Property Management Laws in Texas

Property management laws primarily spell out the rights and responsibilities of owners and tenants. These laws outline what to do if any legal issues come between the landlord and the tenant. Texas laws are unique to that state.

Property Management Activities

• Texas does not require a broker license to advertise properties.

  Texas laws require property management companies to be licensed real estate brokers. If the individual property manager leases or lists real estate, a broker's license is required. If the property manager only manages community associations in Texas, then the state does not require a broker's license.Property management activities that do not require a real estate broker's license in Texas include collecting rent, property maintenance, advertising vacant properties and taking care of the credit check and background of the future tenants.

Texas Eviction Process Law

• Texas law requires landlords to send a written notice.

  Texas property management laws require specific steps to evict a tenant. The first step in the eviction process is to give notice to the tenant. If the landlord accuses the tenant of not paying rent on time, the eviction process requires the landlord to provide a written notice to the tenant. The notice can be delivered in person in the presence of a witness or by certified mail. The next step is for the landlord to file a petition with the court in the county and precinct where the property is located and pay a fee, usually $72, which is subject to change. After the filing, the process goes to court. During the hearing, the landlord has to provide evidence to prove that he is authorized to repossess the property. If the landlord wins in court, and the tenant has not moved from the premises after five days, the landlord has the authority to file a writ of possession with the court. This process includes an additional fee for the landlord, usually $155, which also is subject to change. The court will order a constable to ensure that the landlord regains possession of his property.

Texas Security Deposit Law

• Security deposit must be returned to tenant in 30 days if tenant honored lease terms.

  Texas Property Code requires landlords to return a security deposit within 30 days after the tenant vacates the property if the tenant has followed the terms of the contract. The landlord has the right to deduct from the deposit a fee for unpaid charges, repairs and cleaning if the property is not in order. If the landlord keeps the full deposit, the tenant has the right to an itemized list of all the deductions the landlord charges unless the tenant owes rent to the landlord. In that case, the landlord is not required to provide an itemized list.