Added by Acts 1989, 71st Leg., ch. (2) a bolt installed inside the door and operated from the edge of the door, capable of insertion into the doorjamb above the door, and another bolt installed inside the door and operated from the edge of the door capable of insertion into the floor or threshold, each bolt having a throw of three-fourths inch or more. Re: Reletting Fee. Breaking a Lease in Texas & it laws- OmniKey Realty (b) If a dwelling unit was occupied as a residence before September 1, 2011, or a certificate of occupancy was issued for the dwelling unit before that date, a smoke alarm installed in accordance with Subsection (a) may be powered by battery and is not required to be interconnected with other smoke alarms, except that a smoke alarm that is installed to replace a smoke alarm that was in place on the date the dwelling unit was first occupied as a residence must comply with residential building code standards that applied to the dwelling unit on that date or Section 92.252(b). (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. NOTICE OF ELIGIBILITY REQUIREMENTS. 91.002 by Acts 1987, 70th Leg., ch. Security Deposit Refund Texas Renters Rights Law POSSESSION OF FIREARMS OR FIREARM AMMUNITION ON LEASED PREMISES. 16, eff. (a) A landlord has a defense to liability under Section 92.165 if 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 this subchapter. September 1, 2017. (2) after the tenant moves out the landlord will either immediately demolish the rental unit or no longer use the unit for residential purposes. Various state laws limit the maximum amount a landlord can charge, so check your state's laws and regulations. 2, eff. Added by Acts 1997, 75th Leg., ch. Sec. (3) the tenant is entitled to any defenses to payment against the insurer as against the landlord. 2, eff. 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).". 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. (d) The writ of reentry must be served on either the landlord or the landlord's management company, on-premises manager, or rent collector in the same manner as a writ of possession in a forcible detainer action. 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. (b) A landlord or a landlord's manager or agent may not charge or seek reimbursement from the landlord's tenant for the amount of a fine imposed on the landlord by a governmental entity unless the tenant or another occupant of the tenant's dwelling actually caused the damage or other condition on which the fine is based. (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. (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. Section 4001 et seq.). texas property code reletting fee - coastbotanik.ca Renumbered from Property Code Sec. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1, eff. Added by Acts 2011, 82nd Leg., R.S., Ch. LANDLORD LIABILITY AND TENANT REMEDIES; NOTICE AND TIME FOR REPAIR. (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. ATTORNEY'S FEES. Amended by Acts 1997, 75th Leg., ch. 357, Sec. 92.0162. 937, Sec. The landlord has the burden of proving that the tenant received a copy of the rule or policy change. (c) The justice, county, and district courts have concurrent jurisdiction in an action under Subsection (a). (j) When deducting the cost of repairs from the rent payment, the tenant shall furnish the landlord, along with payment of the balance of the rent, a copy of the repair bill and the receipt for its payment. Jan. 1, 1996. 687, Sec. 92.051. 1, eff. 1198 (S.B. 92.166. 92.010. (4) "French doors" means a set of two exterior doors in which each door is hinged and abuts the other door when closed. 1, eff. AGENTS FOR DELIVERY OF NOTICE. (a) If a condition results from an insured casualty loss, such as fire, smoke, hail, explosion, or a similar cause, the period for repair does not begin until the landlord receives the insurance proceeds. 869, Sec. 1, eff. 650, Sec. (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. (b) A tenant who violates this section is presumed to have acted in bad faith. 302), Sec. (B) the National Weather Service issues a heat advisory for a county in which the premises is located or has issued such an advisory on one of the two preceding days. 2, eff. (3) damage from windows or doors left open. A management company, managing agent, or on-site manager may reimburse itself for the costs from the owner's funds in its possession or control. Repairs may not be made to the foundation or load-bearing structural elements of the building if it contains two or more dwelling units. (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. (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. 1, eff. (d) Affidavits for delay based on grounds other than those listed in Subsection (c) of this section are unlawful, and if used, they are of no effect. 12, eff. (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. (l) This section does not affect the ability of a landlord to pursue other available remedies, including the remedies provided by Chapter 24. Acts 2007, 80th Leg., R.S., Ch. 3101), Sec. Amended by Acts 1993, 73rd Leg., ch. PERSONAL PROPERTY AND SECURITY DEPOSIT OF DECEASED TENANT. January 1, 2016. 1, eff. (e) A landlord, not later than the 30th day after the effective date of the termination of a lease under this section, shall refund to the residential tenant terminating the lease under Subsection (b) all rent or other amounts paid in advance under the lease for any period after the effective date of the termination of the lease. (2) documentation of the stalking from a provider of services described by Subsection (c)(1), (2), or (3) and: (A) a law enforcement incident report or, if a law enforcement incident report is unavailable, another record maintained in the ordinary course of business by a law enforcement agency; and. 91 (S.B. Aug. 26, 1985. (a) Except as provided in Subsection (b), a landlord is presumed to have given notice of an applicant's acceptance or rejection if the notice is by: (1) telephone to the applicant, co-applicant, or a person living with the applicant or co-applicant on or before the required date; or. Reletting Expenses means such reasonable and necessary costs and expenses incurred by Landlord, incurred to relet the Premises, including without limitation, (1) repairs, alterations and additions in or to the Premises and preparing the Premises for new tenants, (2) altering locks and security devices to the Premises, (3) redecoration, remodeling Added by Acts 2015, 84th Leg., R.S., Ch. (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. 576, Sec. 92.258. Sec. 952, Sec. 92.014. (a) A monthly tenancy or a tenancy from month to month may be terminated by the tenant or the landlord giving notice of termination to the other. A landlord acts in bad faith and is liable according to this subchapter if the landlord gives an incorrect name or address under Subsection (a) of Section 92.201 by wilfully: (1) disclosing incorrect information under Section 92.201(b)(1) or (2) or Section 92.201(d); or. 1168), Sec. Added by Acts 2005, 79th Leg., Ch. Prop. 1051 (H.B. 1, eff. Except as otherwise provided by this chapter, in this chapter: (1) "Dwelling" means one or more rooms rented for use as a permanent residence under a single lease to one or more tenants. Examples of RELETTING in a sentence. (b) The landlord must post the phone number required by Subsection (a) prominently outside the management or superintendent's office. 21.001, eff. INVALID COMPLAINTS. 5, eff. 17.001(a), eff. (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. 2, eff. Redesignated from Property Code Sec. (i) A landlord is subject to the tenant remedies provided by Section 92.164(a)(4) if the landlord: (1) deactivates or does not install a keyless bolting device, claiming an exemption under Subsection (e), (f), or (g); and. Amended by Acts 1995, 74th Leg., ch. (2) the late fee is more than the applicable amount under Subdivision (1), but not more than uncertain damages to the landlord related to the late payment of rent, including direct or indirect expenses, direct or indirect costs, or overhead associated with the collection of late payment. (a) A landlord shall install at least one smoke alarm in each separate bedroom in a dwelling unit. 7, eff. 4, eff. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 92.001. STATEMENT OF LATE FEES. texas property code reletting fee. . (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. PROPERTY CODE TITLE 8. Sec. 1, eff. (5) court costs and attorney's fees, excluding any attorney's fees for a cause of action for damages relating to a personal injury. January 1, 2014. 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.". (d) This section does not apply to locks on closet doors or other interior doors. Jan. 1, 1996. APPLICATION OF SUBCHAPTER. Aug. 28, 1989; Acts 1997, 75th Leg., ch. Jan. 1, 1996. Added by Acts 2019, 86th Leg., R.S., Ch. (b) If at the time a lease agreement is executed a landlord has vehicle towing or parking rules or policies that apply to the tenant, the landlord shall provide to the tenant a copy of the rules or policies before the lease agreement is executed. REJECTION OF APPLICANT. 92.019. 1099), Sec. 8, eff. Jan. 1, 1996. Sec. 650, Sec. (d) For purposes of this section, if a tenant's rent is subsidized in whole or in part by a governmental entity, "one month's rent" means one month's fair market rent. In addition, 1, eff. January 1, 2016. 1, eff. 8, eff. 5, eff. Sec. Acts 1983, 68th Leg., p. 3637, ch. (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. 1349 (H.B. 1, eff. Redesignated from Property Code Sec. ALTERNATIVE COMPLIANCE. 1, eff. increasing citizen access. (3) a delay was caused by circumstances beyond the landlord's control, including the illness or death of the landlord or a member of the landlord's immediate family. Oral notices of change are insufficient. Added by Acts 2013, 83rd Leg., R.S., Ch. (a) A landlord shall accept a tenant's timely cash rental payment unless a written lease between the landlord and tenant requires the tenant to make rental payments by check, money order, or other traceable or negotiable instrument. 1, eff. (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. 650, Sec. A landlord who issues a parking permit to a tenant: (1) must issue the permit for a term that is coterminous with the tenant's lease term; and. 5, 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. (7) recover court costs and attorney's fees, excluding any attorney's fees for a cause of action for damages relating to a personal injury. 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. Rules for Early Termination of a Texas Lease | Pocketsense (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. September 1, 2021. 1, eff. (c) Subsection (a) does not apply to a real estate mortgage lienholder who acquires title by foreclosure. (a) A landlord's duty or a tenant's remedy concerning security deposits, security devices, the landlord's disclosure of ownership and management, or utility cutoffs, as provided by Subchapter C, D, E, or G, respectively, may not be waived. (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. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING FAMILY VIOLENCE. (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. A tenant's request or notice under this subchapter may be given orally unless the tenant has a written lease that requires the request or notice to be in writing and that requirement is underlined or in boldfaced print in the lease. 92.111. Acts 2015, 84th Leg., R.S., Ch. 92.0161. (h) A fee collected under this section is not a security deposit for purposes of this chapter if: (1) an agreement was signed under Subsection (c); and. (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. 23.011, eff. Sept. 1, 1989. (c) A landlord's duties and the tenant's remedies under Subchapter B, which covers conditions materially affecting the physical health or safety of the ordinary tenant, may not be waived except as provided in Subsections (d), (e), and (f) of this section. A landlord complies with the requirements of this subchapter relating to the provision of smoke alarms in the dwelling unit if the landlord: (1) has a fire detection device, as defined by Section 6002.002, Insurance Code, that includes a fire alarm device, as defined by Section 6002.002, Insurance Code, installed in a dwelling unit; or. 92.052. (c) A tenant or a governmental entity or civic association acting on the tenant's behalf may file suit against a landlord to enjoin a violation of this section. Jan. 1, 1996. September 1, 2015. (g) Except as provided by Subsection (h), a fee collected under this section is a security deposit for purposes of this chapter. 744, Sec. The governing body of the municipality may provide additional notice to the property's tenants and owners after receipt of the service disconnection notice under this subsection. 1293), Sec. (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. January 1, 2008. 1, eff. 18 (S.B. Sec. (d) Subsections (a) and (b) apply only when a tenant is in possession of a dwelling. Your written termination notice must include payment of the reletting fee listed in paragraph 28 of your lease agreement. LANDLORD'S DUTY TO PROVIDE COPY OF LEASE. (e) A correction to the information may be made by any of the methods authorized for providing the information. LATE PAYMENT OF RENT; FEES. September 1, 2017. January 1, 2006. 1112, Sec. Notice in person may be by personal delivery to the tenant or any person residing at the tenant's dwelling who is 16 years of age or older or by personal delivery to the tenant's dwelling and affixing the notice to the inside of the main entry door. 92.165. The tenant has resided in the property for three years with fixed term agreements re-negotiated every six months. (c) Repealed by Acts 2009, 81st Leg., R.S., Ch. 5, eff. (C) refund the tenant's security deposit, less lawful deductions, to the person designated under Subdivision (1). INSTALLATION PROCEDURE. (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. 92.204. 1, eff. Redesignated from Property Code Sec. 12, eff. However . (m) This section does not affect the rights of a landlord or tenant in a forcible detainer or forcible entry and detainer action. 1072 (H.B. (c-1) As a precondition for allowing a tenant to park in a specific parking space or a common parking area that the landlord has made available for tenant use, the landlord may require a tenant to provide only the make, model, color, year, license number, and state of registration of the vehicle to be parked. (a) A landlord has a duty to mitigate damages if a tenant abandons the leased premises in violation of the lease. Section 92.019 Late Payment of Rent; Fees, (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. June 19, 2009. The landlord's duty of inspection and repair of smoke alarms under Subchapter F may be waived only by written agreement. 1, eff. (b) At a tenant's request made before January 1, 1995, a landlord, at the tenant's expense, shall install on an exterior door of a dwelling constructed before September 1, 1993: (1) a keyless bolting device if the door does not have a keyless bolting device; and. 650, Sec. Acts 1983, 68th Leg., p. 3638, ch. ADDITIONAL ENFORCEMENT BY LOCAL ORDINANCE. (f) If the landlord fails to request a hearing on the tenant's sworn complaint for reentry before the eighth day after the date of service of the writ of reentry on the landlord under Subsection (d), a judgment for court costs may be rendered against the landlord. from Statutes.Capitol.Texas.gov website.85 % of read more Acts 2005, 79th Leg., 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. TENANT'S JUDICIAL REMEDIES. 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. (3) if the dwelling unit has multiple levels, at least one smoke alarm must be located on each level. (15) "Tenant turnover date" means the date a tenant moves into a dwelling under a lease after all previous occupants have moved out. (c) A security device required by Subsection (a) or (b) must be installed at the landlord's expense. 3, eff. (B) arises from the landlord's failure to provide and maintain in good operating condition a device to supply hot water of a minimum temperature of 120 degrees Fahrenheit. (a) A tenant shall notify the landlord of a rent deduction attributable to the tenant's installing, repairing, changing, replacing, or rekeying of a security device under Section 92.164(a)(1) or 92.165(1) after the landlord's failure to comply with this subchapter. 92.334 by Acts 1997, 75th Leg., ch. Amended by Acts 2001, 77th Leg., ch. Renumbered from Sec. (C) located on the same lot or tract or adjacent lots or tracts of land. Re: Reletting Charge. Sept. 1, 1993; Acts 1999, 76th Leg., ch. 869, Sec. (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. 92.204. 126, Sec. Original Source: 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. CONDITIONS FOR RETENTION OF SECURITY DEPOSIT OR RENT PREPAYMENT. (a) A landlord may not retaliate against a tenant by taking an action described by Subsection (b) because the tenant: (1) in good faith exercises or attempts to exercise against a landlord a right or remedy granted to the tenant by lease, municipal ordinance, or federal or state statute; (2) gives a landlord a notice to repair or exercise a remedy under this chapter; (3) complains to a governmental entity responsible for enforcing building or housing codes, a public utility, or a civic or nonprofit agency, and the tenant: (A) claims a building or housing code violation or utility problem; and, (B) believes in good faith that the complaint is valid and that the violation or problem occurred; or. January 1, 2008. The duties of a landlord and the remedies of a tenant under this subchapter are in lieu of the common law, other statutory law, and local ordinances relating to the disclosure of ownership and management of a dwelling by a landlord to a tenant. 576, Sec. For purposes of this subsection, there shall be a rebuttable presumption that the landlord acted without knowledge of the violation. This subsection shall not affect the landlord's duty under Subchapter B to repair or remedy, at the landlord's expense, wastewater stoppages or backups caused by deterioration, breakage, roots, ground conditions, faulty construction, or malfunctioning equipment. (i) the date the electric service has been interrupted; (ii) a location where the tenant may go during the landlord's normal business hours to make arrangements to pay the bill to reestablish interrupted electric service; (iii) the amount that must be paid to reestablish electric service; (iv) a statement providing that when the tenant makes a payment to reestablish electric service, a landlord may not apply that payment to rent or other amounts owed under the lease; (vi) a description of the tenant's rights under Subsection (j) to avoid interruption of electric service if the interruption will cause a person residing in the tenant's dwelling to become seriously ill or more seriously ill. (i) Unless a dangerous condition exists or the tenant requests disconnection, a landlord may not interrupt or cause the interruption of electric service under Subsection (h) on a day: (1) on which the landlord or a representative of the landlord is not available to collect electric bill payments and reestablish electric service; (2) that immediately precedes a day described by Subdivision (1); or, (A) the previous day's highest temperature did not exceed 32 degrees Fahrenheit and the temperature is predicted to remain at or below that level for the next 24 hours according to the nearest National Weather Service reports; or. (2) the landlord does not install, inspect, or repair the smoke alarm on or before the seventh day after the date the tenant gives the landlord written notice that the tenant may exercise his remedies under this subchapter if the landlord does not comply with the request within seven days.