A rental unit without a certificate of occupancy is illegal. Without a certificate, the landlord cannot collect rent. So you need to lawyer up and possibly withhold rent for both issues.
In Texas, property managers must comply with Texas Real Estate Commission rules and the Real Estate Licensing Act. If you operate a property management business in Texas, here's what you need to know about the state's licensing and registration requirements.
Ing to Texas law, the primary business activities of a property management company are considered the same as a real estate business. For instance, if your company lists, rents, negotiates, collects rent, or places a tenant in Texas, your business will need a real estate broker license.
1. Check Local Requirements for Landlord License. In the state of Texas, getting a landlord license is not required. However, many of the local jurisdictions may require a license, so it is best to check first.
Someone who conducts real estate brokerage activity without a license, as well as a broker or sales agent who employs that unlicensed individual, commits a Class A misdemeanor, which is a fine up to $4,000 or confinement in jail for a term up to one year, or both.
In Texas, an unlicensed property manager can oversee the properties' operations and primary management duties, including collecting rent and coordinating upkeep. They cannot, however, take part in leasing activities themselves or manage others who do.
The short-term rental regulations in San Antonio, Texas require all short-term rentals located within the city limits to obtain a Short Term Rental permit to operate legally. These permits can be obtained through the City's Development Services Department.
At the bare minimum, a rental agreement or lease should identify the leased property, state the names of all parties to the lease, the names of all occupants, the beginning date, when the contract expires, the amount of rent, when rent is due, when rent is late, and what happens if the tenant stays in the property ...