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What Every McKinney Landlord Should Know About Texas Notice Requirements

For the “accidental landlord” managing a single-family home in McKinney, understanding and executing formal notice requirements is the single most critical factor in legal compliance. In Collin County, Justice of the Peace (JP) courts are strict: if your notice is defective in its timing, content, or delivery, your case will likely be dismissed, forcing you to restart the weeks-long process from scratch.

Mastering these three essential notice types—Notice to Vacate, Notice to Enter, and Security Deposit Notices—will protect your investment and ensure you maintain the upper hand in legal disputes.

1. The Foundation: The Notice to Vacate

In Texas, you cannot simply tell a tenant to “be out by Friday.” Before you can file an eviction suit (Forcible Detainer), you must serve a written Notice to Vacate according to Texas Property Code $\S 24.005$.

The Timeline

  • The Default Rule: Unless your lease specifically states a shorter or longer period, you must give the tenant at least three days’ notice to vacate before filing a lawsuit in McKinney’s Collin County JP court.
  • Counting the Days: The three-day period begins the day after the notice is delivered. For example, if you deliver it on Monday, the tenant has Tuesday, Wednesday, and Thursday to move. You can only file the lawsuit on Friday.

Delivery Methods (Strictly Enforced)

Texas law is very specific about how this notice must reach the tenant. Document your delivery carefully:

  1. Personal Delivery: Hand-deliver it to the tenant or anyone at the property age 16 or older.
  2. Affixing Inside the Door: Affix the notice to the inside of the main entry door.
  3. Mail: Send via regular mail, registered mail, or certified mail (return receipt requested).
  4. The “Outside Posting” Exception: You may only affix the notice to the outside of the door if there is no mailbox and you are prevented from entering (e.g., a dangerous animal or keyless deadbolt) AND you mail a copy by 5 p.m. that same day.

McKinney Pro-Tip: Take a time-stamped photo of the notice affixed to the door. Collin County judges often require proof of service to proceed with an eviction hearing.

2. The Right to Privacy: Notice to Enter

Unlike many states, Texas law does not have a statute requiring a 24-hour or 48-hour notice before a landlord enters a property. Instead, your rights are dictated almost entirely by your written lease agreement.

  • Check Your Lease: Most standard Texas leases (like those from the Texas Apartment Association or Texas REALTORS®) specify that the landlord may enter at reasonable times for repairs, inspections, or showings.
  • The “Quiet Enjoyment” Rule: Even without a specific statute, tenants have a common-law right to “quiet enjoyment.” This means unannounced or frequent entries for non-emergencies can be considered harassment.
  • Best Practice: Always provide at least 24 hours’ notice via text or email for routine maintenance. The only exception is a true emergency (e.g., a burst pipe or fire), where you have the right and duty to enter immediately to protect the property.

3. Ending the Tenancy: Security Deposit Notices

When a tenant moves out of your McKinney home, the clock starts on a strict 30-day deadline to handle their security deposit ($\S 92.103$).

The 30-Day Rule

You must refund the deposit or provide a written, itemized list of deductions within 30 days of the tenant surrendering the property.

Two “Get Out of Jail Free” Conditions

You are not legally obligated to return the deposit until:

  1. The tenant has officially surrendered the premises (returned keys/moved out).
  2. The tenant provides you with a written forwarding address.

Deductions vs. Wear and Tear

You can only deduct for damages—not “normal wear and tear.”

  • Deductible: Large holes in walls, broken windows, or professional pet-stain removal.
  • Not Deductible: Faded paint, minor carpet wear in high-traffic areas, or dusty blinds.

4. Summary Table of Requirements

RequirementTimeframeLegal Reference
Notice to Vacate3 Days (default)TX Prop. Code $\S 24.005$
Notice to EnterPer Lease AgreementCommon Law “Quiet Enjoyment”
Deposit Return30 DaysTX Prop. Code $\S 92.103$
Itemized DeductionsRequired for any withholdingTX Prop. Code $\S 92.104$

By adhering to these formal notice requirements, you transition from an “accidental” landlord to a professional one, ensuring your single-family investment in McKinney remains a source of income rather than a legal liability.

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The Accidental Landlord’s Guide to Tenant Screening in Arlington

For “accidental landlords” in Arlington—those who perhaps inherited a family home or kept a previous residence as an investment—the tenant screening process is your most powerful tool for risk management. In a city with a high volume of students, young professionals, and families, finding a reliable tenant is the difference between a stable income stream and a costly legal headache.

However, screening is not just about “gut feelings.” It is a highly regulated process governed by the Texas Property Code and federal Fair Housing laws. Failure to follow these rules can lead to significant fines and potential lawsuits.

1. The Legal Foundation: Mandatory Disclosures

As of 2025, Texas law has tightened requirements around transparency. Under Texas Property Code § 92.3515, you cannot simply accept an application fee and run a background check.

  • Written Selection Criteria: Before you accept an application or a fee, you must provide the applicant with a written list of your screening criteria. This should detail your requirements for:
    • Minimum Credit Score (e.g., 620+).
    • Income Requirements (the North Texas standard is typically gross monthly income of 3x the rent).
    • Rental History (e.g., no evictions in the last 7 years).
    • Criminal History (focusing on relevant, recent convictions).
  • The Acknowledgment: You must have the applicant sign a form acknowledging they received these criteria. If you deny them based on a criterion you didn’t disclose, you are legally required to refund their application fee.

2. The Four Pillars of a Professional Background Check

Relying on a single metric, like a credit score, is a common mistake. A professional-grade screening should cover four distinct areas:

StepWhat You Are Looking ForWhy It Matters
Credit ReportLate payments, high debt-to-income, and utility charge-offs.Predicts financial responsibility and the likelihood of on-time rent.
Eviction HistoryAny previous “Forcible Detainer” suits filed in Tarrant County or elsewhere.The single best predictor of future lease violations.
Criminal BackgroundConvictions related to property damage, violence, or illegal substances.Protects the safety of the neighborhood and the integrity of your property.
Employment VerificationStability in their current role and verification of the stated income.Ensures the tenant can actually afford the Arlington market’s rising costs.

3. Fair Housing in Arlington: Avoiding the “Blanket Ban” Trap

The City of Arlington actively monitors Fair Housing Compliance. One of the biggest mistakes small landlords make is using “blanket bans”—automatically rejecting anyone with a criminal record or an eviction.

  • Individual Assessments: To stay compliant with 2025 Fair Housing guidance, you should look at the nature, severity, and recency of an issue. A ten-year-old minor misdemeanor is different from a recent conviction for property destruction.
  • The Seven Protected Classes: You cannot discriminate based on race, color, religion, sex (including gender identity), national origin, disability, or familial status (having children).
  • Assistance Animals: In Arlington, as in the rest of Texas, Service Animals and Emotional Support Animals are not “pets.” You cannot deny a tenant for having one, even if you have a “no pets” policy, and you cannot charge pet fees for them.

4. The Critical Final Step: Landlord References

Don’t just call the tenant’s current landlord. If a tenant is problematic, a current landlord might give a glowing review just to get them to move out.

  • Call the Previous Landlord: The landlord from two years ago has no “skin in the game” and is more likely to give you an honest account of the tenant’s behavior, property care, and payment history.
  • Ask This Question: “Knowing what you know now, would you rent to this person again?”

5. Denying an Applicant: The Adverse Action Notice

If you deny an applicant based even partially on information found in their credit or background report, federal law (the Fair Credit Reporting Act) requires you to send them an Adverse Action Notice. This notice must provide the name of the screening company and inform the applicant of their right to dispute inaccuracies in the report.

By establishing written criteria, conducting a multi-pillar background check, and adhering to Fair Housing laws, the accidental landlord in Arlington can confidently secure a tenant who will respect the property and fulfill their financial obligations.

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The Water Leaks Mistakes Most Landlords Make in Dallas

For “accidental landlords” in Dallas, a water leak is often the start of a domino effect that can lead to catastrophic property damage, expensive mold remediation, and serious legal liabilities. In the North Texas climate—where shifting clay soils stress plumbing and “Arctic blasts” freeze pipes—water management is a non-negotiable part of property ownership.

Under the Texas Property Code § 92.052, landlords have a legal duty to repair conditions that “materially affect the physical health or safety of an ordinary tenant,” and plumbing leaks are near the top of that list. Here are the most common mistakes Dallas landlords make and how to avoid them.

1. Mistake: Treating “Small” Leaks as Low Priority

Many landlords ignore a dripping faucet or a slow-running toilet, thinking it’s just a minor nuisance.

  • The Reality: A running toilet can waste hundreds of gallons of water per day, leading to a massive Dallas Water Utilities (DWU) bill that the tenant may refuse to pay. Even worse, a slow drip under a kitchen sink can rot the cabinetry and subfloor long before it’s noticed by a tenant.
  • The Risk of Mold: In the humid Dallas environment, mold can begin to grow within 24 to 48 hours of water exposure. What started as a $150 plumbing repair can easily turn into a $5,000 mold remediation project if ignored for a week.

2. Mistake: Failing to Educate Tenants on the Main Shut-Off

Most accidental landlords assume the tenant knows how to handle a burst pipe. They don’t.

  • The Disaster Scenario: A pipe bursts during a freeze, and the tenant spends 20 minutes frantically calling you while water gushes into the living room.
  • The Fix: During move-in, physically show the tenant the main water shut-off valve (usually located in the front yard near the street or in a utility closet). Label it clearly.
  • The Lease Clause: Your lease should explicitly state that the tenant is responsible for mitigating damage by shutting off the water in the event of an emergency.

3. Mistake: Ignoring Dallas “Foundation Stress” on Pipes

Dallas is famous for its “black gumbo” clay soil, which expands and contracts significantly with the seasons. This movement is a leading cause of slab leaks and sewer line breaks.

  • Warning Signs: If your tenant reports a sudden drop in water pressure, unexplained wet spots in the yard, or a “warm spot” on the floor, do not wait. These are classic signs of a slab leak.
  • Preventative Step: Encourage your tenants to “water their foundation” during the hot, dry Dallas summers. Maintaining consistent moisture levels in the soil around the house can prevent the foundation from shifting and snapping your plumbing lines.

4. Mistake: Neglecting the HVAC Condensate Line

In the brutal Dallas summer, AC units work overtime. As they dehumidify the air, they produce gallons of water that must drain out.

  • The Clog: Algae and “sludge” frequently clog the primary condensate drain line. When this happens, the water backs up. If your emergency drain pan is rusted or the safety switch fails, that water will dump directly into your ceiling or closet.
  • The Fix: Have your HVAC technician flush the condensate line during every bi-annual tune-up. Pouring a cup of vinegar down the line once a season is a cheap way to prevent a ceiling collapse.

5. Mistake: Misunderstanding Liability for “Tenant-Caused” Leaks

Landlords often assume they aren’t responsible if a tenant causes a leak (e.g., overflowing a bathtub or a bidet installation).

  • The Legal Duty: Regardless of who is at fault, the landlord must still act to stop the water and dry the property to maintain habitability. You cannot let mold grow just because the tenant was negligent.
  • The Recovery: If the leak was caused by the tenant’s negligence, you have the right to charge them for the repairs or deduct the cost from their security deposit—but you must still fix the issue promptly to protect your asset.

6. Summary: The Landlord’s “Leak Protection” Checklist

SystemMaintenance ActionFrequency
Main Shut-offShow tenant location & verify functionalityAt Move-In
Sinks/ToiletsInspect for “silent” leaks & worn flappersEvery 6 Months
HVAC DrainFlush line with vinegar/algaecideEvery Spring/Fall
Water HeaterInspect base for rust or pooling waterAnnually
FoundationEnsure soil is hydrated to prevent pipe stressSummer Months

By moving from a reactive “fix it when it breaks” mindset to a proactive “prevent the flood” strategy, Dallas landlords can save thousands in repairs and keep their tenants safe and satisfied.