Introduction
There are various state laws in Texas which govern the relationship between landlords and tenants. The relationship is regulated by several statues which include previous court rulings and Chapter 92 of Texas Property Code (Manning &Mathis, 2014). The rental agreement provides for the specific terms and conditions and can be written or oral. Although most landlords prefer oral contracts, it is important for tenants to consider the terms before signing. In case of any changes, the laws require for proper communication and involvement of both parties in amending the agreement.
Strengths and weaknesses of the laws
Regarding oral leases, there are various disadvantages that both parties are likely to encounter. If there occurs a misunderstanding, it is difficult to determine the integrity of a claim by either party. This is because of lack of evidence on the terms of the lease on issues such as payment dates and landlord duties. Such disputes include repairs of broken appliances and can be hard to solve with each party throwing the blame on the other. Additionally, either party can easily seek to change the terms of agreement to fit their needs. Therefore, the person fails to act in good faith due to the lack of a written contract to draw details from. In such situations, it becomes difficult to determine the case on issues such as the length of the leasing period in case the tenant wants to relocate. These limitations necessitate the need to have a written form of reference on the terms of the relationship between the two parties (Durst, 2014).
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The written leases are quite flawed as they bind the tenant to the premises for the stated period. This limits the relocation of tenants even when they may have genuine reasons such as change of workplace or other personal reasons. Therefore, tenants are legally advised to request for the lease to be written according to their intended period of stay, even when it is a short period. Tenants can further include provisions such as relocation under specific circumstances during the signing. This also applies when the tenant intends to buy the house at the end of the leasing period. There are several civic penalties for the violation of agreements for either party.
On the contrary, the leases are advantageous in many ways. For instance, oral leases are flexible and can be modified on short notice. Such occurrences include when the tenant wishes to relocate before the end of the agreed leasing period. Besides, the landlord can also offer a notice to the tenant to vacant the premises. The law provides that the tenant should be granted 30 days before any action can be taken against them if they fail to vacate. Also, the leases are simpler to understand when compared to the written leases. Tenants are thus able to evaluate the kind of agreements they are getting into (Columbia Electronic Encyclopedia, 2016).
Written leases reduce uncertainties and bring clarity in case of future conflicts. The amount of rent payable cannot be increased in the course of the lease. The responsibilities of each party are spelled out and hence can be used as a form of reference. Besides, they can be utilized as evidence in court in case of a lawsuit. Written leases are desirable since they create room for negotiation of the original terms. They provide limited interpretation and hence more secure for tenants to acquire.
Doe the laws favor the tenants or the landlord?
The section 8 program of the Property Code Chapter 91 (Manning & Mathis 2014) favors the tenants in several ways. The Public Housing Authority carries out frequent inspections on the premises. The inspections are conducted on an annual basis to check for the health and safety standards based on sanitary, water, lead-based paints and electrical systems. Such inspections give the landlords a list of items to fix and ensure the security of tenants. Also, the program only provides for the payment of monthly rent. The landlord covers other expenses such as security. Besides, the section provides for a maximum amount of rent that the tenants are liable to pay. The amount is calculated by the Fair Market Rent (Manning & Mathis, 2014) and thus protects the tenants from exploitation and manipulation by landlords.
Examine the public policy behind the laws
The rights of the tenants in Texas are regulated by the public policy that ensures their safety and quality of stay in the premises. The tenants are entitled to quiet enjoyment, and thus the landlord cannot evict them without outlining the reasons. If other tenants are disturbing, the tenant has the right to file a complaint to the landlord. The landlord is obliged to protect the tenants from harmful behavior. The utilities of a tenant such as water, sanitary and electrical systems should not be interrupted unless under specified circumstances. Such situations may include emergency, repairs, and construction, under which the tenant should be informed.
Public policy also preserves the safety and health of the tenants. Under Texas law, the rental agreement offers assurance that the premise is good for tenants to live in. Tenants are allowed to authorize the landlords to provide remedies and repairs as long as the cost does not exceed 10,000 US dollars (Banna et al., 2016). However, the law does not provide for the repair of damages caused by guests due to accident and negligence. More so, the premises should be equipped with window latches, sliding door pin locks, door viewers and other security measures. The devices are installed and repaired under at the landlord’s expense.
Why should the society support landlord rights
It is important for the society to acknowledge the role of landlords in the society and thus support their rights. Landlords have the right to own property, and thus in case of damages caused by tenants, they should file for compensation. Besides, the eviction of disturbing tenants favors the society since they can enjoy a peaceful environment. Supporting landlord rights also creates smooth co-existence in the society with minimal conflicts. The society should acknowledge that rental houses are a form of investment and hence a source of income that commands support.
Why should the society support tenant rights
Tenants are human and hence should be accorded respect for their rights to safety and health standards. The society should support their rights to promote cohesion among the tenants and also with the landlords. Protection of the rights to expression ensures that social evils such as physical abuse are not left unattended (Durst, 2014). Also, support of the rights preserves lives in the society through fixing of defective systems such as electricity which can be fatal. Besides, it promotes homeliness of rental houses and provides comfort during the stay.
Conclusion
The State of Texas acknowledges and protects the rights of both landlords and tenants. However, under section 8, the program tends to favor the tenants as compared to landlords. Both parties should seek written forms of agreement to provide reference and evidence in case of future misunderstandings. The public policy provides for the preservation of high standards of health and safety for tenants while living in the premises (Durst, 2014). Besides, each person in society has a role to play in ensuring social integration. Each party should acknowledge and respect the rights of the other to ensure co-existence.
References
Banna, G., Oberdorfer, E., Gurjal, T., & HSU, J. (2016). Housing rules: A Review of the 2016 HUD Regulations. Journal Of Housing & Community Development , 73 (6), 6-14.
Durst, N. J. (2014). Landlords and Tenants in Informal ‘Colonia’ Settlements in Texas. Housing Studies , 29 (2), 198-214.
Manning, B. R., & Mathis, D. B. (2014). The Accommodation Doctrine in Texas (and Elsewhere). Energy Litigation Journal , 13 (2), 2-7.
Texas. (2016). Columbia Electronic Encyclopedia, 6th Edition , 1-5.
