Acts 2019, 86th Leg., R.S., Ch. 357, Sec. LIABILITY OF LANDLORD. 475, Sec. (e) The landlord has met the duty to inspect and repair if the smoke alarm is in good working order after the landlord tests the smoke alarm with smoke, operates the testing button on the smoke alarm, or follows other recommended test procedures of the manufacturer for the particular model. (r) Subject to this subsection, a reconnection fee may be applied if electric service to the tenant is disconnected for nonpayment of bills under Subsection (h). The Texas Property Code, 92.101 - 92.109, protects the right of renters regarding their security deposit. The tenant shall have the burden of pleading and proving a knowing violation. (d) A landlord may not intentionally prevent a tenant from entering the leased premises under Subsection (b)(3) unless: (1) the landlord's right to change the locks because of a tenant's failure to timely pay rent is placed in the lease; (2) the tenant is delinquent in paying all or part of the rent; and. Sec. The fair market rent shall be determined by the governmental agency subsidizing the rent, or in the absence of such a determination, it shall be a reasonable amount of rent under the circumstances. (a) Subject to Subsections (b) and (c), a smoke alarm must be installed according to the manufacturer's recommended procedures. 1, eff. 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). 92.058. 357, Sec. 92.021. (b) If the dwelling has French doors, one door of each pair of French doors must meet the requirements of Subsection (a) and the other door must have: (1) a keyed dead bolt or keyless bolting device capable of insertion into the doorjamb above the door and a keyless bolting device capable of insertion into the floor or threshold, each with a bolt having a throw of one inch or more; or. (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. Jan. 1, 1996. (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. (b) If the tenant's lease is in writing, the lease may require the tenant's initial request for information to be written. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. To rebut that presumption, the date on which the landlord received the tenant's notice, the severity and nature of the condition, and the reasonable availability of materials and labor and of utilities from a utility company must be considered. 92.204. INTERRUPTION OF UTILITIES. Jan. 1, 1996; Acts 1995, 74th Leg., ch. Sec. LIABILITY FOR LEASING TO PERSON WITH CRIMINAL RECORD. (a) A landlord has a duty to mitigate damages if a tenant abandons the leased premises in violation of the lease. 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. However, if the tenant's rent is subsidized in whole or in part by a governmental agency, the deduction limitation of one month's rent shall mean the fair market rent for the dwelling and not the rent that the tenant pays. (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. If your tenant leaves early and you have found a new tenant, the previous tenant is not obliged to pay for the remainder of the rent. Another good online resource for tenants can be found at www.texaslawhelp.org. LANDLORD'S DEFENSE. An owner of real property who files a notice of appeal of a judgment of a justice court to the county court perfects the owner's appeal and stays the effect of the judgment without the necessity of posting an appeal bond. 1, eff. WAIVER. (f) A tenant's guest or invitee who suffers damage because of a landlord's failure to install, inspect, or repair a smoke alarm as required by this subchapter may recover a judgment against the landlord for the damage. LIABILITY OF TENANT FOR GOVERNMENTAL FINES. (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. (2) all other exterior doors have a keyless bolting device installed in accordance with the height, strike plate, and throw requirements of Section 92.154. Acts 1983, 68th Leg., p. 3630, ch. (C) explaining the remedies available to the tenant for the landlord's failure to comply. January 1, 2008. January 1, 2010. Jan. 1, 1984. 1, 3, eff. (4) documentation of a protective order issued under Subchapter A, Chapter 7B, Code of Criminal Procedure, except for a temporary ex parte order. (4) a living unit in an apartment, condominium, cooperative, or townhome project. 1, eff. In addition to court costs and reasonable attorney's fees, a tenant who prevails under this subsection may recover from the landlord the greater of one month's rent or $500 for each violation of this section. Categories craigslist phoenix jobs general labor. Sept. 1, 1997. (d) For purposes of Subsection (b)(3) or (4), in determining whether a period of time is a reasonable time to repair or remedy a condition, there is a rebuttable presumption that seven days is a reasonable time. Sec. TENANT REMEDIES. Termination of a lease under this subsection is effective when the tenant surrenders possession of the dwelling. 91.006 - This regulation works in your favor. September 1, 2019. (C) an advocate as defined by Section 93.001, Family Code, who assisted the victim. 744, Sec. Sec. (e-1) A landlord who changes the locks or otherwise prevents a tenant from entering the tenant's individual rental unit may not change the locks or otherwise prevent a tenant from entering a common area of residential rental property. (d) Except as provided by Subsection (f), 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. (2) a tenant has notified the landlord that the tenant has used the fire extinguisher for a legitimate purpose. January 1, 2010. (c-1) If the tenant is a victim or a parent or guardian of a victim of stalking under Section 42.072, 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 a protective order issued under Subchapter A or B, Chapter 7B, Code of Criminal Procedure, except for a temporary ex parte order; or. (2) impose monetary or other penalties on a tenant who summons police or emergency assistance if the assistance was requested or dispatched based on the tenant's reasonable belief that an individual was in need of intervention or emergency assistance. 683, Sec. (11) "Security device" means a doorknob lock, door viewer, keyed dead bolt, keyless bolting device, sliding door handle latch, sliding door pin lock, sliding door security bar, or window latch in a dwelling. Added by Acts 2009, 81st Leg., R.S., Ch. SECURITY DEPOSIT. Sec. Sept. 1, 1993; Acts 1995, 74th Leg., ch. (2) 30 days if the landlord's failure to repair is caused by a general shortage of labor or materials for repair following a natural disaster such as a hurricane, tornado, flood, extended freeze, or widespread windstorm. DEFINITIONS. In any litigation under this subsection, the prevailing party shall recover reasonable attorney's fees from the nonprevailing party. In addition, LANDLORD'S DUTY TO REPAIR OR REPLACE SECURITY DEVICE. 92.111. 1186), Sec. Even if the dwelling is not in a 100-year floodplain, the dwelling may still be susceptible to flooding. 257 (H.B. LANDLORD'S FAILURE TO INSTALL, INSPECT, OR REPAIR. (f) If a landlord, after being furnished with a copy of this subchapter, knowingly violates Subsection (c), the landlord shall be liable to the estate of the deceased tenant for actual damages. 92.053. (c) A reasonable time for purposes of Subsections (a) and (b) is presumed to be not later than 72 hours after the time of receipt of the tenant's request and any required advance payment if at the time of making the request the tenant informed the landlord that: (1) an unauthorized entry occurred or was attempted in the tenant's dwelling; (2) an unauthorized entry occurred or was attempted in another unit in the multiunit complex in which the tenant's dwelling is located during the two months preceding the date of the request; or. Sec. 48, Sec. 1, eff. EFFECT ON OTHER LANDLORD DUTIES AND TENANT REMEDIES. Sept. 1, 1987. January 1, 2014. If you break the lease, you are responsible for the re-letting fee plus rent until the apartment is re-let. (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. 576, Sec. 869, Sec. Answered on 9/10/03, 6:42 pm. Sec. 969 (H.B. Sept. 1, 1995. 1, eff. 2, eff. (e) Except as provided in Subsection (f), a tenant to whom a landlord is liable under Subsection (b) of this section may: (2) have the condition repaired or remedied according to Section 92.0561; (3) deduct from the tenant's rent, without necessity of judicial action, the cost of the repair or remedy according to Section 92.0561; and. Sept. 1, 2003. LANDLORD LIABILITY AND TENANT REMEDIES; NOTICE AND TIME FOR REPAIR. 576, Sec. 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. 946), Sec. 5, eff. (g) If a landlord arrives at the dwelling in a timely manner in response to a tenant's telephone call to the number contained in the notice as described by Subsection (c)(1) and the tenant is not present to receive the key to the changed lock, the landlord shall leave a notice on the front door of the dwelling stating the time the landlord arrived with the key and the street address to which the tenant may go to obtain the key during the landlord's normal office hours. Sec. 92.253. 576, Sec. Sec. (4) the landlord, at the same time the service is interrupted, hand delivers or places on the tenant's front door a written notice that: (A) prominently displays the words "electricity termination notice" or similar language underlined or in bold; and. In Texas the re-let fee cannot exceed 85 percent of your monthly rent. (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. We will always provide free access to the current law. 1715), Sec. (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. Rent delinquency is not a defense for a violation of Section 92.204. Added by Acts 2007, 80th Leg., R.S., Ch. Sec. Texas law governing commercial leases is found in Title 8, Chapter 93 of the Texas Property Code. 2, eff. Total fees vary depending on the situation, and most lease contracts have clauses designed to clarify such details. 7.002(o), eff. teriyaki chicken donburi wagamama . Jan. 1, 1984. 92.0135. 92.008(b) to (f) and amended by Acts 1995, 74th Leg., ch. 1060 (H.B. 744, Sec. POSSESSION OF FIREARMS OR FIREARM AMMUNITION ON LEASED PREMISES. 12, eff. Sec. Sec. (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. 92.1041. 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. Sec. (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. 92.262. Amended by Acts 1989, 71st Leg., ch. (3) file suit against the landlord and obtain a judgment for: (C) punitive damages if the tenant suffers actual damages and the landlord's failure to comply is intentional, malicious, or grossly negligent; Sec. 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).". LANDLORD LIABILITY TO TENANT FOR UTILITY CUTOFF. TENANT REMEDIES FOR LANDLORD'S FAILURE TO INSTALL OR REKEY CERTAIN SECURITY DEVICES. 92.153. 1, eff. Jan. 1, 1984. The request must be a separate document and may not be included as part of a lease agreement. (2) within a reasonable time after receiving a written request by a tenant. Added by Acts 1995, 74th Leg., ch. 2404), Sec. Subletting vs Reletting: Which Is Best For Me? - Apartment Life Acts 2013, 83rd Leg., R.S., Ch. 92.203. (c) Repairs and deductions under this section may be made as often as necessary so long as the total repairs and deductions in any one month do not exceed one month's rent or $500, whichever is greater. 2.63, eff. (5) "Premises" means a tenant's rental unit, any area or facility the lease authorizes the tenant to use, and the appurtenances, grounds, and facilities held out for the use of tenants generally. Added by Acts 2005, 79th Leg., Ch. Sec. Sec. (2) the person against whom the action is filed knew or should have known of the conviction or adjudication. 1, eff. 14, eff. PDF Tenants' Rights Handbook - Texas Tech University In . (e) A landlord who violates this section is liable to the tenant for actual damages, a civil penalty equal in amount to the amount of one month's rent plus $500, and attorney's fees. 1, eff. (2) for a dwelling unit that is a one-family or two-family dwelling unit, installs smoke detectors in compliance with Chapter 766, Health and Safety Code. How does a Reletting fee work in Texas? Reletting a Rental Property A landlord relets a property by having a new tenant sign an entirely new lease. 1, eff. 322 (H.B. (b) A landlord may not intentionally prevent a tenant from entering the leased premises except by judicial process unless the exclusion results from: (1) bona fide repairs, construction, or an emergency; (2) removing the contents of premises abandoned by a tenant; or. RESIDENTIAL TENANT'S RIGHT OF REENTRY AFTER UNLAWFUL LOCKOUT. The duties of a landlord and the remedies of a tenant under this subchapter are in lieu of common law, other statutory law, and local ordinances relating to a residential landlord's duty to install, change, rekey, repair, or replace security devices and a tenant's remedies for the landlord's failure to install, change, rekey, repair, or replace security devices, except that a municipal ordinance adopted before January 1, 1993, may require installation of security devices at the landlord's expense by an earlier date than a date required by this subchapter. 1, eff. 2, eff. (7) "Landlord" means a dwelling owner, lessor, sublessor, management company, or managing agent, including an on-site manager. Jan. 1, 1996. 92.158. (h) A tenant may not waive a tenant's right to terminate a lease before the end of the lease term, vacate the dwelling, and avoid liability under this chapter. January 1, 2020. 357, Sec. (4) court costs and attorney's fees arising from any related cause of action by the tenant against the landlord. (c) If the rules or policies are contained in the lease agreement or an attachment to the lease agreement, the title to the paragraph containing the rules or policies must read "Parking" or "Parking Rules" and be capitalized, underlined, or printed in bold print. (d) A customer is not required to provide the notices described by this section if the customer avoids the disconnection by paying the bill. (6) "Tenant" means a person who is authorized by a lease to occupy a dwelling to the exclusion of others and, for the purposes of Subchapters D, E, and F, who is obligated under the lease to pay rent. January 1, 2020. (m) This section does not affect the rights of a landlord or tenant in a forcible detainer or forcible entry and detainer action. (i) If a landlord violates Subsection (f), the tenant may recover, in addition to the remedies provided by Subsection (h), an additional civil penalty of one month's rent. (c) When deducting for the tenant's payment of the landlord's utility bill under this section, the tenant shall submit to the landlord a copy of a receipt from the utility company which evidences the amount of payment made by the tenant to reconnect or avert cutoff of utilities. 332, Sec. Your written termination notice must include payment of the reletting fee listed in paragraph 28 of your lease agreement. A managing or leasing agent, 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. 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. Property Address Monthly Rent Day of Move Proration Due Date Prorated Rent Texas Homes Realty and Management 21510 Kingsland Blvd #105 Katy, TX 77450 X 2nd X 35.00 10.00 Sample Lease X (2) exempt any party from a liability or a duty under this section. Jan. 1, 1984. (b) A late fee under this section may include an initial fee and a daily fee for each day any portion of the tenant's rent continues to remain unpaid, and the combined fees are considered a single late fee for purposes of this section. January 1, 2006. However, most Acts 1983, 68th Leg., p. 3653, ch. If the tenant's rent payment to the landlord is subsidized in whole or in part by a governmental entity, the civil penalty granted under this section shall reflect the fair market rent of the dwelling plus $500. 17.001(a), eff. (f) Affidavits for delay by a landlord under this section must be submitted in good faith. 917 (H.B. 5, eff. Sec. (l) A deferred payment plan for the purposes of this section must be in writing. 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. (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. For purposes of this subchapter: (1) "Application deposit" means a sum of money that is given to the landlord in connection with a rental application and that is refundable to the applicant if the applicant is rejected as a tenant. (a) Not later than the third business day after the date the lease is signed by each party to the lease, a landlord shall provide at least one complete copy of the lease to at least one tenant who is a party to the lease. NOTICE OF TENANT'S DEDUCTION OF REPAIR COSTS FROM RENT. (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. A security deposit is any advance of money, other than a rental application deposit or an advance payment of rent, that is intended primarily to secure performance under a lease of a dwelling that has been entered into by a landlord and a tenant. 1, eff. Aug. 28, 1995. 1, eff. (g) A party may appeal from the court's judgment at the hearing on the sworn complaint for restoration of utility service in the same manner as a party may appeal a judgment in a forcible detainer suit. (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. (b) After a tenant receives the notice and moves out: (1) the local health officer or building inspector may not allow occupancy of or utility service by separate meter to the rental unit until the officer certifies that he knows of no condition that materially affects the physical health or safety of an ordinary tenant; and. (j) This section does not affect a tenant's right to pursue a separate cause of action under Section 92.0081. (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. (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. (4) the tenant has the right to install or rekey a security device required by this subchapter and deduct the reasonable cost from the tenant's next rent payment, as provided by Subsection (a)(1). (e) This section does not apply if notice is actually hand delivered to and received by a person occupying the leased premises. Sec. 869, Sec. Jan. 1, 1984. During the lease term and any renewal period, a landlord shall repair or replace a security device on request or notification by the tenant that the security device is inoperable or in need of repair or replacement. 92.101. NOTICE OF ELIGIBILITY REQUIREMENTS. (c) The expense of rekeying security devices for purposes of the use or change of the landlord's master key must be paid by the landlord. (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. Acts 1983, 68th Leg., p. 3652, ch. If the blank was filled in for the lease at issue, the landlord can probably claim a reletting fee. (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. (a) In this section: (1) "Customer" means a person who is responsible for bills received for electric utility service or gas utility service provided to nonsubmetered master metered multifamily property. NOTICE REGARDING VEHICLE TOWING OR PARKING RULES OR POLICIES. Added by Acts 2019, 86th Leg., R.S., Ch. (b) If the landlord makes the notice available under Subsection (a), the applicant shall sign an acknowledgment indicating the notice was made available. Added by Acts 2009, 81st Leg., R.S., Ch. RECORDS. 92.020. 18 (S.B. 92.0091. Acts 2015, 84th Leg., R.S., Ch. 92.023. Misuse of or damage to a security device that occurs during the tenant's occupancy is presumed to be caused by the tenant, a family member, an occupant, or a guest. CASUALTY LOSS. Texas Property Code as it applies to landlord and tenant arrangements. (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.". (3) the landlord is expressly required or permitted to periodically check on the well-being or health of the tenant as a part of a written lease or other written agreement. LANDLORD'S DEFENSES. 91.002 by Acts 1987, 70th Leg., ch. This was expected because the tenant kept the property manager well informed throughout the process. 91.002 and amended by Acts 1989, 71st Leg., ch. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING CERTAIN SEX OFFENSES OR STALKING. Sept. 1, 1999. Reletting Fee | Legal Advice - LawGuru
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