Texas landlord duties and selling with a tenant in place
Selling a Lofts on Post Oak Condo Now or Leasing It First
Updated November 2026
Should I sell my Lofts on Post Oak condo now, or rent it out first and sell it later?
As of November 2026, a Lofts on Post Oak home leased first and sold later, with a tenant in place, sells under the Texas Real Estate Commission's lease addendum.
Claudette Callebs, Lofts on Post Oak
Source: Texas Real Estate Commission, form listing for the Addendum Regarding Residential Leases, February 2023.
How is a Lofts on Post Oak home priced if it goes on the market now?
A sale now starts from the closed sales of homes nearest yours in living area. On the county's 2026 roll, homes here run from 685 to 2,747 square feet, and 177 of the 350 are under 1,000. A recent sale close to your size is likely on the record.
Each of those sales is then adjusted for floor, outlook, the walk to a pool or the parking, and how current the kitchen and bathrooms are. The county roll leaves out whether a home sits in the eight-story tower or the four-story mid-rise. The listing, the floor plan or a visit settles that for each comparable.
The timeframe comes from the building's own pace. 18 homes sold in the twelve months to November 2026, and the median one went under contract in 69 days. That median counts only homes that sold, so it guides pace rather than promising a date. With 12.7 months of inventory as of November 2026, the same-size homes listed beside yours are what a buyer weighs your price against.
A sale now also puts the association package on the calendar. Section 82.157 of the Texas Property Code sets the order. A seller other than the declarant hands the buyer the declaration, the bylaws, the rules and a resale certificate before a contract. The certificate can be no more than three months old on arrival, and the association has ten days from a written request to produce it.
What does leasing first involve at Lofts on Post Oak?
Leasing first begins with the association's leasing cap. Rise Association Management Group, the managing agent, says in a case study on its website that it brought the building into compliance with that cap. By the managing agent's account, the share of homes leased fell from 44 percent to 35 percent in the two years after it took over in 2019.
Rise does not publish the limit itself, which is written in the declaration and the association rules. The declaration is recorded in the Harris County condominium records under file number 192196, with a first amendment under 192229. Rise says it tracks lease expirations and renewals, so it can say where the building stands before a lease is signed.
Leasing has a tax side as well. Texas grants the residence homestead exemption only on a home the owner occupies as a principal residence. An owner who moves out and leases the home can lose it, and the tax bill rises.
The appraisal district says a qualifying owner receives at least a $140,000 homestead exemption on school taxes, with further exemptions from other units. Nine taxing units levy on every home here, at a combined 2025 rate of $2.26867 per $100 of taxable value. At the county's middle 2025 value of $274,853, that came to about $6,235 before any exemption.
How does a Texas sale work while a tenant still lives in the home?
The Texas Real Estate Commission publishes an Addendum Regarding Residential Leases for this situation. Its form listing says the addendum is to be used when the property is subject to one or more residential leases.
An article from the Texas Real Estate Research Center says the addendum is required on all contracts with residential leases executed after March 31, 2021.
The Texas Real Estate Research Center article says Box A is checked when the seller is sure the lease can be terminated and possession delivered at closing. Box A is one of the choices on the form, and the Texas Real Estate Research Center attaches a warning to it.
For a Lofts on Post Oak owner, Box A turns on the lease's end date and the closing date. A seller unsure the tenant will be out by closing has the Texas Real Estate Research Center's warning to weigh before choosing it.
Keep in mind that if this box is checked, the seller will be in default of the contract if he cannot get the tenant out of the property on or before the closing date.
Questions & answers
Lofts on Post Oak questions, answered
If I lease my Lofts on Post Oak home before selling it, what repairs does Texas law expect from me?
The Attorney General's guide for Texas renters says a tenant has a right to demand that the landlord repair any condition that materially affects the tenant's physical health or safety. The same guide says the landlord must also provide smoke detectors. An owner who leases a home here becomes that tenant's landlord, and a plan to sell later leaves those duties in place.
The Attorney General's guide also says the devices it requires must be installed at the landlord's expense. A renter at Lofts on Post Oak leases from one owner, and the lease terms are that owner's, within the association's rules. Read the lease and the association rules side by side before a tenant moves in. Keep a dated written record of every repair request and every repair made, so the history is clear when the home later goes on the market.
Does Texas law limit what I can do after my tenant at Lofts on Post Oak complains about a repair?
The Attorney General's guide for Texas renters says it is illegal under Texas law for a landlord to retaliate against a tenant for complaining in good faith about necessary repairs. That protection runs for six months from the date the tenant made the complaint. An owner planning a sale while a lease is in force should know exactly when any repair complaint arrived.
The guide's wording carries conditions. The complaint has to be made in good faith, and it has to concern necessary repairs. The six months count from the date of the complaint, not from the date of the repair. Bring the lease, any complaint and its date, and your intended listing date to your agent together. Where a decision turns on how the rule applies to your facts, take it to a Texas attorney.
If my tenant moves out before I list my Lofts on Post Oak home, when do I have to return the security deposit?
The Texas State Law Library's guide quotes Section 92.103 of the Texas Property Code: the landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises. The 30 days count from that surrender date. An owner ending a lease to sell a vacant home here can plan the move-out inspection and the refund around it.
Two more rules from the same guide sit beside the deadline. Section 92.104 says a landlord may not retain any portion of a security deposit to cover normal wear and tear. Section 92.109 allows the tenant to sue the landlord to recover three times the portion of the deposit wrongfully withheld, plus other fees. Record the home's condition at move-out in writing and with photos. That record supports any deduction, and it gives your agent a starting point for preparing the home for buyers.
If I sell my Lofts on Post Oak home with the tenant staying, what happens to the tenant's security deposit?
The Texas Real Estate Research Center's article on the lease addendum says the form restates a Texas Property Code rule: the seller must deliver any security deposits he holds to the buyer at closing. The Texas Real Estate Research Center's article adds that the buyer is responsible for telling the tenant that the buyer now owns the property and holds the deposit.
For a seller here, the deposit becomes part of the closing figures. Gather the signed lease, the deposit amount and any move-in condition record before the home is listed. A buyer's agent will want to see what passes to the buyer at closing. A buyer of a leased unit at Lofts on Post Oak also receives the association package before signing, and the declaration and rules are where the building's leasing provisions are written.
Can I get a valuation of my Lofts on Post Oak home before I decide whether to lease it or sell it?
Yes. You can request a valuation of your home at no charge before you choose either path. It begins with your unit's size on the county roll and the closed sales nearest it, adjusted for floor, view, condition and building. A number built that way lets you set a sale today beside the choice to keep the home and lease it for a time.
Bring the details that shape both paths: which rooms have been updated and when, the date you need to act by, and whether you live in the home now. Occupancy bears on the residence homestead exemption. The county's appraised value is a tax figure and one input among several. For 2025, certified values here ran from $198,275 to $602,171, with $274,853 in the middle, and a sale price can sit some distance from them.