1, eff. 92.3515. increasing citizen access. 576, Sec. Jan. 1, 1984. 576, Sec. (k) If the tenant challenges the claim for damages or unpaid rent and that challenge results in a determination by the landlord or by a court that the notice of indebtedness is incorrect, the indebtedness is void and the landlord may not file an insurance claim for insurance purchased under Subsection (e) in the amount of the voided indebtedness. 1, eff. 921 (H.B. 3101), Sec. Facebook. A waiver under this section does not apply if: (1) the tenant or the tenant's dependent moves into housing owned or occupied by family or relatives of the tenant or the tenant's dependent; or. 257 (H.B. 92.002. 92.164. (b) A tenant may, without request from the landlord, provide the landlord with the information in Subsection (a). (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. 189 (S.B. 348 (S.B. (c) Subsection (b) does not prohibit a guarantor from voluntarily entering into an agreement at the time of the renewal of a lease, in a separate written document, to guarantee an increased amount of rent. 2, eff. 7.002(o), eff. Amended by Acts 1989, 71st Leg., ch. 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. The term does not include a kitchen, dining room, bathroom, living room, utility room, or closet or storage area of a dwelling. 92.260. If the insurance company has already paid the landlord for the invalidated claim, the landlord shall return the payment. 8, eff. BAD FAITH VIOLATION. Acts 2011, 82nd Leg., R.S., Ch. INSTALLATION AND LOCATION. PROCEDURES FOR NOTICE OR REFUND. 92.334 by Acts 1997, 75th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. Added by Acts 2005, 79th Leg., Ch. (d) A customer is not required to provide the notices described by this section if the customer avoids the disconnection by paying the bill. Acts 2019, 86th Leg., R.S., Ch. If a rental premises is, as a practical matter, totally unusable for residential purposes as a result of a natural disaster such as a hurricane, tornado, flood, extended freeze, or widespread windstorm, a landlord that allows a tenant to move to another rental unit owned by the landlord may not require the tenant to execute a lease for a term longer than the term remaining on the tenant's lease on the date the premises was rendered unusable as a result of the natural disaster. (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. (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. A repairman or supplier shall not have a lien for materials or services arising out of repairs contracted for by the tenant under this section. 1, eff. Location: 177), Sec. 16, eff. September 1, 2011. Added by Acts 2019, 86th Leg., R.S., Ch. Added by Acts 2013, 83rd Leg., R.S., Ch. 1, eff. APPLICATION OF OTHER LAW; MUNICIPAL REGULATION. 1367), Sec. 1, eff. 92.008. 92.023. (5) court costs and attorney's fees, excluding any attorney's fees for a cause of action for damages relating to a personal injury. 3, eff. Section 92.019 Texas Property Code Sec. The power system and installation procedure of a security device that is electrically operated rather than battery operated must comply with applicable local ordinances. There shall be a rebuttable presumption that the landlord acted in good faith and with continued diligence for the first affidavit for delay the landlord delivers to the tenant. 576, Sec. Sec. (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. Termination of a lease under this subsection is effective when the tenant surrenders possession of the dwelling. Sept. 1, 1993. (b) A management company or managing agent who is not the owner of a dwelling and who has not purported to be the owner in the lease has a defense to liability under Sections 92.164 and 92.165 if before the date the tenant is in possession of the dwelling or the date of the tenant's request for installation, repair, replacement, change, or rekeying and before any property damage or personal injury to the tenant, the management company or managing agent: (1) did not have funds of the dwelling owner in its possession or control with which to comply with this subchapter; (2) made written request to the dwelling owner that the owner fund and allow installation, repair, change, replacement, or rekeying of security devices as required under this subchapter and mailed the request, certified mail return receipt requested, to the dwelling owner; and. 1112 (H.B. Acts 1983, 68th Leg., p. 3633, ch. (q) The landlord may not evict a tenant for failure to pay an electric bill when the landlord has interrupted the tenant's electric service under Subsection (h) unless the tenant fails to pay for the electric service after the electric service has been interrupted for at least two days, not including weekends or state or federal holidays. 1, eff. A provision of a rental application that purports to waive a right or exempt a party from a liability or duty under this subchapter is void. (4) "Deposited" means deposited in an account of the landlord or the landlord's agent in a bank or other financial institution. A party who prevails in a suit under this subsection may recover court costs and reasonable attorney's fees from the other party. However, this subchapter does not prohibit the adoption of a local ordinance that conforms to this subchapter but which contains additional enforcement provisions. January 1, 2006. Code Title 5 Subtitle B Chapter 53 Section 53.156 Texas Property Code Sec. Acts 1983, 68th Leg., p. 3632, ch. A reconnection fee may not be applied unless agreed to by the tenant in a written lease that states the exact dollar amount of the reconnection fee. 3, eff. 1, eff. Amended by Acts 1993, 73rd Leg., ch. Aug. 31, 1987. Amended by Acts 1985, 69th Leg., ch. (e) If a tenant is liable under Subsection (a) and the tenant does not comply with the landlord's notice under Subsection (d), the landlord shall have the following remedies against the tenant: (1) a court order directing the tenant to comply with the landlord's notice; (2) a judgment against the tenant for a civil penalty of one month's rent plus $100; (3) a judgment against the tenant for court costs; and. 576, Sec. (k) A landlord may not change the locks on the door of a tenant's dwelling under Subsection (b)(3): (1) when the tenant or any other legal occupant is in the dwelling; or. 1, eff. 6, eff. (f) Affidavits for delay by a landlord under this section must be submitted in good faith. Acts 2019, 86th Leg., R.S., Ch. 2, eff. 576, Sec. Rent delinquency is not a defense for a violation of Section 92.204. (3) leaving the notice inside the dwelling in a conspicuous place if notice in that manner is authorized in a written lease. OBLIGATION TO REFUND. Renumbered from Sec. It's also a good option if you don't want to take responsibility for the new tenant and any damage they might cause to the apartment. The landlord shall keep accurate records of all security deposits. (c) Subsection (a) does not apply to a real estate mortgage lienholder who acquires title by foreclosure. 2404), Sec. Redesignated from Property Code Sec. Sept. 1, 1993. 21.001, eff. 917 (H.B. (b) The landlord may not retain any portion of a security deposit to cover normal wear and tear. Jan. 1, 1984. Added by Acts 1989, 71st Leg., ch. 18 (S.B. 1, eff. 6, eff. PAYMENT OF CHARGES; LIMITS ON AMOUNT CHARGED. Amended by Acts 1985, 69th Leg., ch. 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 2021, 87th Leg., R.S., Ch. (a) Except as provided by Subsections (b), (e), (f), (g), and (h) and without necessity of request by the tenant, a dwelling must be equipped with: (1) a window latch on each exterior window of the dwelling; (2) a doorknob lock or keyed dead bolt on each exterior door; (3) a sliding door pin lock on each exterior sliding glass door of the dwelling; (4) a sliding door handle latch or a sliding door security bar on each exterior sliding glass door of the dwelling; and. 18 (S.B. Jan. 1, 1984. (f) If the tenant decides to pay a fee in lieu of a security deposit and the landlord purchases insurance coverage as described by Subsection (e), an agreement required under Subsection (c) must clearly specify the following terms: (1) the fee is being paid only to secure occupancy without a requirement of paying a security deposit; (2) the fee, unless otherwise specified, is not refundable; (3) payment of the fee, unless otherwise specified, does not eliminate, release, or otherwise limit the requirements of the lease, including that the tenant must pay for: (B) damages for which the tenant is legally liable under the lease, other than normal wear and tear; and. 9, eff. 1002), Sec. 882), Sec. (j) A landlord may not interrupt or cause the interruption of electric service under Subsection (h) of a tenant who, before the interruption date specified in the notice required by Subsection (h)(3), has: (1) established that the interruption will cause a person residing in the tenant's dwelling to become seriously ill or more seriously ill by having a physician, nurse, nurse practitioner, or other similar licensed health care practitioner attending to the person who is or may become ill provide a written statement to the landlord or a representative of the landlord stating that the person will become seriously ill or more seriously ill if the electric service is interrupted; and. Sec. Unless the landlord and tenant agree otherwise under Subsection (g) of this section, repairs may not be made by the tenant, the tenant's immediate family, the tenant's employer or employees, or a company in which the tenant has an ownership interest. (2) in addition to other remedies available under law, recover from the landlord an amount equal to the sum of the tenant's actual damages, one month's rent plus $1,000, reasonable attorney's fees, and court costs, less any delinquent rents or other sums for which the tenant is liable to the landlord. (8) "Multiunit complex" means two or more dwellings in one or more buildings that are: (B) managed by the same owner, agent, or management company; and. Jan. 1, 1996. September 1, 2011. Added by Acts 1993, 73rd Leg., ch. 1488), Sec. 1, eff. 92.105. Prop. 1, eff. Code 92.019 (2023).) 5, eff. INSPECTION AND REPAIR. 92.004. 126, Sec. January 1, 2008. 576, Sec. Sec. Added by Acts 2009, 81st Leg., R.S., Ch. (e) The landlord is entitled to a hearing on the tenant's sworn complaint for reentry. 92.352. If another provision of this subchapter conflicts with this section, this section controls. 576, Sec. VENUE. (2) a copy of an appropriate government document providing evidence of the tenant's entrance into military service if Subsection (b)(1) applies or a copy of the servicemember's military orders if Subsection (b)(2) applies. (a) A landlord may not require a tenant to pay for repair or replacement of a security device due to normal wear and tear. 92.052. January 1, 2010. 576, Sec. 1, eff. TENANT REMEDIES. (b) A smoke alarm must be installed on a ceiling or wall. 2404), Sec. A landlord and tenant may agree otherwise in a written lease. If, after a landlord has notified a tenant in writing of (1) the illegality of the tenant's rent withholding or the tenant's proposed repair and (2) the penalties of this subchapter, the tenant withholds rent, causes repairs to be performed, or makes rent deductions for repairs in bad faith violation of this subchapter, the landlord may recover from the tenant a civil penalty of one month's rent plus $500. (b) A tenant who violates this section is presumed to have acted in bad faith. NOTICE TO TENANT AT PRIMARY RESIDENCE. They must notify the landlord in writing of their wish to have the smoke alarm installed or repaired before doing so. (B) 48 inches from the floor, if installed on or after September 1, 1993. (a) The landlord is not obligated to return a tenant's security deposit or give the tenant a written description of damages and charges until the tenant gives the landlord a written statement of the tenant's forwarding address for the purpose of refunding the security deposit. (5) the landlord may discard the property removed by the landlord from the tenant's leased premises if: (A) the landlord has mailed a written request by certified mail, return receipt requested, to the person designated under Subsection (a) or (b), requesting that the property be removed; (B) the person failed to remove the property by the 30th day after the postmark date of the notice; and. 1, eff. Acts 1983, 68th Leg., p. 3635, ch. 1, 3, eff. 1, 3, eff. This subchapter applies to a lease executed, entered into, renewed, or extended on or after September 1, 1979. Acts 2009, 81st Leg., R.S., Ch. A reletting rental arrangement is a fresh contractual relationship between the community and the person renting out your former apartment, completely separate from the rental agreement you signed. September 1, 2019. 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. (e) Except as provided by Subsection (g), this section does not affect a tenant's liability for delinquent, unpaid rent or other sums owed to the landlord before the lease was terminated by the tenant under this section. Paying out-of-pocket - Lease agreements often include penalties and fees for breaking a lease. Added by Acts 2019, 86th Leg., R.S., Ch. Sec. Renumbered from Property Code Sec. (j) A tenant and a landlord may agree that the tenant waives a tenant's rights under this section if the tenant or any dependent living with the tenant moves into base housing or other housing within 30 miles of the dwelling. Added by Acts 1997, 75th Leg., ch. The landlord shall have the burden of pleading and proving good faith and continued diligence for subsequent affidavits for delay. EVICTION SUITS. Oral notices of change are insufficient. Jan. 1, 1984. (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. (c) In addition to other remedies provided by law, if a landlord violates this section, a tenant is entitled to recover from or against the landlord: (1) a civil penalty in an amount equal to one month's rent; (2) actual damages suffered by the tenant as a result of the landlord's violation of this section; (5) reasonable attorney's fees incurred by the tenant in seeking enforcement of this section. 576, Sec. Another good online resource for tenants can be found at www.texaslawhelp.org. (a) The tenant may not withhold payment of any portion of the last month's rent on grounds that the security deposit is security for unpaid rent. we provide special support 7, 2021). 3, eff. 92.165. (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. 8, eff. (c) A fire extinguisher that satisfies the inspection requirements of Subsection (b) at the beginning of a tenant's possession is presumed to be in good working order until the tenant requests an inspection in writing. Jan. 1, 1984. Under its terms, the title applies only to the relationship between landlords and tenants of commercial rental property, defined as rental property that is not residential. (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. 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, eff. 92.108. WAIVER. (5) engaging, in bad faith, in a course of conduct that materially interferes with the tenant's rights under the tenant's lease. (c) Repealed by Acts 2009, 81st Leg., R.S., Ch. 869, Sec. (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). A tenant's guest or invitee who suffers damage because the tenant removed a battery without immediately replacing it with a working battery or because the tenant knowingly disconnected or intentionally damaged the smoke alarm, causing it to malfunction, may recover a judgment against the tenant for the damage. 1, eff. (c) This section does not create a cause of action or expand an existing cause of action. 92.206. (h) If a landlord violates this section, the tenant may: (2) recover from the landlord a civil penalty of one month's rent plus $1,000, actual damages, court costs, and reasonable attorney's fees in an action to recover property damages, actual expenses, or civil penalties, less any delinquent rent or other sums for which the tenant is liable to the landlord. (4) serve a written request for compliance on the landlord, and, except as provided by Subsections (b) and (c), if the landlord does not comply on or before the third day after the date the notice is received, file suit against the landlord and obtain a judgment for: (A) a court order directing the landlord to comply and bring all dwellings owned by the landlord into compliance, if the tenant serving the written request is in possession of the dwelling; (C) punitive damages if the tenant suffers actual damages; (D) a civil penalty of one month's rent plus $500; (F) attorney's fees except in suits for recovery of property damages, personal injuries, or wrongful death. The nonprevailing party in a suit under this section is liable to the prevailing party for reasonable attorney's fees and court costs. 92.161. (2) "Flooding" means a general or temporary condition of partial or complete inundation of a dwelling caused by: (A) the overflow of inland or tidal waters; (B) the unusual and rapid accumulation of runoff or surface waters from any established water source such as a river, stream, or drainage ditch; or. Sept. 1, 1993. Sec. bosch b22ct80sns01 ice maker not working; texas property code reletting fee. Acts 2011, 82nd Leg., R.S., Ch. 1072 (H.B. Sec. (c) A smoke alarm may be located other than as required by Subsection (a) or (b) if a local ordinance or a local or state fire marshal approves. The fee for service of a writ of reentry is the same as that for service of a writ of possession. Jan. 1, 1984. Aug. 31, 1987. Sec. (a) A landlord is liable according to this subchapter if: (1) the landlord did not install a smoke alarm at the time of initial occupancy by the tenant as required by this subchapter or a municipal ordinance permitted by this subchapter; or. 1112, Sec. LIABILITY FOR WITHHOLDING LAST MONTH'S RENT. 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. 92.331. There is no limit on the amount of the reletting fee, but if it is not reasonable it might be . Renumbered from Sec. (b) A requirement that a tenant give advance notice of surrender as a condition for refunding the security deposit is effective only if the requirement is underlined or is printed in conspicuous bold print in the lease. WHEN TENANT'S REQUEST OR NOTICE MUST BE IN WRITING. CONDITIONS FOR RETENTION OF SECURITY DEPOSIT OR RENT PREPAYMENT. Senate Bill 1588 modifies Section 209.0064 of the Texas Property Code, which requires written notice of a delinquent account be sent to property owners by a property owners association that administers a subdivision development before the property owner can be made liable for the fees of a collection agent. 48, Sec. 92.264. (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. 3, eff. The term does not include occupancy before the initial occupancy date authorized under a lease. entrepreneurship, were lowering the cost of legal services and 917 (H.B. (c) If the tenant decides to pay a fee in lieu of a security deposit, an agreement to collect the fee must be in writing and signed by: (1) the landlord or the landlord's legal representative; and. 1, eff. TEXAS ATTORNEY ONLYwith current bar passed and licensed.What are limitations surrounding Reletting Fees? 18, eff. 5, eff. If the justice finds, after considering the evidence at the hearing, that the person has directly or indirectly disobeyed the writ, the justice may commit the person to jail without bail until the person purges the contempt action or omission in a manner and form as the justice may direct. (a) If the owner's interest in the premises is terminated by sale, assignment, death, appointment of a receiver, bankruptcy, or otherwise, the new owner is liable for the return of security deposits according to this subchapter from the date title to the premises is acquired. 1, eff. (d) The landlord must comply with the tenant's request for inspection or repair of a smoke alarm within a reasonable time, considering the availability of material, labor, and utilities. 92.258. Cost of the early termination fee (typically 1-2 months or rent) The landlord will officially consider the lease terminated after receipt of the signed notice and early . 1510), Sec. 305, Sec. Sec. (c) A tenant who terminates a lease under Subsection (b) shall deliver to the landlord or landlord's agent: (1) a written notice of termination of the lease; and. 200, Sec. 92.152. 576, Sec. handbook can be located in sections 24, 54, 91 and 92 of the Texas Property Code, which is available in your local law library and online at www.statutes.legis.state.tx.us. (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. Amended by Acts 1985, 69th Leg., ch. REMEDIES. (3) if the dwelling unit has multiple levels, at least one smoke alarm must be located on each level. Sec. The fee for single family rental properties is $43 annually. Acts 2011, 82nd Leg., R.S., Ch. (2) the tenant requested that the landlord repair, install, change, or rekey the same security device during the 30 days preceding the tenant's request, and the landlord complied with the request. 1120), Sec. 4, eff. 576, Sec. (e) This section does not apply if notice is actually hand delivered to and received by a person occupying the leased premises. 1, eff. 1, eff. Sec. 92.1041. This is also known as assignment of the lease to a new party. Added by Acts 2007, 80th Leg., R.S., Ch. (h) If a writ of possession is issued, it supersedes a writ of restoration of utility service. 576, Sec. 744, Sec. (d) If a suit is filed in a justice court requesting relief under Subsection (a), the justice court shall conduct a hearing on the request not earlier than the sixth day after the date of service of citation and not later than the 10th day after that date. 969 (H.B. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 4, eff. 1, eff. Sec. 2.28, 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.
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