January 1, 2014. 1414), Sec. (o) A landlord may not interrupt or cause the interruption of electric service under Subsection (h) for any of the following reasons: (1) a delinquency in payment for electric service furnished to a previous tenant; (2) failure to pay non-electric bills, rent, or other fees; (3) failure to pay electric bills that are six or more months delinquent; or. Sec. (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. 357, Sec. Join thousands of people who receive monthly site updates. Amended as Sec. Sec. 92.158 and amended 2001, 77th Leg., ch. (2) in addition to other remedies available under law, recover from the landlord an amount equal to the sum of the tenant's actual damages, one month's rent plus $1,000, reasonable attorney's fees, and court costs, less any delinquent rents or other sums for which the tenant is liable to the landlord. 1112 (H.B. Sec. (h) A fee collected under this section is not a security deposit for purposes of this chapter if: (1) an agreement was signed under Subsection (c); and. 1, eff. (b) The landlord must post the phone number required by Subsection (a) prominently outside the management or superintendent's office. 2, eff. (q) The landlord may not evict a tenant for failure to pay an electric bill when the landlord has interrupted the tenant's electric service under Subsection (h) unless the tenant fails to pay for the electric service after the electric service has been interrupted for at least two days, not including weekends or state or federal holidays. 1, eff. 5, eff. The fee for single family rental properties is $43 annually. Amended as Sec. A lease termination charge is a fee that allows you to break your lease early without any loss or risk of paying the entirety of rent due for the lease term. Added by Acts 2013, 83rd Leg., R.S., Ch. (c) A keyed dead bolt or keyless dead bolt, as described by Section 92.151(6)(A), installed in a dwelling on or after September 1, 1993, must have a bolt with a throw of not less than one inch. 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. 1, eff. (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. 3101), Sec. Section 511. 3, eff. 576, Sec. SECURITY DEPOSIT. September 1, 2015. (f) 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. January 1, 2006. 10, eff. 7, 2021). (g) Except as provided by Subsection (h), a fee collected under this section is a security deposit for purposes of this chapter. LANDLORD AND TENANT CHAPTER 91. Amended by Acts 1995, 74th Leg., ch. So you may not have to pay much, if any additional rent, if you break your lease. (a) In a lawsuit by a tenant under either a written or oral lease for a dwelling or in a suit to enforce a legal obligation of the owner as landlord of the dwelling, the owner's agent for service of process is determined according to this section. 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. The fee for service of a writ of restoration of utility service is the same as that for service of a writ of possession. January 1, 2010. (3) the landlord has locally mailed not later than the fifth calendar day before the date on which the door locks are changed or hand-delivered to the tenant or posted on the inside of the main entry door of the tenant's dwelling not later than the third calendar day before the date on which the door locks are changed a written notice stating: (A) the earliest date that the landlord proposes to change the door locks; (B) the amount of rent the tenant must pay to prevent changing of the door locks; (C) the name and street address of the individual to whom, or the location of the on-site management office at which, the delinquent rent may be discussed or paid during the landlord's normal business hours; and. (d) For purposes of Subsection (b)(3) or (4), in determining whether a period of time is a reasonable time to repair or remedy a condition, there is a rebuttable presumption that seven days is a reasonable time. (g) A party may appeal from the court's judgment at the hearing on the sworn complaint for reentry in the same manner as a party may appeal a judgment in a forcible detainer suit. 650, Sec. My daughter left her off-campus housing in March due to "Shelter in place" and we've been paying rent fo. This clause allows tenants to terminate the lease early if they follow the early termination rules. Jan. 1, 1984. The landlord has a defense to liability under Section 92.164 if: (1) the tenant has not fully paid all rent then due from the tenant on the date the tenant gives a request under Section 92.157(c) or the notice required by Section 92.164; or. 689, Sec. Reletting a Rental Property A landlord relets a property by having a new tenant sign an entirely new lease. (5) "Premises" means a tenant's rental unit, any area or facility the lease authorizes the tenant to use, and the appurtenances, grounds, and facilities held out for the use of tenants generally. (c) Repairs and deductions under this section may be made as often as necessary so long as the total repairs and deductions in any one month do not exceed one month's rent or $500, whichever is greater. (a) If a security deposit was not required by a residential lease and the tenant is liable for damages and charges on surrender of the premises, the landlord shall notify the tenant in writing of the landlord's claim for damages and charges on or before the date the landlord reports the claim to a consumer reporting agency or third-party debt collector. 1276, Sec. 92.260. Sec. 225 (S.B. January 1, 2016. (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. REJECTION OF APPLICANT. (C) designed to prevent the door from being opened. (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. (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. 5, eff. A mutual agreement for tenant repair under Subsection (g) of Section 92.0561 is not a violation of Section 92.006. 92.259. Added by Acts 2005, 79th Leg., Ch. (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. 3, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 91.006), your landlord must make reasonable efforts to re-rent your unitno matter what your reason for leavingrather than charge you for the total remaining rent due under the lease. Acts 2011, 82nd Leg., R.S., Ch. Code Ann. To rebut that presumption, the date on which the landlord received the tenant's notice, the severity and nature of the condition, and the reasonable availability of materials and labor and of utilities from a utility company must be considered. The Texas Property Code, 92.101 - 92.109, protects the right of renters regarding their security deposit. 92.205. Acts 2015, 84th Leg., R.S., Ch. Most commonly, an early termination fee is two months' rent. (f) A landlord who intentionally prevents a tenant from entering the tenant's dwelling under Subsection (b)(3) must provide the tenant with a key to the changed lock on the dwelling without regard to whether the tenant pays the delinquent rent. 2404), Sec. Sec. 83), Sec. If the writ is disobeyed, the tenant or the tenant's attorney may file in the court in which the reentry 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. (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. 475 (S.B. TENANT'S JUDICIAL REMEDIES. Jan. 1, 1996. AGENTS FOR DELIVERY OF NOTICE. If another provision of this subchapter conflicts with this section, this section controls. (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) The landlord has expressly or impliedly agreed in the lease to furnish heating or cooling equipment; the equipment is producing inadequate heat or cooled air; and the landlord has been notified in writing by the appropriate local housing, building, or health official or other official having jurisdiction that the lack of heat or cooling materially affects the health or safety of an ordinary tenant. (a) If a landlord has installed a 1A10BC residential fire extinguisher as defined by the National Fire Protection Association or other non-rechargeable fire extinguisher in accordance with a local ordinance or other law, the landlord or the landlord's agent shall inspect the fire extinguisher: (1) at the beginning of a tenant's possession; and. Sec. (b) A late fee under this section may include an initial fee and a daily fee for each day any portion of the tenant's rent continues to remain unpaid, and the combined fees are considered a single late fee for purposes of this section. 92.1031. 6, eff. (b) At the time a landlord offers to a tenant the option of paying a fee in lieu of a security deposit, the landlord shall notify the tenant in writing: (1) that the tenant has the option to instead pay a security deposit; (2) that the tenant has the option to terminate the agreement to pay the fee in lieu of a security deposit at any time and stop paying the fee, and instead, to pay a security deposit in the amount that is otherwise offered to new tenants for substantially similar housing on the date the tenant chooses to pay the security deposit; and. CASH RENTAL PAYMENTS. 1112, Sec. 92.354. Jan. 1, 1996. Sec. 6, eff. (B) the National Weather Service issues a heat advisory for a county in which the premises is located or has issued such an advisory on one of the two preceding days. 92.017. (15) "Tenant turnover date" means the date a tenant moves into a dwelling under a lease after all previous occupants have moved out. NOTICE TO TENANT AT PRIMARY RESIDENCE. 92.169. 1072 (H.B. Sec. Jan. 1, 1996. Sec. (2) the tenant requested that the landlord repair, install, change, or rekey the same security device during the 30 days preceding the tenant's request, and the landlord complied with the request. LANDLORD'S DEFENSES RELATING TO COMPLIANCE WITH TENANT'S REQUEST. (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. Sec. 969 (H.B. CLOSING THE RENTAL PREMISES. TENANT'S FORWARDING ADDRESS. 576, Sec. The current agreement is ending on 1 June 2021, but the tenant has purchased a property and wants to vacate on 1 May 2021. (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. 917 (H.B. (a) Except as provided in Subsection (b), a landlord is presumed to have given notice of an applicant's acceptance or rejection if the notice is by: (1) telephone to the applicant, co-applicant, or a person living with the applicant or co-applicant on or before the required date; or. Acts 2005, 79th Leg., Ch. 92.011. (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. (g) 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. (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. 92.155. (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. (f) If the landlord fails to request a hearing on the tenant's sworn complaint for restoration of utility service before the eighth day after the date of service of the writ of restoration of utility service on the landlord under Subsection (d), a judgment for court costs may be rendered against the landlord. Redesignated from Property Code Sec. HARASSMENT. 1, 3, eff. 92.107. (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. (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. 1, eff. 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. NOTICE FOR DWELLING LOCATED IN FLOODPLAIN. A management company, managing agent, or on-site manager may reimburse itself for the costs from the owner's funds in its possession or control. 1, eff. 576, Sec. A reasonable time for purposes of this subsection is presumed to be not later than the seventh day after the date the request is received by the landlord. (b) Unless the condition was caused by normal wear and tear, the landlord does not have a duty during the lease term or a renewal or extension to repair or remedy a condition caused by: (2) a lawful occupant in the tenant's dwelling; (3) a member of the tenant's family; or. (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. (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. Reletting Expenses means such reasonable and necessary costs and expenses incurred by Landlord, incurred to relet the Premises, including without limitation, (1) repairs, alterations and additions in or to the Premises and preparing the Premises for new tenants, (2) altering locks and security devices to the Premises, (3) redecoration, remodeling 4, eff. 1, eff. 651 (H.B. Sept. 1, 1997. 3, eff. Renumbered from Sec. Sec. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING TENANT'S DEATH. If neither box is checked, you should assume the dwelling is in a 100-year floodplain. LIABILITY OF LANDLORD. Texas Property Code ("TPC") Title 11, includes numerous provisions governing the formation, management, powers, . 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. 576, Sec. Sec. (b) If a tenant files or prosecutes a suit under this subchapter in bad faith, the landlord may recover possession of the dwelling unit and may recover from the tenant a civil penalty of one month's rent plus $500, court costs, and reasonable attorney's fees. Check your specific lease agreement or renewal for your amount. 576, Sec. LANDLORD AFFIDAVIT FOR DELAY. Prop. (c) The acknowledgment required by Subsection (b) must include a statement substantively equivalent to the following: "Signing this acknowledgment indicates that you have had the opportunity to review the landlord's tenant selection criteria. 31.01(71), eff. NOTICE OF UTILITY DISCONNECTION OF NONSUBMETERED MASTER METERED MULTIFAMILY PROPERTY TO MUNICIPALITIES, OWNERS, AND TENANTS. Sec. 92.057(d) and amended by Acts 1995, 74th Leg., ch. 918, Sec. (b) The new owner shall deliver to the tenant a signed statement acknowledging that the new owner has acquired the property and is responsible for the tenant's security deposit and specifying the exact dollar amount of the deposit. 630), Sec. Amended by Acts 1985, 69th Leg., ch. 744, Sec. 4, eff. 1, eff. 5, eff. Landlords who violate these rules could end up owing the tenant $100, three times the amount of the late fee that was wrongfully collected, and the tenant's attorneys' fees. 92.110. (f) A tenant's guest or invitee who suffers damage because of a landlord's failure to install, inspect, or repair a smoke alarm as required by this subchapter may recover a judgment against the landlord for the damage. 650, Sec. 92.004. Amended by Acts 1995, 74th Leg., ch. 650, Sec. 5, eff. 16, eff. 650, Sec. REPAIR OR CLOSING OF LEASEHOLD. Added by Acts 1995, 74th Leg., ch. The Texas Legislature amended Section 207.003 and set a maximum fee that may [] Amended by Acts 1989, 71st Leg., ch. Sept. 1, 1989. (f) If the landlord fails to request a hearing on the tenant's sworn complaint for reentry before the eighth day after the date of service of the writ of reentry on the landlord under Subsection (d), a judgment for court costs may be rendered against the landlord. 2, eff. 576, Sec. 92.203. Sept. 1, 1993. Acts 2009, 81st Leg., R.S., Ch. 2, eff. Amended by Acts 1987, 70th Leg., ch. (3) "Exterior door" means a door providing access from a dwelling interior to the exterior. (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. A reconnection fee may not be applied unless agreed to by the tenant in a written lease that states the exact dollar amount of the reconnection fee. Amended by Acts 1995, 74th Leg., ch. (a) 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: (1) notice and other communications required or permitted by this subchapter; (2) notice and other communications from a governmental body relating to a violation of health, sanitation, safety, or nuisance laws on the landlord's property where the dwelling is located, including notices of: (D) reimbursement of costs incurred by the governmental body in curing the violation; (b) If the landlord's name and business street address in this state have not been furnished in writing to the tenant or government official or employee, the person who collects the rent from a tenant is the landlord's authorized agent for purposes of Subsection (a). 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. Sec. 576, Sec. The tenant must also state orally under oath to the justice the facts of the alleged unlawful lockout. LANDLORD'S DUTY TO PROVIDE COPY OF LEASE. 165, Sec. This chapter applies only to the relationship between landlords and tenants of residential rental property. 4, eff. 744, Sec. LANDLORD'S DUTY TO REPAIR OR REMEDY. AGENT FOR DELIVERY OF NOTICE. 357, Sec. A reletting rental arrangement is a fresh contractual relationship between the community and the person renting out your former apartment, completely separate from the rental agreement you signed.
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