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5, eff. Sec. Jan. 1, 1984. Jan. 1, 1984. Acts 2007, 80th Leg., R.S., Ch. Code 91.006, a landlord must make reasonable efforts to re-rent their unit instead of charging the tenant for the total remaining rent due under the lease. LANDLORD LIABILITY AND TENANT REMEDIES; NOTICE AND TIME FOR REPAIR. 576, Sec. (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. Sec. Added by Acts 2005, 79th Leg., Ch. (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. 946), Sec. There is no limit on the amount of the reletting fee, but if it is not reasonable it might be . In addition to court costs and reasonable attorney's fees, a plaintiff who prevails under this subsection may recover from the landlord $500 for each violation of this section. September 1, 2021. Jan. 1, 1984. 92.331 by Acts 1997, 75th Leg., ch. (b) If the landlord secures the replacement tenant, the landlord may retain and deduct from the security deposit or rent prepayment either: (1) a sum agreed to in the lease as a lease cancellation fee; or. In other words, if a property owner in Texas rents property for a purpose . (e) This section does not apply to a landlord's duty to install or rekey, without necessity of a tenant's request, a security device under Section 92.153 or 92.156(a). The same if you're forced to move out because of lease violations. The fee for service of a show cause order is the same as that for service of a civil citation. 8 , 2022. (h) A tenant may not waive a tenant's right to terminate a lease before the end of the lease term, vacate the dwelling, and avoid liability under this chapter. (b) A landlord's rejection of one co-applicant shall be deemed as a rejection of all co-applicants. (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. 1, eff. (b) The landlord may not retain any portion of a security deposit to cover normal wear and tear. 576, Sec. 1448), Sec. 1112, Sec. (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. 3167), Sec. LIABILITY FOR LEASING TO PERSON WITH CRIMINAL RECORD. The sample TAA lease for which you provided a link has a blank for a reletting fee. Amended by Acts 1989, 71st Leg., ch. 92.0562. 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. 92.153. 1, eff. 2, eff. PROCEDURES FOR NOTICE OR REFUND. September 1, 2007. (e) If a rule or policy change is made during the term of the lease agreement, the change: (A) apply to all of the landlord's tenants in the same multiunit complex and be based on necessity, safety or security of tenants, reasonable requirements for construction on the premises, or respect for other tenants' parking rights; or, (B) be adopted based on the tenant's written consent; and. 48, Sec. (a) This subchapter does not apply to: (1) a room in a hotel, motel, or inn or to similar transient housing; (2) residential housing owned or operated by a public or private college or university accredited by a recognized accrediting agency as defined under Section 61.003, Education Code; (3) residential housing operated by preparatory schools accredited by the Texas Education Agency, a regional accrediting agency, or any accrediting agency recognized by the commissioner of education; or. Section 4001 et seq.). (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. (2) the person against whom the action is filed knew or should have known of the conviction or adjudication. Aug. 31, 1987. (c) This subchapter does not require the landlord: (1) to furnish utilities from a utility company if as a practical matter the utility lines of the company are not reasonably available; or. 92.0162. Subchapter E - Texas Property Code Subchapter E. Disclosure of Ownership and Management Sec. (a) A landlord who has expressly or impliedly agreed in the lease to furnish and pay for water, gas, or electric service to the tenant's dwelling is liable to the tenant if the utility company has cut off utility service to the tenant's dwelling or has given written notice to the tenant that such utility service is about to be cut off because of the landlord's nonpayment of the utility bill. Jan. 1, 1984. (2) at the time the tenant receives such evidence, the tenant has not yet terminated the lease or filed suit under this section. 3, eff. 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. BAD FAITH VIOLATION. 92.162. Added by Acts 1993, 73rd Leg., ch. Added by Acts 1995, 74th Leg., ch. 1439, Sec. (2) if an entity located off-site from the dwelling is primarily responsible for managing the dwelling, the name and street address of the management company. Sept. 1, 1999. Renumbered from Property Code Sec. 76, Sec. Section 92.259 of the Texas Property Code This section allows a tenant whose landlord did not install, inspect, or repair a smoke alarm in accordance with the law the right to break the lease without going to court. This subsection shall not affect the landlord's duty under Subchapter B to repair or remedy, at the landlord's expense, wastewater stoppages or backups caused by deterioration, breakage, roots, ground conditions, faulty construction, or malfunctioning equipment. (4) the fee, unless otherwise specified, is not paying for insurance that covers the tenant or otherwise changes the tenant's obligation to pay rent and damages beyond normal wear and tear. 576, Sec. Renumbered from Property Code Sec. (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. 1002), Sec. Acts 1983, 68th Leg., p. 3650, ch. September 1, 2011. 629 (S.B. June 18, 2005. Sec. January 1, 2010. January 1, 2022. Tweet Twitter . 92.001. 3, eff. (a) In this section, "governmental entity" means the state, an agency of the state, or a political subdivision of the state. (b) If the dwelling has French doors, one door of each pair of French doors must meet the requirements of Subsection (a) and the other door must have: (1) a keyed dead bolt or keyless bolting device capable of insertion into the doorjamb above the door and a keyless bolting device capable of insertion into the floor or threshold, each with a bolt having a throw of one inch or more; or. (h) If a writ of possession is issued, it supersedes a writ of reentry. 92.203. EXEMPTIONS. (b) Notwithstanding this subchapter, a person licensed to install fire alarms or fire detection devices under Chapter 6002, Insurance Code, shall comply with that chapter when installing smoke alarms. Sec. 576, Sec. 576, Sec. Sept. 1, 1993. SMOKE ALARM. Section 92.019 Texas Property Code Sec. January 1, 2010. Jan. 1, 1984. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. January 1, 2020. (1) "Adult" means an individual 18 years of age or older. A landlord who violates this section shall be liable to the tenant for all judicial remedies under Section 92.0563 except that the civil penalty under Subdivision (3) of Subsection (a) of Section 92.0563 shall be one month's rent plus $1,000. Acts 1983, 68th Leg., p. 3632, ch. 92.0091. (c) Subsection (a) does not apply to a real estate mortgage lienholder who acquires title by foreclosure. (2) is liable for the tenant's reasonable attorney's fees in a suit to recover the deposit. (b) Notice under this section must be in writing and may be given in person, by mail, or by delivery to the premises. 53.156 Costs and Attorney's Fees The fee for service of a writ of reentry is the same as that for service of a writ of possession. 650, Sec. 1051 (H.B. (h) If a writ of possession is issued, it supersedes a writ of restoration of utility service. 92.205. DISCLOSURE OF OWNERSHIP AND MANAGEMENT. (a) A landlord has a defense to liability under Section 92.165 if 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 this subchapter. EMERGENCY PHONE NUMBER. 1, eff. (2) the landlord may not allow reoccupancy or reconnection of utilities by separate meter within six months after the date the tenant moves out. TENANT REMEDIES FOR LANDLORD'S FAILURE TO INSTALL OR REKEY CERTAIN SECURITY DEVICES. (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. 1, eff. 92.007. 48, Sec. Sept. 1, 1997. January 1, 2014. January 1, 2008. (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. (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. 92.156. LIABILITY FOR WITHHOLDING LAST MONTH'S RENT. (B) to deploy with a military unit for a period of 90 days or more. 4, eff. This clause allows tenants to terminate the lease early if they follow the early termination rules. It also means a "dwelling" as defined by Section 92.001. January 1, 2006. January 1, 2014. (2) 48 inches from the floor, if installed on or after September 1, 1993. The request must be a separate document and may not be included as part of a lease agreement. POSSESSION OF FIREARMS OR FIREARM AMMUNITION ON LEASED PREMISES. (g) A landlord and a tenant may mutually agree for the tenant to repair or remedy, at the landlord's expense, any condition of the dwelling regardless of whether it materially affects the health or safety of an ordinary tenant. 650, Sec. 1367), Sec. 92.201. (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. Sec. 92.159. 12, eff. 165, Sec. On receipt of an affidavit, the justice shall issue a show cause order, directing the person to appear on a designated date and show cause why the person should not be adjudged in contempt of court. Added by Acts 2015, 84th Leg., R.S., Ch. DEFINITIONS. Sec. 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. 15, eff. 92.0561. (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. (b) Except as provided by Section 92.255(b), a smoke alarm may be powered by battery, alternating current, or other power source as required by local ordinance. HARASSMENT. Amended by Acts 2003, 78th Leg., ch. How does a Reletting fee work in Texas? 969 (H.B. OBLIGATION TO REFUND. Sec. January 1, 2016. September 1, 2019. 1439, Sec. The fair market rent shall be determined by the governmental agency subsidizing the rent, or in the absence of such a determination, it shall be a reasonable amount of rent under the circumstances. 8, eff. (4) the tenant has the right to install or rekey a security device required by this subchapter and deduct the reasonable cost from the tenant's next rent payment, as provided by Subsection (a)(1). (d) Except as provided by Subsection (f), 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. Examples of RELETTING in a sentence. Section 511. (e) A landlord and a tenant may agree for the tenant to repair or remedy, at the tenant's expense, any condition covered by Subchapter B if all of the following conditions are met: (1) at the beginning of the lease term the landlord owns only one rental dwelling; (2) at the beginning of the lease term the dwelling is free from any condition which would materially affect the physical health or safety of an ordinary tenant; (3) at the beginning of the lease term the landlord has no reason to believe that any condition described in Subdivision (2) of this subsection is likely to occur or recur during the tenant's lease term or during a renewal or extension; and. (4) a temporary residential tenancy created by a contract for sale in which the buyer occupies the property before closing or the seller occupies the property after closing for a specific term not to exceed 90 days. A provision of a rental application that purports to waive a right or exempt a party from a liability or duty under this subchapter is void. 10, eff. Sept. 1, 1993. Added by Acts 2021, 87th Leg., R.S., Ch. 1, eff. (a) The applicant is deemed rejected by the landlord if the landlord does not give notice of acceptance of the applicant on or before the seventh day after the: (1) date the applicant submits a completed rental application to the landlord on an application form furnished by the landlord; or. 3101), Sec. (g) A tenant's right to vacate a dwelling and avoid liability under Section 92.016 or 92.017 may not be waived by a tenant or a landlord, except as provided by those sections. 92.108. TENANT'S JUDICIAL REMEDIES. 92.0161. 7, eff. The notice shall also contain a reasonable description of the intended repair or remedy. 92.257. Acts 1983, 68th Leg., p. 3635, ch. 324 (S.B. Written Notice: The clause will specify how much written notice the tenant must give the landlord to end a lease early. 576, Sec. 3, eff. 92.024. (b) A smoke alarm must be installed on a ceiling or wall. (b) If the landlord makes the notice available under Subsection (a), the applicant shall sign an acknowledgment indicating the notice was made available. Sept. 1, 1995; Acts 1997, 75th Leg., ch. NOTICE OF RULE OR POLICY CHANGE AFFECTING TENANT'S PERSONAL PROPERTY. APPLICATION. 3, eff. Sept. 1, 1989. Prop. 576, Sec. (j) This section does not affect a tenant's right to pursue a separate cause of action under Section 92.0081. Sec. APPLICATION OF OTHER LAW; MUNICIPAL REGULATION. (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. PRESUMPTION OF REFUND OR ACCOUNTING. The drop bolt system must prevent the door from being opened unless the central plate is lifted off of the doorjamb restraint by a person who is on the interior side of the door. Sept. 1, 1995. Renumbered from Sec. A repair bill and receipt may be the same document. 92.014. Acts 2009, 81st Leg., R.S., Ch. ATTORNEY'S FEES. Acts 1983, 68th Leg., p. 3637, ch. Aug. 28, 1989. Amended by Acts 1995, 74th Leg., ch. 1, Sept. 1, 1995. A sheriff or constable may use reasonable force in executing a writ of reentry under this section. 257 (H.B. 92.262. On receipt of an affidavit, the justice shall issue a show cause order, directing the person to appear on a designated date and show cause why he should not be adjudged in contempt of court. Sec. (b) Unless otherwise provided in a written lease, a tenant shall provide one duplicate of the key to any key-operated security device installed or rekeyed by the tenant under Section 92.164(a)(1) or 92.165(1) within a reasonable time after the landlord's written request for the key. September 1, 2011. 3, eff. The landlord is not liable to repairmen, contractors, or material suppliers who furnish labor or materials to repair or remedy the condition. (2) a door viewer if the door does not have a door viewer. 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. 357, Sec. 177), Sec. Amended by Acts 1995, 74th Leg., ch. 92.168. For purposes of this subsection, a pay stub or other statement of earnings issued by the tenant's employer is sufficient verification. Sec. (C) damage the property of the landlord, other tenants, or neighbors. 1198 (S.B. (e) If a tenant, after being furnished with a copy of this subchapter, knowingly violates Subsection (a), the landlord shall have no responsibility after the tenant's death for removal, storage, disappearance, damage, or disposition of property in the tenant's leased premises. 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. (d) If a suit is filed in a justice court requesting relief under Subsection (a), the justice court shall conduct a hearing on the request not earlier than the sixth day after the date of service of citation and not later than the 10th day after that date. (l) A deferred payment plan for the purposes of this section must be in writing. 92.202. 918, Sec. 1205, Sec. Sec. Acts 1983, 68th Leg., p. 3649, ch. 19, eff. http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.92.htm#92.019 (a) Subject to Subsections (b) and (c), a smoke alarm must be installed according to the manufacturer's recommended procedures. LIABILITY OF LANDLORD. Repairs may not be made to the foundation or load-bearing structural elements of the building if it contains two or more dwelling units. 92.021. 917 (H.B. 869, Sec. (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. Jan. 1, 1984. The justice may defer payment of the tenant's filing fees and service costs for the sworn complaint for reentry and writ of reentry. REMEDIES. 1, eff. (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. 1, eff. 337 (H.B. Jan. 1, 1984. DEFINITIONS. January 1, 2008. 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. Sec. 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). Acts 2009, 81st Leg., R.S., Ch. 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. Acts 1983, 68th Leg., p. 3639, ch. 91.002 by Acts 1987, 70th Leg., ch. 3) You must continue paying rent each month on the first, until a replacement tenant is found and starts paying rent for you. 1112 (H.B. 2, eff. (d) The tenant's notice under Subsection (a) must be in writing only if the tenant's lease is in writing and requires written notice. (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. (i) The tenant shall not have authority to contract for labor or materials in excess of what the tenant may deduct under this section. 650, Sec. Code Ann. 234), Sec. Sept. 1, 2001. 92.002. 39 (H.B. 869, Sec. (g) Except as provided by Subsection (h), a fee collected under this section is a security deposit for purposes of this chapter. Sec. 1510), 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. 1399), Sec. (4) "French doors" means a set of two exterior doors in which each door is hinged and abuts the other door when closed. DEFINITIONS. 1, eff. * Quality assurance program Family owned and operated Realistic estimates 100% satisfaction guaranteed (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 2009, 81st Leg., R.S., Ch. 1367), Sec. (4) establishes, attempts to establish, or participates in a tenant organization. The tenant has the burden of proving that the misuse or damage was caused by another party. Sec. Added by Acts 2011, 82nd Leg., R.S., Ch. (e) Repealed by Acts 2009, 81st Leg., R.S., Ch. (a) If the tenant withholds rents, causes repairs to be performed, or makes rent deductions for repairs in violation of this subchapter, the landlord may recover actual damages from the tenant. Sec. 869, Sec. 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) 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. 3, eff. APPLICATION. Sec. 576, Sec. 469 (H.B. (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. (2) made a notation in the landlord's files of the time, place, and method of providing the notice and the name of the person who delivered the notice by: (A) hand delivery to the tenant or any occupant of the tenant's dwelling over the age of 16 years at the tenant's dwelling; (B) facsimile to a facsimile number the tenant provided to the landlord for the purpose of receiving notices; or. 826, 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. (b) The tenant's deduction for the cost of the repair or remedy may not exceed the amount of one month's rent under the lease or $500, whichever is greater. (2) may not use a prospective tenant's choice to pay a fee in lieu of a security deposit or a security deposit as a criterion in the determination of whether to approve an application for occupancy. (f) If a landlord violates this section and a tenant suffers a substantial loss or damage to the tenant's personal property as a result of flooding, the tenant may terminate the lease by giving a written notice of termination to the landlord not later than the 30th day after the date the loss or damage occurred. REKEYING OR CHANGE OF SECURITY DEVICES. Jan. 1, 1996. LANDLORD'S DEFENSE. Amended by Acts 1993, 73rd Leg., ch. (a) A cause of action does not accrue against a landlord or a landlord's manager or agent solely for leasing a dwelling to a tenant convicted of, or arrested or placed on deferred adjudication for, an offense. 6, eff. (c) A security device required by Subsection (a) or (b) must be installed at the landlord's expense. 2, 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. Renumbered from Property Code, Section 92.016 by Acts 2007, 80th Leg., R.S., Ch. 1, eff. 1, eff. in the property and pay rent through a specific date, and the landlord is to allow the tenant to . (4) The tenant's judicial remedies under Section 92.0563 shall be limited to recovery against the landlord to whom the tenant gave the required notices until the tenant has given the new landlord the notices required by this section and otherwise complied with Section 92.056 as to the new landlord. The notice must include the following text in both English and Spanish: "Notice to residents of (name and address of nonsubmetered master metered multifamily property): Electric (or gas) service to this property is scheduled for disconnection on (date) because (reason for disconnection).". Amended by Acts 1993, 73rd Leg., ch. January 1, 2010. Acts 2011, 82nd Leg., R.S., Ch. The term includes a door between a living area and a garage but does not include a sliding glass door or a screen door. 92.158 and amended 2001, 77th Leg., ch. (b) Except as provided by Subsection (a), a dwelling to which this subchapter applies includes: (1) a room in a dormitory or rooming house; (3) a single family house, duplex, or triplex; and.