Added by Acts 1989, 71st Leg., ch. Total fees vary depending on the situation, and most lease contracts have clauses designed to clarify such details. 16, eff. (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. (b) If the landlord does not provide a written explanation for delay in performing a duty to repair or remedy on or before the fifth day after receiving from the tenant a written demand for an explanation, the landlord has the burden of proving that he made a diligent effort to repair and that a reasonable time for repair did not elapse. (b) Unless otherwise provided in a written lease, a tenant shall provide one duplicate of the key to any key-operated security device installed or rekeyed by the tenant under Section 92.164(a)(1) or 92.165(1) within a reasonable time after the landlord's written request for the key. (a) A landlord may not collect from a tenant a late fee for failing to pay any portion of the tenant's rent unless: (1) notice of the fee is included in a written lease; (3) any portion of the tenant's rent has remained unpaid two full days after the date the rent was originally due. Sec. Acts 2009, 81st Leg., R.S., 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. Added by Acts 2005, 79th Leg., Ch. 92.051. (2) increasing rent or reducing services as part of a pattern of rent increases or service reductions for an entire multidwelling project. 1367), Sec. (b) A tenant may not unilaterally terminate the lease under Subsection (a)(2) or file suit against the landlord to obtain a judgment under Subsection (a)(4) unless the landlord does not comply on or before the seventh day after the date the written request for compliance is received if the lease includes language underlined or in boldface print that in substance provides the tenant with notice that: (1) the landlord at the landlord's expense is required to equip the dwelling, when the tenant takes possession, with the security devices described by Sections 92.153(a)(1)-(4) and (6); (2) the landlord is not required to install a doorknob lock or keyed dead bolt at the landlord's expense if the exterior doors meet the requirements of Section 92.153(f); (3) the landlord is not required to install a keyless bolting device at the landlord's expense on an exterior door if the landlord is expressly required or permitted to periodically check on the well-being or health of the tenant as provided by Section 92.153(e)(3); and. Sec. Texas Property Code as it applies to landlord and tenant arrangements. (b) The affidavit must summarize the reasons for the delay and the diligent efforts made by the landlord up to the date of the affidavit to get the repairs done. Acts 2009, 81st Leg., R.S., Ch. 824 (S.B. 324 (S.B. (2) 48 inches from the floor, if installed on or after September 1, 1993. 1414), Sec. 593 (S.B. Re: Reletting Charge. LIABILITY FOR WITHHOLDING LAST MONTH'S RENT. Notice by mail may be by regular mail, by registered mail, or by certified mail, return receipt requested. (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. 165, Sec. 576, Sec. 257 (H.B. September 1, 2021. 18 (S.B. 92.0162. 357, 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. The landlord has a defense to liability under Section 92.164 if: (1) the tenant has not fully paid all rent then due from the tenant on the date the tenant gives a request under Section 92.157(c) or the notice required by Section 92.164; or. (d) A landlord who fails either to return a security deposit or to provide a written description and itemization of deductions on or before the 30th day after the date the tenant surrenders possession is presumed to have acted in bad faith. (5-a) "Rental application" means a written request made by an applicant to a landlord to lease premises from the landlord. Sec. (d) Termination of a lease under this section is effective: (1) in the case of a lease that provides for monthly payment of rent, on the 30th day after the first date on which the next rental payment is due after the date on which the notice under Subsection (c)(1) is delivered; or. 92.104. The same if you're forced to move out because of lease violations. 4173), Sec. (c) The tenant's claim to the security deposit takes priority over the claim of any creditor of the landlord, including a trustee in bankruptcy. Added by Acts 2015, 84th Leg., R.S., Ch. 3101), Sec. NOTICE FOR DWELLING LOCATED IN FLOODPLAIN. 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 the person should not be adjudged in contempt of court. January 1, 2020. Otherwise, the clerk assesses a penalty of $25 or twice the amount of the normal recording fee, whichever is greater (Texas Property Code, Section 11.003).U pon . texas property code reletting fee. (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. 7, 2021). Unfortunately, many tenants are unaware of this law and do not receive a proper refund of their deposit. (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. 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. (g) A provision of a lease that purports to waive a right or to exempt a party from a liability or duty under this section is void. Amended by Acts 1989, 71st Leg., ch. (a) A cause of action does not accrue against a landlord or a landlord's manager or agent solely for leasing a dwelling to a tenant convicted of, or arrested or placed on deferred adjudication for, an offense. June 17, 2005, except Subsec. 576, Sec. The deferred payment plan must allow the tenant to pay the outstanding electric bill in installments that extend beyond the due date of the next electric bill and must provide that the delinquent amount may be paid in equal installments over a period equal to at least three electric service billing cycles. in the property and pay rent through a specific date, and the landlord is to allow the tenant to . 200, 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. 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. (b) This section does not preclude a cause of action for negligence in leasing of a dwelling by a landlord or a landlord's manager or agent to a tenant, if: (A) was convicted of an offense listed in Article 42A.054, Code of Criminal Procedure; or, (B) has a reportable conviction or adjudication, as defined by Article 62.001, Code of Criminal Procedure; and. Sec. 1, eff. Jan. 1, 1996; Acts 1995, 74th Leg., ch. LANDLORD'S DUTY TO REPAIR OR REPLACE SECURITY DEVICE. 92.1041. (2) payable at the time each rent payment is due during the lease. Subchapter E - Texas Property Code Subchapter E. Disclosure of Ownership and Management Sec. 92.025. 9, eff. (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. Redesignated from Property Code Sec. 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. LANDLORD'S AGENT FOR SERVICE OF PROCESS. 3, eff. (a) A landlord may not: (1) prohibit or limit a residential tenant's right to summon police or other emergency assistance based on the tenant's reasonable belief that an individual is in need of intervention or emergency assistance; or. (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 the lease is in writing and is not in violation of Section 92.006, the tenant's proof of a knowing violation must be clear and convincing. (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. Acts 2007, 80th Leg., R.S., Ch. LANDLORD'S DEFENSES. 92.164. (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. 337 (H.B. (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. 17.001(a), eff. (m) This section does not affect the rights of a landlord or tenant in a forcible detainer or forcible entry and detainer action. This fee is meant to compensate the rental owners for the costs of releasing the unit. If you break the lease, you are responsible for the re-letting fee plus rent until the apartment is re-let. September 1, 2019. This duty does not exist with respect to damage or a malfunction caused by the tenant, the tenant's family, or the tenant's guests or invitees during the term of the lease or a renewal or extension, except that the landlord has a duty to repair or replace the smoke alarm if the tenant pays in advance the reasonable repair or replacement cost, including labor, materials, taxes, and overhead. (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. 225 (S.B. Sept. 1, 1993; Acts 1999, 76th Leg., ch. (a) A landlord may not require a tenant to pay for repair or replacement of a security device due to normal wear and tear. The landlord has a duty to mitigate its damages and try to re-let the apartment but this can be difficult to enforce. Acts 2015, 84th Leg., R.S., Ch. Aug. 26, 1985. Sec. (c) A keyed dead bolt or keyless dead bolt, as described by Section 92.151(6)(A), installed in a dwelling on or after September 1, 1993, must have a bolt with a throw of not less than one inch. If management company employees perform the work, the charge may include reasonable overhead and profit but may not exceed the cost charged to the owner by the management company for comparable security devices installed by management company employees at the owner's request and expense. Jan. 1, 1984. 576, Sec. 576, Sec. (c) A notice to a tenant's primary residence under Subsection (a) may be sent by regular United States mail and shall be considered as having been given on the date of postmark of the notice. 17, eff. Acts 1983, 68th Leg., p. 3645, ch. Acts 1983, 68th Leg., p. 3632, ch. EVICTION SUITS. Sec. (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. teriyaki chicken donburi wagamama . 92.155. Renumbered from Property Code Sec. 91.006), your landlord must make reasonable efforts to re-rent your unitno matter what your reason for leavingrather than charge you for the total remaining rent due under the lease. Acts 2015, 84th Leg., R.S., Ch. Acts 1983, 68th Leg., p. 3639, ch. (c) For purposes of Subsection (b)(4) or (5), a landlord is considered to have received the tenant's notice when the landlord or the landlord's agent or employee has actually received the notice or when the United States Postal Service has attempted to deliver the notice to the landlord. 1, eff. Jan. 1, 1996. The term includes double-hinged patio doors. Acts 1983, 68th Leg., p. 3637, ch. 92.0563. LANDLORD REMEDY FOR TENANT VIOLATION. 469 (H.B. June 18, 2005. Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1989. Jan. 1, 1984. Amended by Acts 1997, 75th Leg., ch. Amended by Acts 1993, 73rd Leg., ch. 1, Sept. 1, 1995. 92.170. for non-profit, educational, and government users. Acts 2017, 85th Leg., R.S., Ch. 332, Sec. 92.018. January 1, 2016. Landlord's Responsibility to Re-rent in Texas According to Tex. The Texas Property Code, 92.101 - 92.109, protects the right of renters regarding their security deposit. If the acknowledgment is not signed, there is a rebuttable presumption that the notice was not made available to the applicant. 16, eff. DISCLOSURE OF OWNERSHIP AND MANAGEMENT. (c) After receipt of the notice provided under Subsection (a), the landlord shall provide a copy of the written lease agreement to the person who provided the notice on written request of that person. Jan. 1, 1984. Sec. 576, Sec. Jan. 1, 1984. The affidavit must state facts showing that the landlord has made and is making diligent efforts to repair the condition, and it must contain dates, names, addresses, and telephone numbers of contractors, suppliers, and repairmen contacted by the owner. Jan. 1, 1984. The drop bolt system must prevent the door from being opened unless the central plate is lifted off of the doorjamb restraint by a person who is on the interior side of the door. 5, eff. 1198 (S.B. 683, Sec. (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. 3101), Sec. 13, eff. LANDLORD'S DUTY TO REPAIR OR REMEDY. (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. 869, Sec. Acts 1983, 68th Leg., p. 3651, ch. (4) a judgment against the tenant for reasonable attorney's fees. Jan. 1, 1996. (a) This section applies only to a tenant in a multiunit complex, as that term is defined by Section 92.151. 19, eff. 1, eff. Acts 2017, 85th Leg., R.S., Ch. (b) Unless the condition was caused by normal wear and tear, the landlord does not have a duty during the lease term or a renewal or extension to repair or remedy a condition caused by: (2) a lawful occupant in the tenant's dwelling; (3) a member of the tenant's family; or. (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. Acts 2007, 80th Leg., R.S., Ch. (b) At a minimum, an inspection under this section must include: (1) checking to ensure the fire extinguisher is present; and. 92.008(b) to (f) and amended by Acts 1995, 74th Leg., ch. 8, eff. Renumbered from Sec. They must notify the landlord in writing of their wish to have the smoke alarm installed or repaired before doing so. Sec. (5) court costs and attorney's fees, excluding any attorney's fees for a cause of action for damages relating to a personal injury. 92.059 and amended by Acts 1995, 74th Leg., ch. The notice must be given at the time of the reduced rent payment. 1, eff. (b) The tenant shall notify the landlord in writing of any change in the tenant's primary residence address. 650, Sec. Added by Acts 2019, 86th Leg., R.S., Ch. PROCEDURES FOR NOTICE OR REFUND. Added by Acts 2019, 86th Leg., R.S., Ch. (c) If the tenant has complied with Subsection (b) and if the justice reasonably believes an unlawful lockout has likely occurred, the justice may issue, ex parte, a writ of reentry that entitles the tenant to immediate and temporary possession of the premises, pending a final hearing on the tenant's sworn complaint for reentry. It prohibits them for withholding a portion of the deposit for repairs of conditions caused by normal wear and tear. 576, Sec. Added by Acts 1989, 71st Leg., ch. Sec. 1205, Sec. Sec. 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. Acts 2007, 80th Leg., R.S., Ch. 576, Sec. (a) Except as provided by this section, the tenant has the burden of proof in a judicial action to enforce a right resulting from the landlord's failure to repair or remedy a condition under Section 92.052. (c) The justice, county, and district courts have concurrent jurisdiction in an action under Subsection (a). 1, eff. 18 (S.B. (3) damage from windows or doors left open. 17.01(44), eff. January 1, 2016. Added by Acts 2009, 81st Leg., R.S., Ch. (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. 126, Sec. INVALID COMPLAINTS. 2, eff. (g) Not later than the 30th day after the effective date of the termination of a lease under Subsection (f), the landlord shall refund to the tenant all rent or other amounts paid in advance under the lease for any period after the effective date of the termination of the lease. Jan. 1, 1984. Original Source: WHEN TENANT'S REQUEST OR NOTICE MUST BE IN WRITING. Added by Acts 2007, 80th Leg., R.S., Ch. 3101), Sec. Jan. 1, 1984. 1344 (S.B. Sec. (2) may not terminate or suspend the permit until the date the tenant's right of possession ends. (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. 1367), Sec. 1, eff. Aug. 28, 1995. 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. The notice shall also contain a reasonable description of the intended repair or remedy. Re: Reletting Fee. 92.264. (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. January 1, 2016. Sec. 744, Sec. 3, eff. In . 91.002 by Acts 1987, 70th Leg., ch. DUTY TO REPAIR OR REPLACE. 1, eff. or TAR (Texas Association of Realtors) form, then it comports with property code law and means what it says. Acts 2019, 86th Leg., R.S., Ch. January 1, 2008. Amended by Acts 1995, 74th Leg., ch. DEFINITIONS. (c) A tenant is not liable for damages suffered by the landlord if the damage is caused by the landlord's failure to repair the smoke alarm within a reasonable time after the tenant requests it to be repaired, considering the availability of material, labor, and utilities. A security device that is installed, changed, or rekeyed under this subchapter becomes a fixture of the dwelling. Understanding the Law 1, eff. (2) a sliding door handle latch or sliding door security bar if the door is an exterior sliding glass door without a sliding door handle latch or sliding door security bar. January 1, 2010. 92.302. 13, eff. 630), Sec. Sec. (a) For purposes of this section: (1) "Family violence" has the meaning assigned by Section 71.004, Family Code. 1268 (H.B. January 1, 2014. Amended by Acts 1995, 74th Leg., ch. Acts 1983, 68th Leg., p. 3637, ch. 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.
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