There are three main types of deposits involved in renting property:

• Security deposits
  • A security deposit is money you pay in advance to offset the cost of any damages to the property while you are living there.
  • You'll be expected to pay a security deposit when you first move in.
• Application deposits
  • An application deposit is money you may be asked to pay in advance at the time you complete a rental application.
  • This deposit is applied toward your security deposit if your application is approved.
  • If your application is not approved, the deposit is refundable in most cases. However, depending on the application you fill out, the deposit may not be refunded if you are accepted but decide not to move in, you fail to tell the truth on your application, or for certain other reasons.
• Pet or animal deposits
  • An animal deposit (sometimes called a pet deposit) is additional money you are asked to pay in advance to offset any damages caused by an animal during the time you are renting the property.
  • If you'll be moving in with a pet, you can expect to pay a pet or animal deposit.
  • An animal deposit is basically an additional security deposit.
  • A portion of the animal deposit may be non-refundable and used to pay for de-fleaing and cleaning your property.
• Other deposits
  • In addition to the deposits you'll be expected to pay the property owner, you may also be required to give deposits for utility services. Utility deposits may vary depending on your history of payment, expected usage and the policies of the various utility companies.

• Any charge specified in the lease or any charge resulting from your breaking the lease.
• Charges for damages, wear and tear resulting from negligence, carelessness, accident or abuse on your part. "Normal wear and tear" items cannot be deducted.
• Unpaid rent and other unpaid charges listed in your lease, such as those for late rent payment, returned checks, missing furniture or fixtures, keys you don't return to the management, etc.
• The reasonable cost of cleaning if you fail to properly clean before you leave. Many rental properties have written cleaning instructions for you to follow.

Any deduction must be listed in a written description and itemization mailed to you on or before 30 days after you leave. However, there is no obligation that you be furnished this information if you have not paid all of your rent or if you have not given your forwarding address in writing.

What happens if you are robbed, or there is a fire or other accident at your rental property? Who will pay for your damaged or lost belongings?

If you have renters insurance, your insurance should cover your losses, minus any deductible.

If you don't have insurance, you'll be responsible for replacing or repairing your property. Your personal property--your clothing, furniture, electronics, appliances, jewelry, etc.--is not covered by the apartment owner's insurance when you rent an apartment, or by a property owner's homeowner's insurance if you are renting a house or duplex.

If the property owner or his employees negligently caused the accident, you may have grounds to recover damages from the dwelling owner, but you'll need to have legal advice.

If you were responsible for the damage, you may be liable to the property owner or other residents whose property was damaged. Because of this, some properties may require you to purchase renter's insurance or personal liability insurance.

More information about renter's insurance is available from the Texas Department of Insurance.

If you're a student or you don't earn enough money to qualify for an apartment on your own, you may be asked for a guarantor--someone who will guarantee to pay your rent if you don't.

A guarantor is usually a parent or relative, but can be any adult who is willing to accept legal responsibility for fulfilling your obligations under a lease, if for any reason you do not.

Many people also choose to share expenses by having roommates

• If you'll be sharing the rent with a roommate, make sure you both understand your responsibilities.
• If you both sign the lease, each of you will be responsible for the full amount of the rent if the other does not pay.
• If your roommate moves out before the end of the lease, you'll still be responsible for all the rent.
• If you need to find another roommate to help with expenses, your new roommate will need to be approved by the property owner, and you may need to sign a new lease or a lease addendum.
• An unauthorized occupant is a person who is not a co-resident on the lease and is not listed as an occupant on the lease. These individuals are not allowed to stay in the unit beyond the specified length of time listed in the lease for visitors and are not responsible for the terms of the lease. The residents listed on the lease are responsible for any expenses the owner must incur due to actions by any unauthorized occupants, and the residents could be held liable for any damages caused by any unauthorized occupants.

When you find a place where you want to live, you'll probably be asked to fill out a rental application.

The application normally will ask for your current and past addresses, current and past employment, credit references, criminal history and other information the property owner or manager needs to make sure that you can afford to pay the rent and that you don't pose any risks to the property or the other residents.

• Application fees and application deposits
  • In most cases, you will be charged an application fee to cover the cost of processing your application: running credit checks, verifying rental histories, etc. This fee is non-refundable.
  • You may also be asked to pay an application deposit. This deposit does not become a part of your security deposit until your application is approved and the lease is signed by both parties.
  • If your application is not approved, the deposit is refundable in most cases.
  • Depending on the application you fill out, the application deposit may not be refunded if you are accepted but fail to move in, you fail to tell the truth on your application, or for certain other reasons.

If an owner in bad faith fails to timely return an application deposit, the owner may be liable for a civil penalty of $100, three times the amount of the application deposit and reasonable attorney's fees.

There is no set deadline for return of an application deposit, other than the requirements of "timeliness" and "good faith." Thirty days is the norm.

Usually, the property manager will notify you once you've been approved.

• If you have not heard from the property at the end of seven days after you've completed your rental application and given the property an application deposit, you can legally assume you've been rejected and are entitled to a return of any application deposit.
• Your application fee is not refundable.
• The seven-day timeframe is spelled out in state law. If the seventh day falls on a Saturday, Sunday or holiday, the property owner has until the end of the next business day to notify you of acceptance.

If it's broke, you'll definitely want it fixed. How should you handle repair requests?

• Make sure you understand what the property owner is required to repair or maintain, and anything you may be required to pay for or fix.
• Review the terms of your lease to see how repairs are addressed. If your lease requires a written notice, give a written notice and keep a copy for your records.
• The law requires in nearly every instance that the owner must repair security devices and conditions that materially affect the health and safety of the ordinary resident. You can be required to pay for the repair if it was caused by fault of you, your occupants or guests.
• Problems that cause discomfort or inconvenience are not covered by the statute.

No. Texas law prohibits "rent strikes" or withholding rent in order to force repairs. There are other remedies in the law to encourage property owners to make repairs.

If the lease requires the management to make repairs, inform the manager in writing and keep a dated copy.

The law requires in nearly every instance that the owner must repair security devices and conditions that materially affect the health and safety of the ordinary resident. Problems that cause discomfort or inconvenience are not covered by the statute.

• Give the manager written notice of the needed repairs, and keep a dated copy.
• If you don't receive a response within a reasonable time, re-notify the manager orally and in writing.
• If you still don't get a response, you may have legal grounds to exercise statutory rights of lease termination, compulsory repairs, damages, penalties, third-party repair and deduct, and attorney's fees.
• Instead of giving two separate written notices, you can give a single notice by certified mail, return receipt requested.

You must follow specific procedures to exercise your statutory remedies. Disregarding those procedures can expose you to a civil damages suit against you by the owner.

You may want to seek legal advice to exercise your statutory remedies (lease cancellation, compulsory repairs, etc.)

You may want to contact your city building inspector's office or county health department if you feel the condition violates state statutes or local housing codes regarding safety and sanitation.

If you plan to have a roommate or pet (or any kind of animal), you need to find out the rental property's policies before you bring Fred or Fido home.

• Roommates
  • If you'll be sharing the rent with a roommate, make sure you both understand your responsibilities.
  • If you both sign the lease, each of you will be responsible for the full amount of the rent if the other does not pay.
  • If your roommate moves out before the end of the lease, you'll still be responsible for all the rent.
  • If you need to find another roommate to help with expenses, your new roommate will need to be approved by the property owner, and you may need to sign a new lease or a lease addendum.
  • An unauthorized occupant is not considered a roommate and is not responsible for fulfilling the terms of the lease. If you move, any unauthorized occupant is not responsible for the remaining lease term and you, alone, will be required to fulfill any terms required by the owner in relinquishing your occupancy of the unit prior to the end of the lease term.
• If you have animals
  • If you have an animal, or would like to get one, check with the property first about its policies concerning animals.
  • Except for support animals for disabled individuals, properties are not required to accept pets or other animals.
  • If animals are allowed, an additional deposit is common.
  • If you keep an unauthorized animal, you'll be violating your lease and you may owe additional charges for having the animal.
  • Follow the property's rules concerning your animal or pet. Don't allow your animal to roam free, or disturb your neighbors.

More information from the Humane Society.

There's been a lot of talk about mold recently in the media. Mold is found everywhere in our environment, both indoors and outdoors and in both new and old structures. In general, most types of mold are harmless. Some types of mold may cause health-related problems for some people. However, to date there is not definitive information about the types and amount of mold accumulation that may cause a problem.

What can you do to prevent mold in your rental housing, and what should you do if you suspect mold?

Keeping your dwelling clean and promptly reporting any water leaks or other water-related problems to the property owner or management are two important steps you can take. Learn more by viewing TAA's Practical Tips for Residents Regarding Mold. (link to pdf)

More information about mold is available from the Environmental Protection Agency, the New York City Department of Health and the Texas Department of Health.

A lease is a binding legal contract, and there are very few circumstances in which you can break a lease without penalty.

Buying a home, being transferred by your employer, moving to another city, or getting a divorce does not allow you to simply walk away from a lease with no consequences. Note that there are some exceptions for military personnel and victims of domestic violence.

Unless you and the property owner agreed to some special provision when the lease was signed, you will still be responsible for any charges noted in your lease if you move out early.

Charges may include:

• a "reletting fee" (to cover the property's cost of getting the apartment leased again)
• the remainder of the rent through the end of your lease term, less any rent received from a subsequent resident.

You may have grounds to terminate your lease and move out, but that decision will likely be made in court if the property owner disagrees.

If repairs are not being made to conditions that materially affect the health and safety of the ordinary resident, and you follow the appropriate notice provisions outlined in state law, you may exercise statutory remedies that can include terminating your lease.

However, you must follow the notice procedures carefully. You may want to get legal advice before trying to use these provisions in the law.

If a crime occurs at a property, it's unfortunate for all concerned: the victim, the other residents at the property and the property owner.

Most property owners don't give any guarantees about the security of the property, and don't promise you that no crimes will occur on the property. So the owner is not likely to be in default of the lease if a crime does occur on the property.

You can certainly discuss the specific situation with the owner or management to see if they are willing to accommodate your requests, or can advise you about additional precautions you should take.

If you still want to move out, you can do so, but you will likely be responsible for any charges outlined in your lease for moving out early.

Under paragraph 23 of the TAA Lease Contract, the owner is required to allow you to move out early under certain circumstances. You may terminate your lease contract if you enlist or are drafted or commissioned into active service in the U.S. Armed Forces or are a member of the Armed Forces or reserves called to active duty AND are either:

(i) given change-of-station orders to permanently depart the local area;

(ii) deployed with a military unit or as an individual in support of a military unit for 90 days or more; or

(iii) relieved or released from active duty.

When a member of the Armed Forces terminates a lease under paragraph 23, the termination automatically terminates the lease for any spouse or dependent who may have signed it.

If, at the time of signing a lease, you already knew about the change of duty station or retirement or knew that your term of enlistment would expire prior to the end of your lease term and if you failed to inform the owner of such facts prior to signing, you are liable to the owner for liquidated damages in the amount of all rent losses that the owner may incur during the remainder of the original lease term'even though you have terminated the lease under paragraph 23.

A landlord and resident may agree in writing that the lease cannot be terminated in order for the resident and dependents to move into base housing or other housing within 30 miles of the property, unless that property is owned or rented by the resident's family or the resident has experienced a significant financial loss, which is defined by law.

If you don't pay your rent or you violate some other provision of your lease contract, the property owner may seek to have you evicted. In an eviction, the owner asks a justice of the peace court to end the resident's right to occupy the property. If you are evicted, a constable will remove your belongings and you must leave the property.

• How much notice must the property owner give you of an eviction?
  • Unless your written lease states otherwise, you must be given three days' notice of an eviction.
  • TAA Lease Contracts allow 24 hours' notice for eviction.
  • This notice is called a notice to vacate.
  • Once an eviction lawsuit has been filed in a JP court, you'll receive copies of the lawsuit papers from a constable.

These are the major steps in the eviction process:

• You'll receive a written notice to vacate from the property management.
• If your lease is in writing, it may allow this notice to be given just one day before you're asked to move out.
• If you don't have a written lease or your written lease does not state otherwise, you must be given at least three days notice.
• The property owner files an eviction lawsuit in justice of the peace court.
• A constable will serve you with lawsuit papers.
• A hearing is held in JP court (shortly after you receive a copy of the lawsuit).
• If the property owner wins, the constable will evict you, and may peacefully remove your property from your apartment.