1, eff. Renumbered from Property Code Sec. Jan. 1, 1984. (C) explaining the remedies available to the tenant for the landlord's failure to comply. 3, eff. (a) In this section: (1) "100-year floodplain" means any area of land designated as a flood hazard area with a one percent or greater chance of flooding each year by the Federal Emergency Management Agency under the National Flood Insurance Act of 1968 (42 U.S.C. Jan. 1, 1996. January 1, 2020. Sept. 1, 1995. 1367), Sec. (e) A landlord may comply with this section by providing to a tenant a complete copy of the lease: (2) in an electronic format if requested by the tenant; or. Jan. 1, 1996. (5) court costs and attorney's fees, excluding any attorney's fees for a cause of action for damages relating to a personal injury. 1, eff. But depending on the contract that you have signed, you might have to pay some additional fees or some charges for ending your lease early. A landlord shall provide to the tenant in a multiunit complex, as that term is defined by Section 92.151, a copy of any applicable vehicle towing or parking rules or policies of the landlord and any changes to those rules or policies as provided by Section 92.0131. Acts 2013, 83rd Leg., R.S., Ch. 1367), Sec. The tenant selection criteria may include factors such as criminal history, credit history, current income, and rental history. (a) Except as provided by Section 92.107, the landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises. Examples of RELETTING in a sentence. The term does not include occupancy before the initial occupancy date authorized under a lease. TENANT'S JUDICIAL REMEDIES. Added by Acts 2003, 78th Leg., ch. The notice must include the following text in both English and Spanish: "Notice to residents of (name and address of nonsubmetered master metered multifamily property): Electric (or gas) service to this property is scheduled for disconnection on (date) because (reason for disconnection).". 92.0161. TENANT REMEDIES. (2) if an entity located off-site from the dwelling is primarily responsible for managing the dwelling, the name and street address of the management company. The governing body of the municipality may provide additional notice to the property's tenants and owners after receipt of the service disconnection notice under this subsection. (i) the date the electric service has been interrupted; (ii) a location where the tenant may go during the landlord's normal business hours to make arrangements to pay the bill to reestablish interrupted electric service; (iii) the amount that must be paid to reestablish electric service; (iv) a statement providing that when the tenant makes a payment to reestablish electric service, a landlord may not apply that payment to rent or other amounts owed under the lease; (vi) a description of the tenant's rights under Subsection (j) to avoid interruption of electric service if the interruption will cause a person residing in the tenant's dwelling to become seriously ill or more seriously ill. (i) Unless a dangerous condition exists or the tenant requests disconnection, a landlord may not interrupt or cause the interruption of electric service under Subsection (h) on a day: (1) on which the landlord or a representative of the landlord is not available to collect electric bill payments and reestablish electric service; (2) that immediately precedes a day described by Subdivision (1); or, (A) the previous day's highest temperature did not exceed 32 degrees Fahrenheit and the temperature is predicted to remain at or below that level for the next 24 hours according to the nearest National Weather Service reports; or. Amended by Acts 1997, 75th Leg., ch. (d) This section does not apply to locks on closet doors or other interior doors. September 1, 2017. Acts 1983, 68th Leg., p. 3632, ch. The landlord may satisfy that burden of proof by providing evidence that the landlord: (1) delivered the notice by certified mail, return receipt requested, addressed to the tenant at the tenant's dwelling; or. (4) a judgment against the landlord for court costs and attorney's fees. 1420, Sec. Sec. This subchapter applies to all residential leases. (i) The tenant shall not have authority to contract for labor or materials in excess of what the tenant may deduct under this section. LANDLORD'S AGENT FOR SERVICE OF PROCESS. January 1, 2006. Texas Property Code as it applies to landlord and tenant arrangements. 576, Sec. Sec. Sec. 92.014. 83), Sec. Late Fees: Landlords in Texas can charge between 10-12% depending on how many units are on the property (4 or less at 12%, more than 4 at 10%). . 91.006), your landlord must make reasonable efforts to re-rent your unitno matter what your reason for leavingrather than charge you for the total remaining rent due under the lease. Amended by Acts 1989, 71st Leg., ch. 1715), Sec. (b) A provision of a lease that purports to waive a right or to exempt a landlord from a liability or duty under this section is void. 357, Sec. (c) If the tenant has complied with Subsection (b) and if the justice reasonably believes an unlawful lockout has likely occurred, the justice may issue, ex parte, a writ of reentry that entitles the tenant to immediate and temporary possession of the premises, pending a final hearing on the tenant's sworn complaint for reentry. Additionally, a landlord may charge more than the maximum to recover costs, expenses, or overhead associated with collecting the late payment. Acts 1983, 68th Leg., p. 3632, ch. A sliding door pin lock or sliding door security bar required by this subchapter must be installed at a height not higher than: (1) 54 inches from the floor, if installed before September 1, 1993; or. Acts 1983, 68th Leg., p. 3647, ch. Sec. Amended by Acts 1993, 73rd Leg., ch. Code Title 5 Subtitle B Chapter 53 Section 53.156 Texas Property Code Sec. (B) a peephole having a barrel with a one-way lens of glass or other substance providing an angle view of not less than 160 degrees. Acts 1983, 68th Leg., p. 3639, ch. 576, Sec. (a) A tenant's judicial remedies under Section 92.056 shall include: (1) an order directing the landlord to take reasonable action to repair or remedy the condition; (2) an order reducing the tenant's rent, from the date of the first repair notice, in proportion to the reduced rental value resulting from the condition until the condition is repaired or remedied; (3) a judgment against the landlord for a civil penalty of one month's rent plus $500; (4) a judgment against the landlord for the amount of the tenant's actual damages; and. Added by Acts 1997, 75th Leg., ch. January 1, 2010. You can't make the best decision for your situation until you . (b) A tenant who is a servicemember or a dependent of a servicemember may vacate the dwelling leased by the tenant and avoid liability for future rent and all other sums due under the lease for terminating the lease and vacating the dwelling before the end of the lease term if: (1) the lease was executed by or on behalf of a person who, after executing the lease or during the term of the lease, enters military service; or. LANDLORD 'S DEFENSE. Redesignated from Property Code Sec. My daughter left her off-campus housing in March due to "Shelter in place" and we've been paying rent fo. Texas law allows landlords to charge tenants for costs related to filling a vacancy left when a tenant terminates a lease without just cause. 917 (H.B. (c) Except as provided in Subsection (d), in the event of the death of a tenant who is the sole occupant of a rental dwelling: (1) the landlord may remove and store all property found in the tenant's leased premises; (2) the landlord shall turn over possession of the property to the person who was designated by the tenant under Subsection (a) or (b) or to any other person lawfully entitled to the property if the request is made prior to the property being discarded under Subdivision (5); (3) the landlord shall refund the tenant's security deposit, less lawful deductions, including the cost of removing and storing the property, to the person designated under Subsection (a) or (b) or to any other person lawfully entitled to the refund; (4) the landlord may require any person who removes the property from the tenant's leased premises to sign an inventory of the property being removed; and. The reconnection fee must be computed based on the average cost to the landlord for the expenses associated with the reconnection, but may not exceed $10. (4) a temporary residential tenancy created by a contract for sale in which the buyer occupies the property before closing or the seller occupies the property after closing for a specific term not to exceed 90 days. 5, eff. September 1, 2011. Amended by Acts 1993, 73rd Leg., ch. (3) For conditions other than those specified in Subdivision (2) of this subsection, if the new landlord acquires title as described in this subsection and has notified the tenant of the name and address of the new landlord or the new landlord's authorized agent and if the tenant has not already contracted for the repair or remedy at the time the tenant is so notified, the tenant must deliver to the new landlord a written notice of intent to repair or remedy the condition, and the new landlord shall have a reasonable time to complete the repair before the tenant may repair or remedy the condition. 5. a judgment against the landlord for attorney 's fees in an action under Subdivision (1) or (3); and 6. unilateral termination of the lease without a court proceeding if the landlord violates Section 92.259(a)(2). 92.021. LEASE WITHOUT SECURITY DEPOSIT; REQUIRED NOTICE. 92.202. Jan. 1, 1996. They must notify the landlord in writing of their wish to have the smoke alarm installed or repaired before doing so. 1, eff. (c) The justice, county, and district courts have concurrent jurisdiction in an action under Subsection (a). (3) a delay was caused by circumstances beyond the landlord's control, including the illness or death of the landlord or a member of the landlord's immediate family. (2) within a reasonable time after receiving a written request by a tenant. 92.017. 92.168. (C) refund the tenant's security deposit, less lawful deductions, to the person designated under Subdivision (1). This fee is meant to compensate the rental owners for the costs of releasing the unit. 92.203. 4, eff. (c) A security device required by Subsection (a) or (b) must be installed at the landlord's expense. Sept. 1, 1993. (b) At a tenant's request made before January 1, 1995, a landlord, at the tenant's expense, shall install on an exterior door of a dwelling constructed before September 1, 1993: (1) a keyless bolting device if the door does not have a keyless bolting device; and. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 305, Sec. If a landlord removes any of the items listed in this subsection for a bona fide repair or replacement, the repair or replacement must be promptly performed. BURDEN OF PROOF. NOTICE OF ELIGIBILITY REQUIREMENTS. (i) Except as provided by Subsection (j), a tenant's right to terminate a lease before the end of the lease term, vacate the dwelling, and avoid liability under this section may not be waived by a tenant. (b) The affidavit must summarize the reasons for the delay and the diligent efforts made by the landlord up to the date of the affidavit to get the repairs done. 576, Sec. Charging a reletting (early termination) fee by Anonymous (Texas) on May 13, 2014 @14:19 Share | Is it legal (or common practice) to charge a reletting fee if: a) the tenant gave a few months' notice and b) the new tenant moved in the same day the previous tenant moved out and c) the new tenant was found with no financial cost to the landlord? Acts 1983, 68th Leg., p. 3640, ch. On receipt of an affidavit, the justice shall issue a show cause order, directing the person to appear on a designated date and show cause why the person should not be adjudged in contempt of court. A reasonable time for purposes of this subsection is presumed to be not later than the seventh day after the date the request is received by the landlord. Sept. 1, 1993. Jan. 1, 1996; Acts 1995, 74th Leg., ch. 1198 (S.B. INTERRUPTION OF UTILITIES. 3, eff. DEFINITIONS. Other judicial actions under this chapter may not be joined with an eviction suit or asserted as a defense or crossclaim in an eviction suit. 92.111. 1367), Sec. (f) If the tenant decides to pay a fee in lieu of a security deposit and the landlord purchases insurance coverage as described by Subsection (e), an agreement required under Subsection (c) must clearly specify the following terms: (1) the fee is being paid only to secure occupancy without a requirement of paying a security deposit; (2) the fee, unless otherwise specified, is not refundable; (3) payment of the fee, unless otherwise specified, does not eliminate, release, or otherwise limit the requirements of the lease, including that the tenant must pay for: (B) damages for which the tenant is legally liable under the lease, other than normal wear and tear; and. (3) changing the door locks on the door to the tenant's individual unit of a tenant who is delinquent in paying at least part of the rent. Added by Acts 2019, 86th Leg., R.S., Ch. 1783), Sec. 869, Sec. texas property code reletting fee. (a) A landlord shall accept a tenant's timely cash rental payment unless a written lease between the landlord and tenant requires the tenant to make rental payments by check, money order, or other traceable or negotiable instrument. 576, Sec. The term includes a door between a living area and a garage but does not include a sliding glass door or a screen door. It's also a good option if you don't want to take responsibility for the new tenant and any damage they might cause to the apartment. LATE PAYMENT OF RENT; FEES. Added by Acts 1989, 71st Leg., ch. January 1, 2016. (5) If the new landlord violates this subsection, the new landlord is liable to the tenant for a civil penalty of one month's rent plus $2,000, actual damages, and attorney's fees. Added by Acts 1989, 71st Leg., ch. (a) Except as provided by Subsections (b) and (c), a landlord must comply with a tenant's request for rekeying, changing, installing, repairing, or replacing a security device under Section 92.156, 92.157, or 92.158 within a reasonable time. (b) A landlord may require a tenant to pay for repair or replacement of a security device if an underlined provision in a written lease authorizes the landlord to do so and the repair or replacement is necessitated by misuse or damage by the tenant, a member of the tenant's family, an occupant, or a guest, and not by normal wear and tear. (d) The writ of restoration of utility service must be served on either the landlord or the landlord's management company, on-premises manager, or rent collector in the same manner as a writ of possession in a forcible detainer suit. (3) by e-mail if the parties have communicated by e-mail regarding the lease. (e) The affidavit must be delivered to the tenant by any of the following methods: (2) certified mail, return receipt requested, to the tenant; or. 92.019. (c) In an action brought by a tenant under this subchapter, the landlord has the burden of proving that the retention of any portion of the security deposit was reasonable. 1099), Sec. Acts 1983, 68th Leg., p. 3632, ch. (b) A person may specify in writing in an original lease that the person will guarantee a renewal of the lease only if the original lease states: (1) the last date, as specified by the guarantor, on which the renewal of the lease will renew the obligation of the guarantor; (2) that the guarantor is liable under a renewal of the lease that occurs on or before that date; and. 92.108. (b) If a rental applicant requests that any acceptance of the applicant or any refund of the applicant's application deposit be mailed to the applicant, the landlord must mail the refund check to the applicant at the address furnished by the applicant. (o) A landlord may not interrupt or cause the interruption of electric service under Subsection (h) for any of the following reasons: (1) a delinquency in payment for electric service furnished to a previous tenant; (2) failure to pay non-electric bills, rent, or other fees; (3) failure to pay electric bills that are six or more months delinquent; or. TENANT REMEDIES. Amended by Acts 1985, 69th Leg., ch. 869, Sec. 1, eff. (d) If a landlord knows that flooding has damaged any portion of a dwelling at least once during the five-year period immediately preceding the effective date of the lease, the landlord shall provide a written notice to a tenant that is substantially equivalent to the following: "(Landlord) ( ) is or ( ) is not aware that the dwelling you are renting has flooded at least once within the last five years.". Added by Acts 1989, 71st Leg., ch. 3, eff. This subchapter does not impose obligations on a landlord or tenant other than those expressly stated in this subchapter. 576, Sec. PAYMENT OF CHARGES; LIMITS ON AMOUNT CHARGED. In addition to court costs and reasonable attorney's fees, a plaintiff who prevails under this subsection may recover from the landlord $500 for each violation of this section. 1198 (S.B. (4) The tenant's judicial remedies under Section 92.0563 shall be limited to recovery against the landlord to whom the tenant gave the required notices until the tenant has given the new landlord the notices required by this section and otherwise complied with Section 92.056 as to the new landlord. Various state laws limit the maximum amount a landlord can charge, so check your state's laws and regulations. Added by Acts 2009, 81st Leg., R.S., Ch. TENANT REMEDIES FOR LANDLORD'S FAILURE TO INSTALL OR REKEY CERTAIN SECURITY DEVICES. Jan. 1, 1984. 1, eff. (c) A smoke alarm may be located other than as required by Subsection (a) or (b) if a local ordinance or a local or state fire marshal approves. 1099), Sec. (h) A security device required by this section must be operable throughout the time a tenant is in possession of a dwelling. Sec. TENANT REMEDIES FOR OTHER LANDLORD VIOLATIONS. Sec. (b) A landlord who knowingly violates Section 92.006 by contracting orally or in writing with a tenant to waive the landlord's duty to repair under this subchapter shall be liable to the tenant for actual damages, a civil penalty of one month's rent plus $2,000, and reasonable attorney's fees. (e) If the requirements of Subsection (d) of this section are met, a tenant may: (1) have the condition repaired or remedied immediately following the tenant's notice of intent to repair if the condition involves sewage or flooding as referred to in Paragraph (A) of Subdivision (3) of Subsection (d) of this section; (2) have the condition repaired or remedied if the condition involves a cessation of potable water as referred to in Paragraph (A) of Subdivision (3) of Subsection (d) of this section and if the landlord has failed to repair or remedy the condition within three days following the tenant's delivery of notice of intent to repair; (3) have the condition repaired or remedied if the condition involves inadequate heat or cooled air as referred to in Paragraph (C) of Subdivision (3) of Subsection (d) of this section and if the landlord has failed to repair the condition within three days after delivery of the tenant's notice of intent to repair; or. Categories craigslist phoenix jobs general labor. (e) If a rule or policy change is made during the term of the lease agreement, the change: (A) apply to all of the landlord's tenants in the same multiunit complex and be based on necessity, safety or security of tenants, reasonable requirements for construction on the premises, or respect for other tenants' parking rights; or, (B) be adopted based on the tenant's written consent; and. (2) is liable for the tenant's reasonable attorney's fees in a suit to recover the deposit. The landlord's duty of inspection and repair of smoke alarms under Subchapter F may be waived only by written agreement. 1109), Sec. Renumbered from Property Code Sec. 92.332. 475 (S.B. Most commonly, an early termination fee is two months' rent. SMOKE ALARM. (b-1) The person who no longer owns an interest in the rental premises is liable for a security deposit received while the person was the owner until the new owner has received the deposit or has assumed the liability for the deposit, unless otherwise specified by the parties in a written contract. Acts 2007, 80th Leg., R.S., Ch. 3, eff. (c) The acknowledgment required by Subsection (b) must include a statement substantively equivalent to the following: "Signing this acknowledgment indicates that you have had the opportunity to review the landlord's tenant selection criteria. Under Texas law, a landlord has an obligation to mitigate damages. 1, eff. 92.057(b), (c) and amended by Acts 1995, 74th Leg., ch. 650, Sec. 5, eff. 1198 (S.B. (a) This subchapter does not apply to: (1) a room in a hotel, motel, or inn or to similar transient housing; (2) residential housing owned or operated by a public or private college or university accredited by a recognized accrediting agency as defined under Section 61.003, Education Code; (3) residential housing operated by preparatory schools accredited by the Texas Education Agency, a regional accrediting agency, or any accrediting agency recognized by the commissioner of education; or. 1, Sept. 1, 1995. A repair bill and receipt may be the same document. If you turn in keys voluntarily you're technically moving out, forcing the landlord to put the unit back on the market, thus breaking the agreement. Amended by Acts 1993, 73rd Leg., ch. TENANT'S DISABLING OF A SMOKE ALARM. Acts 1983, 68th Leg., p. 3639, ch. SECURITY DEPOSIT. (b) A landlord may not, within six months after the date of the tenant's action under Subsection (a), retaliate against the tenant by: (1) filing an eviction proceeding, except for the grounds stated by Section 92.332; (2) depriving the tenant of the use of the premises, except for reasons authorized by law; (4) increasing the tenant's rent or terminating the tenant's lease; or. Sec. Amended by Acts 1995, 74th Leg., ch. 630), Sec. The term does not include dates of entry or occupation not authorized by the landlord. 576, Sec. 92.0561. 92.157. 650, Sec. Added by Acts 2019, 86th Leg., R.S., Ch. (2) "Nonsubmetered master metered multifamily property" means an apartment, a leased or owner-occupied condominium, or one or more buildings containing at least 10 dwellings that receive electric utility service or gas utility service that is master metered but not submetered. Acts 1983, 68th Leg., p. 3632, ch. 18, eff. 92.264. 512 (H.B. (last accessed Jun. 882), Sec. Sec. (a) A landlord shall give prior written notice to a tenant regarding a landlord rule or policy change that is not included in the lease agreement and that will affect any personal property owned by the tenant that is located outside the tenant's dwelling. (2) the landlord does not install, inspect, or repair the smoke alarm on or before the seventh day after the date the tenant gives the landlord written notice that the tenant may exercise his remedies under this subchapter if the landlord does not comply with the request within seven days. The justice may defer payment of the tenant's filing fees and service costs for the sworn complaint for restoration of utility service and writ of restoration of utility service. 899 (H.B. 6, eff. A repairman or supplier shall not have a lien for materials or services arising out of repairs contracted for by the tenant under this section. Landlords who violate these rules could end up owing the tenant $100, three times the amount of the late fee that was wrongfully collected, and the tenant's attorneys' fees. Jan. 1, 1996. (b) If the landlord makes the notice available under Subsection (a), the applicant shall sign an acknowledgment indicating the notice was made available. (a) A landlord may not collect from a tenant a late fee for failing to pay any portion of the tenant's rent unless: (1) notice of the fee is included in a written lease; (3) any portion of the tenant's rent has remained unpaid two full days after the date the rent was originally due. Sec. Sec. (e) A fee collected under this section may be used to purchase insurance coverage for damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease. If a rental premises is, as a practical matter, totally unusable for residential purposes as a result of a natural disaster such as a hurricane, tornado, flood, extended freeze, or widespread windstorm, a landlord that allows a tenant to move to another rental unit owned by the landlord may not require the tenant to execute a lease for a term longer than the term remaining on the tenant's lease on the date the premises was rendered unusable as a result of the natural disaster. Amended as Sec. (a) A tenant of a landlord who is liable under Section 92.202, 92.203, or 92.204 may obtain or exercise one or more of the following remedies: (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 tenant's actual costs in discovering the information required to be disclosed by this subchapter; (3) a judgment against the landlord for one month's rent plus $100; (4) a judgment against the landlord for court costs and attorney's fees; and. 221 (H.B. Sec. (3) "Lease" means any written or oral agreement between a landlord and tenant that establishes or modifies the terms, conditions, rules, or other provisions regarding the use and occupancy of a dwelling. Texas Property Code ("TPC") Title 11, includes numerous provisions governing the formation, management, powers, . Amended by Acts 1989, 71st Leg., ch. If on a wall, it must be no closer than six inches and no farther than 12 inches from the ceiling or otherwise located in accordance with the manufacturer's installation instructions. 2, eff. we provide special support 92.105. 2, eff. Reletting a Rental Property A landlord relets a property by having a new tenant sign an entirely new lease. Renumbered from Sec. 1198 (S.B. 1, eff. Sec. In addition to other remedies provided by law, if a landlord retaliates against a tenant under this subchapter, the tenant may recover from the landlord a civil penalty of one month's rent plus $500, actual damages, court costs, and reasonable attorney's fees in an action for recovery of property damages, moving costs, actual expenses, civil penalties, or declaratory or injunctive relief, less any delinquent rents or other sums for which the tenant is liable to the landlord.
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