposit refundable?
No, all pet deposit are non-refundable.