Jan. 1, 1984. 92.019. (b) A landlord who in bad faith does not provide a written description and itemized list of damages and charges in violation of this subchapter: (1) forfeits the right to withhold any portion of the security deposit or to bring suit against the tenant for damages to the premises; and. (5) engaging, in bad faith, in a course of conduct that materially interferes with the tenant's rights under the tenant's lease. Acts 1983, 68th Leg., p. 3653, ch. (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. 19, eff. (3) if the dwelling unit has multiple levels, at least one smoke alarm must be located on each level. texas property code reletting fee texas property code reletting fee 92.0561. 3, eff. Another good online resource for tenants can be found at www.texaslawhelp.org. 2, eff. 1086), Sec. (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. 6, eff. REPAIR OR CLOSING OF LEASEHOLD. Texas law governing commercial leases is found in Title 8, Chapter 93 of the Texas Property Code. 576, Sec. The notice must include the following text in both English and Spanish: "Notice to residents of (name and address of nonsubmetered master metered multifamily property): Electric (or gas) service to this property is scheduled for disconnection on (date) because (reason for disconnection).". 1, eff. (C) enter or exit a vehicle on the leased premises or located in a parking area provided by the landlord for tenants or guests. (e) If a rule or policy change is made during the term of the lease agreement, the change: (A) apply to all of the landlord's tenants in the same multiunit complex and be based on necessity, safety or security of tenants, reasonable requirements for construction on the premises, or respect for other tenants' parking rights; or, (B) be adopted based on the tenant's written consent; and. 92.104. (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. 1198 (S.B. (a) A representative of the estate of a tenant who dies before the expiration of the tenant's lease and was, at the time of the tenant's death, the sole occupant of a rental dwelling may terminate the tenant's rights and obligations under the lease and may vacate the leased premises and avoid liability for future rent and any other sums due under the lease for terminating the lease and vacating the leased premises before the end of the lease term if: (1) the representative provides to the landlord or the landlord's agent written notice of the termination of the lease under this section; (2) the deceased tenant's property is removed from the leased premises in accordance with Section 92.014(c) or (d); and. Sept. 1, 1993; Acts 1995, 74th Leg., ch. (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. 92.257. (d) This section does not apply to locks on closet doors or other interior doors. Sept. 1, 1989. 1, eff. 1, eff. (3) of the charges for each option described by Subdivision (1) or (2). Acts 2017, 85th Leg., R.S., Ch. Sec. The landlord may satisfy that burden of proof by providing evidence that the landlord: (1) delivered the notice by certified mail, return receipt requested, addressed to the tenant at the tenant's dwelling; or. LIABILITY OF CERTAIN GUARANTORS UNDER LEASE. 92.023. 6, eff. 2404), Sec. (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. The term includes double-hinged patio doors. (b) If the landlord does not provide a written explanation for delay in performing a duty to repair or remedy on or before the fifth day after receiving from the tenant a written demand for an explanation, the landlord has the burden of proving that he made a diligent effort to repair and that a reasonable time for repair did not elapse. Acts 1983, 68th Leg., p. 3645, ch. (b) This section does not authorize a recovery of attorney's fees in an action brought under Subchapter E or F for damages that relate to or arise from property damage, personal injury, or a criminal act. Acts 1983, 68th Leg., p. 3632, ch. 16, eff. September 1, 2021. (b) A smoke alarm must be installed on a ceiling or wall. Join thousands of people who receive monthly site updates. 1109), Sec. 869, Sec. (c) The justice, county, and district courts have concurrent jurisdiction in an action under Subsection (a). Sec. 576, Sec. Jan. 1, 1996. (11) "Security device" means a doorknob lock, door viewer, keyed dead bolt, keyless bolting device, sliding door handle latch, sliding door pin lock, sliding door security bar, or window latch in a dwelling. January 1, 2008. RESIDENTIAL TENANT'S RIGHT OF RESTORATION AFTER UNLAWFUL UTILITY DISCONNECTION. Aug. 28, 1989; Acts 1997, 75th Leg., ch. (c) If Subsection (b) does not apply, the owner's management company, on-premise manager, or rent collector serving the dwelling is the owner's authorized agent for service of process unless the owner's name and business street address have been furnished in writing to the tenant. REKEYING OR CHANGE OF SECURITY DEVICES. (b) A tenant who violates this section is presumed to have acted in bad faith. Sec. Aug. 28, 1995. (c) Notwithstanding Subsection (b), a landlord is not required to disclose on the notice that the landlord is aware that a dwelling is located in a 100-year floodplain if the elevation of the dwelling is raised above the 100-year floodplain flood levels in accordance with federal regulations. 92.013 by Acts 2001, 77th Leg., ch. The reletting . 92.0562. (e-1) A landlord who changes the locks or otherwise prevents a tenant from entering the tenant's individual rental unit may not change the locks or otherwise prevent a tenant from entering a common area of residential rental property. (e) A correction to the information may be made by any of the methods authorized for providing the information. (h) A landlord who violates this section is liable to the tenant for actual damages, a civil penalty in an amount equal to the amount of one month's rent plus $500, and attorney's fees. 5, eff. 357, Sec. (Please fully complete and return to us the Texas Realtors Notice of Tenant's Intent To Vacate Form) 2.) Amended by Acts 1995, 74th Leg., ch. Jan. 1, 1996. 1, eff. (b) The notice must be given in person or by mail to the affected tenant. 576, Sec. (c) The expense of rekeying security devices for purposes of the use or change of the landlord's master key must be paid by the landlord. Sec. 92.0132. 4, eff. 1, eff. If you move out before your lease is up, your landlord may subtract a reletting fee from your security deposit. ALTERNATIVE COMPLIANCE. 3101), Sec. The writ of restoration of utility service must notify the landlord of the right to a hearing. SUBCHAPTER F. SMOKE ALARMS AND FIRE EXTINGUISHERS. Sec. Texas law allows landlords to charge tenants for costs related to filling a vacancy left when a tenant terminates a lease without just cause. A landlord shall provide to the tenant in a multiunit complex, as that term is defined by Section 92.151, a copy of any applicable vehicle towing or parking rules or policies of the landlord and any changes to those rules or policies as provided by Section 92.0131. Acts 1983, 68th Leg., p. 3637, ch. Acts 1983, 68th Leg., p. 3635, ch. 4, eff. 48, Sec. The reletting fee (not a "relenting fee") is a sum you pay to the landlord to cover the expenses incurred in reletting your apartment in the event you break your lease and move out before. 92.0191. 869, Sec. 1, eff. Sec. 1268 (H.B. (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. 92.051. Aug. 28, 1989. 1, eff. 576, Sec. (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. Sec. 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. (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. 1, eff. (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. The tenant will have to give proper written notice and pay a fee. 2118), Sec. January 1, 2016. http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.92.htm#92.019 Amended by Acts 1989, 71st Leg., ch. Jan. 1, 1984. September 1, 2011. (d) If there is more than one tenant on a lease, the landlord is not required under this section to send notices to the primary residence of more than one tenant. (c) A tenant or a governmental entity or civic association acting on the tenant's behalf may file suit against a landlord to enjoin a violation of this section. or TAR (Texas Association of Realtors) form, then it comports with property code law and means what it says. 1, eff. (a) A landlord shall make a diligent effort to repair or remedy a condition if: (1) the tenant specifies the condition in a notice to the person to whom or to the place where rent is normally paid; (2) the tenant is not delinquent in the payment of rent at the time notice is given; and, (A) materially affects the physical health or safety of an ordinary tenant; or. APPLICATION. (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. EFFECT ON OTHER LANDLORD DUTIES AND TENANT REMEDIES. DUTY TO REPAIR OR REPLACE. In . (b) A tenant may, without request from the landlord, provide the landlord with the information in Subsection (a). 917 (H.B. NOTICE FOR TERMINATING CERTAIN TENANCIES. NONRETALIATION. Sec. Added by Acts 2013, 83rd Leg., R.S., Ch. 1112, Sec. 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. September 1, 2011. 76, Sec. If the person disobeyed the writ before receiving the show cause order but has complied with the writ after receiving the order, the justice may find the person in contempt and assess punishment under Section 21.002(c), Government Code. (c) If the tenant is a victim or a parent or guardian of a victim of sexual assault under Section 22.011, Penal Code, aggravated sexual assault under Section 22.021, Penal Code, indecency with a child under Section 21.11, Penal Code, sexual performance by a child under Section 43.25, Penal Code, continuous sexual abuse of young child or disabled individual under Section 21.02, Penal Code, or an attempt to commit any of the foregoing offenses under Section 15.01, Penal Code, that takes place during the preceding six-month period on the premises or at any dwelling on the premises, the tenant shall provide to the landlord or the landlord's agent a copy of: (1) documentation of the assault or abuse, or attempted assault or abuse, of the victim from a licensed health care services provider who examined the victim; (2) documentation of the assault or abuse, or attempted assault or abuse, of the victim from a licensed mental health services provider who examined or evaluated the victim; (3) documentation of the assault or abuse, or attempted assault or abuse, of the victim from an individual authorized under Chapter 420, Government Code, who provided services to the victim; or. 869, Sec. 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. 92.158 and amended 2001, 77th Leg., ch. Sec. 92.169. (3) the tenant is entitled to any defenses to payment against the insurer as against the landlord. (b) At a minimum, an inspection under this section must include: (1) checking to ensure the fire extinguisher is present; and. (b) The tenant does not forfeit the right to a refund of the security deposit or the right to receive a description of damages and charges merely for failing to give a forwarding address to the landlord. (l) The fee for filing a sworn complaint for reentry is the same as that for filing a civil action in justice court. 8, eff. (a) If a security deposit is required by a residential lease, the landlord may choose to offer the tenant an option to pay a fee in lieu of a security deposit. 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) 9, eff. Jan. 1, 1984. Added by Acts 2009, 81st Leg., R.S., Ch. Original Source: (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. Sec. (a) The landlord shall inspect and repair a smoke alarm according to this section. Sec. 92.024. Sec. Added by Acts 1995, 74th Leg., ch. 165, Sec. A landlord is entitled to verify the significant financial loss of income in order to determine whether a tenant is entitled to terminate a lease if the tenant has signed a waiver under this section and moves within 30 miles of the dwelling into housing that is not owned or occupied by family or relatives of the tenant or the tenant's dependent. Added by Acts 2021, 87th Leg., R.S., Ch. (D) the agreement is made knowingly, voluntarily, and for consideration. 92.004. REMEDIES. CONDITIONS FOR RETENTION OF SECURITY DEPOSIT OR RENT PREPAYMENT. 5, eff. Reletting is a penalty for breaking your lease. 1, 3, eff. 600 (H.B. 921 (H.B. This subsection shall not affect the landlord's duty under Subchapter B to repair or remedy, at the landlord's expense, wastewater stoppages or backups caused by deterioration, breakage, roots, ground conditions, faulty construction, or malfunctioning equipment. 2, eff. (4) affect a local ordinance that requires regular inspections by local officials of smoke alarms in dwelling units and that requires smoke alarms to be operational at the time of inspection. Added by Acts 2019, 86th Leg., R.S., Ch. 332, Sec. Sec. 1439, Sec. (b) If a rental applicant requests that any acceptance of the applicant or any refund of the applicant's application deposit be mailed to the applicant, the landlord must mail the refund check to the applicant at the address furnished by the applicant. Sept. 1, 1989. Acts 2015, 84th Leg., R.S., Ch. The tenant selection criteria may include factors such as criminal history, credit history, current income, and rental history. However, a landlord may deactivate or remove the locking mechanism of a doorknob lock or remove any device not qualifying as a keyless bolting device if a keyed dead bolt has been installed on the same door. 1198 (S.B. (a) If, at the time of signing a lease or lease renewal, a tenant gives written notice to the tenant's landlord that the tenant does not occupy the leased premises as a primary residence and requests in writing that the landlord send notices to the tenant at the tenant's primary residence and provides to the landlord the address of the tenant's primary residence, the landlord shall mail to the tenant's primary residence: (3) all notices of rental increases at the end of the lease term; and. Jan. 1, 1984. 1349 (H.B. 92.259. TENANT'S REMEDIES REGARDING REVOCATION OF CERTIFICATE OF OCCUPANCY. 12, eff. (b) An eviction or lease termination based on the following circumstances, which are valid grounds for eviction or lease termination in any event, does not constitute retaliation: (1) the tenant is delinquent in rent when the landlord gives notice to vacate or files an eviction action; (2) the tenant, a member of the tenant's family, or a guest or invitee of the tenant intentionally damages property on the premises or by word or conduct threatens the personal safety of the landlord, the landlord's employees, or another tenant; (3) the tenant has materially breached the lease, other than by holding over, by an action such as violating written lease provisions prohibiting serious misconduct or criminal acts, except as provided by this section; (4) the tenant holds over after giving notice of termination or intent to vacate; (5) the tenant holds over after the landlord gives notice of termination at the end of the rental term and the tenant does not take action under Section 92.331 until after the landlord gives notice of termination; or. In addition, 348 (S.B. (a) For purposes of this section, "dependent," "military service," and "servicemember" have the meanings assigned by 50 App. Sec. 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. 601 (H.B. 3101), Sec. 91.002 by Acts 1987, 70th Leg., ch. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING FAMILY VIOLENCE. September 1, 2011. RESIDENTIAL TENANT'S RIGHT OF REENTRY AFTER UNLAWFUL LOCKOUT. 917 (H.B. 92.263. 918, Sec. 91 (S.B. Sec. (d) A provision of a lease that purports to waive a right or exempt a party from a liability or duty under this section is void. 3, eff. TENANT'S DISABLING OF A SMOKE ALARM. Jan. 1, 1984. 92.016. (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. 257 (H.B. (m) This section does not affect the rights of a landlord or tenant in a forcible detainer or forcible entry and detainer action. 221 (H.B. (2) the tenant and the tenant's dependent move, wholly or partly, because of a significant financial loss of income caused by the tenant's military service. 92.062. The landlord shall keep accurate records of all security deposits. 126, Sec. Added by Acts 2005, 79th Leg., Ch. Sept. 1, 1999. 576, Sec. Jan. 1, 1984. 337 (H.B. (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. June 19, 2009. 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. (c) A landlord may require a tenant to pay in advance charges for which the tenant is liable under this subchapter if a written lease authorizes the landlord to require advance payment, and the landlord notifies the tenant within a reasonable time after the tenant's request that advance payment is required, and: (1) the tenant is more than 30 days delinquent in reimbursing the landlord for charges to which the landlord is entitled under Subsection (b); or. 200, Sec. (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. 92.109. Jan. 1, 1996. Paying out-of-pocket - Lease agreements often include penalties and fees for breaking a lease. LIABILITY OF LANDLORD. (2) exempt any party from a liability or a duty under this section. SUBCHAPTER B. Most leases in Texas are written for initial fixed terms, usually 12 months. 92.204. A landlord complies with the requirements of this subchapter relating to the provision of smoke alarms in the dwelling unit if the landlord: (1) has a fire detection device, as defined by Section 6002.002, Insurance Code, that includes a fire alarm device, as defined by Section 6002.002, Insurance Code, installed in a dwelling unit; or. 2, eff. (m) A landlord may not interrupt or cause the interruption of electric service under Subsection (h) to a tenant who receives energy assistance for a billing period during which the landlord receives a pledge, letter of intent, purchase order, or other notification that the energy assistance provider is forwarding sufficient payment to continue the electric service. 3, eff.
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