How long does an Apartment have to either Accept or Reject my Apartment Application?

 

In Texas, the law stipulates that unless notified of acceptance, a rental applicant will be presumed to be rejected at the end of the seventh day after the owner receives a completed rental application. 

If the seventh day falls on a weekend or holiday, the deadline for notifying an applicant of acceptance is extended until the end of the next business day.

It’s important for applicants to be aware of this timeline to manage their expectations and plan accordingly. 

Can I appeal the Application Denial - Yes, and it often works, especially if you omitted information!

 

Can I appeal the Application denial so the they will reconsider me?

If your rental application for an apartment has been denied, you can write an appeal letter to ask the landlord to reconsider.

It is easy to do and if you omitted information, I highly suggest you write one. Here’s how to do it:

Content of Appeal Letter

Recognize the Causes

Examine the letter of denial you received with great care. It ought to detail the precise grounds for the rejection. Inadequate income, problems with credit history, missing information, or the findings of background checks are typical causes. Decide what information you want to include in your letter of appeal.

Content of Appeal Letter

Introduction: Communicate in a courteous and formal manner to begin. Name, apartment you applied for, and the rejection date should all be mentioned.

Causes of Refusal: Provide an easily understood rationale for reconsideration addressing their causes of refusal.

          Extra Details:

o   Give them any pertinent facts that could influence their choice. As an illustration, if your income was insufficient, please provide pay stubs or other documentation.

o   If you don't have a formal rental history, mention that this is your first apartment and offer recommendations from unofficial past landlords.

o   Kindly Request: Kindly ask that the landlord reevaluate your application.

Details of Contact:

o   Give your contact information.

o   When: Within a week of receiving the denial notice, send the appeal letter.

o   Before mailing the unit, make sure it is still available.

o   To guarantee receipt, send letters certified.

o   If you don't hear back from them within 48 hours, send another email.

Remember that the Fair Housing Act prohibits landlords from turning down applications on the grounds of race, sex, gender, national origin, color, disability, or familial status. You can register a complaint with the Department of Housing and Urban Development. if you think prejudice, was a factor.

I hope your appeal goes well!

Can apartment deny me for Criminal or Rental History Issues?

Image above 8300660 © Meysam Rezvani Abkenari | Dreamstime.com

 

Yes, apartments can deny you legally for the applicant’s criminal history, previous rental history, current income, or credit history. 

But they should have provided you with their tenant selection criteria before you applied.

In Texas, landlords are required by law to provide applicants with a written explanation of their Resident or Rental Selection Criteria. This includes any reasons why an application might be denied. Valid reasons for denial can include the applicant’s criminal history, previous rental history, current income, or credit history. If a landlord fails to provide this written explanation, they may be required to refund any application fees¹.

 

Additionally, landlords should ask applicants to sign a form acknowledging that they have received and understood the tenant selection criteria. The law ensures that an applicant’s right to understand a landlord’s selection criteria cannot be revoked under any circumstances¹.

 

If you have been denied an apartment and have not received a reason, you may want to request this information from the landlord or property management company. If they do not comply, they could be in violation of Texas law¹

 

Landlords in Texas are legally obligated to furnish prospective tenants with a documented description of their tenant selection standards (also called Rental Criteria or Resident Criteria). This covers any potential grounds for denial of an application. The applicant's criminal history, past rental history, present income, or credit history are all acceptable grounds for rejection. A landlord might have to reimburse any application expenses if they don't give this documented justification¹.

Landlords should also request that potential tenants sign a document attesting to their receipt and comprehension of the tenant selection criteria. The law makes sure that an applicant is never denied the opportunity to learn about a landlord's selection criteria¹.

You might wish to ask the landlord or property management firm for this information if you were turned down for an apartment and haven't been given a reason. They may be breaking Texas law if they don't cooperate.

For more information, see the Texas State Attorney General’s web page and read the Rental Rights section. Remember, John is a Real Estate Broker and not an attorney and this is real estate advice, not legal advice.

¹ Texas Property Code §92.3515

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The Texas Triangle

"The Texas Triangle" also known as the TEX-A-PLEX

We all know that Texas is a vast state, but most people are unaware of "The Texas Triangle," also known as the TEX-A-PLEX!

Austin, Dallas-Fort Worth, Houston, and San Antonio form a triangle region that is undergoing unprecedented expansion. In 2020, the Texas Triangle's population was almost 21 million. The Texas Triangle is home to more than 70% of all Texans and includes five of the country's 20 largest cities: Dallas, Fort Worth, Austin, Houston, and San Antonio.

Did you know:

µ µ  The Dallas Fort Worth International Airport (DFW) is larger than all of Manhattan.

µ µ  The The University of Texas at Austin is the third largest landowner in the US.

µµ  San Antonio is larger than New York City and Detroit combined.

µ µ  Houston has a higher population than Colorado and 34 other states.

µ µ  Texas has four of the top ten SMSAs (metropolitan statistical areas according to the US Census Department).

µ µ  Texas is the biggest exporter of goods in the US.

µµ  Dallas has the fourth most billionaires in the world.

µ µ  Houston boasts over 5,000 energy-related enterprises and is the energy capital of the world.

µ µ  The Texas Medical Center is the world's largest, located in Houston.

µ µ  Texas accounts for 25% of the total retail space in the United States

µ µ  Austin is the live music center of the world, hosting South By Southwest, Austin City Limits, and the Moody Theater.

µ µ  The Tex-A-Plex hosts 12 professional sports teams.

µ µ  The Texas economy is booming, with Dallas leading the way by far. Last year, the state added 650,100 new employments, more than any other state and double its historical average. That equates to more than 50,000 new employment per month, or 2,000 new jobs per day for the whole year.

µ µ  No state income tax!

µ µ  The Tex-a-Plex boasts over 50 Fortune 500 corporations and more Fortune 1000 companies than any other state.

µ µ  Texas has the world's ninth largest economy by GDP, ahead of Canada, South Korea, Russia, and Australia, at 2.4 trillion!

µµ  Texas offers 159 institutions and colleges, including 6 medical schools, to help you prepare for a successful career.

µ  In the fall of 2023, Texas A&M University will have an enrollment of 77,491, making it the largest student body in the United States! There are also plans to increase the student body to more than 100,000 in the next years. 

I cover the entire Tex-A-Plex and can find you an apartment even if you have Criminal or Rental History Issues, like a Broken Lease or Eviction!

The Texas Eviction Process - Part 2 of 2

 

Illustration 49994529 © Pablo Fernandez Rivera | Dreamstime.com

There is an official process that landlords have to follow before they can start 

evicting renters. for example, they could pay the rent or fix the violations.

The renter has three days to do what they're supposed to do after breaking the 

lease or not paying rent. If they don't, the owner can start the eviction process.

Detainer Suit: If the tenant doesn't leave after being given notice, the owner 

files an eviction suit, which is also known as a forcible entry and detainer claim.

Some types of evictions in Texas are against the law:

The landlord could be fined one month's rent plus $1,000 if they are found guilty. 

They would also have to pay for any real damages, costs, and civil fines.

• Change the locks,
• Take the renters' things 
• Use force  - ways that some landlords get rid of tenants ("self-help" evictions).

There may be different rules about how to remove someone in each county, so 

make sure you know what to do in yours.

During the removal process, tenants and landlords should keep careful records 

and follow the law.

When talking to your lawyer or legal aid, you should trust what they say. However,

your property manager may tell you it isn't necessary for you to attend the 

Eviction court case -- remember, at this point, apartment management is not 

looking after your interests THEY WANT YOU OUT. Therefore, I advise my clients 

to always attend the court session to give your side of the story.

An eviction has serious impact to your credit, credit rating and ability to rent; 

avoid an eviction at all costs.

© 2024, 24x7 Apartment Find. All Rights Reserved. This is information about real estate issues, not legal information. Talk to a 

lawyer or legal aid if you need legal help. John is Texas Real Estate Broker (TX#0573534).

The Texas Eviction Process - Part 1 of 2

 

1Illustration 50086516 © Pablo Fernandez Rivera | Dreamstime.com

In Texas, there are official steps and rules that must be followed in order to kick someone out of their apartment. Here are the most important parts of Texas eviction process:

Law says that renters can't be forced to leave their homes without a good reason. Legal reasons to kick someone out are:

Tenants who don't pay their rent on time have three days to leave the property if they don't pay their rent. The owner has the right to sue them to get them to leave if they don't within this time.

End of the Lease or No Lease: They have to give one month's notice to move out if they are a "tenant at will" or a "holdover tenant" who stays on the property after the lease is over. If a tenant breaks the terms of their lease, they can be kicked out. If you break the lease, you might do something illegal, have dogs without permission, make other renters unhappy, or not keep the place clean.

See The Texas Eviction Process - Part 2 of 2

How to determine when a new tenant moves in to your old apartment unit

This is mostly relevant to you if you have to break your lease. Unless the transfer is due to military orders or verified health and safety concerns, most apartment complexes will charge you for the remaining months' rent plus damages on your credit record.

However, the state of Texas law specifies that you are solely accountable for damages and the amount of time the apartment is vacant, so when a new person moves into your old place, you will not be penalized.

This raises the question of how to calculate this so that you can challenge, what could be, a high debt.

1. You can certainly contact the housing complex, but they may not respond.

2. You can contact your energy supplier, not necessarily the one who supplied your electricity, but the organization that owns the wires - the transmission provider. They can let you know when the electricity was transferred to the new tenant.

Try not to breach a lease, however it may be necessary on occasion. Everyone understands this. You should limit the financial damage by just paying what is genuinely owed. 

For further information, visit the Texas Attorney General's website and read the articles on Renters Rights. They can also assist you.