Sec. 1, eff. Aug. 28, 1989. (a) A tenant is liable according to this subchapter if the tenant removes a battery from a smoke alarm without immediately replacing it with a working battery or knowingly disconnects or intentionally damages a smoke alarm, causing it to malfunction. 92.202. 92.202. 826, Sec. 10, eff. The fee for single family rental properties is $43 annually. (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. We will always provide free access to the current law. If the dwelling has no mailbox and has a keyless bolting device, alarm system, or dangerous animal that prevents the landlord from entering the premises to leave the notice on the inside of the main entry door, the landlord may securely affix the notice on the outside of the main entry door. (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. Acts 1983, 68th Leg., p. 3633, ch. September 1, 2017. 5, eff. Added by Acts 2007, 80th Leg., R.S., Ch. 92.152. (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. For purposes of this subchapter: (1) "Application deposit" means a sum of money that is given to the landlord in connection with a rental application and that is refundable to the applicant if the applicant is rejected as a tenant. September 1, 2017. SUBCHAPTER F. SMOKE ALARMS AND FIRE EXTINGUISHERS. 10.1 Your Responsibility. January 1, 2020. (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. (f) If an applicant requests a landlord to mail a refund of the applicant's application fee to the applicant, the landlord shall mail the refund check to the applicant at the address furnished by the applicant. (b) A keyed dead bolt or a keyless bolting device described in Section 92.151(6)(A) or (B) in a dwelling must: (1) have a strike plate screwed into the portion of the doorjamb surface that faces the edge of the door when the door is closed; or. . 4, eff. . Sept. 1, 1995; Acts 1995, 74th Leg., ch. 576, Sec. 1, eff. Sec. 92.204. 1205, Sec. 92.026. 4, eff. Facebook. (b) The landlord shall determine that the smoke alarm is in good working order at the beginning of the tenant's possession by testing the smoke alarm with smoke, by operating the testing button on the smoke alarm, or by following other recommended test procedures of the manufacturer for the particular model. 882), Sec. (a) For purposes of this section: (1) "Family violence" has the meaning assigned by Section 71.004, Family Code. (a) A tenant of a landlord who is liable under Section 92.202, 92.203, or 92.204 may obtain or exercise one or more of the following remedies: (1) a court order directing the landlord to make a disclosure required by this subchapter; (2) a judgment against the landlord for an amount equal to the tenant's actual costs in discovering the information required to be disclosed by this subchapter; (3) a judgment against the landlord for one month's rent plus $100; (4) a judgment against the landlord for court costs and attorney's fees; and. Added by Acts 1995, 74th Leg., ch. The request must be a separate document and may not be included as part of a lease agreement. (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. Added by Acts 1989, 71st Leg., ch. 918, Sec. 8, eff. LANDLORD'S DEFENSES. 1 While there is no specific Texas law governing how much these fees can be, excessive fees unrelated to actual early termination expenses may be struck down by a court. 917 (H.B. (k) If the landlord repairs or remedies the condition or delivers an affidavit for delay under Section 92.0562 to the tenant after the tenant has contacted a repairman but before the repairman commences work, the landlord shall be liable for the cost incurred by the tenant for the repairman's trip charge, and the tenant may deduct the charge from the tenant's rent as if it were a repair cost. 5.202 Texas Property Code - PROP 5.202. 576, Sec. Acts 1983, 68th Leg., p. 3632, ch. Acts 2015, 84th Leg., R.S., Ch. A repair bill and receipt may be the same document. (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. 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. 1, eff. Amended by Acts 1989, 71st Leg., ch. Categories craigslist phoenix jobs general labor. September 1, 2013. 531), Sec. (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. 91.006 - This regulation works in your favor. The nonprevailing party in a suit under this section is liable to the prevailing party for reasonable attorney's fees and court costs. WHEN TENANT'S REQUEST OR NOTICE MUST BE IN WRITING. (Please fully complete and return to us the Texas Realtors Notice of Tenant's Intent To Vacate Form) 2.) (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. A tenant of a landlord who is liable under Section 92.259 may obtain or exercise one or more of the following remedies: (1) a court order directing the landlord to comply with the tenant's request if the tenant is in possession of the dwelling unit; (2) a judgment against the landlord for damages suffered by the tenant because of the landlord's violation; (3) a judgment against the landlord for a civil penalty of one month's rent plus $100 if the landlord violates Section 92.259(a)(2); (4) a judgment against the landlord for court costs; (5) a judgment against the landlord for attorney's fees in an action under Subdivision (1) or (3); and. EFFECT ON OTHER LANDLORD DUTIES AND TENANT REMEDIES. Added by Acts 1995, 74th Leg., ch. Added by Acts 2019, 86th Leg., R.S., Ch. 3101), Sec. texas property code reletting fee - alternativeceremony.com (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. 1, eff. January 1, 2008. Acts 2015, 84th Leg., R.S., Ch. (2) sign a statement authorizing the landlord in the event of the tenant's death to: (A) grant to the person designated under Subdivision (1) access to the premises at a reasonable time and in the presence of the landlord or the landlord's agent; (B) allow the person designated under Subdivision (1) to remove any of the tenant's property found at the leased premises; and. (c) Regardless of whether the lease contains language complying with the requirements of Subsection (b), the additional time for landlord compliance provided by Subsection (b) does not apply if at the time the tenant served the written request for compliance on the landlord the tenant informed the landlord that an unauthorized entry occurred or was attempted in the tenant's dwelling, an unauthorized entry occurred or was attempted in another unit in the multiunit complex in which the tenant's dwelling is located during the two months preceding the date of the request, or a crime of personal violence occurred in the multiunit complex in which the tenant's dwelling is located during the two months preceding the date of the request, unless despite the diligence of the landlord: Sec. 588 (S.B. 869, Sec. 1, eff. (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.". 10, eff. The screw hooks must be at least three inches in length and must be screwed into the door frame stud or wall stud on each side of the door. The tenant must also state orally under oath to the justice the facts of the alleged unlawful utility disconnection. Sec. (c) A tenant may exercise the rights to terminate the lease under Subsection (b), vacate the dwelling before the end of the lease term, and avoid liability beginning on the date after all of the following events have occurred: (1) a judge signs an order described by Subsection (b-1)(1) if the tenant obtained such an order; (2) the tenant provides a copy of the relevant documentation described by Subsection (b-1)(1) or (2), as applicable, to the landlord; (3) the tenant provides written notice of termination of the lease to the landlord on or before the 30th day before the date the lease terminates; (4) the 30th day after the date the tenant provided notice under Subdivision (3) expires; and. (3) of the charges for each option described by Subdivision (1) or (2). 92.008(b) to (f) and amended by Acts 1995, 74th Leg., ch. (C) refund the tenant's security deposit, less lawful deductions, to the person designated under Subdivision (1). 10, eff. (b) At a minimum, an inspection under this section must include: (1) checking to ensure the fire extinguisher is present; and. In . This clause allows tenants to terminate the lease early if they follow the early termination rules. Sec. (3) a copy of the settled claim that documents payments made by the insurer to the landlord. Except as otherwise required by this subchapter, a landlord may select the type, brand, and manner of installation, including placement, of a security device installed under this subchapter. Acts 1983, 68th Leg., p. 3646, ch. (d) The tenant's notice under Subsection (a) must be in writing only if the tenant's lease is in writing and requires written notice. 15, eff. There will be a one-time $43 re-inspection fee assessed for that follow-up inspection to determine if the violation (s) previously identified have been abated. January 1, 2010. 1, eff. (2) an earlier date agreed to by the landlord and the tenant. (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. If a landlord offers a tenant the option of paying a fee in lieu of a security deposit, the landlord: (1) shall offer the tenant the option to instead pay a security deposit; and. (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. CESSATION OF OWNER'S INTEREST. (2) the landlord has given notice to the tenant that the landlord intends to exercise the landlord's remedies under this subchapter if the tenant does not reconnect, repair, or replace the smoke alarm or replace the removed battery within seven days after being notified by the landlord to do so. (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. Added by Acts 1993, 73rd Leg., ch. 576, Sec. TEXAS ATTORNEY ONLYwith current bar passed and licensed. (d) The writ of restoration of utility service 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 suit. Notice: 92.019, Property Code prohibits assessing a late fee until rent has remained unpaid for at least one full day after the date on which the rent is due. 689, Sec. Jan. 1, 1984. (i) If the landlord or the person on whom a writ of restoration of utility service is served fails to immediately comply with the writ or later disobeys the writ, the failure is grounds for contempt of court against the landlord or the person on whom the writ was served under Section 21.002, Government Code. (5-a) "Rental application" means a written request made by an applicant to a landlord to lease premises from the landlord. September 1, 2007. Redesignated from Property Code Sec. Sept. 1, 1997. 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. 1099), Sec. (g) A keyed dead bolt or a doorknob lock is not required to be installed at the landlord's expense on an exterior door if at the time the tenant agrees to lease the dwelling: (1) at least one exterior door usable for normal entry into the dwelling has both a keyed dead bolt and a keyless bolting device, installed in accordance with the height, strike plate, and throw requirements of Section 92.154; and. 337 (H.B. If a municipality or a county revokes a certificate of occupancy for a leased premises because of the landlord's failure to maintain the premises, the landlord is liable to a tenant who is not in default under the lease for: (1) the full amount of the tenant's security deposit; (2) the pro rata portion of any rental payment the tenant has paid in advance; (3) the tenant's actual damages, including any moving costs, utility connection fees, storage fees, and lost wages; and. Aug. 28, 1989; Acts 1997, 75th Leg., ch. 576, Sec. DEFINITIONS. (e) A landlord may comply with this section by providing to a tenant a complete copy of the lease: (2) in an electronic format if requested by the tenant; or. 92.332. SECURITY DEVICES REQUESTED BY TENANT. Sec. Guides: Landlord/Tenant Law: Ending the Lease - Texas September 1, 2019. Jan. 1, 1984. 917 (H.B. 576, Sec. (C) explaining the remedies available to the tenant for the landlord's failure to comply. Prop. 917 (H.B. REMOVAL OF PROPERTY AND EXCLUSION OF RESIDENTIAL TENANT. Acts 1983, 68th Leg., p. 3640, ch. Acts 1983, 68th Leg., p. 3638, ch. A sliding door pin lock or sliding door security bar required by this subchapter must be installed at a height not higher than: (1) 54 inches from the floor, if installed before September 1, 1993; or. Amended by Acts 1995, 74th Leg., ch. 92.204. (6) "Tenant" means a person who is authorized by a lease to occupy a dwelling to the exclusion of others and, for the purposes of Subchapters D, E, and F, who is obligated under the lease to pay rent. Sept. 1, 1993. 92.1041. (4) have the condition repaired or remedied if the condition is not covered by Paragraph (A), (B), or (C) of Subdivision (3) of Subsection (d) of this section and involves a condition affecting the physical health or safety of the ordinary tenant as referred to in Paragraph (D) of Subdivision (3) of Subsection (d) of this section and if the landlord has failed to repair or remedy the condition within seven days after delivery of the tenant's notice of intent to repair. 324 (S.B. If the lease is terminated, the tenant is entitled only to a pro rata refund of rent from the date the tenant moves out and to a refund of any security deposit otherwise required by law. (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. Sept. 1, 1993. (2) the landlord is required to repair or replace the fire extinguisher within a reasonable time if the tenant pays in advance the reasonable repair or replacement cost, including labor, materials, taxes, and overhead. 744, Sec. Added by Acts 2021, 87th Leg., R.S., Ch. The term does not include occupancy before the initial occupancy date authorized under a lease. (4) a living unit in an apartment, condominium, cooperative, or townhome project. (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. Sec. 92.0091. 1, eff. 1, eff. 12, eff. This is referred to as the landlord's duty to "mitigate damages". (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. (B) to deploy with a military unit for a period of 90 days or more. Sec. A party who prevails in a suit brought under this subsection may recover court costs and reasonable attorney's fees from the other party. If the writ is disobeyed, the tenant or the tenant's attorney may file in the court in which the action is pending an affidavit stating the name of the person who has disobeyed the writ and describing the acts or omissions constituting the disobedience. 348 (S.B. Sec. 337 (H.B. LIABILITY OF CERTAIN GUARANTORS UNDER LEASE. 13, eff. texas property code reletting fee - yeltech.com 165, Sec. LANDLORD LIABILITY AND TENANT REMEDIES; NOTICE AND TIME FOR REPAIR. 2, eff. How to Break a Lease Early and Legally | Legal Templates Single Family Rental Registration Frequently Asked Questions - Dallas U.S.C. 92.0161. (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. bosch b22ct80sns01 ice maker not working; texas property code reletting fee. 92.0191. 1, eff. Tweet Twitter . 92.111. Sept. 1, 1999. 3, eff. (c) If after a casualty loss the rental premises are partially unusable for residential purposes and if the casualty loss is not caused by the negligence or fault of the tenant, a member of the tenant's family, or a guest or invitee of the tenant, the tenant is entitled to reduction in the rent in an amount proportionate to the extent the premises are unusable because of the casualty, but only on judgment of a county or district court. Added by Acts 1993, 73rd Leg., ch. (e) A landlord who violates Subsection (b) or (d) is liable to the tenant for an amount equal to the total of one month's rent plus $100 and attorney's fees. (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. Sec. (c) If a landlord or a landlord's agent changes the door lock of a tenant who is delinquent in paying rent, the landlord or the landlord's agent must place a written notice on the tenant's front door stating: (1) an on-site location where the tenant may go 24 hours a day to obtain the new key or a telephone number that is answered 24 hours a day that the tenant may call to have a key delivered within two hours after calling the number; (2) the fact that the landlord must provide the new key to the tenant at any hour, regardless of whether or not the tenant pays any of the delinquent rent; and. 1, eff. (d) Disclosure of information to a government official or employee must be made by giving the information in writing to the official or employee on or before the seventh day after the date the landlord receives the request from the official or employee for the information. (b) A landlord shall perform additional rekeying or change a security device at the tenant's expense if requested by the tenant. 1, eff. 2, eff. Reletting a Rental Property A landlord relets a property by having a new tenant sign an entirely new lease. NOTICE OF TENANT'S DEDUCTION OF REPAIR COSTS FROM RENT. Section 511. Ask Your Own Real Estate Law Question 91.006 supports reletting fees by charging an assessment. 1, eff. 1349 (H.B. Sept. 1, 1993. 0 attorneys agreed. (2) be installed in a door with a metal doorjamb that serves as the strike plate. Jan. 1, 1984. Section 4001 et seq.). 92.005. A security device that is installed, changed, or rekeyed under this subchapter becomes a fixture of the dwelling. Acts 1983, 68th Leg., p. 3648, ch. A reasonable time for purposes of this subsection is presumed to be not later than the seventh day after the date a tenant's advance payment is received by the landlord, except as provided by Subsection (c). Added by Acts 1997, 75th Leg., ch. (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. Reletting Expenses Definition | Law Insider 92.252. Acts 1983, 68th Leg., p. 3649, ch. Added by Acts 2011, 82nd Leg., R.S., Ch. 92.2611. EXEMPTIONS. (g) A tenant's right to vacate a dwelling and avoid liability under Section 92.016 or 92.017 may not be waived by a tenant or a landlord, except as provided by those sections. NOTICE REGARDING VEHICLE TOWING OR PARKING RULES OR POLICIES. 869, Sec. The landlord may file subsequent affidavits, provided that the total delay of the repair or remedy extends no longer than six months from the date the landlord delivers the first affidavit to the tenant. 1, eff. 1414), Sec. 1, eff. (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. In Texas the re-let fee cannot exceed 85 percent of your monthly rent. Sec. Jan. 1, 1984. Re: Reletting Charge. The landlord's duty of inspection and repair of smoke alarms under Subchapter F may be waived only by written agreement. Most tenant insurance policies do not cover damages or loss incurred in a flood. 221 (H.B. 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 himself of the contempt in a manner and form as the justice may direct. PRESUMPTION OF REFUND OR ACCOUNTING. Reletting and Lease Buyout Explained : r/TenantHelp - reddit
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