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4, eff. 576, Sec. (f) A landlord who violates this section is liable to the tenant for actual damages, a civil penalty equal to the amount of one month's rent plus $500, and attorney's fees. 92.051. 938, Sec. (g) A smoke alarm that is in good working order at the beginning of a tenant's possession is presumed to be in good working order until the tenant requests repair of the smoke alarm as provided by this subchapter. 794, Sec. 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). Sec. 1, eff. 3, eff. for non-profit, educational, and government users. Aug. 26, 1985. (a) A landlord's liability under this section is subject to Section 92.052(b) regarding conditions that are caused by a tenant and Section 92.054 regarding conditions that are insured casualties. (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. (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. (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. 15, eff. The justice may defer payment of the tenant's filing fees and service costs for the sworn complaint for restoration of utility service and writ of restoration of utility service. (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. (k) For purposes of Subsection (j), "significant financial loss of income" means a reduction of 10 percent or more of the tenant's household income caused by the tenant's military service. AGENT FOR DELIVERY OF NOTICE. 576, Sec. (2) more than once during a rental payment period. The reletting fee (not a "relenting fee") is a sum you pay to the landlord to cover the expenses incurred in reletting your apartment in the event you break your lease and move out before. Sec. Jan. 1, 1984. (h) A tenant's right to a jury trial in an action brought under this chapter may not be waived in a lease or other written agreement. The landlord has a defense to liability under Section 92.259 if: (1) on the date the tenant gives the notice required by Section 92.259 the tenant has not paid all rent due from the tenant; or. Acts 1983, 68th Leg., p. 3631, ch. 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. 9, eff. 92.016. 869, Sec. (3) For conditions other than those specified in Subdivision (2) of this subsection, if the new landlord acquires title as described in this subsection and has notified the tenant of the name and address of the new landlord or the new landlord's authorized agent and if the tenant has not already contracted for the repair or remedy at the time the tenant is so notified, the tenant must deliver to the new landlord a written notice of intent to repair or remedy the condition, and the new landlord shall have a reasonable time to complete the repair before the tenant may repair or remedy the condition. Amended by Acts 1989, 71st Leg., ch. Sec. (10) "Rekey" means to change or alter a security device that is operated by a key, card, or combination so that a different key, card, or combination is necessary to operate the security device. (a) A representative of the estate of a tenant who dies before the expiration of the tenant's lease and was, at the time of the tenant's death, the sole occupant of a rental dwelling may terminate the tenant's rights and obligations under the lease and may vacate the leased premises and avoid liability for future rent and any other sums due under the lease for terminating the lease and vacating the leased premises before the end of the lease term if: (1) the representative provides to the landlord or the landlord's agent written notice of the termination of the lease under this section; (2) the deceased tenant's property is removed from the leased premises in accordance with Section 92.014(c) or (d); and. January 1, 2008. 92.204. Sec. Sec. (4) court costs and attorney's fees arising from any related cause of action by the tenant against the landlord. Sec. (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. In this subchapter: (1) "Bedroom" means a room designed with the intent that it be used for sleeping purposes. Added by Acts 2003, 78th Leg., ch. Sec. Jan. 1, 1984. Sec. (g) A landlord is liable for any damage to a tenant's vehicle resulting from the negligence of a towing service that contracts with the landlord or the landlord's agent to remove vehicles that are parked in violation of the landlord's rules and policies if the towing company that caused the damage does not carry insurance that covers the damage. Acts 1983, 68th Leg., p. 3630, ch. (2) if an adult whose occupancy causes a violation of Subsection (a) is seeking temporary sanctuary from family violence, as defined by Section 71.004, Family Code, for a period that does not exceed one month. 1, eff. (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. 1, eff. Except as provided by Section 92.164(a)(1) or 92.165(1) regarding the remedy of repair-and-deduct, a tenant may not remove, change, rekey, replace, or alter a security device or have it removed, changed, rekeyed, replaced, or altered without permission of the landlord. Texas law allows landlords to charge tenants for costs related to filling a vacancy left when a tenant terminates a lease without just cause. 3167), Sec. The same if you're forced to move out because of lease violations. (e) If the requirements of Subsection (d) of this section are met, a tenant may: (1) have the condition repaired or remedied immediately following the tenant's notice of intent to repair if the condition involves sewage or flooding as referred to in Paragraph (A) of Subdivision (3) of Subsection (d) of this section; (2) have the condition repaired or remedied if the condition involves a cessation of potable water as referred to in Paragraph (A) of Subdivision (3) of Subsection (d) of this section and if the landlord has failed to repair or remedy the condition within three days following the tenant's delivery of notice of intent to repair; (3) have the condition repaired or remedied if the condition involves inadequate heat or cooled air as referred to in Paragraph (C) of Subdivision (3) of Subsection (d) of this section and if the landlord has failed to repair the condition within three days after delivery of the tenant's notice of intent to repair; or. 1, eff. Sec. Amended by Acts 1995, 74th Leg., ch. (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. RETALIATION BY LANDLORD. 322 (H.B. 48, Sec. 826, Sec. TENANT REMEDIES. Sec. (d-1) The notice in Subsection (d)(2) must be in a separate document furnished to the tenant after the landlord has discovered that the tenant has disconnected or damaged the smoke alarm or removed a battery from it. Sept. 1, 1999. On receipt of an affidavit, the justice shall issue a show cause order, directing the person to appear on a designated date and show cause why he should not be adjudged in contempt of court. APPLICATION. Re: Reletting Charge. This is also known as assignment of the lease to a new party. 5, eff. (2) be installed in a door with a metal doorjamb that serves as the strike plate. 1, Sept. 1, 1995. (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. The landlord may satisfy that burden of proof by providing evidence that the landlord: (1) delivered the notice by certified mail, return receipt requested, addressed to the tenant at the tenant's dwelling; or. 1, eff. 1, eff. January 1, 2022. (d) A landlord to whom Subsection (a) does not apply must provide to a tenant a telephone number for the purpose of reporting emergencies described by that subsection. 31.01(71), eff. You can't make the best decision for your situation until you . Sec. Jan. 1, 1996. 1, eff. 1205, Sec. Sec. (2) the person against whom the action is filed knew or should have known of the conviction or adjudication. (C) by a metal bar or metal tube that is placed across the entire interior side of the door and secured in place at each end of the bar or tube by heavy-duty metal screw hooks. (f) A landlord who intentionally prevents a tenant from entering the tenant's dwelling under Subsection (b)(3) must provide the tenant with a key to the changed lock on the dwelling without regard to whether the tenant pays the delinquent rent. 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. * Quality assurance program Family owned and operated Realistic estimates 100% satisfaction guaranteed (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. PRESUMPTION OF REFUND OR ACCOUNTING. 92.354. Acts 1983, 68th Leg., p. 3631, ch. Sec. (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. 92.0162. (a) A landlord may not remove a door, window, or attic hatchway cover or a lock, latch, hinge, hinge pin, doorknob, or other mechanism connected to a door, window, or attic hatchway cover from premises leased to a tenant or remove furniture, fixtures, or appliances furnished by the landlord from premises leased to a tenant unless the landlord removes the item for a bona fide repair or replacement. 1, eff. 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. 576, Sec. It also means a "dwelling" as defined by Section 92.001. (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. 952, Sec. texas property code reletting fee. (a) In this section, "occupant" has the meaning assigned by Section 92.016. 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 917 (H.B. 92.333 by Acts 1997, 75th Leg., ch. harp funeral notices merthyr tydfil best owb holster for s&w governor texas property code reletting fee. 221 (H.B. Most leases in Texas are written for initial fixed terms, usually 12 months. 189 (S.B. January 1, 2014. Charging a reletting (early termination) fee by Anonymous (Texas) on May 13, 2014 @14:19 Share | Is it legal (or common practice) to charge a reletting fee if: a) the tenant gave a few months' notice and b) the new tenant moved in the same day the previous tenant moved out and c) the new tenant was found with no financial cost to the landlord? (a) This subchapter does not apply to: (1) a room in a hotel, motel, or inn or to similar transient housing; (2) residential housing owned or operated by a public or private college or university accredited by a recognized accrediting agency as defined under Section 61.003, Education Code; (3) residential housing operated by preparatory schools accredited by the Texas Education Agency, a regional accrediting agency, or any accrediting agency recognized by the commissioner of education; or. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. (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. Jan. 1, 1984. (a) A landlord shall give prior written notice to a tenant regarding a landlord rule or policy change that is not included in the lease agreement and that will affect any personal property owned by the tenant that is located outside the tenant's dwelling. 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. January 1, 2016. (3) changing the door locks on the door to the tenant's individual unit of a tenant who is delinquent in paying at least part of the rent. (g) Except as provided by Subsection (h), a fee collected under this section is a security deposit for purposes of this chapter. 1, eff. Sec. 1168), Sec. (b) The landlord may not retain any portion of a security deposit to cover normal wear and tear. 2, eff. Understanding the Law DEFINITIONS. 1, eff. (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 tenant remedies under this section are effective on the date the tenant has notice from the utility company of a future cutoff or notice of an actual cutoff, whichever is sooner. Sec. 2, eff. 257 (H.B. Amended by Acts 1993, 73rd Leg., ch. 869, Sec. 92.335. Sept. 1, 1993. January 1, 2020. (4) a living unit in an apartment, condominium, cooperative, or townhome project. LIABILITY OF TENANT FOR GOVERNMENTAL FINES. Section 92.019 Late Payment of Rent; Fees, 92.334 by Acts 1997, 75th Leg., ch. 1371), Sec. 917 (H.B. Sec. 946), Sec. 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. Aug. 31, 1987. 3, eff. (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. Added by Acts 1993, 73rd Leg., ch. 92.263. 1, eff. 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. 92.106. HEIGHT, STRIKE PLATE, AND THROW REQUIREMENTS--KEYED DEAD BOLT OR KEYLESS BOLTING DEVICE. 917 (H.B. (3) tested and listed for use as a smoke alarm by Underwriters Laboratories, Inc., Factory Mutual Research Corporation, or United States Testing Company, Inc. (a-1) If requested by a tenant as an accommodation for a person with a hearing-impairment disability or as required by law as a reasonable accommodation for a person with a hearing-impairment disability, a smoke alarm must, in addition to complying with Subsection (a), be capable of alerting a hearing-impaired person in the bedrooms it serves. 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. September 1, 2011. January 1, 2020. (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. 23.011, eff. 1, eff. Sec. Sec. Added by Acts 1995, 74th Leg., ch. 92.153. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING CERTAIN SEX OFFENSES OR STALKING. (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. Sept. 1, 1993. (c) Subsection (a) does not apply to a real estate mortgage lienholder who acquires title by foreclosure. 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. (3) "Exterior door" means a door providing access from a dwelling interior to the exterior. The writ of reentry must notify the landlord of the right to a hearing. If a landlord does not comply with a tenant's request regarding rekeying, changing, adding, repairing, or replacing a security device under Section 92.156(b), 92.157, or 92.158 in accordance with the time limits and other requirements of this subchapter, the tenant may: (1) install, repair, change, replace, or rekey the security devices as required by this subchapter and deduct the reasonable cost of material, labor, taxes, and extra keys from the tenant's next rent payment in accordance with Section 92.166; (2) unilaterally terminate the lease without court proceedings; and. 0. (b) The tenant shall notify the landlord in writing of any change in the tenant's primary residence address. (o) A landlord may not interrupt or cause the interruption of electric service under Subsection (h) for any of the following reasons: (1) a delinquency in payment for electric service furnished to a previous tenant; (2) failure to pay non-electric bills, rent, or other fees; (3) failure to pay electric bills that are six or more months delinquent; or. (b) Disclosure to a tenant under Subsection (a) must be made by: (1) giving the information in writing to the tenant on or before the seventh day after the day the landlord receives the tenant's request for the information; (2) continuously posting the information in a conspicuous place in the dwelling or the office of the on-site manager or on the outside of the entry door to the office of the on-site manager on or before the seventh day after the date the landlord receives the tenant's request for the information; or. (C) an advocate as defined by Section 93.001, Family Code, who assisted the victim. The copy of the rules or policies must be: (2) included in a lease agreement signed by the tenant; or. January 1, 2010. BAD FAITH VIOLATION. (c) Affidavits under this section may delay repair by the tenant for: (1) 15 days if the landlord's failure to repair is caused by a delay in obtaining necessary parts for which the landlord is not at fault; or. 10, eff. A landlord who violates this section shall be liable to the tenant for all judicial remedies under Section 92.0563 except that the civil penalty under Subdivision (3) of Subsection (a) of Section 92.0563 shall be one month's rent plus $1,000. 1186), Sec. Acts 2009, 81st Leg., R.S., Ch. (b) A landlord may require a tenant to pay for repair or replacement of a security device if an underlined provision in a written lease authorizes the landlord to do so and the repair or replacement is necessitated by misuse or damage by the tenant, a member of the tenant's family, an occupant, or a guest, and not by normal wear and tear. (c) The justice, county, and district courts have concurrent jurisdiction in an action under Subsection (a). January 1, 2016. 92.202. (3) after the tenant gives a repair notice to the landlord and after 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. 650, Sec. 1120), Sec. This subchapter does not impose obligations on a landlord or tenant other than those expressly stated in this subchapter. The reconnection fee must be computed based on the average cost to the landlord for the expenses associated with the reconnection, but may not exceed $10. 92.110. 1, eff. Acts 2017, 85th Leg., R.S., Ch. NOTICE OF RULE OR POLICY CHANGE AFFECTING TENANT'S PERSONAL PROPERTY.