Added by Acts 1993, 73rd Leg., ch. POSSESSION OF FIREARMS OR FIREARM AMMUNITION ON LEASED PREMISES. for non-profit, educational, and government users. 4173), Sec. Termination of a lease under this subsection is effective when the tenant surrenders possession of the dwelling. Texas courts allow landlords to charge so-called "reletting fees," which are the landlord's costs resulting from an early lease termination. (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. The same if you're forced to move out because of lease violations. Aug. 28, 1989. Acts 2017, 85th Leg., R.S., Ch. 92.008(b) to (f) and amended by Acts 1995, 74th Leg., ch. 5, eff. 1, eff. (a) If a tenant files or prosecutes a suit for retaliatory action based on a complaint asserted under Section 92.331(a)(3), and the government building or housing inspector or utility company representative visits the premises and determines in writing that a violation of a building or housing code does not exist or that a utility problem does not exist, there is a rebuttable presumption that the tenant acted in bad faith. 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. CESSATION OF OWNER'S INTEREST. CONDITIONS FOR RETENTION OF SECURITY DEPOSIT OR RENT PREPAYMENT. (e) Repealed by Acts 2017, 85th Leg., R.S., Ch. (p) A landlord who provides notice in accordance with Subsection (h) may not apply a payment made by a tenant to avoid interruption of electric service or reestablish electric service to rent or any other amounts owed under the lease. . 92.301. (a) A landlord shall accept a tenant's timely cash rental payment unless a written lease between the landlord and tenant requires the tenant to make rental payments by check, money order, or other traceable or negotiable instrument. The term includes double-hinged patio doors. Aug. 28, 1989; Acts 1997, 75th Leg., ch. 1, eff. 92.056. (D) the agreement is made knowingly, voluntarily, and for consideration. (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. Aug. 28, 1989. (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. 1, eff. (7) "Landlord" means a dwelling owner, lessor, sublessor, management company, or managing agent, including an on-site manager. Sec. 824 (S.B. (2) United States mail, addressed to the applicant and postmarked on or before the required date. 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. January 1, 2010. Acts 2015, 84th Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. (b) A customer shall provide written notice of a service disconnection to each tenant or owner at a nonsubmetered master metered multifamily property not later than the fifth day after the date the customer receives a notice of service disconnection from an electric service provider or a gas utility. (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. Sec. Sec. (3) a nursing or convalescent home licensed by the Department of State Health Services and certified to meet the Life Safety Code under federal law and regulations. January 1, 2008. 257 (H.B. June 18, 2005. LANDLORD LIABILITY AND TENANT REMEDIES; NOTICE AND TIME FOR REPAIR. (2) may not terminate or suspend the permit until the date the tenant's right of possession ends. (a) The landlord shall repair or replace a fire extinguisher at the landlord's expense if: (1) on inspection, the fire extinguisher is found: (B) not to have the correct pressure indicated on the gauge or pressure indicator as recommended by the manufacturer of the fire extinguisher; or. 10, eff. (2) if an adult whose occupancy causes a violation of Subsection (a) is seeking temporary sanctuary from family violence, as defined by Section 71.004, Family Code, for a period that does not exceed one month. 650, Sec. Acts 2007, 80th Leg., R.S., Ch. 576, Sec. TENANT REMEDIES FOR LANDLORD'S FAILURE TO INSTALL OR REKEY CERTAIN SECURITY DEVICES. (g) A smoke alarm that is in good working order at the beginning of a tenant's possession is presumed to be in good working order until the tenant requests repair of the smoke alarm as provided by this subchapter. 1, eff. A reasonable time for purposes of this subsection is presumed to be not later than the seventh day after the date a tenant's advance payment is received by the landlord, except as provided by Subsection (c). 92.017. 9, eff. 630), Sec. Sec. Amended by Acts 1993, 73rd Leg., ch. Acts 1983, 68th Leg., p. 3637, ch. (C) the landlord, prior to the date of discarding the property, has not been contacted by anyone claiming the property. (b) A landlord may allow an occupancy rate of more than three adult tenants per bedroom: (1) to the extent that the landlord is required by a state or federal fair housing law to allow a higher occupancy rate; or. 92.3515. 1420, Sec. 92.003. 92.168. 1, eff. 946), Sec. Rent delinquency is not a defense for a violation of Section 92.204. (e) If a tenant is liable under Subsection (a) and the tenant does not comply with the landlord's notice under Subsection (d), the landlord shall have the following remedies against the tenant: (1) a court order directing the tenant to comply with the landlord's notice; (2) a judgment against the tenant for a civil penalty of one month's rent plus $100; (3) a judgment against the tenant for court costs; and. 0 attorneys agreed. However, this subchapter does not prohibit the adoption of a local ordinance that conforms to this subchapter but which contains additional enforcement provisions. If a landlord removes any of the items listed in this subsection for a bona fide repair or replacement, the repair or replacement must be promptly performed. Added by Acts 2015, 84th Leg., R.S., Ch. REMEDIES. Sec. 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. 257 (H.B. (j) A tenant and a landlord may agree that the tenant waives a tenant's rights under this section if the tenant or any dependent living with the tenant moves into base housing or other housing within 30 miles of the dwelling. Sec. Under Texas law, a landlord has an obligation to mitigate damages. . Aug. 31, 1987. (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. 92.013 by Acts 2001, 77th Leg., ch. (e) A landlord may comply with this section by providing to a tenant a complete copy of the lease: (2) in an electronic format if requested by the tenant; or. (c) If the landlord gives the tenant the notice closing the rental unit: (1) before the tenant gives a repair notice to the landlord, the remedies of this subchapter do not apply; (2) after the tenant gives a repair notice to the landlord but before the landlord has had a reasonable time to make repairs, the tenant is entitled only to the remedies under Subsection (d) of this section and Subdivisions (3), (4), and (5) of Subsection (a) of Section 92.0563; or. 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. Unlawful Early Move-Out And Reletting Charge. (l) A deferred payment plan for the purposes of this section must be in writing. 5, eff. (e) Repealed by Acts 2009, 81st Leg., R.S., Ch. (e) A landlord may not change the locks on the door of a tenant's dwelling under Subsection (b)(3) on a day, or on a day immediately before a day, on which the landlord or other designated individual is not available, or on which any on-site management office is not open, for the tenant to tender the delinquent rent. Ask Your Own Real Estate Law Question 91.006 supports reletting fees by charging an assessment. COMPLIANCE WITH TENANT REQUEST REQUIRED WITHIN REASONABLE TIME. Additionally, a landlord may charge more than the maximum to recover costs, expenses, or overhead associated with collecting the late payment. The re-let fee is turned in at the same time as your keys once you have officially moved out. (e) Except as provided in Subsection (f), a tenant to whom a landlord is liable under Subsection (b) of this section may: (2) have the condition repaired or remedied according to Section 92.0561; (3) deduct from the tenant's rent, without necessity of judicial action, the cost of the repair or remedy according to Section 92.0561; and. (3) the landlord is expressly required or permitted to periodically check on the well-being or health of the tenant as a part of a written lease or other written agreement. The reletting . If the blank was filled in for the lease at issue, the landlord can probably claim a reletting fee. 17, eff. (c) A landlord who fails to give notice as required by this section is liable to the tenant for any expense incurred by the tenant as a result of the landlord's failure to give the notice. Acts 1983, 68th Leg., p. 3638, ch. 1, eff. Sec. INVALID COMPLAINTS. 92.0091. 5. a judgment against the landlord for attorney 's fees in an action under Subdivision (1) or (3); and 6. unilateral termination of the lease without a court proceeding if the landlord violates Section 92.259(a)(2). 475, Sec. (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. SMOKE ALARM. (b) If the tenant's lease is in writing, the lease may require the tenant's initial request for information to be written. (g) A lease must contain language in underlined or bold print that informs the tenant of the remedies available under this section and Section 92.0561. (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. 13, eff. harp funeral notices merthyr tydfil best owb holster for s&w governor texas property code reletting fee. or TAR (Texas Association of Realtors) form, then it comports with property code law and means what it says. Sept. 1, 1999. January 1, 2010. 13, eff. Sept. 1, 1993. 1, eff. Property Address Monthly Rent Day of Move Proration Due Date Prorated Rent Texas Homes Realty and Management 21510 Kingsland Blvd #105 Katy, TX 77450 X 2nd X 35.00 10.00 Sample Lease X (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. Jan. 1, 1984. (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. The fee for service of a writ of restoration of utility service is the same as that for service of a writ of possession. REKEYING OR CHANGE OF SECURITY DEVICES. Understanding the Law (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. 83), Sec. (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 duties of a landlord and the remedies of a tenant under this subchapter are in lieu of the common law, other statutory law, and local ordinances relating to the disclosure of ownership and management of a dwelling by a landlord to a tenant. A landlord has a defense to liability under Section 92.202 or 92.203 if the tenant owes rent on the date the tenant gives a notice required by either of those sections. 92.011. A party who files or prosecutes a suit under Subchapter B, D, E, or F in bad faith or for purposes of harassment is liable to the defendant for one month's rent plus $100 and for attorney's fees. Amended by Acts 1995, 74th Leg., ch. EFFECT ON OTHER LANDLORD DUTIES AND TENANT REMEDIES. (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. (D) in underlined or bold print, the tenant's right to receive a key to the new lock at any hour, regardless of whether the tenant pays the delinquent rent. September 1, 2017. Basically, it's the part of the Texas property code that states that the landlord must do their due diligence to rent out the home to someone else to "mitigate damages". (c) During the term of a lease or during a renewal or extension, the landlord has a duty to inspect and repair a smoke alarm, but only if the tenant gives the landlord notice of a malfunction or requests to the landlord that the smoke alarm be inspected or repaired. Amended by Acts 1993, 73rd Leg., ch. September 1, 2011. January 1, 2022. 92.1641. 92.008. (f) A landlord who violates Subsection (b), (c), (d), or (e) is liable for a civil penalty in the amount of $100 plus any towing or storage costs that the tenant incurs as a result of the towing of the tenant's vehicle. (e) If a tenant vacates the premises in breach of a written lease, the landlord may deduct from the tenant's security deposit the reasonable cost incurred by the landlord to rekey a security device as required by this section only if the lease includes a provision that is underlined or printed in boldface type authorizing the deduction. 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. (2) increasing rent or reducing services as part of a pattern of rent increases or service reductions for an entire multidwelling project. (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. 4, eff. 92.161. Sec. Sept. 1, 2001. 882), Sec. RETENTION OF SECURITY DEPOSIT; ACCOUNTING. 1, eff. (3) after the tenant gives a repair notice to the landlord and after the landlord has had a reasonable time to make repairs, the tenant is entitled only to the remedies under Subsection (d) of this section and Subdivisions (3), (4), and (5) of Subsection (a) of Section 92.0563. Reletting a Rental Property A landlord relets a property by having a new tenant sign an entirely new lease. 1, eff. 1, eff. (c) A notice to a tenant's primary residence under Subsection (a) may be sent by regular United States mail and shall be considered as having been given on the date of postmark of the notice. 1099), Sec. A fee may not be applied to a deferred payment plan entered into under this section. 324 (S.B. Acts 2009, 81st Leg., R.S., Ch. 92.302. Acts 1983, 68th Leg., p. 3649, ch. (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. Sept. 1, 1993. (a) The landlord shall inspect and repair a smoke alarm according to this section. Most leases in Texas are written for initial fixed terms, usually 12 months. 6, eff. Sept. 1, 1987; Acts 1997, 75th Leg., ch. 1205, Sec. (k) If the tenant challenges the claim for damages or unpaid rent and that challenge results in a determination by the landlord or by a court that the notice of indebtedness is incorrect, the indebtedness is void and the landlord may not file an insurance claim for insurance purchased under Subsection (e) in the amount of the voided indebtedness. Acts 1983, 68th Leg., p. 3632, ch. 1, eff. January 1, 2010. However, most (a) If a landlord does not comply with Section 92.153 or 92.156(a) regarding installation or rekeying of a security device, the tenant may: (1) install or rekey the security device as required by this subchapter and deduct the reasonable cost of material, labor, taxes, and extra keys from the tenant's next rent payment, in accordance with Section 92.166; (2) serve a written request for compliance on the landlord, and, except as provided by Subsections (b) and (c), if the landlord does not comply on or before the third day after the date the notice is received, unilaterally terminate the lease without court proceedings; (3) file suit against the landlord without serving a request for compliance and obtain a judgment for: (A) a court order directing the landlord to comply, if the tenant is in possession of the dwelling; (D) attorney's fees except in suits for recovery of property damages, personal injuries, or wrongful death; and.