Selling Your Aubrey House: City Code and County Records

The Aubrey utility calendar

In Aubrey, the utility bill is defined as the collective charge for water, sewer and solid waste collection, according to section 13.03.004 of the code of ordinances. Section 13.03.005 sets the dates that matter when a house is changing hands:

• 5th of the month: bills are due on the 5th of the month after the billing date.
• 6th: a 10% penalty is added.
• 15th: a bill that is still unpaid, late fee included, is subject to disconnection, with the extra fees listed in Appendix A; a 15th that falls on a weekend or holiday moves to the next business day.

Once service is cut off for nonpayment, the same section says it is not restored until the arrearage and the fees are paid. A residential customer may ask for the late fee to be waived once in any 12-month period. Water and sewer are tied together: under section 13.03.018, failing to pay either charge results in discontinuance of water service.

Deposits, closed accounts and separate meters

Section 13.03.005 also covers the deposit. Deposits are set in the Appendix A fee schedule, can be applied to any loss from unpaid bills, and are returned only to the person who made the deposit when that person permanently discontinues city water or sewer service, less any other charges. No interest is paid on them.

The section adds that once 10 business days have passed, an account disconnected for nonpayment may be closed, and it will not be reconnected until the balance is paid along with installation fees or a deposit, and that delinquent bills may be collected by suit. Under section 13.03.006, each family keeping a separate residence, house or apartment, is to have its own water meter and account. The full article is in Article 13.03.

Weeds and building cases can follow the property

Aubrey has its own property maintenance code in Article 3.04. Section 3.04.062 requires premises and exterior property to be kept free of weeds or plant growth over 12 inches. Exterior nuisances must be abated by the owner or may be abated by the city, and the city may recover its expenses and create and enforce liens under the article.

The dangerous structures division goes further. Under section 3.04.228, notice of a hearing goes to the record owners and to each holder of a recorded lien shown in the county clerk's records whose address can be ascertained, is posted on the front door for unknown owners, and is published once. Section 3.04.230 lets the city file notice of the proceeding in the county's real property records, and that filing binds anyone who later acquires an interest in the property. Section 3.04.240 also lets the city secure a building that violates minimum standards and is unoccupied, or occupied only by people with no right to be there.

If you have received a notice about an Aubrey property, keep a copy and share it with any buyer.

If a tenant still lives there

If the house is rented, start with the lease. Property Code 24.005 generally requires a landlord to give a tenant who defaults or holds over at least three days' written notice to vacate before filing an eviction suit, unless the written lease sets a shorter or longer period, and it adds special rules when the reason is unpaid rent. Under section 24.004, the case belongs in a justice court in the precinct where the property is located.

Denton County's Justice of the Peace page tells residents to use its precinct search page to find their precinct, and that page points you to the county's Landmark map at gis.dentoncounty.gov, under the Search Menu and Precincts Search. The county also warns not to contact a judge about a pending or potential case. A landlord-tenant attorney can review the lease before you act.

Taxes and records at the Denton County level

The Denton County tax FAQ explains that state law places a tax lien on property on January 1 each year and that whoever owns the property on that date is personally liable for that year's tax, even after selling. A bill paid late picks up penalty and interest that start at 7% in February and reach 18% in July, and real property accounts not paid by June 30 of the delinquency year go to the delinquent tax attorney with an added 15% to 20%. A tax certificate showing the taxes, penalties, interest and known costs on an account costs $10 per certificate.

If the appraised value looks wrong, Denton Central Appraisal District takes protests online, by mail or in person until May 15 or 30 days after the notice was mailed, whichever is later; Tax Code 41.44 has the notice filed with the appraisal review board. Deeds and other real property records are kept by the County Clerk's Recording Division.

Selling to Cash Home Advisors

We buy Aubrey houses as-is, so you can sell without making repairs. We pay all closing costs and can close in 7–14 days. Ask for an offer or read how it works. Our posts on selling a house as-is and who pays closing costs cover common questions.

Local offices for this area

• Denton Central Appraisal District: the protest process
• Denton County Tax Assessor-Collector: Tax Certificates
• Denton County Clerk: Recording Division
• Denton County Justice of the Peace Precincts
• Legal Aid of NorthWest Texas, Denton office

ZIP codes we buy in: 76227