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Key proposed changes to the TAA Lease Contract

Synopsis

The TAA Board of Directors will consider changes to the TAA Lease Contract later this month. When approved, the changes will be incorporated as of January 1, 2020.


Key takeaways:

  • Lease revisions under consideration by the TAA Board of Directors include revised late fees language in paragraph 6, along with some clean up changes in other sections of the lease to reduce confusion.
  • Changes proposed in Paragraph 21 allow booting of vehicles and clarify provisions on towing when an unauthorized vehicle is parked in a reserved parking spot.
  • Other changes relate to disclosure of data to provide more discretion in using resident and lease information.
  • Revised leases will be available in TAA Click & Lease and in printed form in January, 2020.

On October 25, the Texas Apartment Association Board of Directors will consider changes to TAA’s leases and related forms. The approved lease form and related addenda will be released for use in the TAA Click & Lease Program on January 1, 2020. Printed forms will be available through local associations in January.

Here are some key lease form changes the Board will consider

  1. Dates. Removing the “Date of Lease Contract” at the top of Page 1 and modifying the date at the bottom of Page 8 to make clear that it refers to when the Lease was executed.
  2. Payment locations. Allowing owners to choose more than one location where payment should be made in Paragraph 6 “Rent and Charges.”
  3. Late Fees. TAA released a revised lease through the TAA Click & Lease Program on August 28 which reflected the recent changes in the late fees law. The Board will consider additional changes to Paragraph 6 of the TAA Lease to further improve and simplify the related lease provisions. For more information, please visit TAA.org for additional resources and consult the attorney of your choice to ensure your late fees are in compliance with the new law.
  4. Data. Changes to Paragraph 18 make it clear that an owner may, but is not obligated to, share or transfer information relating to the lease for business or governmental purposes.
  5. Towing & Booting. Paragraph 21 will give the management the right to tow or boot an unauthorized or illegally parked vehicle, and defines what that means, including a clarification that someone parking in another resident’s reserved spot is unauthorized. There are additional statutory requirements for the booting of vehicles, so carefully review the chart in TAA’s REDBOOK entitled “Towing Restrictions and Requirements.”
  6. Notice of Termination for Disaster or Catastrophic Loss. If a community suffers significant damage due to a natural disaster or catastrophe, owners may unilaterally terminate the lease by providing notice to the resident and giving them a certain number of days to move out so that the property can be repaired as quickly as possible. This provision in the lease is being changed to make the date of effective lease termination at least seven days after the date of the notice of termination, compared to the current five-day notice.
  7. Responsibilities upon eviction. Paragraph 32 (“Default by Resident”) addresses available remedies when residents default, and highlights the process owners must follow to end the resident’s right of occupancy and file an eviction suit. Language currently in Paragraph 40 (“Security Deposit Deductions and Other Charges”) describing charges residents may be responsible for, like for the lawful removal of any animal or in any eviction proceeding against the resident, is being moved from Paragraph 40 to Paragraph 32.5 near the other provisions relating to defaulting residents.

In addition to the revised forms released in TAA Click & Lease, revised versions of printed leases and other select forms will also be available from your local association beginning January 1, 2020. If you have any questions about forms revisions or how you can access revised forms, please contact communications@taa.org.

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