SECURITY DEPOSIT. Renumbered from Sec. 744, Sec. Amended by Acts 1995, 74th Leg., ch. Sept. 1, 1997. Added by Acts 1995, 74th Leg., ch. Jan. 1, 1984. 650, Sec. (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. Added by Acts 2011, 82nd Leg., R.S., Ch. 10, eff. 92.302. 1414), Sec. 1, eff. 576, Sec. 92.259. Sec. OBLIGATION TO REFUND. (a) A smoke alarm must be: (1) designed to detect both the visible and invisible products of combustion; (2) designed with an alarm audible to a person in the bedrooms it serves; and. 1198 (S.B. September 1, 2011. In an eviction suit, retaliation by the landlord under Section 92.331 is a defense and a rent deduction lawfully made by the tenant under this chapter is a defense for nonpayment of the rent to the extent allowed by this chapter. 126, Sec. (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. TENANT REMEDIES FOR OTHER LANDLORD VIOLATIONS. Reletting Expenses Definition | Law Insider Jan. 1, 1984. January 1, 2006. Acts 1983, 68th Leg., p. 3640, ch. 92.0563. (c) A security device required by Subsection (a) or (b) must be installed at the landlord's expense. 92.016. What's the Difference Between a Lease Termination Charge and a Sec. (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. (c) This section does not apply to or affect a local ordinance governing a landlord's obligation to provide a 24-hour emergency contact number to a tenant that is adopted before January 1, 2008, if the ordinance conforms with or is amended to conform with this section. Added by Acts 1995, 74th Leg., ch. (As a point of reference, the Texas Apartment Association's standard lease sets reletting fees at 85% of a month's rent. (2) "Landlord" means 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. The same if you're forced to move out because of lease violations. (a) Except as provided by Subsections (b), (e), (f), (g), and (h) and without necessity of request by the tenant, a dwelling must be equipped with: (1) a window latch on each exterior window of the dwelling; (2) a doorknob lock or keyed dead bolt on each exterior door; (3) a sliding door pin lock on each exterior sliding glass door of the dwelling; (4) a sliding door handle latch or a sliding door security bar on each exterior sliding glass door of the dwelling; and. 576, Sec. (2) there is no controversy concerning the amount of rent owed. 576, Sec. 3, eff. June 19, 2009. Jan. 1, 1984. LANDLORD'S FAILURE TO DISCLOSE INFORMATION. 2118), Sec. 1, eff. Amended by Acts 1989, 71st Leg., ch. (b-1) A tenant may obtain relief under Subsection (b) if the tenant provides the landlord or the landlord's agent: (1) a copy of one or more of the following orders protecting the tenant or an occupant from family violence: (A) a temporary injunction issued under Subchapter F, Chapter 6, Family Code; (B) a temporary ex parte order issued under Chapter 83, Family Code; (C) a protective order issued under Chapter 85, Family Code; or, (D) an order of emergency protection under Article 17.292, Code of Criminal Procedure; or. The copy of the rules or policies must be: (2) included in a lease agreement signed by the tenant; or. (b) Notwithstanding this subchapter, a person licensed to install fire alarms or fire detection devices under Chapter 6002, Insurance Code, shall comply with that chapter when installing smoke alarms. 588 (S.B. 1072 (H.B. A tenant's request or notice under this subchapter may be given orally unless the tenant has a written lease that requires the request or notice to be in writing and that requirement is underlined or in boldfaced print in the lease. Acts 2021, 87th Leg., R.S., Ch. (b) If the landlord secures the replacement tenant, the landlord may retain and deduct from the security deposit or rent prepayment either: (1) a sum agreed to in the lease as a lease cancellation fee; or. (b) A landlord or a landlord's manager or agent may not charge or seek reimbursement from the landlord's tenant for the amount of a fine imposed on the landlord by a governmental entity unless the tenant or another occupant of the tenant's dwelling actually caused the damage or other condition on which the fine is based. The tenant must also state orally under oath to the justice the facts of the alleged unlawful utility disconnection. June 17, 2005, except Subsec. Acts 1983, 68th Leg., p. 3638, ch. (b) Except as provided by Subsection (a), a dwelling to which this subchapter applies includes: (1) a room in a dormitory or rooming house; (3) a single family house, duplex, or triplex; and. (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. Amended by Acts 1985, 69th Leg., ch. Sec. Added by Acts 1995, 74th Leg., ch. 2, eff. 324 (S.B. The landlord has a duty to mitigate its damages and try to re-let the apartment but this can be difficult to enforce. 16, eff. However, a landlord may deactivate or remove the locking mechanism of a doorknob lock or remove any device not qualifying as a keyless bolting device if a keyed dead bolt has been installed on the same door. (c) Disclosure of information to a tenant may be made under Subdivision (1) or (2) of Subsection (b) before the tenant requests the information. Answered on 9/10/03, 6:42 pm. REMOVAL OF PROPERTY AND EXCLUSION OF RESIDENTIAL TENANT. 92.202. 10.1 Your Responsibility. Sept. 1, 1993; Acts 1995, 74th Leg., ch. September 1, 2017. 600 (H.B. Renumbered from Property Code, Section 92.016 by Acts 2007, 80th Leg., R.S., Ch. Over 58 years of experience Guaranteed prices - the price we quote is the price you pay! 0 attorneys agreed. Sec. A landlord may not require a tenant to pay for other repairs or replacements of a security device except as provided by Subsections (b), (c), and (d). Jan. 1, 1984. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. January 1, 2014. (q) The landlord may not evict a tenant for failure to pay an electric bill when the landlord has interrupted the tenant's electric service under Subsection (h) 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. PROPERTY CODE CHAPTER 91. PROVISIONS GENERALLY APPLICABLE TO - Texas (f) A landlord who violates Subsection (b), (c), (d), or (e) is liable for a civil penalty in the amount of $100 plus any towing or storage costs that the tenant incurs as a result of the towing of the tenant's vehicle. January 1, 2014. A landlord who issues a parking permit to a tenant: (1) must issue the permit for a term that is coterminous with the tenant's lease term; and. The customer must provide the notice by mail to the tenant's or owner's preferred mailing address or hand deliver the notice to the tenant or owner. 576, Sec. (b) The landlord may not retain any portion of a security deposit to cover normal wear and tear. 92.1041. (e) If the landlord rejects an applicant and the landlord has not made the notice required by Subsection (a) available, the landlord shall return the application fee and any application deposit. If on a ceiling, it must be no closer than six inches to a wall or otherwise located in accordance with the manufacturer's installation instructions. Acts 1983, 68th Leg., p. 3649, ch. (c) A landlord who violates this section is liable to the tenant for an amount equal to the sum of $100, three times the amount of the late fee collected in violation of this section, and the tenant's reasonable attorney's fees. Jan. 1, 1984. 337 (H.B. Redesignated from Property Code Sec. Acts 1983, 68th Leg., p. 3650, ch. (a) This section applies only to a tenant in a multiunit complex, as that term is defined by Section 92.151. What Happens If You Break A Lease In Texas? - Square Cow Moovers The hearing shall be held not earlier than the first day and not later than the seventh day after the date the landlord requests a hearing. 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. Sec. Sept. 1, 1993; Acts 1995, 74th Leg., ch. (2) the date on which all of the conditions in Subsection (a) have been met. 91.006 - This regulation works in your favor. (a) A landlord or a landlord's agent may not interrupt or cause the interruption of utility service paid for directly to the utility company by a tenant unless the interruption results from bona fide repairs, construction, or an emergency. 8, eff. (b) This section does not authorize a recovery of attorney's fees in an action brought under Subchapter E or F for damages that relate to or arise from property damage, personal injury, or a criminal act. (b) At the time a landlord offers to a tenant the option of paying a fee in lieu of a security deposit, the landlord shall notify the tenant in writing: (1) that the tenant has the option to instead pay a security deposit; (2) that the tenant has the option to terminate the agreement to pay the fee in lieu of a security deposit at any time and stop paying the fee, and instead, to pay a security deposit in the amount that is otherwise offered to new tenants for substantially similar housing on the date the tenant chooses to pay the security deposit; and. Unfortunately, many tenants are unaware of this law and do not receive a proper refund of their deposit. (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. 882), Sec. (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. The writ of reentry must notify the landlord of the right to a hearing. (a) The tenant must delay contracting for repairs under Section 92.0561 if, before the tenant contracts for the repairs, the landlord delivers to the tenant an affidavit, signed and sworn to under oath by the landlord or his authorized agent and complying with this section. A landlord complies with the requirements of this subchapter relating to the provision of smoke alarms in the dwelling unit if the landlord: (1) has a fire detection device, as defined by Section 6002.002, Insurance Code, that includes a fire alarm device, as defined by Section 6002.002, Insurance Code, installed in a dwelling unit; or. Acts 1983, 68th Leg., p. 3631, ch. (C) designed to prevent the door from being opened. PDF take over the occupancy of the home and allows the tenant to depart on LANDLORD'S DEFENSES RELATING TO INSTALLING OR REKEYING CERTAIN SECURITY DEVICES. Sec. A lease termination charge is a fee that allows you to break your lease early without any loss or risk of paying the entirety of rent due for the lease term. LANDLORD'S FAILURE TO CORRECT INFORMATION. Acts 2013, 83rd Leg., R.S., Ch. You'll be liable for a reletting charge of $675.75 (not to exceed 85% of the highest monthly rent during the Lease term) if you: (A) fail to move in, or fail to give written move out notice as required in Par.23 or 36: (B) move out without paying rent in full for the entire . 744, Sec. 91.002 by Acts 1987, 70th Leg., ch. This section does not apply to a security device installed, repaired, changed, replaced, or rekeyed by a tenant under Section 92.164(a)(1) or 92.165(1). Section 92.104 of the Texas Property Code This section requires a landlord who is withholding a portion of a security deposit to provide an itemized and written list of the deductions to the tenant. A mutual agreement for tenant repair under Subsection (g) of Section 92.0561 is not a violation of Section 92.006. 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. (a) In this section, "occupant" has the meaning assigned by Section 92.016. 3101), Sec. (a) The landlord is not liable for retaliation under this subchapter if the landlord proves that the action was not made for purposes of retaliation, nor is the landlord liable, unless the action violates a prior court order under Section 92.0563, for: (1) increasing rent under an escalation clause in a written lease for utilities, taxes, or insurance; or. 1783), Sec. January 1, 2022. 92.170. 869, Sec. Acts 1983, 68th Leg., p. 3648, ch. A waiver under this section does not apply if: (1) the tenant or the tenant's dependent moves into housing owned or occupied by family or relatives of the tenant or the tenant's dependent; or. 92.353. Changes to Law Regarding Resale Certificates- 2021 Legislative Session HARASSMENT. (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. January 1, 2008. Sept. 1, 2001. PROVISIONS GENERALLY APPLICABLE TO LANDLORDS AND TENANTS Sec. 39 (H.B. 92.005. Added by Acts 2019, 86th Leg., R.S., Ch. A party who files or prosecutes a suit under Subchapter B, D, E, or F in bad faith or for purposes of harassment is liable to the defendant for one month's rent plus $100 and for attorney's fees. Sec. SECURITY DEVICES REQUESTED BY TENANT. ATTORNEY'S FEES. (b) Except as provided by this section, a landlord may not interrupt or cause the interruption of water, wastewater, gas, or electric service furnished to a tenant by the landlord as an incident of the tenancy or by other agreement unless the interruption results from bona fide repairs, construction, or an emergency. Texas Landlord-Tenant Laws Resource Guide - Rentec Direct Blog 882), Sec. When secured to the screw hooks, the bar or tube must prevent the door from being opened unless the bar or tube is removed by a person who is on the interior side of the door. So you may not have to pay much, if any additional rent, if you break your lease. (m) If an insurer seeks reimbursement under Subsection (l)(2), the insurer must include in the reimbursement demand: (1) evidence of damages or unpaid rent that the landlord submitted to the insurer; (2) evidence of damage repair costs that the landlord submitted to the insurer; and. 826, Sec. BURDEN OF PROOF. Jan. 1, 1984. Sec. (b) A keyed dead bolt or a keyless bolting device described in Section 92.151(6)(A) or (B) in a dwelling must: (1) have a strike plate screwed into the portion of the doorjamb surface that faces the edge of the door when the door is closed; or. September 1, 2007. 92.164. Sec. (2) The tenant's right to repair and deduct for conditions involving sewage backup or overflow, flooding inside the dwelling, or a cutoff of potable water under Subsection (e) of Section 92.0561 shall not be affected, and the tenant shall have no duty to give additional notice to the new landlord. 92.151. What Is A Reasonable Reletting Fee In Texas? - Mastery Wiki (c) A tenant may exercise the rights to terminate the lease under Subsection (b), vacate the dwelling before the end of the lease term, and avoid liability beginning on the date after all of the following events have occurred: (1) a judge signs an order described by Subsection (b-1)(1) if the tenant obtained such an order; (2) the tenant provides a copy of the relevant documentation described by Subsection (b-1)(1) or (2), as applicable, to the landlord; (3) the tenant provides written notice of termination of the lease to the landlord on or before the 30th day before the date the lease terminates; (4) the 30th day after the date the tenant provided notice under Subdivision (3) expires; and. 1, eff. (2) the tenant and the tenant's dependent move, wholly or partly, because of a significant financial loss of income caused by the tenant's military service. (d) A provision of a lease that purports to waive a right or exempt a party from a liability or duty under this section is void. handbook can be located in sections 24, 54, 91 and 92 of the Texas Property Code, which is available in your local law library and online at www.statutes.legis.state.tx.us. (2) on the date the tenant terminates the lease or files suit the tenant has not fully paid costs requested by the landlord and authorized by Section 92.258. EXEMPTIONS. Acts 1983, 68th Leg., p. 3639, ch. 4, eff. 576, Sec. Renumbered from Sec. 869, Sec. (e) A correction to the information may be made by any of the methods authorized for providing the information. TENANT REMEDIES. (d) A landlord authorized by this subchapter to charge a tenant for repairing, installing, changing, or rekeying a security device under this subchapter may not require the tenant to pay more than the total cost charged by a third-party contractor for material, labor, taxes, and extra keys. 8, eff. Sept. 1, 1997. The landlord is not required to give the tenant a description and itemized list of deductions if: (1) the tenant owes rent when he surrenders possession of the premises; and. 576, Sec. The hearing shall be held not earlier than the first day and not later than the seventh day after the date the landlord requests a hearing. 1, eff. (c) A landlord's failure to provide a complete copy of the lease as described by Subsection (a) or (b) does not invalidate the lease or, subject to Subsection (d), prevent the landlord from prosecuting or defending a legal action or proceeding to enforce the lease. Sept. 1, 2001. teriyaki chicken donburi wagamama . 92.351. LIABILITY OF CERTAIN GUARANTORS UNDER LEASE. Redesignated from Property Code Sec. 257 (H.B. 1, eff. Sept. 1, 1989. (h) If a writ of possession is issued, it supersedes a writ of restoration of utility service. In Texas, if I pay the rest of the rent in my lease term even - Quora Jan. 1, 1996. 576, Sec. 5, eff. 48, Sec. NONRETALIATION. Acts 2007, 80th Leg., R.S., Ch. LIABILITY OF TENANT FOR GOVERNMENTAL FINES. (b) A landlord may allow an occupancy rate of more than three adult tenants per bedroom: (1) to the extent that the landlord is required by a state or federal fair housing law to allow a higher occupancy rate; or. PDF Texas Homes Realty & Management - Katy Property Management (6) the tenant was not delinquent in the payment of rent at the time any notice required by this subsection was given. 576, Sec. (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. Section 4001 et seq.). Sept. 1, 1993. 1, eff. Renumbered from Sec. 2, eff. Subchapter E - Texas Property Code Subchapter E. Disclosure of Ownership and Management Sec. (f) Repairs made pursuant to the tenant's notice must be made by a company, contractor, or repairman listed in the yellow or business pages of the telephone directory or in the classified advertising section of a newspaper of the local city, county, or adjacent county at the time of the tenant's notice of intent to repair. Acts 1983, 68th Leg., p. 3632, ch. (c) A landlord's duties and the tenant's remedies under Subchapter B, which covers conditions materially affecting the physical health or safety of the ordinary tenant, may not be waived except as provided in Subsections (d), (e), and (f) of this section. (C) The landlord has expressly or impliedly agreed in the lease to furnish heating or cooling equipment; the equipment is producing inadequate heat or cooled air; and the landlord has been notified in writing by the appropriate local housing, building, or health official or other official having jurisdiction that the lack of heat or cooling materially affects the health or safety of an ordinary tenant. Payment of the fee, charge, or other sum of money by a tenant does not waive the right or remedies provided by this section. Code 92.019 (2023).) Sec. 3167), Sec. 92.334 by Acts 1997, 75th Leg., ch. (4) documentation of a protective order issued under Subchapter A, Chapter 7B, Code of Criminal Procedure, except for a temporary ex parte order. Subletting vs. Reletting - What's the difference? - Swamp Rentals (C) explaining the remedies available to the tenant for the landlord's failure to comply. (g) eff. If the landlord's employees perform the work, the charge may include a reasonable amount for overhead but may not include a profit to the landlord. Acts 2005, 79th Leg., Ch. 53.156 Costs and Attorney's Fees 4, eff. 92.163. Jan. 1, 1996. (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. September 1, 2011. 348 (S.B. The re-let fee is turned in at the same time as your keys once you have officially moved out. September 1, 2011. A reasonable time for purposes of this subsection is presumed to be not later than the seventh day after the date a tenant's advance payment is received by the landlord, except as provided by Subsection (c). (a) If a landlord has installed a 1A10BC residential fire extinguisher as defined by the National Fire Protection Association or other non-rechargeable fire extinguisher in accordance with a local ordinance or other law, the landlord or the landlord's agent shall inspect the fire extinguisher: (1) at the beginning of a tenant's possession; and. (d) The landlord must comply with the tenant's request for inspection or repair of a smoke alarm within a reasonable time, considering the availability of material, labor, and utilities. 1, 3, eff. 1198 (S.B. 5, eff. A landlord may not charge the tenant a fee that is more than the reasonable cost of obtaining and administering the insurance purchased under this subsection.

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