(l) A deferred payment plan for the purposes of this section must be in writing. Sept. 1, 1989. (2) the landlord has given notice to the tenant that the landlord intends to exercise the landlord's remedies under this subchapter if the tenant does not reconnect, repair, or replace the smoke alarm or replace the removed battery within seven days after being notified by the landlord to do so. Sec. 1367), Sec. WHEN TENANT'S REQUEST OR NOTICE MUST BE IN WRITING. Sec. (n) If a delinquent electric bill is paid, or a deferred payment plan is entered into, during normal business hours, the landlord shall reconnect the tenant's electric service within two hours of payment or entry into the deferred payment plan. (C) enter or exit a vehicle on the leased premises or located in a parking area provided by the landlord for tenants or guests. 1439, Sec. 1, eff. (a) If a landlord has locked a tenant out of leased premises in violation of Section 92.0081, the tenant may recover possession of the premises as provided by this section. (j) A landlord may not submit a claim for damages or unpaid rent to an insurer for insurance described by Subsection (e) unless the landlord notifies the tenant of the damages or unpaid rent indebtedness not later than the 30th day after the date the tenant surrendered possession of the dwelling. (i) A landlord may not charge a tenant for normal wear and tear of a dwelling. Jan. 1, 1996. Jan. 1, 1996. So you may not have to pay much, if any additional rent, if you break your lease. (a) A landlord shall disclose to a tenant, or to any government official or employee acting in an official capacity, according to this subchapter: (1) the name and either a street or post office box address of the holder of record title, according to the deed records in the county clerk's office, of the dwelling rented by the tenant or inquired about by the government official or employee acting in an official capacity; and. SUBCHAPTER E. DISCLOSURE OF OWNERSHIP AND MANAGEMENT. Added by Acts 1989, 71st Leg., ch. BURDEN OF PROOF. If the person disobeyed the writ before receiving the show cause order but has complied with the writ after receiving the order, the justice may find the person in contempt and assess punishment under Section 21.002(c), Government Code. There is always an early . Sec. Jan. 1, 1996. Sec. Jan. 1, 1998. Jan. 1, 1984. (g) eff. (b) If a smoke alarm powered by battery has been installed in a dwelling unit built before September 1, 1987, in compliance with this subchapter and local ordinances, a local ordinance may not require that a smoke alarm powered by alternating current be installed in the unit unless: (1) the interior of the unit is repaired, remodeled, or rebuilt at a projected cost of more than $5,000 and: (A) the repair, remodeling, or rebuilding requires a municipal building permit; and, (i) the repair, remodeling, or rebuilding results in the removal of interior walls or ceiling finishes exposing the structure; or. 1, eff. Acts 1983, 68th Leg., p. 3637, ch. Jan. 1, 1998. Amended by Acts 2003, 78th Leg., ch. Sept. 1, 1993. (j) A person who receives information under Subsection (c), (c-1), or (d) may not disclose the information to any other person except for a legitimate or customary business purpose or as otherwise required by law. 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. (2) "Door viewer" means a permanently installed device in an exterior door that allows a person inside the dwelling to view a person outside the door. Re-letting the property voids the original lease, and releases the original tenant from any continuing obligations. Sec. Amended by Acts 1989, 71st Leg., ch. TENANT REMEDIES FOR LANDLORD'S FAILURE TO INSTALL OR REKEY CERTAIN SECURITY DEVICES. (5) unilateral termination of the lease without a court proceeding. 1, eff. (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. One-half of the central plate must overlap the interior surface of the door and the other half of the central plate must overlap the doorjamb when the plate is placed over the doorjamb restraint. (g) A keyed dead bolt or a doorknob lock is not required to be installed at the landlord's expense on an exterior door if at the time the tenant agrees to lease the dwelling: (1) at least one exterior door usable for normal entry into the dwelling has both a keyed dead bolt and a keyless bolting device, installed in accordance with the height, strike plate, and throw requirements of Section 92.154; and. . 1414), Sec. HARASSMENT. Acts 1983, 68th Leg., p. 3631, ch. (c) Subsection (a) does not apply to a real estate mortgage lienholder who acquires title by foreclosure. Acts 1983, 68th Leg., p. 3652, ch. (4) "Deposited" means deposited in an account of the landlord or the landlord's agent in a bank or other financial institution. January 1, 2008. January 1, 2016. 2, eff. Mark as helpful. Jan. 1, 1984. (e) A correction to the information may be made by any of the methods authorized for providing the information. * Quality assurance program Family owned and operated Realistic estimates 100% satisfaction guaranteed (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 waiver under this section must be signed and in writing in a document separate from the lease and must comply with federal law. (b) Except as provided in Subsection (c), a landlord of a tenant who is liable under Subsection (a) may obtain a judgment against the tenant for damages suffered by the landlord because the tenant removed a battery from a smoke alarm without immediately replacing it with a working battery or knowingly disconnected or intentionally damaged the smoke alarm, causing it to malfunction. 869, Sec. 6, eff. (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. (2) a copy of documentation of the family violence against the tenant or an occupant from: (A) a licensed health care services provider who examined the victim; (B) a licensed mental health services provider who examined or evaluated the victim; or. Acts 2019, 86th Leg., R.S., Ch. (2) checking to ensure the fire extinguisher gauge or pressure indicator indicates the correct pressure as recommended by the manufacturer of the fire extinguisher. (e) This section does not apply if notice is actually hand delivered to and received by a person occupying the leased premises. (2) the fee is used to purchase insurance coverage for damages and unpaid rent for which the tenant is legally liable under the lease or as a result of breaching the lease. 92.166. Following delivery of the affidavit, the landlord must continue diligent efforts to repair or remedy the condition. Acts 1983, 68th Leg., p. 3631, ch. (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. LIABILITY OF CERTAIN GUARANTORS UNDER LEASE. If a municipality or a county revokes a certificate of occupancy for a leased premises because of the landlord's failure to maintain the premises, the landlord is liable to a tenant who is not in default under the lease for: (1) the full amount of the tenant's security deposit; (2) the pro rata portion of any rental payment the tenant has paid in advance; (3) the tenant's actual damages, including any moving costs, utility connection fees, storage fees, and lost wages; and. 3, eff. The landlord has a duty to mitigate its damages and try to re-let the apartment but this can be difficult to enforce. (b) The tenant shall notify the landlord in writing of any change in the tenant's primary residence address. (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. January 1, 2008. Acts 1983, 68th Leg., p. 3634, ch. 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. 1, eff. January 1, 2008. NOTICE FOR TERMINATING CERTAIN TENANCIES. Added by Acts 2005, 79th Leg., Ch. 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. 7, eff. 576, Sec. Sec. 576, Sec. (16) "Window latch" means a device on a window that prevents the window from being opened and that is operated without a key and only from the interior. 869, Sec. 92.023. 92.203. Sec. However, this subchapter does not prohibit the adoption of a local ordinance that conforms to this subchapter but which contains additional enforcement provisions. 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. LANDLORD AND TENANT CHAPTER 91. 16, eff. Acts 1983, 68th Leg., p. 3635, ch. (c) Repealed by Acts 2009, 81st Leg., R.S., Ch. Sec. (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. A repair bill and receipt may be the same document. (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. (a) Before returning a security deposit, the landlord may deduct from the deposit damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease. (f) If an applicant requests a landlord to mail a refund of the applicant's application fee to the applicant, the landlord shall mail the refund check to the applicant at the address furnished by the applicant. 92.353. 92.024. Sec. Acts 1983, 68th Leg., p. 3650, ch. (f) Except as provided by Subsection (g), this section does not affect a tenant's liability for delinquent, unpaid rent or other sums owed to the landlord before the lease was terminated by the tenant under this section. Sept. 1, 1987. 92.203. 826, Sec. Sec. Acts 2011, 82nd Leg., R.S., Ch. You can't make the best decision for your situation until you . (4) court costs and attorney's fees arising from any related cause of action by the tenant against the landlord. September 1, 2011. How much does it cost to break a lease in Texas? Sept. 1, 1995; Acts 1995, 74th Leg., ch. 576, Sec. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1072 (H.B. June 17, 2005, except Subsec. WAIVER. 588 (S.B. 92.016. Sec. (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 92.162. (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. TEXAS ATTORNEY ONLYwith current bar passed and licensed.What are limitations surrounding Reletting Fees? January 1, 2016. (a) For purposes of this section: (1) "Family violence" has the meaning assigned by Section 71.004, Family Code. REJECTION OF APPLICANT. 1, eff. (a) For purposes of this section, "dependent," "military service," and "servicemember" have the meanings assigned by 50 App. The reletting . A landlord has a defense to liability under Section 92.202 or 92.203 if the tenant owes rent on the date the tenant gives a notice required by either of those sections. 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).". 744, Sec. 92.102. 2, eff. Acts 2015, 84th Leg., R.S., Ch. January 1, 2014. STATEMENT OF LATE FEES. 534), Sec. (c-2) Notwithstanding Subsection (c-1), a municipal housing authority located in a municipality that has a population of more than 500,000 and is not more than 50 miles from an international border, or a public facility corporation, affiliate, or subsidiary of the authority, may require that vehicles parked in a community of the authority, corporation, affiliate, or subsidiary be registered with the housing authority. TENANT'S RIGHT TO SUMMON POLICE OR EMERGENCY ASSISTANCE. January 1, 2016. 10.1 Your Responsibility. Acts 1983, 68th Leg., p. 3651, ch. 92.258. (d) If there is more than one tenant on a lease, the landlord is not required under this section to send notices to the primary residence of more than one tenant. 348 (S.B. TENANT REMEDIES. 92.055. Jan. 1, 1984. WAIVER OR EXPANSION OF DUTIES AND REMEDIES. 17.001(b), eff. Renumbered from Sec. June 20, 2003. (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. September 1, 2017. 1, eff. (C) explaining the remedies available to the tenant for the landlord's failure to comply. 1198 (S.B. 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%). RETALIATION BY LANDLORD. 1, eff. (C) an advocate as defined by Section 93.001, Family Code, who assisted the victim. 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). Sec. (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. SMOKE ALARM. (b) An eviction or lease termination based on the following circumstances, which are valid grounds for eviction or lease termination in any event, does not constitute retaliation: (1) the tenant is delinquent in rent when the landlord gives notice to vacate or files an eviction action; (2) the tenant, a member of the tenant's family, or a guest or invitee of the tenant intentionally damages property on the premises or by word or conduct threatens the personal safety of the landlord, the landlord's employees, or another tenant; (3) the tenant has materially breached the lease, other than by holding over, by an action such as violating written lease provisions prohibiting serious misconduct or criminal acts, except as provided by this section; (4) the tenant holds over after giving notice of termination or intent to vacate; (5) the tenant holds over after the landlord gives notice of termination at the end of the rental term and the tenant does not take action under Section 92.331 until after the landlord gives notice of termination; or. (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. Code Ann. LANDLORD LIABILITY AND TENANT REMEDIES; NOTICE AND TIME FOR REPAIR. (a) A party who prevails in a suit brought under this subchapter or Subchapter B, E, or F may recover the party's costs of court and reasonable attorney's fees in relation to work reasonably expended. 4, eff. 1, eff. 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. (d) A landlord of a tenant who is liable under Subsection (a) may obtain or exercise one or more of the remedies in Subsection (e) if: (1) a lease between the landlord and tenant contains a notice, in underlined or boldfaced print, which states in substance that the tenant must not disconnect or intentionally damage a smoke alarm or remove the battery without immediately replacing it with a working battery and that the tenant may be subject to damages, civil penalties, and attorney's fees under Section 92.2611 of the Property Code for not complying with the notice; and. (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. 1, eff. texas property code reletting fee texas property code reletting fee (2) "Dwelling unit" means a home, mobile home, duplex unit, apartment unit, condominium unit, or any dwelling unit in a multiunit residential structure. (c) A fire extinguisher that satisfies the inspection requirements of Subsection (b) at the beginning of a tenant's possession is presumed to be in good working order until the tenant requests an inspection in writing. 2, eff. Reletting is your best bet if you have a special circumstance (i.e. A managing agent, leasing agent, or resident manager is the agent of the landlord for purposes of notice and other communications required or permitted by this subchapter. Added by Acts 1989, 71st Leg., ch. Acts 1983, 68th Leg., p. 3632, ch. HOA fees are considered "debts" under the FDCPA, and homeowners are protected "consumers." Ladick v. Van Gemert, 146 F. 3d 1205 (10th Cir.1998); Thies v. (13) "Sliding door pin lock" means a lock on a sliding glass door that consists of a pin or nail inserted from the interior side of the door at the side opposite the door's handle and that is designed to prevent the door from being opened or lifted. Sec. 1, eff. 1, eff. Sec. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING CERTAIN DECISIONS RELATED TO MILITARY SERVICE. 651 (H.B. Amended by Acts 1985, 69th Leg., ch. (2) a copy of an appropriate government document providing evidence of the tenant's entrance into military service if Subsection (b)(1) applies or a copy of the servicemember's military orders if Subsection (b)(2) applies. 4, eff. The fee for single family rental properties is $43 annually. (3) a nursing or convalescent home licensed by the Department of State Health Services and certified to meet the Life Safety Code under federal law and regulations. 1, eff. (3) not later than the third day after the date of receipt of the tenant's request, provided the tenant with a written notice: (A) stating that the management company or managing agent has taken the actions in Subdivisions (1) and (2); (B) stating that the owner has not provided or will not provide the necessary funds; and. Renumbered from Sec. The landlord may file subsequent affidavits, provided that the total delay of the repair or remedy extends no longer than six months from the date the landlord delivers the first affidavit to the tenant. A managing agent or an agent to whom rent is regularly paid, whether residing or maintaining an office on-site or off-site, is the agent of the landlord for purposes of notice and other communications required or permitted by this subchapter. (b) If the landlord makes the notice available under Subsection (a), the applicant shall sign an acknowledgment indicating the notice was made available. Jan. 1, 1984. 1414), Sec. (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. (C) refund the tenant's security deposit, less lawful deductions, to the person designated under Subdivision (1). 92.351. Subchapter E - Texas Property Code Subchapter E. Disclosure of Ownership and Management Sec. Added by Acts 1995, 74th Leg., ch. (3) of the charges for each option described by Subdivision (1) or (2). (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. (b) If written notice of the name and business street address of the company that manages the dwelling has been given to the tenant, the management company is the owner's sole agent for service of process. In addition: (1) if the dwelling unit is designed to use a single room for dining, living, and sleeping, the smoke alarm must be located inside the room; (2) if multiple bedrooms are served by the same corridor, at least one smoke alarm must be installed in the corridor in the immediate vicinity of the bedrooms; and. Sec. 869, Sec. The reletting fee is typically 150% of one month's rent. (l) The fee for filing a sworn complaint for reentry is the same as that for filing a civil action in justice court. 1, 3, eff. (c) A security device required by Subsection (a) or (b) must be installed at the landlord's expense. (k) If the landlord repairs or remedies the condition or delivers an affidavit for delay under Section 92.0562 to the tenant after the tenant has contacted a repairman but before the repairman commences work, the landlord shall be liable for the cost incurred by the tenant for the repairman's trip charge, and the tenant may deduct the charge from the tenant's rent as if it were a repair cost. Answered on 9/10/03, 6:42 pm. 942, Sec. If you do not meet the selection criteria, or if you provide inaccurate or incomplete information, your application may be rejected and your application fee will not be refunded.". (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. (4) the fee, unless otherwise specified, is not paying for insurance that covers the tenant or otherwise changes the tenant's obligation to pay rent and damages beyond normal wear and tear. 1, eff. Aug. 26, 1985. DEFINITIONS. Acts 2009, 81st Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. (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. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1997. (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. January 1, 2014. Understanding the Law (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. 576, Sec. Re: Reletting Fee. 92.202. 2, eff. 48, Sec. Acts 2009, 81st Leg., R.S., Ch. 2404), Sec. A provision of a rental application that purports to waive a right or exempt a party from a liability or duty under this subchapter is void. The current agreement is ending on 1 June 2021, but the tenant has purchased a property and wants to vacate on 1 May 2021. The term does not include a kitchen, dining room, bathroom, living room, utility room, or closet or storage area of a dwelling. This subchapter applies to all residential leases. Jan. 1, 1984. 1367), Sec. 225 (S.B. 1109), Sec. (g) A party may appeal from the court's judgment at the hearing on the sworn complaint for reentry in the same manner as a party may appeal a judgment in a forcible detainer suit.

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