January 1, 2008. A landlord who in bad faith fails to refund an application fee or deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the amount wrongfully retained, and the applicant's reasonable attorney's fees. Acts 1983, 68th Leg., p. 3633, ch. Texas Property Code Section 53.156 - Costs and Attorney's Fees Texas Statutes Prop. Sec. January 1, 2008. If the insurance company has already paid the landlord for the invalidated claim, the landlord shall return the payment. Sec. Sept. 1, 1999. REMOVAL OR ALTERATION OF SECURITY DEVICE BY TENANT. Acts 1983, 68th Leg., p. 3647, ch. 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. (j) A person who receives information under Subsection (c), (c-1), or (d) may not disclose the information to any other person except for a legitimate or customary business purpose or as otherwise required by law. 92.0563. 92.057(d) and amended by Acts 1995, 74th Leg., ch. Jan. 1, 1984. REMEDIES. . 3101), Sec. 92.156. (2) date the landlord accepts an application deposit if the landlord does not furnish the applicant an application form. Sec. (c) If the tenant is a victim or a parent or guardian of a victim of sexual assault under Section 22.011, Penal Code, aggravated sexual assault under Section 22.021, Penal Code, indecency with a child under Section 21.11, Penal Code, sexual performance by a child under Section 43.25, Penal Code, continuous sexual abuse of young child or disabled individual under Section 21.02, Penal Code, or an attempt to commit any of the foregoing offenses under Section 15.01, 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 the assault or abuse, or attempted assault or abuse, of the victim from a licensed health care services provider who examined the victim; (2) documentation of the assault or abuse, or attempted assault or abuse, of the victim from a licensed mental health services provider who examined or evaluated the victim; (3) documentation of the assault or abuse, or attempted assault or abuse, of the victim from an individual authorized under Chapter 420, Government Code, who provided services to the victim; or. 92.254. (2) for a dwelling unit that is a one-family or two-family dwelling unit, installs smoke detectors in compliance with Chapter 766, Health and Safety Code. Added by Acts 1995, 74th Leg., ch. (b-1) A tenant may obtain relief under Subsection (b) if the tenant provides the landlord or the landlord's agent: (1) a copy of one or more of the following orders protecting the tenant or an occupant from family violence: (A) a temporary injunction issued under Subchapter F, Chapter 6, Family Code; (B) a temporary ex parte order issued under Chapter 83, Family Code; (C) a protective order issued under Chapter 85, Family Code; or, (D) an order of emergency protection under Article 17.292, Code of Criminal Procedure; or. (b) Unless the condition was caused by normal wear and tear, the landlord does not have a duty during the lease term or a renewal or extension to repair or remedy a condition caused by: (2) a lawful occupant in the tenant's dwelling; (3) a member of the tenant's family; or. 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. The reletting fee (not a "relenting fee") is a sum you pay to the landlord to cover the expenses incurred in reletting your apartment in the event you break your lease and move out before. (2) 30 days if the landlord's failure to repair is caused by a general shortage of labor or materials for repair following a natural disaster such as a hurricane, tornado, flood, extended freeze, or widespread windstorm. 576, Sec. texas property code reletting fee texas property code reletting fee Amended by Acts 1989, 71st Leg., ch. 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. Acts 2007, 80th Leg., R.S., Ch. 4, eff. 1, eff. 3167), Sec. Sept. 1, 1997. (d) A provision of a lease that purports to waive a right or exempt a party from a liability or duty under this section is void. Acts 2013, 83rd Leg., R.S., Ch. 5, eff. If the lease is in writing and is not in violation of Section 92.006, the tenant's proof of a knowing violation must be clear and convincing. 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. 3) You must continue paying rent each month on the first, until a replacement tenant is found and starts paying rent for you. INSPECTION OF RESIDENTIAL FIRE EXTINGUISHER. 576, Sec. Senate Bill 1588 modifies Section 209.0064 of the Texas Property Code, which requires written notice of a delinquent account be sent to property owners by a property owners association that administers a subdivision development before the property owner can be made liable for the fees of a collection agent. 92.167. 1293), Sec. 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. A security device that is installed, changed, or rekeyed under this subchapter becomes a fixture of the dwelling. A reasonable time for purposes of this subsection is presumed to be not later than the seventh day after the date the request is received by the landlord. (6) the tenant was not delinquent in the payment of rent at the time any notice required by this subsection was given. 576, Sec. (b) A landlord who knowingly violates Section 92.006 by contracting orally or in writing with a tenant to waive the landlord's duty to repair under this subchapter shall be liable to the tenant for actual damages, a civil penalty of one month's rent plus $2,000, and reasonable attorney's fees. 3, eff. 1420, Sec. TENANT'S JUDICIAL REMEDIES. 6, eff. HEIGHT REQUIREMENTS--SLIDING DOOR SECURITY DEVICES. 17.001(64), eff. (2) "Nonsubmetered master metered multifamily property" means an apartment, a leased or owner-occupied condominium, or one or more buildings containing at least 10 dwellings that receive electric utility service or gas utility service that is master metered but not submetered. Repairs may not be made to the foundation or load-bearing structural elements of the building if it contains two or more dwelling units. Added by Acts 2007, 80th Leg., R.S., Ch. Sec. 1, eff. Sec. Renumbered from Sec. 3, eff. Acts 1983, 68th Leg., p. 3640, ch. Amended by Acts 1995, 74th Leg., ch. 1, eff. The term does not include occupancy before the initial occupancy date authorized under a lease. (a) The landlord shall inspect and repair a smoke alarm according to this section. (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. Sec. Ask Your Own Real Estate Law Question 91.006 supports reletting fees by charging an assessment. Paying out-of-pocket - Lease agreements often include penalties and fees for breaking a lease. (2) at the time the tenant receives such evidence, the tenant has not yet terminated the lease or filed suit under this section. 15 (S.B. (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. 918, Sec. (a) A landlord is liable to a tenant or a governmental body according to this subchapter if: (1) after the tenant or government official or employee makes a request for information under Section 92.201, the landlord does not provide the information; and. 3101), Sec. 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. 31.01(71), eff. 92.016. Jan. 1, 1984. A wealth of home building and renovating wisdom from years of experience. (c) When deducting for the tenant's payment of the landlord's utility bill under this section, the tenant shall submit to the landlord a copy of a receipt from the utility company which evidences the amount of payment made by the tenant to reconnect or avert cutoff of utilities. June 18, 2005. 409 (H.B. (c) If Subsection (b) does not apply, the owner's management company, on-premise manager, or rent collector serving the dwelling is the owner's authorized agent for service of process unless the owner's name and business street address have been furnished in writing to the tenant. Acts 1983, 68th Leg., p. 3640, ch. 2, eff. (f) A tenant who elects to terminate the lease under Subsection (e) is: (1) entitled to a pro rata refund of rent from the date of termination or the date the tenant moves out, whichever is later; (2) entitled to 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 according to law; and. Added by Acts 2009, 81st Leg., R.S., Ch. LANDLORD'S AGENT FOR SERVICE OF PROCESS. Acts 2009, 81st Leg., R.S., Ch. (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. Most commonly, an early termination fee is two months' rent. Jan. 1, 1984. September 1, 2021. Aug. 26, 1985. 92.055. 1, eff. Jan. 1, 1984. Added by Acts 2011, 82nd Leg., R.S., Ch. (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. (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. 576, 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. Renumbered from Property Code, Section 92.016 by Acts 2007, 80th Leg., R.S., Ch. (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. 92.060. Acts 1983, 68th Leg., p. 3638, ch. 1510), Sec. (d) A landlord may not intentionally prevent a tenant from entering the leased premises under Subsection (b)(3) unless: (1) the landlord's right to change the locks because of a tenant's failure to timely pay rent is placed in the lease; (2) the tenant is delinquent in paying all or part of the rent; and. Aug. 31, 1987. 10, eff. Code Ann. (2) a bolt installed inside the door and operated from the edge of the door, capable of insertion into the doorjamb above the door, and another bolt installed inside the door and operated from the edge of the door capable of insertion into the floor or threshold, each bolt having a throw of three-fourths inch or more. (a) Not later than the third business day after the date the lease is signed by each party to the lease, a landlord shall provide at least one complete copy of the lease to at least one tenant who is a party to the lease. . 92.158 and amended 2001, 77th Leg., ch. 92.017. OBLIGATION TO REFUND. (c) If the date of required notice of acceptance or required refund of an application deposit is a Saturday, Sunday, or state or federal holiday, the required date shall be extended to the end of the next day following the Saturday, Sunday, or holiday. 650, Sec. A sheriff or constable may use reasonable force in executing a writ of reentry under this section. Sept. 1, 1987; Acts 1997, 75th Leg., ch. Reletting is your best bet if you have a special circumstance (i.e. 1, eff. (2) "Bedroom" means an area of a dwelling intended as sleeping quarters. Most tenant insurance policies do not cover damages or loss incurred in a flood. Acts 1983, 68th Leg., p. 3650, ch. 1, 3, eff. Jan. 1, 1984. 946), Sec. Redesignated from Property Code Sec. Amended by Acts 1987, 70th Leg., ch. 23.011, eff. You'll be liable for a reletting charge of $675.75 (not to exceed 85% of the highest monthly rent during the Lease term) if you: (A) fail to move in, or fail to give written move out notice as required in Par.23 or 36: (B) move out without paying rent in full for the entire . 6, eff. (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. (B) the National Weather Service issues a heat advisory for a county in which the premises is located or has issued such an advisory on one of the two preceding days. (f) Except as provided by Subsection (g), this section does not affect a tenant's liability for delinquent, unpaid rent or other sums owed to the landlord before the lease was terminated by the tenant under this section. (c) A security device required by Subsection (a) or (b) must be installed at the landlord's expense. January 1, 2014. TYPE, BRAND, AND MANNER OF INSTALLATION. 92.002. (2) in addition to other remedies available under law, recover from the landlord an amount equal to the sum of the tenant's actual damages, one month's rent plus $1,000, reasonable attorney's fees, and court costs, less any delinquent rents or other sums for which the tenant is liable to the landlord. RELETTING FEE: Resident acknowledges that the Reletting Fee is not a cancellation fee or a buyout fee.. NON-PERFORMANCE OF VENDORS DUTIES RELETTING CHARGES If the Vendor fails to perform in accordance with the terms of this Contract, the Port Authority may obtain the goods or services from another Vendor and charge the seller the difference in price, if any . (a) A landlord may not retaliate against a tenant by taking an action described by Subsection (b) because the tenant: (1) in good faith exercises or attempts to exercise against a landlord a right or remedy granted to the tenant by lease, municipal ordinance, or federal or state statute; (2) gives a landlord a notice to repair or exercise a remedy under this chapter; (3) complains to a governmental entity responsible for enforcing building or housing codes, a public utility, or a civic or nonprofit agency, and the tenant: (A) claims a building or housing code violation or utility problem; and, (B) believes in good faith that the complaint is valid and that the violation or problem occurred; or. For purposes of this subchapter: (1) "Application deposit" means a sum of money that is given to the landlord in connection with a rental application and that is refundable to the applicant if the applicant is rejected as a tenant. (b) A management company or managing agent who is not the owner of a dwelling and who has not purported to be the owner in the lease has a defense to liability under Sections 92.164 and 92.165 if before the date the tenant is in possession of the dwelling or the date of the tenant's request for installation, repair, replacement, change, or rekeying and before any property damage or personal injury to the tenant, the management company or managing agent: (1) did not have funds of the dwelling owner in its possession or control with which to comply with this subchapter; (2) made written request to the dwelling owner that the owner fund and allow installation, repair, change, replacement, or rekeying of security devices as required under this subchapter and mailed the request, certified mail return receipt requested, to the dwelling owner; and. (C) explaining the remedies available to the tenant for the landlord's failure to comply. The fee for service of a show cause order is the same as that for service of a civil citation. 3101), Sec. 92.207. (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. 650, Sec. 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. Added by Acts 1995, 74th Leg., ch. Sec. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. Is subletting legal in North Carolina? 92.354. LANDLORD'S FAILURE TO INSTALL, INSPECT, OR REPAIR. 15, eff. (a) The landlord is not obligated to return a tenant's security deposit or give the tenant a written description of damages and charges until the tenant gives the landlord a written statement of the tenant's forwarding address for the purpose of refunding the security deposit. Jan. 1, 1984. 92.151. (3) a copy of the settled claim that documents payments made by the insurer to the landlord. (e) The affidavit must be delivered to the tenant by any of the following methods: (2) certified mail, return receipt requested, to the tenant; or. (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. (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. (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. Aug. 28, 1989. Section 92.019 Texas Property Code Sec. LANDLORD 'S FAILURE TO DISCLOSE INFORMATION. Sept. 1, 1993. Notice in person may be by personal delivery to the tenant or any person residing at the tenant's dwelling who is 16 years of age or older or by personal delivery to the tenant's dwelling and affixing the notice to the inside of the main entry door. 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". Acts 1983, 68th Leg., p. 3632, ch. TEXAS ATTORNEY ONLYwith current bar passed and licensed.What are limitations surrounding Reletting Fees? Added by Acts 2007, 80th Leg., R.S., Ch. Over 58 years of experience Guaranteed prices - the price we quote is the price you pay! 2, eff. 1186), Sec. (c) An individual who owns or leases a dwelling within 3,000 feet of a dwelling as to which a landlord has violated this section, or a governmental entity or civic association acting on behalf of the individual, may file suit against a landlord to enjoin the violation. teriyaki chicken donburi wagamama . Acts 1983, 68th Leg., p. 3651, ch. 165, Sec. (16) "Window latch" means a device on a window that prevents the window from being opened and that is operated without a key and only from the interior. (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. Amended by Acts 1993, 73rd Leg., ch. Facebook. If you do not meet the selection criteria, or if you provide inaccurate or incomplete information, your application may be rejected and your application fee will not be refunded.". (f) If a landlord or a landlord's agent violates this section, the tenant may: (1) either recover possession of the premises or terminate the lease; and. Sec. (2) within a reasonable time after receiving a written request by a tenant. (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. 8 , 2022. (i) A landlord is subject to the tenant remedies provided by Section 92.164(a)(4) if the landlord: (1) deactivates or does not install a keyless bolting device, claiming an exemption under Subsection (e), (f), or (g); and. Jan. 1, 1984. (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. Amended by Acts 1997, 75th Leg., ch. Sometimes, the law can only be enforced in court. 91.006 - This regulation works in your favor. 576, Sec. 357, Sec. 1, eff. 4, eff. Sec. 0 . (f) If the landlord fails to request a hearing on the tenant's sworn complaint for reentry before the eighth day after the date of service of the writ of reentry on the landlord under Subsection (d), a judgment for court costs may be rendered against the landlord. Code Title 5 Subtitle B Chapter 53 Section 53.156 Texas Property Code Sec. 1, 3, eff. Acts 2019, 86th Leg., R.S., Ch. Sec. 869, Sec. 869, Sec. 744, Sec. 969 (H.B. Aug. 26, 1985. LANDLORD LIABILITY TO TENANT FOR UTILITY CUTOFF. 92.012. (c) A reasonable time for purposes of Subsections (a) and (b) is presumed to be not later than 72 hours after the time of receipt of the tenant's request and any required advance payment if at the time of making the request the tenant informed the landlord that: (1) an unauthorized entry occurred or was attempted in the tenant's dwelling; (2) 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. Sec. However, this subchapter does not: (1) affect a local ordinance adopted before September 1, 1981, that requires landlords to install smoke alarms in new or remodeled dwelling units before September 1, 1981, if the ordinance conforms with or is amended to conform with this subchapter; (2) limit or prevent adoption or enforcement of a local ordinance relating to fire safety as a part of a building, fire, or housing code, including any requirements relating to the installation of smoke alarms or the type of smoke alarms; (3) otherwise limit or prevent the adoption of a local ordinance that conforms to this subchapter but which contains additional enforcement provisions, except as provided by Subsection (b); or. 92.056. (1) "Adult" means an individual 18 years of age or older. (B) a doorknob lock that contains a bolt with at least a one-inch throw. (2) the tenant requested that the landlord repair, install, change, or rekey the same security device during the 30 days preceding the tenant's request, and the landlord complied with the request. 2.63, eff. (h) A security device required by this section must be operable throughout the time a tenant is in possession of a dwelling. (e) A correction to the information may be made by any of the methods authorized for providing the information. (a) Before returning a security deposit, the landlord may deduct from the deposit damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease. Acts 2009, 81st Leg., R.S., Ch. Sec. APPLICATION OF SUBCHAPTER. Acts 1983, 68th Leg., p. 3639, ch. (a) If, at the time of signing a lease or lease renewal, a tenant gives written notice to the tenant's landlord that the tenant does not occupy the leased premises as a primary residence and requests in writing that the landlord send notices to the tenant at the tenant's primary residence and provides to the landlord the address of the tenant's primary residence, the landlord shall mail to the tenant's primary residence: (3) all notices of rental increases at the end of the lease term; and. 794, Sec. 0. (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. (g) If the landlord is liable to the tenant under Section 92.056 and if a new landlord, in good faith and without knowledge of the tenant's notice of intent to repair, has acquired title to the tenant's dwelling by foreclosure, deed in lieu of foreclosure, or general warranty deed in a bona fide purchase, then the following shall apply: (1) The tenant's right to terminate the lease under this subchapter shall not be affected, and the tenant shall have no duty to give additional notice to the new landlord. 1168), Sec. 257 (H.B. (b) A provision of a lease that purports to waive a right or to exempt a landlord from a liability or duty under this section is void. 91.002 by Acts 1987, 70th Leg., ch. (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. January 1, 2016. (a) A landlord may not remove a door, window, or attic hatchway cover or a lock, latch, hinge, hinge pin, doorknob, or other mechanism connected to a door, window, or attic hatchway cover from premises leased to a tenant or remove furniture, fixtures, or appliances furnished by the landlord from premises leased to a tenant unless the landlord removes the item for a bona fide repair or replacement. Acts 1983, 68th Leg., p. 3639, ch. 92.013 by Acts 2001, 77th Leg., ch. 576, Sec. (a) A landlord or a landlord's agent may not interrupt or cause the interruption of utility service paid for directly to the utility company by a tenant unless the interruption results from bona fide repairs, construction, or an emergency. (b) A landlord is not required to provide the notice under Subsection (a) if the tenant has not given the landlord the tenant's forwarding address as provided by Section 92.107.

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