(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. (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. 92.255. Sec. (f) A landlord and tenant may agree that, except for those conditions caused by the negligence of the landlord, the tenant has the duty to pay for repair of the following conditions that may occur during the lease term or a renewal or extension: (1) damage from wastewater stoppages caused by foreign or improper objects in lines that exclusively serve the tenant's dwelling; (2) damage to doors, windows, or screens; and. (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. 92.058. (C) located on the same lot or tract or adjacent lots or tracts of land. Sec. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING CERTAIN SEX OFFENSES OR STALKING. 882), Sec. January 1, 2021. 92.0131. Acts 2011, 82nd Leg., R.S., Ch. 1439, Sec. January 1, 2010. 3101), Sec. 576, Sec. Minimum notice for a tenant to request an early termination of lease (typically 30-60 days) Notice must be written and signed by all tenants involved in the termination. Sec. If on a wall, it must be no closer than six inches and no farther than 12 inches from the ceiling or otherwise located in accordance with the manufacturer's installation instructions. How Much Does It Cost To Break a Lease? - The Balance Small Business (a) If a landlord has interrupted utility service in violation of Section 92.008, the tenant may obtain relief as provided by this section. 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. Sec. NOTICE OF RULE OR POLICY CHANGE AFFECTING TENANT'S PERSONAL PROPERTY. (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 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. Sec. Amended by Acts 1995, 74th Leg., ch. (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. 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. (d) The tenant remedies under this section are effective on the date the tenant has notice from the utility company of a future cutoff or notice of an actual cutoff, whichever is sooner. 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. 576, Sec. Jan. 1, 1984. HEIGHT, STRIKE PLATE, AND THROW REQUIREMENTS--KEYED DEAD BOLT OR KEYLESS BOLTING DEVICE. 1, eff. 2, eff. POSSESSION OF FIREARMS OR FIREARM AMMUNITION ON LEASED PREMISES. 8 , 2022. Texas Rules on Cash Rental Payments The landlord has a duty to mitigate its damages and try to re-let the apartment but this can be difficult to enforce. 225 (S.B. Added by Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1993. Jan. 1, 1984. Added by Acts 2005, 79th Leg., Ch. Jan. 1, 1984. 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. (c) Affidavits under this section may delay repair by the tenant for: (1) 15 days if the landlord's failure to repair is caused by a delay in obtaining necessary parts for which the landlord is not at fault; or. (2) date the landlord accepts an application deposit if the landlord does not furnish the applicant an application form. Sec. Added by Acts 2013, 83rd Leg., R.S., Ch. 1, eff. Most leases in Texas are written for initial fixed terms, usually 12 months. Sec. (a) A landlord shall give prior written notice to a tenant regarding a landlord rule or policy change that is not included in the lease agreement and that will affect any personal property owned by the tenant that is located outside the tenant's dwelling. 1099), Sec. January 1, 2006. 5, eff. Acts 1983, 68th Leg., p. 3650, ch. SUBCHAPTER E. DISCLOSURE OF OWNERSHIP AND MANAGEMENT. January 1, 2006. 576, Sec. (4) the fee, unless otherwise specified, is not paying for insurance that covers the tenant or otherwise changes the tenant's obligation to pay rent and damages beyond normal wear and tear. Jan. 1, 1996. 9, eff. However, this subchapter does not: (1) affect a local ordinance adopted before September 1, 1981, that requires landlords to install smoke alarms in new or remodeled dwelling units before September 1, 1981, if the ordinance conforms with or is amended to conform with this subchapter; (2) limit or prevent adoption or enforcement of a local ordinance relating to fire safety as a part of a building, fire, or housing code, including any requirements relating to the installation of smoke alarms or the type of smoke alarms; (3) otherwise limit or prevent the adoption of a local ordinance that conforms to this subchapter but which contains additional enforcement provisions, except as provided by Subsection (b); or. 92.055. 1, eff. 2, eff. Sec. (2) 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 Section 92.162. Added by Acts 1999, 76th Leg., ch. 1, eff. (k) For purposes of Subsection (j), "significant financial loss of income" means a reduction of 10 percent or more of the tenant's household income caused by the tenant's military service. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 576, Sec. September 1, 2011. (C) designed to prevent the door from being opened. Jan. 1, 1984. 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. (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. 469 (H.B. Sec. Through social 1, eff. The tenant will have to give proper written notice and pay a fee. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. (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. (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. 588 (S.B. 92.335. (i) The tenant shall not have authority to contract for labor or materials in excess of what the tenant may deduct under this section. Sec. 1, eff. A landlord and tenant may agree to the provisions of this subsection only if the agreement meets the requirements of Subdivision (4) of Subsection (e) of this section. Jan. 1, 1996. 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. 1367), Sec. (5) unilateral termination of the lease without a court proceeding. (d) This section does not affect the obligations or liability of the tenant or the tenant's estate under the lease before the lease is terminated under this section, including the liability of the tenant or the tenant's estate for: (2) damages to the leased premises not caused by normal wear and tear. (2) after the tenant moves out the landlord will either immediately demolish the rental unit or no longer use the unit for residential purposes. (2) United States mail, addressed to the applicant and postmarked on or before the required date. (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. 92.101. LANDLORD'S DEFENSES RELATING TO COMPLIANCE WITH TENANT'S REQUEST. The notice must be given at the time of the reduced rent payment. (a) At a tenant's request made at any time, a landlord, at the tenant's expense, shall install: (1) a keyed dead bolt on an exterior door if the door has: (A) a doorknob lock but not a keyed dead bolt; or, (B) a keyless bolting device but not a keyed dead bolt or doorknob lock; and. 1198 (S.B. 9, eff. 1448), Sec. 92.331. BAD FAITH VIOLATION. January 1, 2008. Aug. 28, 1989. What is a Reletting charge? - Quora (b) The tenant shall notify the landlord in writing of any change in the tenant's primary residence address. An owner of real property who files a notice of appeal of a judgment of a justice court to the county court perfects the owner's appeal and stays the effect of the judgment without the necessity of posting an appeal bond. LIABILITY OF CERTAIN GUARANTORS UNDER LEASE. 92.253. September 1, 2007. Subletting vs Reletting: Which Is Best For Me? - Apartment Life 1, eff. (7) "Landlord" means a dwelling owner, lessor, sublessor, management company, or managing agent, including an on-site manager. CASH RENTAL PAYMENTS. Acts 2015, 84th Leg., R.S., Ch. 576, Sec. (Tex. 8, eff. 1, eff. (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. What's the Difference Between a Lease Termination Charge and a 1, eff. Changes to Law Regarding Resale Certificates- 2021 Legislative Session 92.158 and amended 2001, 77th Leg., ch. 1, eff. (c) The tenant's claim to the security deposit takes priority over the claim of any creditor of the landlord, including a trustee in bankruptcy. 9, 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. Unfortunately, many tenants are unaware of this law and do not receive a proper refund of their deposit. (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. (b) The landlord may not retain any portion of a security deposit to cover normal wear and tear. 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). (C) by a metal bar or metal tube that is placed across the entire interior side of the door and secured in place at each end of the bar or tube by heavy-duty metal screw hooks. Sec. (a) For purposes of this section: (1) "Family violence" has the meaning assigned by Section 71.004, Family Code. 92.334. Acts 1983, 68th Leg., p. 3651, ch. 869, Sec. The landlord may charge an initial fee and a daily fee for each day the rent is late. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 869, Sec. 576, Sec. Jan. 1, 1984. 1303), Sec. Re: Reletting Charge. 409 (H.B. Amended by Acts 1989, 71st Leg., ch. Jan. 1, 1984. 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. (k) If a tenant in bad faith files a sworn complaint for reentry resulting in a writ of reentry being served on the landlord or landlord's agent, the landlord may in a separate cause of action recover from the tenant an amount equal to actual damages, one month's rent or $500, whichever is greater, reasonable attorney's fees, and costs of court, less any sums for which the landlord is liable to the tenant. Acts 1983, 68th Leg., p. 3632, ch. (f) A landlord who violates this section is liable to the tenant for actual damages, a civil penalty equal to the amount of one month's rent plus $500, and attorney's fees. Acts 1983, 68th Leg., p. 3633, ch. 869, Sec. 1168), Sec. (b) A smoke alarm must be installed on a ceiling or wall. SECURITY DEPOSIT. This duty does not exist with respect to damage or a malfunction caused by the tenant, the tenant's family, or the tenant's guests or invitees during the term of the lease or a renewal or extension, except that the landlord has a duty to repair or replace the smoke alarm if the tenant pays in advance the reasonable repair or replacement cost, including labor, materials, taxes, and overhead. This is referred to as the landlord's duty to "mitigate damages". 200, Sec. 1276, Sec. 1, eff. Sept. 1, 1997. (a) A landlord who has expressly or impliedly agreed in the lease to furnish and pay for water, gas, or electric service to the tenant's dwelling is liable to the tenant if the utility company has cut off utility service to the tenant's dwelling or has given written notice to the tenant that such utility service is about to be cut off because of the landlord's nonpayment of the utility bill. (4) court costs and attorney's fees arising from any related cause of action by the tenant against the landlord. The landlord has a defense to liability under Section 92.259 if: (1) on the date the tenant gives the notice required by Section 92.259 the tenant has not paid all rent due from the tenant; or. WAIVER. (j) A person who receives information under Subsection (c), (c-1), or (d) may not disclose the information to any other person except for a legitimate or customary business purpose or as otherwise required by law. Sept. 1, 2003. June 19, 2009. 576, Sec. Renumbered from Property Code Sec. 302), Sec. (c) If the landlord retains all or part of a security deposit under this section, the landlord shall give to the tenant the balance of the security deposit, if any, together with a written description and itemized list of all deductions. September 1, 2019. (b) A landlord may not intentionally prevent a tenant from entering the leased premises except by judicial process unless the exclusion results from: (1) bona fide repairs, construction, or an emergency; (2) removing the contents of premises abandoned by a tenant; or. RELETTING FEE: Resident acknowledges that the Reletting Fee is not a cancellation fee or a buyout fee.. NON-PERFORMANCE OF VENDORS DUTIES RELETTING CHARGES If the Vendor fails to perform in accordance with the terms of this Contract, the Port Authority may obtain the goods or services from another Vendor and charge the seller the difference in price, if any . 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. Redesignated from Property Code Sec. Sec. $3 fee for the first page and $2 for each succeeding page (Texas Local Government Code, Section 118.011). Added by Acts 2007, 80th Leg., R.S., Ch. Sec. 92.158. (b) A landlord shall provide to a tenant a written notice substantially equivalent to the following: "(Landlord) ( ) is or ( ) is not aware that the dwelling you are renting is located in a 100-year floodplain. 869, Sec. (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. 31.01(71), eff. Texas Laws About Breaking a Lease | Caretaker 531), Sec. (h) A tenant's right to a jury trial in an action brought under this chapter may not be waived in a lease or other written agreement. LANDLORD AFFIDAVIT FOR DELAY. (d) A landlord and a tenant may agree for the tenant to repair or remedy, at the landlord's expense, any condition covered by Subchapter B. 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 written notice must include the customer's contact information and the tenant's remedies under Section 92.301. (2) if an entity located off-site from the dwelling is primarily responsible for managing the dwelling, the name and street address of the management company. (h) This section does not affect a tenant's liability for delinquent, unpaid rent or other sums owed to the landlord before the date the lease was terminated by the tenant under this section. Added by Acts 1995, 74th Leg., ch. 91.002 by Acts 1987, 70th Leg., ch. 7, eff. Texas Property Code Section 53.156 - Costs and Attorney's Fees 576, Sec. (2) a copy of documentation of the family violence against the tenant or an occupant from: (A) a licensed health care services provider who examined the victim; (B) a licensed mental health services provider who examined or evaluated the victim; or. If a landlord spends the equivalent of the reletting fee to re-rent the apartment, then that is a legitimate charge. (a) This section applies only to a tenant in a multiunit complex, as that term is defined by Section 92.151. (b) A landlord may allow an occupancy rate of more than three adult tenants per bedroom: (1) to the extent that the landlord is required by a state or federal fair housing law to allow a higher occupancy rate; or.
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