Jan. 1, 1998. 92.020. 92.052. 92.158. (d) The acknowledgment may be part of the rental application if the notice is underlined or in bold print. 824 (S.B. (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. (6) No provision of this section shall affect any right of a foreclosing superior lienholder to terminate, according to law, any interest in the premises held by the holders of subordinate liens, encumbrances, leases, or other interests and shall not affect any right of the tenant to terminate the lease according to law. 31.01(71), eff. 322 (H.B. 3, eff. (i) If a landlord violates Subsection (f), the tenant may recover, in addition to the remedies provided by Subsection (h), an additional civil penalty of one month's rent. Added by Acts 1993, 73rd Leg., ch. Acts 2015, 84th Leg., R.S., Ch. (b) A customer shall provide written notice of a service disconnection to each tenant or owner at a nonsubmetered master metered multifamily property not later than the fifth day after the date the customer receives a notice of service disconnection from an electric service provider or a gas utility. BAD FAITH VIOLATION. DEFINITIONS. (d) If the landlord closes the rental unit after the tenant gives the landlord a notice to repair and the tenant moves out on or before the end of the rental term, the landlord must pay the tenant's actual and reasonable moving expenses, refund a pro rata portion of the tenant's rent from the date the tenant moves out, and, if otherwise required by law, return the tenant's security deposit. (b) A tenant who is a servicemember or a dependent of a servicemember may vacate the dwelling leased by the tenant and avoid liability for future rent and all other sums due under the lease for terminating the lease and vacating the dwelling before the end of the lease term if: (1) the lease was executed by or on behalf of a person who, after executing the lease or during the term of the lease, enters military service; or. This is because under Texas law (Tex. HARASSMENT. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 1198 (S.B. 1, eff. Sec. Aug. 26, 1985. 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. 576, Sec. (b) A landlord is liable to a tenant as provided by this subchapter if: (1) the tenant has given the landlord notice to repair or remedy a condition by giving that notice to the person to whom or to the place where the tenant's rent is normally paid; (2) the condition materially affects the physical health or safety of an ordinary tenant; (3) the tenant has given the landlord a subsequent written notice to repair or remedy the condition after a reasonable time to repair or remedy the condition following the notice given under Subdivision (1) or the tenant has given the notice under Subdivision (1) by sending that notice by certified mail, return receipt requested, by registered mail, or by another form of mail that allows tracking of delivery from the United States Postal Service or a private delivery service; (4) the landlord has had a reasonable time to repair or remedy the condition after the landlord received the tenant's notice under Subdivision (1) and, if applicable, the tenant's subsequent notice under Subdivision (3); (5) the landlord has not made a diligent effort to repair or remedy the condition after the landlord received the tenant's notice under Subdivision (1) and, if applicable, the tenant's notice under Subdivision (3); and. (a) If a landlord does not comply with Section 92.153 or 92.156(a) regarding installation or rekeying of a security device, the tenant may: (1) install or rekey the security device 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) 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, unilaterally terminate the lease without court proceedings; (3) file suit against the landlord without serving a request for compliance and obtain a judgment for: (A) a court order directing the landlord to comply, if the tenant is in possession of the dwelling; (D) attorney's fees except in suits for recovery of property damages, personal injuries, or wrongful death; and. Added by Acts 2013, 83rd Leg., R.S., Ch. LANDLORD'S DUTY TO PROVIDE COPY OF LEASE. (Please fully complete and return to us the Texas Realtors Notice of Tenant's Intent To Vacate Form) 2.) 1420, Sec. Sec. 91.002 and amended by Acts 1989, 71st Leg., ch. Sec. 475, Sec. (m) If an insurer seeks reimbursement under Subsection (l)(2), the insurer must include in the reimbursement demand: (1) evidence of damages or unpaid rent that the landlord submitted to the insurer; (2) evidence of damage repair costs that the landlord submitted to the insurer; and. 651 (H.B. (c) This section does not create a cause of action or expand an existing cause of action. Sec. In an eviction suit, retaliation by the landlord under Section 92.331 is a defense and a rent deduction lawfully made by the tenant under this chapter is a defense for nonpayment of the rent to the extent allowed by this chapter. 92.259. Renumbered from Property Code Sec. TERM OF PARKING PERMIT. 31.01(71), eff. Unless possession of a firearm or firearm ammunition on a landlord's property is prohibited by state or federal law, a landlord may not prohibit a tenant or a tenant's guest from lawfully possessing, carrying, transporting, or storing a firearm, any part of a firearm, or firearm ammunition: (2) in a vehicle located in a parking area provided for tenants or guests by the landlord of the leased premises; or. The notice must be given at the time of the reduced rent payment. This chapter applies only to the relationship between landlords and tenants of residential rental property. (e) If a tenant vacates the premises in breach of a written lease, the landlord may deduct from the tenant's security deposit the reasonable cost incurred by the landlord to rekey a security device as required by this section only if the lease includes a provision that is underlined or printed in boldface type authorizing the deduction. Amended by Acts 1993, 73rd Leg., ch. You should seek insurance coverage that would cover losses caused by a flood.". (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. CESSATION OF OWNER'S INTEREST. A landlord and tenant may agree otherwise in a written lease. September 1, 2015. Jan. 1, 1996. Sec. 1, eff. Amended by Acts 1997, 75th Leg., ch. Categories craigslist phoenix jobs general labor. 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. 92.1641. Amended by Acts 1989, 71st Leg., ch. 650, Sec. Sept. 1, 1993. A waiver under this section must be signed and in writing in a document separate from the lease and must comply with federal law. 92.009. Need actual paragraphs is Property Code 92 (?) 92.005. 4, eff. Sec. TENANT REMEDIES FOR OTHER LANDLORD VIOLATIONS. A repair bill and receipt may be the same document. (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. (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. 4, eff. 92.2571. Sec. (d) Repairs under this section may be made only if all of the following requirements are met: (1) The landlord has a duty to repair or remedy the condition under Section 92.052, and the duty has not been waived in a written lease by the tenant under Subsection (e) or (f) of Section 92.006. (2) the landlord does not give the information to the tenant or government official or employee before the eighth day after the date the tenant, official, or employee gives the landlord written notice that the tenant, official, or employee may exercise remedies under this subchapter if the landlord does not comply with the request by the tenant, official, or employee for the information within seven days. Sec. Sec. Sec. 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? (B) The landlord has expressly or impliedly agreed in the lease to furnish potable water to the tenant's dwelling and the water service to the dwelling has totally ceased. See 91.006 of the Texas Property Code: (a) A landlord has a duty to mitigate damages if a tenant abandons the leased premises in violation of the lease. Sec. 92.168. (a) A landlord that has an on-site management or superintendent's office for a residential rental property must provide to a tenant a telephone number that will be answered 24 hours a day for the purpose of reporting emergencies related to a condition of the leased premises that materially affects the physical health or safety of an ordinary tenant. 4, eff. (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. (4) "Deposited" means deposited in an account of the landlord or the landlord's agent in a bank or other financial institution. EFFECT ON OTHER RIGHTS. 92.101. (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. 650, Sec. Added by Acts 1993, 73rd Leg., ch. 4, eff. 92.017. (b) If a landlord is liable to the tenant under Subsection (a) of this section, the tenant may: (1) pay the utility company money to reconnect or avert the cutoff of utilities according to this section; (2) terminate the lease if the termination notice is in writing and move-out is to be within 30 days from the date the tenant has notice from the utility company of a future cutoff or notice of an actual cutoff, whichever is sooner; (3) deduct from the tenant's rent, without necessity of judicial action, the amounts paid to the utility company to reconnect or avert a cutoff; (4) if the lease is terminated by the tenant, deduct the tenant's security deposit from the tenant's rent without necessity of lawsuit or obtain a refund of the tenant's security deposit pursuant to law; (5) if the lease is terminated by the tenant, recover a pro rata refund of any advance rentals paid from the date of termination or the date the tenant moves out, whichever is later; (6) recover actual damages, including but not limited to moving costs, utility connection fees, storage fees, and lost wages from work; and. We will always provide free access to the current law. Termination of a lease under this subsection is effective when the tenant surrenders possession of the dwelling. 2.63, eff. 348 (S.B. If the tenant's rent payment to the landlord is subsidized in whole or in part by a governmental entity, the civil penalty granted under this section shall reflect the fair market rent of the dwelling plus $500. 650, Sec. 1, eff. (g) A landlord and a tenant may mutually agree for the tenant to repair or remedy, at the landlord's expense, any condition of the dwelling regardless of whether it materially affects the health or safety of an ordinary tenant. 1, eff. 1, eff. 576, Sec. Amended by Acts 1995, 74th Leg., ch. 744, Sec. Jan. 1, 1984. (14) "Sliding door security bar" means a bar or rod that can be placed at the bottom of or across the interior side of the fixed panel of a sliding glass door and that is designed to prevent the door from being opened. The landlord may charge an initial fee and a daily fee for each day the rent is late. 5, eff. (e) The owner of a dwelling shall reimburse a management company, managing agent, or on-site manager for costs expended by that person in complying with this subchapter. Sec. 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. 92.332. Texas Homes Realty & Management_ 633 E. Fernhurst Dr., Suite 701, Katy, TX 77450 (281) 646-9929 Office (281) 667-3247 Fax www.texashomesrealty.com Aug. 28, 1989. Amended by Acts 1997, 75th Leg., ch. 576, Sec. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. Acts 2013, 83rd Leg., R.S., Ch. (4) the tenant has the right to install or rekey a security device required by this subchapter and deduct the reasonable cost from the tenant's next rent payment, as provided by Subsection (a)(1). 869, Sec. (f) Repairs made pursuant to the tenant's notice must be made by a company, contractor, or repairman listed in the yellow or business pages of the telephone directory or in the classified advertising section of a newspaper of the local city, county, or adjacent county at the time of the tenant's notice of intent to repair. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING TENANT'S DEATH. Acts 2011, 82nd Leg., R.S., Ch. 1439, Sec. 92.154. 6, eff. 1, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. (2) The tenant's right to repair and deduct for conditions involving sewage backup or overflow, flooding inside the dwelling, or a cutoff of potable water under Subsection (e) of Section 92.0561 shall not be affected, and the tenant shall have no duty to give additional notice to the new landlord. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING FAMILY VIOLENCE. Jan. 1, 1984. (b) The notice must be given in person or by mail to the affected tenant. (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. 869, Sec. Court costs may be waived only if the tenant executes a pauper's affidavit. (b) Except as provided by Section 92.255(b), a smoke alarm may be powered by battery, alternating current, or other power source as required by local ordinance. Acts 1983, 68th Leg., p. 3653, ch. Most leases in Texas are written for initial fixed terms, usually 12 months. 1051 (H.B. Sec. 12, eff. 92.262. Acts 1983, 68th Leg., p. 3649, ch. 1, eff. (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. Section 4001 et seq.). Added by Acts 1995, 74th Leg., ch. 5, eff. 683, Sec. If you turn in keys voluntarily you're technically moving out, forcing the landlord to put the unit back on the market, thus breaking the agreement. 937, Sec. 2404), Sec. 952, Sec. 2, eff. Acts 1983, 68th Leg., p. 3648, ch. TENANT'S JUDICIAL REMEDIES. The fee for service of a writ of reentry is the same as that for service of a writ of possession. 92.019 Late Payment of Rent; Fees (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; (2) the fee is reasonable; and (3) (c) In an action brought by a tenant under this subchapter, the landlord has the burden of proving that the retention of any portion of the security deposit was reasonable. (a) The landlord is not liable for retaliation under this subchapter if the landlord proves that the action was not made for purposes of retaliation, nor is the landlord liable, unless the action violates a prior court order under Section 92.0563, for: (1) increasing rent under an escalation clause in a written lease for utilities, taxes, or insurance; or. 1371), Sec. 3, eff. (9) "Possession of a dwelling" means occupancy by a tenant under a lease, including occupancy until the time the tenant moves out or a writ of possession is issued by a court. (a) For purposes of this section: (1) "Family violence" has the meaning assigned by Section 71.004, Family Code. Added by Acts 2007, 80th Leg., R.S., Ch. Acts 1983, 68th Leg., p. 3640, ch. 1448), Sec. Jan. 1, 1996. (2) within a reasonable time after receiving a written request by a tenant. Texas Property Code as it applies to landlord and tenant arrangements. January 1, 2016. Added by Acts 1989, 71st Leg., ch. Acts 2007, 80th Leg., R.S., Ch. (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. 10, eff. RECORDS. Sec. 92.058. 91.002 by Acts 1987, 70th Leg., ch. 257 (H.B. 126, Sec. 1, eff. 92.167. 3, eff. (c) If a landlord does not provide the tenant the notice as required by this section, the landlord forfeits the right to collect damages and charges from the tenant. 92.106. (B) if the report or record described by Paragraph (A) identifies the victim by means of a pseudonym, as defined by Article 58.001, Code of Criminal Procedure, a copy of a pseudonym form completed and returned under Article 58.152(a) of that code. Added by Acts 2011, 82nd Leg., R.S., Ch. Ask Your Own Real Estate Law Question 91.006 supports reletting fees by charging an assessment. However, the tenant's remedies under this section shall cease if: (1) the landlord provides the tenant with written evidence from the utility that all delinquent sums due the utility have been paid in full; and. 91.002 by Acts 1987, 70th Leg., ch. (g) A tenant who terminates a lease under Subsection (b) is released from all liability for any delinquent, unpaid rent owed to the landlord by the tenant on the effective date of the lease termination if the lease does not contain language substantially equivalent to the following: "Tenants may have special statutory rights to terminate the lease early in certain situations involving certain sexual offenses or stalking.". (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. (2) the landlord fails to correct the information on or before the seventh day after the date the tenant gives the landlord written notice that the tenant may exercise the remedies under this subchapter if the corrected information is not provided within seven days. 2, eff. Jan. 1, 1984. This fee is meant to compensate the rental owners for the costs of releasing the unit. REMOVAL OF PROPERTY AND EXCLUSION OF RESIDENTIAL TENANT. The reletting . (e) A landlord who violates this section is liable to the tenant for actual damages, a civil penalty equal in amount to the amount of one month's rent plus $500, and attorney's fees. 1, eff. 2, eff. 1198 (S.B. Amended by Acts 1989, 71st Leg., ch. (d) In a written lease or other agreement, a landlord and a tenant may agree to a procedure different than the procedure in this section for removing, storing, or disposing of property in the leased premises of a deceased tenant. September 1, 2017. $3 fee for the first page and $2 for each succeeding page (Texas Local Government Code, Section 118.011). 31.01(71), eff. (f) The landlord is not obligated to provide batteries for a battery-operated smoke alarm after a tenant takes possession if the smoke alarm was in good working order at the time the tenant took possession. January 1, 2016. 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. (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. 1715), Sec. (6) the tenant was not delinquent in the payment of rent at the time any notice required by this subsection was given. Sec. Sec. (j) 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. 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. 576, Sec. 869, Sec. (d) A customer is not required to provide the notices described by this section if the customer avoids the disconnection by paying the bill. 16, eff. The term "keyless bolting device" does not include a chain latch, flip latch, surface-mounted slide bolt, mortise door bolt, surface-mounted barrel bolt, surface-mounted swing bar door guard, spring-loaded nightlatch, foot bolt, or other lock or latch; or. Sec. (e) A landlord may not change the locks on the door of a tenant's dwelling under Subsection (b)(3) on a day, or on a day immediately before a day, on which the landlord or other designated individual is not available, or on which any on-site management office is not open, for the tenant to tender the delinquent rent. 76, Sec. 1112, Sec. TENANT'S RIGHT TO SUMMON POLICE OR EMERGENCY ASSISTANCE. The tenant will have to give proper written notice and pay a fee. 21.001(97), eff. Jan. 1, 1996; Acts 1995, 74th Leg., ch. 1, eff. (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. Jan. 1, 1984. Join thousands of people who receive monthly site updates. (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.