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So it is my understanding that in Texas under Texas Property Code Section 92.201, a property manager has a duty to disclose the name and either street or post office box of address of holder of record title (the owner).

I am concerned that comments in this link lack an understanding of why a tenant would want to be able to communicate with the real owner of the property and not the company they use.

https://www.texasrealestate.com/members/posts/does-a-property-manager-have-to-disclose-a-landlords-name/

I am aware as mentioned in comments in the link above that it is a matter of public record, but it is certainly due diligence for a tenant to ask for it anyways, especially since public records may only provide a name and not necessarily and address and because Texas Property Code Section 92.201 says so.

Anyway, what recourse does a tenant have if the property manager does not provide that information?

  • A strict reading of 92.201 places no burden on the property management question, only the landlord (although, as an agent shouldn't they forward your communication> I think that is worthy of a separate question). A potentially relevant question: why do you want the landlord's name and address? As the landlord has engaged a property management company, that is presumably where they would like their communications to come through (and per Texas code 92.003, the property management company is who you should serve for a lawsuit with the owner in their position of landlord anyway). – sharur May 1 at 18:48
  • So whether or not the holding company, hired this property management company to manage, well, that is not the tenants problem. The fact that the tenant needs to reach out to the true owner serves as an indicator that they need to revisit whether they hired the right management team. At what point is there a consensus for this? At the point where drug dealers run the apartment complex and the managers say, "not our problem call the cops". At what point does the actual ownership begin? If you own a place are you not responsible for who gets hurt there or surrounding area? – Daniel May 1 at 22:50
  • When does actual management begin? Otherwise, are they managing or just rent collecting? If the latter, then the language needs to change, "rent collection" companies as opposed to "property management". – Daniel May 1 at 22:51
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    Dealing with crime is not the job of a property manager, but that of the police. Evicting tenants whose criminal activity is breaching the contractual rights of other tenants is part of their job, but what do you think would happen if a manager could kick someone out on the basis of an accusation of crime, without any independent verification (like say, a police record of committing crime in the leased property...). – Nij May 2 at 0:44
  • @Nij, what about a situation where there is an independent verification, a police report to be exact, does property management also have the right not to evict in spite of independent verification? Also, what defines an accusation? Does a video or picture of the "accusation" in action still make it an accusation? How much evidence is required, if any, for breaching of contractual rights lead to any action whatsoever on the part of the property manager? So far it sounds like all the courts expect of them is to collect rent, the rest is the tenants problems. – Daniel May 2 at 1:24
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§201 says that "A landlord shall disclose to a tenant...the name and either a street or post office box address of the holder of record title, according to the deed records in the county clerks office, of the dwelling rented by the tenant"; §01 defines "Landlord" as "the owner, lessor, or sublessor of a dwelling, but does not include a manager or agent of the landlord unless the manager or agent purports to be the owner, lessor, or sublessor in an oral or written lease". Thus the owner must reveal the landlord's name and address, but the management company does not have to. For the specific purpose of process serving, §3 says who to serve – the management company if you've been given their name and address, or the management company, on-premise manager, or rent collector serving the dwelling otherwise. If the landlord (owner) does not provide the information within a week, under §202, "A landlord is liable to a tenant", which means you can sue them. §205 says what your remedies are:

(1) a court order directing the landlord to make a disclosure required by this subchapter; (2) a judgment against the landlord for an amount equal to the tenants actual costs in discovering the information required to be disclosed by this subchapter; (3) a judgment against the landlord for one months rent plus $100; (4) a judgment against the landlord for court costs and attorneys fees; and (5) unilateral termination of the lease without a court proceeding.

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  • That's sort of a catch-22, isn't it? In order to get the address of the landlord, you must contact the landlord, but to contact them you need their address. I wonder how the legislature intended this law to be used? – Nate Eldredge May 1 at 20:08
  • As pointed out by Scalia, questions of "intent" often presuppose something not in evidence. Apparently, this was in the original 1983 bill, and the historical documents don't indicate any discussion of substantive revisions. – user6726 May 1 at 20:54
  • So it seems then that reaching out to property management for that information via certified letter or otherwise is a waste of time. Best recourse is to contact the tax appraisal office in the area of said apartment complex. – Daniel May 1 at 22:56
  • @Daniel If Texas is anything like California, the owner's address will be redacted, and a holding company may own the complex. – mkennedy May 3 at 3:00
  • @mkennedy, interesting, thanks for making me aware of this. – Daniel May 4 at 1:58

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