92.011. (k) If the tenant challenges the claim for damages or unpaid rent and that challenge results in a determination by the landlord or by a court that the notice of indebtedness is incorrect, the indebtedness is void and the landlord may not file an insurance claim for insurance purchased under Subsection (e) in the amount of the voided indebtedness. Sec. Otherwise, this subchapter does not affect any other right of a landlord or tenant under contract, statutory law, or common law that is consistent with the purposes of this subchapter or any right a landlord or tenant may have to bring an action for personal injury or property damage under the law of this state. 7, eff. Added by Acts 2007, 80th Leg., R.S., Ch. SECURITY DEPOSIT. 225 (S.B. Over 58 years of experience Guaranteed prices - the price we quote is the price you pay! September 1, 2017. 8, eff. 1002), Sec. 5, eff. 576, Sec. (c-1) If the family violence is committed by a cotenant or occupant of the dwelling, a tenant may exercise the right to terminate the lease under the procedures provided by Subsection (b-1)(1)(A), (C), or (D) or (b-1)(2) and Subsection (c), except that the tenant is not required to provide the notice described by Subsection (c)(3). 23.011, eff. Redesignated from Property Code Sec. The bar or tube must be capable of being secured to both of the screw hooks and must be permanently attached in some way to the door frame stud or wall stud. 2, eff. 576, Sec. Jan. 1, 1984. 1276, Sec. REMOVAL OR ALTERATION OF SECURITY DEVICE BY TENANT. (e) A keyless bolting device is not required to be installed at the landlord's expense on an exterior door if: (1) the dwelling is part of a multiunit complex in which the majority of dwelling units are leased to tenants who are over 55 years of age or who have a physical or mental disability; (2) a tenant or occupant in the dwelling is over 55 years of age or has a physical or mental disability; and. 92.261. Sec. 92.006. Sept. 1, 1993. 31.01(71), eff. 917 (H.B. (3) move out at our demand because of your default; or. January 1, 2010. 4, eff. Notice by mail may be by regular mail, by registered mail, or by certified mail, return receipt requested. This subchapter does not affect a duty of a landlord or a remedy of a tenant under Subchapter B regarding habitability. (a) The landlord is not obligated to return a tenant's security deposit or give the tenant a written description of damages and charges until the tenant gives the landlord a written statement of the tenant's forwarding address for the purpose of refunding the security deposit. Jan. 1, 1984. (a) Except as provided in Subsection (b), a landlord is presumed to have given notice of an applicant's acceptance or rejection if the notice is by: (1) telephone to the applicant, co-applicant, or a person living with the applicant or co-applicant on or before the required date; or. 92.057(d) and amended by Acts 1995, 74th Leg., ch. Sec. Reletting Fee & Finding a New Tenant As a Texas landlord, you are required by the State to find a new tenant if your current tenant chooses to break the lease. (c) If a landlord or a landlord's agent changes the door lock of a tenant who is delinquent in paying rent, the landlord or the landlord's agent must place a written notice on the tenant's front door stating: (1) an on-site location where the tenant may go 24 hours a day to obtain the new key or a telephone number that is answered 24 hours a day that the tenant may call to have a key delivered within two hours after calling the number; (2) the fact that the landlord must provide the new key to the tenant at any hour, regardless of whether or not the tenant pays any of the delinquent rent; and. 91.002 by Acts 1987, 70th Leg., ch. Sec. 651 (H.B. 869, Sec. (b) Termination of a lease under this section is effective on the later of: (1) the 30th day after the date on which the notice under Subsection (a) was provided; or. Sec. 1186), Sec. 1, eff. Amended by Acts 1989, 71st Leg., ch. (e) This section relates only to a fee, charge, or other sum of money required to be paid under the lease if rent is not paid as provided by Subsection (a)(3), and does not affect the landlord's right to terminate the lease or take other action permitted by the lease or other law. (2) United States mail, addressed to the applicant and postmarked on or before the required date. LIABILITY OF LANDLORD. 1, eff. 92.264. 92.106. (b) If more than one tenant is a party to the lease, not later than the third business day after the date a landlord receives a written request for a copy of a lease from a tenant who has not received a copy of the lease under Subsection (a), the landlord shall provide one complete copy of the lease to the requesting tenant. If a landlord spends the equivalent of the reletting fee to re-rent the apartment, then that is a legitimate charge. (B) the agreement for repairs by the tenant is either underlined or printed in boldface in the lease or in a separate written addendum; (C) the agreement is specific and clear; and. 15 (S.B. 1, eff. 92.202. 469 (H.B. Section 92.019 Late Payment of Rent; Fees, (3) the landlord has locally mailed not later than the fifth calendar day before the date on which the door locks are changed or hand-delivered to the tenant or posted on the inside of the main entry door of the tenant's dwelling not later than the third calendar day before the date on which the door locks are changed a written notice stating: (A) the earliest date that the landlord proposes to change the door locks; (B) the amount of rent the tenant must pay to prevent changing of the door locks; (C) the name and street address of the individual to whom, or the location of the on-site management office at which, the delinquent rent may be discussed or paid during the landlord's normal business hours; and. 48, Sec. Sept. 1, 1993. (C) enter or exit a vehicle on the leased premises or located in a parking area provided by the landlord for tenants or guests. 1, 3, eff. (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. (c) Disclosure of information to a tenant may be made under Subdivision (1) or (2) of Subsection (b) before the tenant requests the information. (2) "Applicant" or "rental applicant" means a person who makes an application to a landlord for rental of a dwelling. (e) A landlord who violates Subsection (b) or (d) is liable to the tenant for an amount equal to the total of one month's rent plus $100 and attorney's fees. (2) be installed in a door with a metal doorjamb that serves as the strike plate. 92.334. 7, 2021). Sept. 1, 1993. September 1, 2017. 576, Sec. Jan. 1, 1984. (h) Subject to Subsections (i), (j), (k), (m), and (o), a landlord who submeters electricity or allocates or prorates nonsubmetered master metered electricity may interrupt or cause the interruption of electric service for nonpayment by the tenant of an electric bill issued to the tenant if: (1) the landlord's right to interrupt electric service is provided by a written lease entered into by the tenant; (2) the tenant's electric bill is not paid on or before the 12th day after the date the electric bill is issued; (3) advance written notice of the proposed interruption is delivered to the tenant by mail or hand delivery separately from any other written content that: (A) prominently displays the words "electricity termination notice" or similar language underlined or in bold; (i) the date on which the electric service will be interrupted; (ii) a location where the tenant may go during the landlord's normal business hours to make arrangements to pay the bill to avoid interruption of electric service; (iii) the amount that must be paid to avoid interruption of electric service; (iv) a statement providing that when the tenant makes a payment to avoid interruption of electric service, the landlord may not apply that payment to rent or other amounts owed under the lease; (v) a statement providing that the landlord may not evict a tenant for failure to pay an electric bill when the landlord has interrupted the tenant's electric service unless the tenant fails to pay for the electric service after the electric service has been interrupted for at least two days, not including weekends or state or federal holidays; and, (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; and, (C) is delivered not earlier than the first day after the bill is past due or later than the fifth day before the interruption date stated in the notice; and. However, this subchapter does not prohibit the adoption of a local ordinance that conforms to this subchapter but which contains additional enforcement provisions. (e) A landlord, not later than the 30th day after the effective date of the termination of a lease under this section, shall refund to the residential tenant terminating the lease under Subsection (b) all rent or other amounts paid in advance under the lease for any period after the effective date of the termination of the lease. 92.263. A request by a government official or employee for information must be in writing. (m) This section does not affect the rights of a landlord or tenant in a forcible detainer or forcible entry and detainer action. Acts 2015, 84th Leg., R.S., Ch. INTERRUPTION OF UTILITIES. If the blank was filled in for the lease at issue, the landlord can probably claim a reletting fee. (b) If after a casualty loss the rental premises are as a practical matter totally unusable for residential purposes and if the casualty loss is not caused by the negligence or fault of the tenant, a member of the tenant's family, or a guest or invitee of the tenant, either the landlord or the tenant may terminate the lease by giving written notice to the other any time before repairs are completed. 92.164. (c) A landlord who fails to give notice as required by this section is liable to the tenant for any expense incurred by the tenant as a result of the landlord's failure to give the notice. 3, eff. Sept. 1, 1995. 1448), Sec. (C) an advocate as defined by Section 93.001, Family Code, who assisted the victim. 1, eff. Total fees vary depending on the situation, and most lease contracts have clauses designed to clarify such details. 576, Sec. 1, eff. 593 (S.B. 92.259. Sept. 1, 1993. The fee for service of a writ of restoration of utility service is the same as that for service of a writ of possession. 3101), Sec. (6) the tenant holds over and the landlord's notice of termination is motivated by a good faith belief that the tenant, a member of the tenant's family, or a guest or invitee of the tenant might: (A) adversely affect the quiet enjoyment by other tenants or neighbors; (B) materially affect the health or safety of the landlord, other tenants, or neighbors; or. (a) This subchapter does not apply to: (1) a dwelling unit that is occupied by its owner, no part of which is leased to a tenant; (2) a dwelling unit in a building five or more stories in height in which smoke alarms are required or regulated by local ordinance; or. (d) A landlord and a tenant may agree for the tenant to repair or remedy, at the landlord's expense, any condition covered by Subchapter B. (c) In addition to other remedies provided by law, if a landlord violates this section, a tenant is entitled to recover from or against the landlord: (1) a civil penalty in an amount equal to one month's rent; (2) actual damages suffered by the tenant as a result of the landlord's violation of this section; (5) reasonable attorney's fees incurred by the tenant in seeking enforcement of this section. Aug. 28, 1989. (a) A landlord's duty or a tenant's remedy concerning security deposits, security devices, the landlord's disclosure of ownership and management, or utility cutoffs, as provided by Subchapter C, D, E, or G, respectively, may not be waived. (g) A tenant's right to vacate a dwelling and avoid liability under Section 92.016 or 92.017 may not be waived by a tenant or a landlord, except as provided by those sections. (c) If the landlord gives the tenant the notice closing the rental unit: (1) before the tenant gives a repair notice to the landlord, the remedies of this subchapter do not apply; (2) after the tenant gives a repair notice to the landlord but before the landlord has had a reasonable time to make repairs, the tenant is entitled only to the remedies under Subsection (d) of this section and Subdivisions (3), (4), and (5) of Subsection (a) of Section 92.0563; or. (a) A landlord shall install at least one smoke alarm in each separate bedroom in a dwelling unit. 92.352. (a) Except as provided in Subsection (b), a landlord who receives a security deposit or rent prepayment for a dwelling from a tenant who fails to occupy the dwelling according to a lease between the landlord and the tenant may not retain the security deposit or rent prepayment if: (1) the tenant secures a replacement tenant satisfactory to the landlord and the replacement tenant occupies the dwelling on or before the commencement date of the lease; or. 28.01, eff. (a) If a security deposit was not required by a residential lease and the tenant is liable for damages and charges on surrender of the premises, the landlord shall notify the tenant in writing of the landlord's claim for damages and charges on or before the date the landlord reports the claim to a consumer reporting agency or third-party debt collector. Sec. 6, eff. 17, eff. 3167), Sec. (c) If the tenant has complied with Subsection (b) and if the justice reasonably believes an unlawful utility disconnection has likely occurred, the justice may issue, ex parte, a writ of restoration of utility service that entitles the tenant to immediate and temporary restoration of the disconnected utility service, pending a final hearing on the tenant's sworn complaint. (2) within a reasonable time after receiving a written request by a tenant. Acts 1983, 68th Leg., p. 3651, ch. 576, Sec. TYPE, BRAND, AND MANNER OF INSTALLATION. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 92.332. Added by Acts 1995, 74th Leg., ch. 92.051. Added by Acts 2013, 83rd Leg., R.S., Ch. (4) obtain judicial remedies according to Section 92.0563. Jan. 1, 1996. 0. Sec. (c) A landlord may require a tenant to pay in advance charges for which the tenant is liable under this subchapter if a written lease authorizes the landlord to require advance payment, and the landlord notifies the tenant within a reasonable time after the tenant's request that advance payment is required, and: (1) the tenant is more than 30 days delinquent in reimbursing the landlord for charges to which the landlord is entitled under Subsection (b); or. (e) The owner of a dwelling shall reimburse a management company, managing agent, or on-site manager for costs expended by that person in complying with this subchapter. 744, Sec. VENUE. Added by Acts 2007, 80th Leg., R.S., Ch. September 1, 2011. 348 (S.B. The tenant must also state orally under oath to the justice the facts of the alleged unlawful utility disconnection. Check your specific lease agreement or renewal for your amount. 92.0131. (5) a keyless bolting device and a door viewer on each exterior door of the dwelling. (a) If a security deposit is required by a residential lease, the landlord may choose to offer the tenant an option to pay a fee in lieu of a security deposit. Jan. 1, 1996; Acts 1995, 74th Leg., ch. A landlord who in bad faith fails to refund an application fee or deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the amount wrongfully retained, and the applicant's reasonable attorney's fees. (2) at the time the tenant receives such evidence, the tenant has not yet terminated the lease or filed suit under this section. 92.010 by Acts 1995, 74th Leg., ch. 357, Sec. 92.157. (a) In this section, "governmental entity" means the state, an agency of the state, or a political subdivision of the state. (3) included in an attachment to the lease agreement that is signed by the tenant, but only if the attachment is expressly referred to in the lease agreement. This subchapter does not impose obligations on a landlord or tenant other than those expressly stated in this subchapter. 1, eff. Amended by Acts 1985, 69th Leg., ch. 918, Sec. (2) The tenant has given notice to the landlord as required by Section 92.056(b)(1), and, if required, a subsequent notice under Section 92.056(b)(3), and at least one of those notices states that the tenant intends to repair or remedy the condition. . (C) refund the tenant's security deposit, less lawful deductions, to the person designated under Subdivision (1). 7, eff. 475, Sec. Sept. 1, 1993; Acts 1995, 74th Leg., ch. (c) If the tenant is a victim or a parent or guardian of a victim of sexual assault under Section 22.011, Penal Code, aggravated sexual assault under Section 22.021, Penal Code, indecency with a child under Section 21.11, Penal Code, sexual performance by a child under Section 43.25, Penal Code, continuous sexual abuse of young child or disabled individual under Section 21.02, Penal Code, or an attempt to commit any of the foregoing offenses under Section 15.01, Penal Code, that takes place during the preceding six-month period on the premises or at any dwelling on the premises, the tenant shall provide to the landlord or the landlord's agent a copy of: (1) documentation of the assault or abuse, or attempted assault or abuse, of the victim from a licensed health care services provider who examined the victim; (2) documentation of the assault or abuse, or attempted assault or abuse, of the victim from a licensed mental health services provider who examined or evaluated the victim; (3) documentation of the assault or abuse, or attempted assault or abuse, of the victim from an individual authorized under Chapter 420, Government Code, who provided services to the victim; or. (a) A landlord may not: (1) prohibit or limit a residential tenant's right to summon police or other emergency assistance based on the tenant's reasonable belief that an individual is in need of intervention or emergency assistance; or. Acts 1983, 68th Leg., p. 3638, ch. 1, eff. 1, eff. 92.165. Sometimes, the law can only be enforced in court. (b) Except as provided by Section 92.255(b), a smoke alarm may be powered by battery, alternating current, or other power source as required by local ordinance. Acts 1983, 68th Leg., p. 3649, ch. 92.0561. CLOSING THE RENTAL PREMISES. January 1, 2008. DEFINITIONS. (a) A landlord may not require a tenant to pay for repair or replacement of a security device due to normal wear and tear. Sept. 1, 1993. (C) explaining the remedies available to the tenant for the landlord's failure to comply. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. (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. (D) the agreement is made knowingly, voluntarily, and for consideration. 83), Sec. texas property code reletting fee; Posted on June 29, 2022; By . (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. A party who prevails in a suit under this subsection may recover court costs and reasonable attorney's fees from the other party. Sec. (5) engaging, in bad faith, in a course of conduct that materially interferes with the tenant's rights under the tenant's lease. (b) A provision in a lease is void if the provision purports to: (1) waive a tenant's right to summon police or other emergency assistance based on the tenant's reasonable belief that an individual is in need of intervention or emergency assistance; or. (k) If a tenant has established, in accordance with Subsection (j), the circumstances necessary to avoid electric service interruption under that subsection, the landlord may not interrupt or cause the interruption of the tenant's electric service under Subsection (h) before: (1) the 63rd day after the date those circumstances are established; or. (i) For purposes of Subsections (c) and (c-1), a tenant who is a parent or guardian of a victim described by those subsections must reside with the victim to exercise the rights established by this section. 1168), Sec. 92.104. 92.159. (b) Notice under this section must be in writing and may be given in person, by mail, or by delivery to the premises. 1168), Sec. 869, Sec. ALTERNATIVE COMPLIANCE. U.S.C. 2, eff. Sec. Sec. Sept. 1, 1999. (b) The tenant must file with the justice court in the precinct in which the rental premises are located a sworn complaint for reentry, specifying the facts of the alleged unlawful lockout by the landlord or the landlord's agent. (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.". 1, eff. This chapter applies only to the relationship between landlords and tenants of residential rental property. 92.331. Sec. This subchapter applies to all residential leases. 576, Sec. (b) If a landlord is liable to the tenant under Subsection (a) of this section, the tenant may: (1) pay the utility company money to reconnect or avert the cutoff of utilities according to this section; (2) terminate the lease if the termination notice is in writing and move-out is to be within 30 days from the date the tenant has notice from the utility company of a future cutoff or notice of an actual cutoff, whichever is sooner; (3) deduct from the tenant's rent, without necessity of judicial action, the amounts paid to the utility company to reconnect or avert a cutoff; (4) if the lease is terminated by the tenant, deduct the tenant's security deposit from the tenant's rent without necessity of lawsuit or obtain a refund of the tenant's security deposit pursuant to law; (5) if the lease is terminated by the tenant, recover a pro rata refund of any advance rentals paid from the date of termination or the date the tenant moves out, whichever is later; (6) recover actual damages, including but not limited to moving costs, utility connection fees, storage fees, and lost wages from work; and. Sec. (l) The fee for filing a sworn complaint for reentry is the same as that for filing a civil action in justice court. 92.105. 689, Sec. Acts 2011, 82nd Leg., R.S., Ch. (c) This subchapter does not require the landlord: (1) to furnish utilities from a utility company if as a practical matter the utility lines of the company are not reasonably available; or. 48, Sec. Examples of RELETTING in a sentence. POSSESSION OF FIREARMS OR FIREARM AMMUNITION ON LEASED PREMISES. There is no limit on the amount of the reletting fee, but if it is not reasonable it might be . 1, eff. (a) The landlord shall repair or replace a fire extinguisher at the landlord's expense if: (1) on inspection, the fire extinguisher is found: (B) not to have the correct pressure indicated on the gauge or pressure indicator as recommended by the manufacturer of the fire extinguisher; or. 1112 (H.B. 92.332 by Acts 1997, 75th Leg., ch. 4, eff. The affidavit must state facts showing that the landlord has made and is making diligent efforts to repair the condition, and it must contain dates, names, addresses, and telephone numbers of contractors, suppliers, and repairmen contacted by the owner. 92.017. 1, eff. (j) A tenant and a landlord may agree that the tenant waives a tenant's rights under this section if the tenant or any dependent living with the tenant moves into base housing or other housing within 30 miles of the dwelling. 1, eff. ADDITIONAL ENFORCEMENT BY LOCAL ORDINANCE. PERSONAL PROPERTY AND SECURITY DEPOSIT OF DECEASED TENANT. A wealth of home building and renovating wisdom from years of experience. (h) Repairs made pursuant to the tenant's notice must be made in compliance with applicable building codes, including a building permit when required. Amended by Acts 1989, 71st Leg., ch. 1, eff. (2) "Occupant" means a person who has the landlord's consent to occupy a dwelling but has no obligation to pay the rent for the dwelling. Sec. September 1, 2007. Sec. 257 (H.B. REMEDIES. Through social However . Sec. Sept. 1, 1993. Acts 2015, 84th Leg., R.S., Ch. 10, eff. Aug. 28, 1995. 1, eff. 1198 (S.B. Acts 1983, 68th Leg., p. 3637, ch. Amended as Sec. (i) A landlord may not charge a tenant for normal wear and tear of a dwelling. BAD FAITH VIOLATION. 10, eff. Acts 1983, 68th Leg., p. 3632, ch. Sept. 1, 1997. 576, Sec. 3101), Sec. 576, Sec. (b) If a tenant files or prosecutes a suit under this subchapter in bad faith, the landlord may recover possession of the dwelling unit and may recover from the tenant a civil penalty of one month's rent plus $500, court costs, and reasonable attorney's fees. (6) the tenant was not delinquent in the payment of rent at the time any notice required by this subsection was given. Sept. 1, 2003. Sec. 1, eff. 1186), Sec. STATEMENT OF LATE FEES. 92.054. NOTICE TO TENANT AT PRIMARY RESIDENCE. Acts 1983, 68th Leg., p. 3647, ch. Unless possession of a firearm or firearm ammunition on a landlord's property is prohibited by state or federal law, a landlord may not prohibit a tenant or a tenant's guest from lawfully possessing, carrying, transporting, or storing a firearm, any part of a firearm, or firearm ammunition: (2) in a vehicle located in a parking area provided for tenants or guests by the landlord of the leased premises; or. 1488), Sec. Sec. The drop bolt system must prevent the door from being opened unless the central plate is lifted off of the doorjamb restraint by a person who is on the interior side of the door. 11, eff. 650, Sec. (d) This section does not release a guarantor from the obligations of the guarantor under the terms of the original lease or a valid renewal for costs and damages owed to the lessor that arise after the date specified by the guarantor in the original lease in accordance with Subsection (b), if the costs or damages relate to actions of the tenant before that date or arise as a result of the tenant refusing to vacate the leased premises. Added by Acts 1989, 71st Leg., ch. A tenant who in bad faith violates this section is liable to the landlord for an amount equal to three times the rent wrongfully withheld and the landlord's reasonable attorney's fees in a suit to recover the rent. January 1, 2008. Acts 2015, 84th Leg., R.S., Ch. (3) including the information in a copy of the tenant's lease or in written rules given to the tenant before the tenant requests the information. Rent, application fees, rent paid in advance, and non-refundable fees . They must notify the landlord in writing of their wish to have the smoke alarm installed or repaired before doing so. (a) Except as otherwise provided by Subsection (e), a security device operated by a key, card, or combination shall be rekeyed by the landlord at the landlord's expense not later than the seventh day after each tenant turnover date. 576, Sec. 576, Sec. 177), Sec. Acts 2005, 79th Leg., Ch. 576, Sec. (a) If a tenant files or prosecutes a suit for retaliatory action based on a complaint asserted under Section 92.331(a)(3), and the government building or housing inspector or utility company representative visits the premises and determines in writing that a violation of a building or housing code does not exist or that a utility problem does not exist, there is a rebuttable presumption that the tenant acted in bad faith.
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