PDF take over the occupancy of the home and allows the tenant to depart on Under Texas law, a landlord has an obligation to mitigate damages. 650, Sec. If you break the lease, you are responsible for the re-letting fee plus rent until the apartment is re-let. 1, eff. 917 (H.B. EMERGENCY PHONE NUMBER. Jan. 1, 1984. When a tenancy agreement ends early | Residential Tenancies Authority 337 (H.B. 31.01(71), eff. Texas Property Code Section 53.156 - Costs and Attorney's Fees Texas Statutes Prop. 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. (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. (a) In this section: (1) "Customer" means a person who is responsible for bills received for electric utility service or gas utility service provided to nonsubmetered master metered multifamily property. September 1, 2007. The term does not include a kitchen, dining room, bathroom, living room, utility room, or closet or storage area of a dwelling. A tenant's request or notice under this subchapter may be given orally unless the tenant has a written lease that requires the request or notice to be in writing and that requirement is underlined or in boldfaced print in the lease. Court costs may be waived only if the tenant executes a pauper's affidavit. LIABILITY OF LANDLORD. increasing citizen access. Payment of the fee, charge, or other sum of money by a tenant does not waive the right or remedies provided by this section. 225 (S.B. Sec. Acts 1983, 68th Leg., p. 3650, ch. January 1, 2006. 257 (H.B. In this subchapter: (1) "Doorknob lock" means a lock in a doorknob, with the lock operated from the exterior by a key, card, or combination and from the interior without a key, card, or combination. 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. 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. TENANT'S JUDICIAL REMEDIES. Sec. 11, eff. 7, eff. 869, Sec. (1-a) "Application fee" means a nonrefundable sum of money that is given to the landlord to offset the costs of screening an applicant for acceptance as a tenant. 1, eff. Jan. 1, 1984. (2) impose monetary or other penalties on a tenant who summons police or emergency assistance if the assistance was requested or dispatched based on the tenant's reasonable belief that an individual was in need of intervention or emergency assistance. Jan. 1, 1984. (16) "Window latch" means a device on a window that prevents the window from being opened and that is operated without a key and only from the interior. (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. If on a ceiling, it must be no closer than six inches to a wall or otherwise located in accordance with the manufacturer's installation instructions. REJECTION OF APPLICANT. (f) A keyless bolting device is not required to be installed at the landlord's expense if a tenant or occupant in the dwelling is over 55 years of age or has a physical or mental disability, the tenant requests, in writing, that the landlord deactivate or not install the keyless bolting device, and the tenant certifies in the request that the tenant or occupant is over 55 years of age or has a physical or mental disability. The request must be a separate document and may not be included as part of a lease agreement. (b) A tenant who violates this section is presumed to have acted in bad faith. 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. 576, Sec. (a) For purposes of this section: (1) "Family violence" has the meaning assigned by Section 71.004, Family Code. (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. (3) a nursing or convalescent home licensed by the Department of State Health Services and certified to meet the Life Safety Code under federal law and regulations. Sec. 92.005. 2, eff. 650, Sec. (l) The fee for filing a sworn complaint for reentry is the same as that for filing a civil action in justice court. (a) If the tenant withholds rents, causes repairs to be performed, or makes rent deductions for repairs in violation of this subchapter, the landlord may recover actual damages from the tenant. texas property code reletting fee - alternativeceremony.com (6) "Keyless bolting device" means a door lock not in the doorknob that locks: (A) with a bolt into a strike plate screwed into the portion of the doorjamb surface that faces the edge of the door when the door is closed or into a metal doorjamb that serves as the strike plate, operable only by knob or lever from the door's interior and not in any manner from the door's exterior, and that is commonly known as a keyless dead bolt; (B) by a drop bolt system operated by placing a central metal plate over a metal doorjamb restraint that protrudes from the doorjamb and that is affixed to the doorjamb frame by means of three case-hardened screws at least three inches in length. http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.92.htm#92.019 (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. (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. Court costs may be waived only if the tenant executes a pauper's affidavit. TENANT'S REMEDY ON NOTICE FROM MANAGEMENT COMPANY. (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. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING TENANT'S DEATH. Sec. 650, Sec. (b) Except as provided in Subsection (c), a landlord of a tenant who is liable under Subsection (a) may obtain a judgment against the tenant for damages suffered by the landlord because the tenant removed a battery from a smoke alarm without immediately replacing it with a working battery or knowingly disconnected or intentionally damaged the smoke alarm, causing it to malfunction. Section 92.259 of the Texas Property Code This section allows a tenant whose landlord did not install, inspect, or repair a smoke alarm in accordance with the law the right to break the lease without going to court. What is a Reletting charge in Texas? - Recipes FAQs (2) enter the payment date and amount in a record book maintained by the landlord. Section 207.003 of the Texas Property Code governs the requirement for a residential subdivision or townhome to provide a resale certificate to an owner upon request as well as the consequences for an association who fails to comply with such a request. 332, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. The deferred payment plan must allow the tenant to pay the outstanding electric bill in installments that extend beyond the due date of the next electric bill and must provide that the delinquent amount may be paid in equal installments over a period equal to at least three electric service billing cycles. Jan. 1, 1984. (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. (b) Notice under this section must be in writing and may be given in person, by mail, or by delivery to the premises. It prohibits them for withholding a portion of the deposit for repairs of conditions caused by normal wear and tear. 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. NOTICE TO TENANT AT PRIMARY RESIDENCE. 92.331 by Acts 1997, 75th Leg., ch. (c) If a security device required by Section 92.153 to be installed on or after January 1, 1995, without necessity of a tenant's request has not been installed by the landlord, the tenant may request the landlord to immediately install it, and the landlord shall immediately install it at the landlord's expense. The current agreement is ending on 1 June 2021, but the tenant has purchased a property and wants to vacate on 1 May 2021. Sec. (a) This section applies only to a tenant in a multiunit complex, as that term is defined by Section 92.151. Sec. TENANT REMEDIES FOR LANDLORD'S FAILURE TO INSTALL OR REKEY CERTAIN SECURITY DEVICES. Various state laws limit the maximum amount a landlord can charge, so check your state's laws and regulations. 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. Sept. 1, 1993. 92.263. Added by Acts 1993, 73rd Leg., ch. (As a point of reference, the Texas Apartment Association's standard lease sets reletting fees at 85% of a month's rent. Sec. The tenant will have to give proper written notice and pay a fee. 92.062. A managing or leasing agent, whether residing or maintaining an office on-site or off-site, is the agent of the landlord for purposes of notice and other communications required or permitted by this subchapter. (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. September 1, 2019. 92.2571. (a) At the time an applicant is provided with a rental application, the landlord shall make available to the applicant printed notice of the landlord's tenant selection criteria and the grounds for which the rental application may be denied, including the applicant's: (5) failure to provide accurate or complete information on the application form. (e) Repealed by Acts 2017, 85th Leg., R.S., Ch. (2) is liable for the tenant's reasonable attorney's fees in a suit to recover the deposit. Security Deposit Refund Texas Renters Rights Law (b) The landlord may not retain any portion of a security deposit to cover normal wear and tear. 18 (S.B. The term includes a door between a living area and a garage but does not include a sliding glass door or a screen door. LANDLORD'S DEFENSES. The re-let fee does not include any cleaning or repair fees you are charged. 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. (b) Except as provided by this section, a landlord may not interrupt or cause the interruption of water, wastewater, gas, or electric service furnished to a tenant by the landlord as an incident of the tenancy or by other agreement unless the interruption results from bona fide repairs, construction, or an emergency. Aug. 31, 1987. 5, eff. 576, Sec. Renumbered from Sec. The landlord has the burden of proving that the tenant received a copy of the rule or policy change. 576, Sec. Jan. 1, 1996. (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. (a) A landlord's liability under this section is subject to Section 92.052(b) regarding conditions that are caused by a tenant and Section 92.054 regarding conditions that are insured casualties. (B) 48 inches from the floor, if installed on or after September 1, 1993. A request by a government official or employee for information must be in writing. (c) A landlord who violates this section is liable to the tenant for an amount equal to the sum of $100, three times the amount of the late fee collected in violation of this section, and the tenant's reasonable attorney's fees. Sec. 92.0563. 1, eff. 1414), Sec. Our rights and remedies under paragraphs 11 and 32 apply to acceleration under this paragraph. (d) The writ of reentry must be served on either the landlord or the landlord's management company, on-premises manager, or rent collector in the same manner as a writ of possession in a forcible detainer action. (a) 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. Sept. 1, 1995. 91.002 and amended by Acts 1989, 71st Leg., ch. Section 92.019 Texas Property Code Sec. PDF Texas Homes Realty & Management - Katy Property Management (2) a servicemember, while in military service, executes the lease and after executing the lease receives military orders: (A) for a permanent change of station; or. 177), Sec. 1, eff. (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. Acts 1983, 68th Leg., p. 3639, ch. 92.334 by Acts 1997, 75th Leg., ch. (2) may not terminate or suspend the permit until the date the tenant's right of possession ends. 48, Sec. 21.001, eff. January 1, 2010. 1, eff. (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. 91.002 by Acts 1987, 70th Leg., ch. 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.
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