SECURITY DEVICES REQUESTED BY TENANT. BURDEN OF PROOF. Acts 2007, 80th Leg., R.S., Ch. bosch b22ct80sns01 ice maker not working; texas property code reletting fee. 92.008. 17.001(a), eff. 92.105. 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. 1, eff. (h) If a landlord violates this section, the tenant may: (2) recover from the landlord a civil penalty of one month's rent plus $1,000, actual damages, court costs, and reasonable attorney's fees in an action to recover property damages, actual expenses, or civil penalties, less any delinquent rent or other sums for which the tenant is liable to the landlord. Jan. 1, 1996. Your written termination notice must include payment of the reletting fee listed in paragraph 28 of your lease agreement. The written notice must include the customer's contact information and the tenant's remedies under Section 92.301. (C) refund the tenant's security deposit, less lawful deductions, to the person designated under Subdivision (1). 1, eff. 5.202 Texas Property Code - PROP 5.202. 1, eff. 18 (S.B. 869, Sec. There is no limit on the amount of the reletting fee, but if it is not reasonable it might be . Prop. (2) may not be effective before the 14th day after the date notice of the change is delivered to the tenant, unless the change is the result of a construction or utility emergency. 92.008(b) to (f) and amended by Acts 1995, 74th Leg., ch. Jan. 1, 1984. 0. (2) documentation of the stalking from a provider of services described by Subsection (c)(1), (2), or (3) and: (A) a law enforcement incident report or, if a law enforcement incident report is unavailable, another record maintained in the ordinary course of business by a law enforcement agency; and. Except as provided by Section 92.164(a)(1) or 92.165(1) regarding the remedy of repair-and-deduct, a tenant may not remove, change, rekey, replace, or alter a security device or have it removed, changed, rekeyed, replaced, or altered without permission of the landlord. LEASE WITHOUT SECURITY DEPOSIT; REQUIRED NOTICE. (3) of the charges for each option described by Subdivision (1) or (2). Acts 1983, 68th Leg., p. 3631, ch. (3) that the guarantor is liable under a renewal of the lease only if the renewal: (A) involves the same parties as the original lease; and. 324 (S.B. 917 (H.B. 1186), Sec. Acts 2015, 84th Leg., R.S., Ch. 92.332 by Acts 1997, 75th Leg., ch. 1, eff. or TAR (Texas Association of Realtors) form, then it comports with property code law and means what it says. Sec. Sept. 1, 2001. (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. Jan. 1, 1984. texas property code reletting fee texas property code reletting fee 92.059 and amended by Acts 1995, 74th Leg., ch. Rent delinquency is not a defense for a violation of Section 92.204. Sept. 1, 1997. (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. 3) You must continue paying rent each month on the first, until a replacement tenant is found and starts paying rent for you. Sec. 7, eff. Aug. 28, 1995; Acts 1995, 74th Leg., ch. 92.255. Added by Acts 2013, 83rd Leg., R.S., Ch. 918, Sec. The tenant must also state orally under oath to the justice the facts of the alleged unlawful lockout. (3) if the dwelling unit has multiple levels, at least one smoke alarm must be located on each level. 48, Sec. (d-1) The notice in Subsection (d)(2) must be in a separate document furnished to the tenant after the landlord has discovered that the tenant has disconnected or damaged the smoke alarm or removed a battery from it. The landlord has the burden of proving that the tenant received a copy of the rule or policy change. Aug. 31, 1987. Sec. 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. (c) The landlord has the burden of pleading and proving, by clear and convincing evidence, that the landlord gave the tenant the required notice of the illegality and the penalties and that the tenant's violation was done in bad faith. Jan. 1, 1996; Acts 1995, 74th Leg., ch. 576, Sec. Acts 1983, 68th Leg., p. 3631, ch. The fee for service of a show cause order is the same as that for service of a civil citation. (2) United States mail, addressed to the applicant and postmarked on or before the required date. 92.002. 48, Sec. EXEMPTIONS. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 917 (H.B. 882), Sec. (b-1) The person who no longer owns an interest in the rental premises is liable for a security deposit received while the person was the owner until the new owner has received the deposit or has assumed the liability for the deposit, unless otherwise specified by the parties in a written contract. NOTICE OF ELIGIBILITY REQUIREMENTS. 1198 (S.B. 92.005. 92.053. 3, eff. Sept. 1, 1989. (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. 5, eff. Sept. 1, 1993. (d) A landlord authorized by this subchapter to charge a tenant for repairing, installing, changing, or rekeying a security device under this subchapter may not require the tenant to pay more than the total cost charged by a third-party contractor for material, labor, taxes, and extra keys. 2.63, eff. Renumbered from Sec. Acts 2007, 80th Leg., R.S., Ch. (a) If a condition results from an insured casualty loss, such as fire, smoke, hail, explosion, or a similar cause, the period for repair does not begin until the landlord receives the insurance proceeds. 2, eff. (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. harp funeral notices merthyr tydfil best owb holster for s&w governor texas property code reletting fee. 92.302. 687, Sec. A fee may not be applied to a deferred payment plan entered into under this section. a new child or a job transfer) that requires you to find new housing. Sec. Jan. 1, 1984. Renumbered from Property Code Sec. If your tenant leaves early and you have found a new tenant, the previous tenant is not obliged to pay for the remainder of the rent. (6) unilateral termination of the lease without a court proceeding if the landlord violates Section 92.259(a)(2). (C) designed to prevent the door from being opened. (3) Any one of the following events has occurred: (A) The landlord has failed to remedy the backup or overflow of raw sewage inside the tenant's dwelling or the flooding from broken pipes or natural drainage inside the dwelling. (a) In this section: (1) "100-year floodplain" means any area of land designated as a flood hazard area with a one percent or greater chance of flooding each year by the Federal Emergency Management Agency under the National Flood Insurance Act of 1968 (42 U.S.C. 92.331 by Acts 1997, 75th Leg., ch. September 1, 2011. 1, eff. 92.013. (b) A tenant may terminate the tenant's rights and obligations under a lease and may vacate the dwelling and avoid liability for future rent and any other sums due under the lease for terminating the lease and vacating the dwelling before the end of the lease term if the tenant complies with Subsection (c). Sec. VENUE. Acts 2019, 86th Leg., R.S., Ch. Sec. The reletting . (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. (i) the date the electric service has been interrupted; (ii) a location where the tenant may go during the landlord's normal business hours to make arrangements to pay the bill to reestablish interrupted electric service; (iii) the amount that must be paid to reestablish electric service; (iv) a statement providing that when the tenant makes a payment to reestablish electric service, a landlord may not apply that payment to rent or other amounts owed under the lease; (vi) a description of the tenant's rights under Subsection (j) to avoid interruption of electric service if the interruption will cause a person residing in the tenant's dwelling to become seriously ill or more seriously ill. (i) Unless a dangerous condition exists or the tenant requests disconnection, a landlord may not interrupt or cause the interruption of electric service under Subsection (h) on a day: (1) on which the landlord or a representative of the landlord is not available to collect electric bill payments and reestablish electric service; (2) that immediately precedes a day described by Subdivision (1); or, (A) the previous day's highest temperature did not exceed 32 degrees Fahrenheit and the temperature is predicted to remain at or below that level for the next 24 hours according to the nearest National Weather Service reports; or. The hearing shall be held not earlier than the first day and not later than the seventh day after the date the landlord requests a hearing. LATE PAYMENT OF RENT; FEES. 91 (S.B. Sept. 1, 1997. 576, Sec. 4, eff. Jan. 1, 1996. 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) (c) If the tenant has complied with Subsection (b) and if the justice reasonably believes an unlawful utility disconnection has likely occurred, the justice may issue, ex parte, a writ of restoration of utility service that entitles the tenant to immediate and temporary restoration of the disconnected utility service, pending a final hearing on the tenant's sworn complaint. Jan. 1, 1984. 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. 1, eff. 4, eff. (c-1) If the tenant is a victim or a parent or guardian of a victim of stalking under Section 42.072, 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 a protective order issued under Subchapter A or B, Chapter 7B, Code of Criminal Procedure, except for a temporary ex parte order; or. 917 (H.B. 1, eff. 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. CONDITIONS FOR RETENTION OF SECURITY DEPOSIT OR RENT PREPAYMENT. Texas Homes Realty & Management_ 633 E. Fernhurst Dr., Suite 701, Katy, TX 77450 (281) 646-9929 Office (281) 667-3247 Fax www.texashomesrealty.com (b) If the tenant or the tenant's invited guest removes, misuses, damages, or otherwise disables a fire extinguisher: (1) the landlord is not required to repair or replace the fire extinguisher at the landlord's expense; and. September 1, 2021. LANDLORD 'S FAILURE TO CORRECT INFORMATION. (a) Except as provided by Section 92.107, the landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises. 576, Sec. Sec. Jan. 1, 1984. Aug. 26, 1985. January 1, 2016. (15) "Tenant turnover date" means the date a tenant moves into a dwelling under a lease after all previous occupants have moved out. 1293), Sec. LANDLORD LIABILITY AND TENANT REMEDIES; NOTICE AND TIME FOR REPAIR. Sec. (2) "Door viewer" means a permanently installed device in an exterior door that allows a person inside the dwelling to view a person outside the door. 1198 (S.B. 4, eff. Amended as 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. 92.111. 1, eff. (i) A landlord may not charge a tenant for normal wear and tear of a dwelling. LANDLORD'S DEFENSES RELATING TO COMPLIANCE WITH TENANT'S REQUEST. 3, eff. (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. 1, eff. 92.301. A tenant who in bad faith violates this section is liable to the landlord for an amount equal to three times the rent wrongfully withheld and the landlord's reasonable attorney's fees in a suit to recover the rent. (3) a delay was caused by circumstances beyond the landlord's control, including the illness or death of the landlord or a member of the landlord's immediate family. (2) "Dwelling unit" means a home, mobile home, duplex unit, apartment unit, condominium unit, or any dwelling unit in a multiunit residential structure. During the lease term and any renewal period, a landlord shall repair or replace a security device on request or notification by the tenant that the security device is inoperable or in need of repair or replacement. Amended by Acts 1985, 69th Leg., ch. 744, Sec. (l) If an insurer compensates a landlord for a tenant's damages or unpaid rent under a valid claim: (1) the landlord may not seek or collect reimbursement from the tenant of the amounts that the insurer paid to the landlord; (2) the insurer that has paid a landlord after receipt of a claim filed by a landlord, if allowed by a subrogation clause in the insurance described by Subsection (e) and before the first anniversary of the termination of the tenant's occupancy, may seek reimbursement from the tenant of only the amounts paid to the landlord; 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. 475, Sec. 3167), Sec. For purposes of this subsection, there shall be a rebuttable presumption that the landlord acted without knowledge of the violation. 189 (S.B. 92.168. 576, Sec. INSPECTION OF RESIDENTIAL FIRE EXTINGUISHER. Renumbered from Sec. (4) a judgment against the tenant for reasonable attorney's fees. WAIVER. 1, eff. 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. (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. (a) A landlord is liable according to this subchapter if: (1) the landlord did not install a smoke alarm at the time of initial occupancy by the tenant as required by this subchapter or a municipal ordinance permitted by this subchapter; or. Sec. (e) A correction to the information may be made by any of the methods authorized for providing the information. Added by Acts 2013, 83rd Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. 221 (H.B. 399), Sec. 18, eff. 1198 (S.B. 1186), 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. Added by Acts 2011, 82nd Leg., R.S., Ch. Sec. 1. (3) "Smoke alarm" means a device designed to detect and to alert occupants of a dwelling unit to the visible and invisible products of combustion by means of an audible alarm. Jan. 1, 1984. 1168), Sec. (3) the amount of rent and other charges for which the tenant is delinquent. 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. This is referred to as the landlord's duty to "mitigate damages". (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. (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. (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. 3651, ch. 92.251. (5) court costs and attorney's fees, excluding any attorney's fees for a cause of action for damages relating to a personal injury. 1, eff. Jan. 1, 1984. Sec. 629 (S.B. (h) If a writ of possession is issued, it supersedes a writ of restoration of utility service. (As a point of reference, the Texas Apartment Association's standard lease sets reletting fees at 85% of a month's rent. Jan. 1, 1984. 1420, Sec. (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. (a) The landlord is not liable for retaliation under this subchapter if the landlord proves that the action was not made for purposes of retaliation, nor is the landlord liable, unless the action violates a prior court order under Section 92.0563, for: (1) increasing rent under an escalation clause in a written lease for utilities, taxes, or insurance; or. 357, Sec. 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. (3) the representative signs an inventory of the removed property, if required by the landlord or the landlord's agent. 3101), Sec. Section 4001 et seq.). (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. 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. 942, Sec. 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. Texas law governing commercial leases is found in Title 8, Chapter 93 of the Texas Property Code. 1439, Sec. Texas Rules on Cash Rental Payments 1051 (H.B. Acts 2015, 84th Leg., R.S., Ch. 357, Sec. Acts 1983, 68th Leg., p. 3637, ch. 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. Sec. Jan. 1, 1984. January 1, 2008. 92.166. 1, eff. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING FAMILY VIOLENCE. 21.001(97), eff. 10, eff. Sec. September 1, 2011. (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. The reletting fee is typically 150% of one month's rent. (i) The tenant shall not have authority to contract for labor or materials in excess of what the tenant may deduct under this section. (4) a smoke alarm powered by alternating current was required by lawful city ordinance at the time of initial construction of the unit. RETALIATION BY LANDLORD. (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. Amended by Acts 1995, 74th Leg., ch. (b) A landlord's rejection of one co-applicant shall be deemed as a rejection of all co-applicants. (7) "Landlord" means a dwelling owner, lessor, sublessor, management company, or managing agent, including an on-site manager. 1, eff. June 17, 2005, except Subsec. Sept. 1, 1995. 1367), Sec. HARASSMENT. 3, eff. 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. 6, eff. Sec. The justice may defer payment of the tenant's filing fees and service costs for the sworn complaint for reentry and writ of reentry. This chapter applies only to the relationship between landlords and tenants of residential rental property. Acts 2011, 82nd Leg., R.S., Ch. (B) a doorknob lock that contains a bolt with at least a one-inch throw. Acts 1983, 68th Leg., p. 3641, ch. 1, eff. (4) a living unit in an apartment, condominium, cooperative, or townhome project. (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. (4) obtain judicial remedies according to Section 92.0563. 1, eff. You are obligated to pay whatever the move out notice indicates, which you signed and, apparently, agreed to, for each and every month until the apartment is rented to a new tenant or until the date your lease expires, whichever comes first. (f) Affidavits for delay by a landlord under this section must be submitted in good faith. (c) After receipt of the notice provided under Subsection (a), the landlord shall provide a copy of the written lease agreement to the person who provided the notice on written request of that person. Renumbered from Property Code Sec. (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. January 1, 2008. (f) An appeal of a judgment of a justice court under this section takes precedence in county court and may be held at any time after the eighth day after the date the transcript is filed in the county court. Understanding the Law (f) For the purposes of this section, an owner or property manager may disclose either an actual name or names or an assumed name if an assumed name certificate has been recorded with the county clerk. (k) A landlord may not change the locks on the door of a tenant's dwelling under Subsection (b)(3): (1) when the tenant or any other legal occupant is in the dwelling; or. Amended by Acts 1995, 74th Leg., ch. * Quality assurance program Family owned and operated Realistic estimates 100% satisfaction guaranteed (2) The tenant's right to repair and deduct for conditions involving sewage backup or overflow, flooding inside the dwelling, or a cutoff of potable water under Subsection (e) of Section 92.0561 shall not be affected, and the tenant shall have no duty to give additional notice to the new landlord. (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.