Property Desk
Welcome to Property Desk, the official podcast of Silberman Realty, where Texas residential real estate takes center stage. Hosted by real estate broker and attorney, Phil Silberman, each episode dives into property management, brokerage insights, market trends, and practical tips for investors, homeowners, and industry pros alike.
Property Desk
Evaluating Tenants with Criminal Records, Updating TAR Leases & Custom Lease Clauses
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In this episode of The Property Desk, join Phil Silberman and Phil Chaluparambil in Episode 15 of the "Property Desk" as they navigate the legal realities of managing Texas residential rentals. They kick off the episode by breaking down compliance strategies for evaluating applicants with criminal records, contrasting mandatory 7-year lookback scopes and lifetime prohibitions against Fair Housing Act (FHA) rules on blanket exclusions. They also explore why property managers should update to the latest TAR lease rather than using one-page extension forms, highlighting recent legislative updates regarding electronic notices to vacate, tenant safety rules on tree trimming, and security deposit language. Next, they explain why requiring departing tenants to perform their own deep cleaning often backfires during security deposit disputes. Finally, they analyze Texas Property Code § 92.006 and § 92.052, exposing why lease clauses requiring tenants to pay $100 to $150 repair deductibles on health and safety conditions are illegal and unenforceable for most landlords.
⏰ Timestamps
00:00 Intro
3:57 The Hidden HUD Trap in Your Background Checks
9:28 The Lazy Lease Extension Mistake Costing Texas Landlords
12:15 Why Requiring a "Deep Clean" at Move-Out Totally Backfires on Landlords
14:27 Is Your $100 Repair Deductible Actually ILLEGAL in Texas?!
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