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Market Perspectives Blog Post

Essential Lease Prohibitions Every Texas Landlord Should Know

The Texas Association of Realtors (TAR) Standard Lease includes specific prohibitions that help protect both the tenant and landlord while ensuring the property is maintained properly and legally. These clauses are commonly found in most residential leases across Texas, and they are particularly important for ensuring that tenants use the property responsibly.

Here are the key prohibitions typically found in a standard TAR lease:

  • Spa, Hot Tub, Above-ground Pools, Trampolines: Tenants are prohibited from installing these items unless explicitly authorized by the lease. These items can present safety hazards, raise insurance premiums, or cause damage to the property.
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  • Items Affecting Insurance: Anything that might suspend, cancel, or increase the cost of the landlord’s insurance coverage is also prohibited.

 

  • Nuisance, Offensive, or Dangerous Activities: Tenants are not allowed to engage in activities that are considered a nuisance, noisy, dangerous, or offensive to the landlord or other tenants in the community.
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  • Vehicle Repair: The lease prohibits the repair of any vehicles on the property. This includes major mechanical work, which could potentially damage the property or create unsightly conditions.
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  • Business Operations: Tenants may not use the property to run any type of business, including but not limited to child care, without prior written consent from the landlord.
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  • Violation of Zoning, HOA Rules, or Restrictive Covenants: Any activity that violates local zoning laws, homeowners’ association (HOA) rules, or any restrictive covenants associated with the property is prohibited.
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  • Illegal Activities: The lease explicitly prohibits any illegal activity, including the planting, growing, consuming, or distributing cannabis or other controlled substances.
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  • Obstruction or Interference: Tenants must not engage in activities that interfere with the rights of others or obstruct access to or from the property.
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  • Prohibition on Short-Term Rentals: The lease includes a prohibition on listing or renting the property on short-term rental platforms like Airbnb, VRBO, and others. This helps the landlord maintain control over who is occupying the property and prevents frequent turnover or disruption in the neighborhood.

 

Why These Prohibitions Matter
  • Insurance: Some of the listed items and activities could increase the landlord’s insurance premiums or violate insurance policies, which is why these prohibitions are in place.
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  • Safety and Liability: Items like trampolines, hot tubs, or above-ground pools pose potential risks of injury, which could lead to legal liabilities for the landlord.
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  • Neighborhood Impact: The rules about nuisance activities, vehicle repairs, and business operations are in place to maintain peace and order in the community, ensuring that no tenant’s actions disturb the quality of life for others.
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  • Legal Compliance: Prohibiting illegal activities and violations of zoning laws or HOA rules helps tenants stay compliant with local regulations, avoiding potential fines or penalties.
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By adhering to the prohibitions in a standard Texas lease, both tenants and landlords can ensure a smooth, mutually beneficial rental experience. Tenants should be familiar with these terms to avoid inadvertently violating the lease and facing penalties. If there’s ever any uncertainty about what’s allowed, it’s best to consult the landlord or a legal advisor.

At Adam Timothy Group, we understand the complexities and responsibilities that come with being a landlord. If you ever need assistance navigating your lease agreements, understanding the prohibitions, or managing your rental properties, we are here to help. Whether you are a new landlord or have years of experience, our team offers expert guidance tailored to your needs.

Be sure to explore our Landlord Resource Center for additional articles and insights to help you make informed decisions and manage your rental properties with confidence. Visit our Landlord Resource Center for more resources.

If you have any questions or need personalized advice, don’t hesitate to reach out to us. At Adam Timothy Group, we prioritize building strong, lasting relationships with our clients, and we’re here to support you every step of the way.

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Timothy Powles and Adam Stanley work together on the Adam Timothy Group at Compass RA and manage AT Real Estate Group LLC, a rental and vacation property investment business. We are about building community. We believe a real estate transaction is an important and extremely significant event but relationships last a lifetime. Our clients, partners, and friends trust us to get to know their story and what is most important to them.  And we work tirelessly to retain that trust.

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