302), Sec. 918, Sec. January 1, 2016. (5) the landlord may discard the property removed by the landlord from the tenant's leased premises if: (A) the landlord has mailed a written request by certified mail, return receipt requested, to the person designated under Subsection (a) or (b), requesting that the property be removed; (B) the person failed to remove the property by the 30th day after the postmark date of the notice; and. 576, Sec. 357, Sec. 92.103. RESIDENTIAL TENANT'S RIGHT OF RESTORATION AFTER UNLAWFUL UTILITY DISCONNECTION. (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. WHEN TENANT'S REQUEST OR NOTICE MUST BE IN WRITING. The tenant must also state orally under oath to the justice the facts of the alleged unlawful utility disconnection. Breaking a lease early [Texas] : r/renting - reddit Acts 1983, 68th Leg., p. 3630, ch. If you move out before your lease is up, your landlord may subtract a reletting fee from your security deposit. Security Deposit Refund Texas Renters Rights Law Sec. (j) A landlord may not submit a claim for damages or unpaid rent to an insurer for insurance described by Subsection (e) unless the landlord notifies the tenant of the damages or unpaid rent indebtedness not later than the 30th day after the date the tenant surrendered possession of the dwelling. 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. 1, eff. All Reasons for Breaking a Lease in Texas (Without Penalty) 92.208. Sec. 1, eff. LANDLORD AND TENANT CHAPTER 91. (b) If after a casualty loss the rental premises are as a practical matter totally unusable for residential purposes and if the casualty loss is not caused by the negligence or fault of the tenant, a member of the tenant's family, or a guest or invitee of the tenant, either the landlord or the tenant may terminate the lease by giving written notice to the other any time before repairs are completed. 1 While there is no specific Texas law governing how much these fees can be, excessive fees unrelated to actual early termination expenses may be struck down by a court. A landlord is presumed to have refunded a security deposit or made an accounting of security deposit deductions if, on or before the date required under this subchapter, the refund or accounting is placed in the United States mail and postmarked on or before the required date. Sec. PROCEDURES FOR NOTICE OR REFUND. When secured to the screw hooks, the bar or tube must prevent the door from being opened unless the bar or tube is removed by a person who is on the interior side of the door. It also means a "dwelling" as defined by Section 92.001. Jan. 1, 1996. (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. Added by Acts 2005, 79th Leg., Ch. 869, Sec. 91.002 and amended by Acts 1989, 71st Leg., ch. (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. (B) if the report or record described by Paragraph (A) identifies the victim by means of a pseudonym, as defined by Article 58.001, Code of Criminal Procedure, a copy of a pseudonym form completed and returned under Article 58.152(a) of that code. 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. INSTALLATION AND LOCATION. The fee for service of a writ of restoration of utility service is the same as that for service of a writ of possession. A landlord is not exempt as provided by this subsection if the landlord knows or has reason to know that the requirements of this subsection are not fulfilled. Section 4001 et seq.). 869, Sec. 576, Sec. Amended by Acts 1993, 73rd Leg., ch. June 17, 2005, except Subsec. (a) Except as otherwise provided by Subsection (e), a security device operated by a key, card, or combination shall be rekeyed by the landlord at the landlord's expense not later than the seventh day after each tenant turnover date. 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. (e) This section does not apply if notice is actually hand delivered to and received by a person occupying the leased premises. TERM OF PARKING PERMIT. (3) included in an attachment to the lease agreement that is signed by the tenant, but only if the attachment is expressly referred to in the lease agreement. 744, Sec. 744, Sec. 629 (S.B. (4) a judgment against the landlord for court costs and attorney's fees. (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 landlord's duty or a tenant's remedy concerning security deposits, security devices, the landlord's disclosure of ownership and management, or utility cutoffs, as provided by Subchapter C, D, E, or G, respectively, may not be waived. Subletting vs. Reletting - What's the difference? - Swamp Rentals 31.01(71), eff. Acts 2007, 80th Leg., R.S., Ch. 1, eff. 1186), Sec. AGENT FOR DELIVERY OF NOTICE. If the insurance company has already paid the landlord for the invalidated claim, the landlord shall return the payment. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 1, eff. (2) the fee is used to purchase insurance coverage for damages and unpaid rent for which the tenant is legally liable under the lease or as a result of breaching the lease. The term does not include a kitchen, dining room, bathroom, living room, utility room, or closet or storage area of a dwelling. Texas Landlord-Tenant Laws Resource Guide - Rentec Direct Blog 92.1041. (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. (4) establishes, attempts to establish, or participates in a tenant organization. 1198 (S.B. The customer must provide the notice by mail to the tenant's or owner's preferred mailing address or hand deliver the notice to the tenant or owner. 2404), Sec. Sec. 1, eff. Amended by Acts 1989, 71st Leg., ch. Through social 7, eff. 1420, Sec. (e) The landlord is entitled to a hearing on the tenant's sworn complaint for restoration of utility service. September 1, 2021. 28.01, eff. 3, eff. 16, eff. Sec. (2) United States mail, addressed to the applicant and postmarked on or before the required date. The governing body of the municipality may provide additional notice to the property's tenants and owners after receipt of the service disconnection notice under this subsection. 1, eff. (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. Jan. 1, 1996. Sec. 92.333. 92.163. Sec. Added by Acts 1995, 74th Leg., ch. Added by Acts 1995, 74th Leg., ch. 92.009. Guides: Landlord/Tenant Law: Security Deposits - Texas The tenant will have to give proper written notice and pay a fee. (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. (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. 576, Sec. 918, Sec. 918, Sec. (b) A person may specify in writing in an original lease that the person will guarantee a renewal of the lease only if the original lease states: (1) the last date, as specified by the guarantor, on which the renewal of the lease will renew the obligation of the guarantor; (2) that the guarantor is liable under a renewal of the lease that occurs on or before that date; and. 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. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. (j) A landlord may not interrupt or cause the interruption of electric service under Subsection (h) of a tenant who, before the interruption date specified in the notice required by Subsection (h)(3), has: (1) established that the interruption will cause a person residing in the tenant's dwelling to become seriously ill or more seriously ill by having a physician, nurse, nurse practitioner, or other similar licensed health care practitioner attending to the person who is or may become ill provide a written statement to the landlord or a representative of the landlord stating that the person will become seriously ill or more seriously ill if the electric service is interrupted; and. . 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. LEASE TERM AFTER NATURAL DISASTER. 8, eff. 9, eff. 512 (H.B. 1, eff. 1186), Sec. (4) "French doors" means a set of two exterior doors in which each door is hinged and abuts the other door when closed. Sec. Guides: Landlord/Tenant Law: Ending the Lease - Texas NOTICE FOR TERMINATING CERTAIN TENANCIES. (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 'S DEFENSE. (b) A tenant may, without request from the landlord, provide the landlord with the information in Subsection (a). Jan. 1, 1984. 588 (S.B. January 1, 2008. Sec. 869, Sec. 2, eff. 4, eff. (c) If the tenant has complied with Subsection (b) and if the justice reasonably believes an unlawful lockout has likely occurred, the justice may issue, ex parte, a writ of reentry that entitles the tenant to immediate and temporary possession of the premises, pending a final hearing on the tenant's sworn complaint for reentry. 92.020. What Happens with Early Termination of the Texas Lease? 6, eff. Amended by Acts 1989, 71st Leg., ch. 8 , 2022. This subchapter applies to a lease executed, entered into, renewed, or extended on or after September 1, 1979. 1198 (S.B. (g) A tenant who terminates a lease under Subsection (b) is released from all liability for any delinquent, unpaid rent owed to the landlord by the tenant on the effective date of the lease termination if the lease does not contain language substantially equivalent to the following: "Tenants may have special statutory rights to terminate the lease early in certain situations involving certain sexual offenses or stalking.". (4) "Deposited" means deposited in an account of the landlord or the landlord's agent in a bank or other financial institution. 869, Sec. (2) the landlord may not allow reoccupancy or reconnection of utilities by separate meter within six months after the date the tenant moves out. Jan. 1, 1984. LANDLORD'S DEFENSES RELATING TO COMPLIANCE WITH TENANT'S REQUEST. (k) The fee for filing a sworn complaint for restoration of utility service is the same as that for filing a civil action in justice court. What Is A Reasonable Reletting Fee In Texas? - Mastery Wiki PROPERTY CODE CHAPTER 92. RESIDENTIAL TENANCIES - Texas (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. (l) This section does not affect the ability of a landlord to pursue other available remedies, including the remedies provided by Chapter 24. Sec. (a) A keyed dead bolt or a keyless bolting device required by this subchapter must be installed at a height: (1) not lower than 36 inches from the floor; and, (A) 54 inches from the floor, if installed before September 1, 1993; or. 9, eff. 969 (H.B. (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. This is also known as assignment of the lease to a new party. TENANT'S FORWARDING ADDRESS. 5, eff. (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. 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. Sept. 1, 2001. A sheriff or constable may use reasonable force in executing a writ of reentry under this section. (15) "Tenant turnover date" means the date a tenant moves into a dwelling under a lease after all previous occupants have moved out. Jan. 1, 1984. (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. Jan. 1, 1984. A security deposit is any advance of money, other than a rental application deposit or an advance payment of rent, that is intended primarily to secure performance under a lease of a dwelling that has been entered into by a landlord and a tenant. (2) payable at the time each rent payment is due during the lease. Under Texas law, a landlord has an obligation to mitigate damages. It's also a good option if you don't want to take responsibility for the new tenant and any damage they might cause to the apartment. 200, Sec. 3, eff. Subchapter E - Texas Property Code Subchapter E. Disclosure of Ownership and Management Sec. 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. Total fees vary depending on the situation, and most lease contracts have clauses designed to clarify such details. Aug. 28, 1995. 1399), Sec. Acts 1983, 68th Leg., p. 3651, ch. Rules for Early Termination of a Texas Lease | Pocketsense 3101), Sec. (B) arises from the landlord's failure to provide and maintain in good operating condition a device to supply hot water of a minimum temperature of 120 degrees Fahrenheit. 5, eff. 1, eff. 3) You must continue paying rent each month on the first, until a replacement tenant is found and starts paying rent for you. What is a Reletting charge in Texas? - Recipes FAQs Sec. (6) No provision of this section shall affect any right of a foreclosing superior lienholder to terminate, according to law, any interest in the premises held by the holders of subordinate liens, encumbrances, leases, or other interests and shall not affect any right of the tenant to terminate the lease according to law. Acts 1983, 68th Leg., p. 3633, ch. LANDLORD'S DEFENSE. (4) documentation of a protective order issued under Subchapter A, Chapter 7B, Code of Criminal Procedure, except for a temporary ex parte order. 1, eff. Sec. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. SECURITY DEPOSIT. Renumbered from Property Code Sec. (3) if the dwelling unit has multiple levels, at least one smoke alarm must be located on each level. (3) not later than the third day after the date of receipt of the tenant's request, provided the tenant with a written notice: (A) stating that the management company or managing agent has taken the actions in Subdivisions (1) and (2); (B) stating that the owner has not provided or will not provide the necessary funds; and. 8, eff. LIABILITY OF TENANT FOR GOVERNMENTAL FINES. 17.01(44), eff. 576, Sec. 1168), Sec. 869, Sec. 92.251. LANDLORD LIABILITY TO TENANT FOR UTILITY CUTOFF. PDF Security Deposits - Texas Law Help Sept. 1, 1997. June 20, 2003. (i) For purposes of Subsections (c) and (c-1), a tenant who is a parent or guardian of a victim described by those subsections must reside with the victim to exercise the rights established by this section. 1, eff. 13, eff. Section 511. September 1, 2011. The Texas Legislature amended Section 207.003 and set a maximum fee that may [] 1112 (H.B. In addition to court costs and reasonable attorney's fees, a tenant who prevails under this subsection may recover from the landlord the greater of one month's rent or $500 for each violation of this section. 9, eff. 200, Sec. 1, eff. 576, Sec. (a) A tenant is liable according to this subchapter if the tenant removes a battery from a smoke alarm without immediately replacing it with a working battery or knowingly disconnects or intentionally damages a smoke alarm, causing it to malfunction. 576, Sec. For purposes of this subsection, a pay stub or other statement of earnings issued by the tenant's employer is sufficient verification. (6) "Required date" means the required date for any acceptance of the applicant under Section 92.352. 576, Sec. Sec. (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. (g) A landlord is liable for any damage to a tenant's vehicle resulting from the negligence of a towing service that contracts with the landlord or the landlord's agent to remove vehicles that are parked in violation of the landlord's rules and policies if the towing company that caused the damage does not carry insurance that covers the damage. 1, eff. Jan. 1, 1984. (c) This section does not create a cause of action or expand an existing cause of action. 794, Sec. (e) The notices required by Subsections (b) and (d) must be included in a separate written document given to the tenant at or before execution of the lease. 12, eff. 1, eff. 1, eff. TX Leasing Laws | How to Break a Lease in Texas and What Happens January 1, 2008. (b) The landlord shall determine that the smoke alarm is in good working order at the beginning of the tenant's possession by testing the smoke alarm with smoke, by operating the testing button on the smoke alarm, or by following other recommended test procedures of the manufacturer for the particular model. (c) This section does not apply to or affect a local ordinance governing a landlord's obligation to provide a 24-hour emergency contact number to a tenant that is adopted before January 1, 2008, if the ordinance conforms with or is amended to conform with this section. Amended by Acts 1995, 74th Leg., ch. Amended by Acts 1995, 74th Leg., ch. 2, eff. Acts 1983, 68th Leg., p. 3640, ch. Acts 1983, 68th Leg., p. 3653, ch. (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. (6) unilateral termination of the lease without a court proceeding if the landlord violates Section 92.259(a)(2). 92.001. The tenant has the burden of proving that the misuse or damage was caused by another party. Acts 2019, 86th Leg., R.S., Ch. 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. Sec. (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. Added by Acts 2015, 84th Leg., R.S., Ch. Texas law governing commercial leases is found in Title 8, Chapter 93 of the Texas Property Code. Rent delinquency is not a defense for a violation of Section 92.204. PERSONAL PROPERTY AND SECURITY DEPOSIT OF DECEASED TENANT. (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. Sept. 1, 1995. Acts 1983, 68th Leg., p. 3635, ch. Acts 1983, 68th Leg., p. 3653, ch. (a) Upon written request of a landlord, the landlord's tenant shall: (1) provide the landlord with the name, address, and telephone number of a person to contact in the event of the tenant's death; and. (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. If the tenant's rent payment to the landlord is subsidized in whole or in part by a governmental entity, the civil penalty granted under this section shall reflect the fair market rent of the dwelling plus $500. (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. (3) not entitled to the other repair and deduct remedies under Section 92.0561 or the judicial remedies under Subdivisions (1) and (2) of Subsection (a) of Section 92.0563. 2.28, eff. (d) A landlord may not continue to prosecute and a court shall abate an action to enforce the lease, other than an action for nonpayment of rent, only until the landlord provides to a tenant a complete copy of the lease if the tenant submits to the court evidence in a plea in abatement or otherwise that the landlord failed to comply with Subsection (a) or (b). (d) In a written lease or other agreement, a landlord and a tenant may agree to a procedure different than the procedure in this section for removing, storing, or disposing of property in the leased premises of a deceased tenant. (a) A landlord may not require a tenant to pay for repair or replacement of a security device due to normal wear and tear. 593 (S.B. Amended by Acts 1989, 71st Leg., ch. A landlord's failure to respond does not affect the tenant's liability for any late fee owed to the landlord. Your Trusted Central Texas Movers | Austin Van & Storage Jan. 1, 1984. (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. 92.335. 31.01(71), eff. (a) A landlord shall disclose to a tenant, or to any government official or employee acting in an official capacity, according to this subchapter: (1) the name and either a street or post office box address of the holder of record title, according to the deed records in the county clerk's office, of the dwelling rented by the tenant or inquired about by the government official or employee acting in an official capacity; and. (c) Subsection (a) does not apply to a real estate mortgage lienholder who acquires title by foreclosure. 1715), Sec. Payment of the fee, charge, or other sum of money by a tenant does not waive the right or remedies provided by this section. However, the tenant's remedies under this section shall cease if: (1) the landlord provides the tenant with written evidence from the utility that all delinquent sums due the utility have been paid in full; and. 1, eff. (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. (2) the person against whom the action is filed knew or should have known of the conviction or adjudication. 16, 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. (e) A landlord or landlord's agent who lawfully permits a person described by Subsection (a) to enter or facilitates the person's entry into the leased premises under this section is not liable for an act or omission that arises in connection with permitting or facilitating the entry. (e) Repealed by Acts 2009, 81st Leg., R.S., Ch. 92.331. Sec. texas property code reletting fee - sophrologie-dahan.fr 3, eff. 12, eff. 2, eff. Added by Acts 2011, 82nd Leg., R.S., Ch. January 1, 2014. (d) Repealed by Acts 2009, 81st Leg., R.S., Ch.
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