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. (g) eff. 1, eff. Added by Acts 2013, 83rd Leg., R.S., Ch. 1, eff. How does a Reletting fee work in Texas? (e) A keyless bolting device is not required to be installed at the landlord's expense on an exterior door if: (1) the dwelling is part of a multiunit complex in which the majority of dwelling units are leased to tenants who are over 55 years of age or who have a physical or mental disability; (2) a tenant or occupant in the dwelling is over 55 years of age or has a physical or mental disability; and. Sec. 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. (b) Notice under this section must be in writing and may be given in person, by mail, or by delivery to the premises. Sec. (m) This section does not affect the rights of a landlord or tenant in a forcible detainer or forcible entry and detainer action. Sec. Sec. (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. Jan. 1, 1984. SUBCHAPTER B. (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. 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. 69), Sec. Under Texas law, a landlord has an obligation to mitigate damages. LANDLORD AFFIDAVIT FOR DELAY. (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. 92.154. The writ of restoration of utility service must notify the landlord of the right to a hearing. If management company employees perform the work, the charge may include reasonable overhead and profit but may not exceed the cost charged to the owner by the management company for comparable security devices installed by management company employees at the owner's request and expense. Acts 1983, 68th Leg., p. 3637, ch. 92.053. Sept. 1, 1987; Acts 1997, 75th Leg., ch. The notice must be given at the time of the reduced rent payment. (m) If an insurer seeks reimbursement under Subsection (l)(2), the insurer must include in the reimbursement demand: (1) evidence of damages or unpaid rent that the landlord submitted to the insurer; (2) evidence of damage repair costs that the landlord submitted to the insurer; and. (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. 1002), Sec. January 1, 2008. Sec. Jan. 1, 1984. (g) A provision of a lease that purports to waive a right or to exempt a party from a liability or duty under this section is void. January 1, 2016. The reconnection fee must be computed based on the average cost to the landlord for the expenses associated with the reconnection, but may not exceed $10. (2) be installed in a door with a metal doorjamb that serves as the strike plate. 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. (d) Affidavits for delay based on grounds other than those listed in Subsection (c) of this section are unlawful, and if used, they are of no effect. Acts 2017, 85th Leg., R.S., Ch. (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. (4) a judgment against the landlord for court costs and attorney's fees. It also means a "dwelling" as defined by Section 92.001. (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. (2) date the landlord accepts an application deposit if the landlord does not furnish the applicant an application form. 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. The landlord is not liable to repairmen, contractors, or material suppliers who furnish labor or materials to repair or remedy the condition. January 1, 2016. (c) If the tenant decides to pay a fee in lieu of a security deposit, an agreement to collect the fee must be in writing and signed by: (1) the landlord or the landlord's legal representative; and. 4, eff. (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. (b) The landlord may not retain any portion of a security deposit to cover normal wear and tear. Sec. 5, eff. Acts 2009, 81st Leg., R.S., Ch. Added by Acts 1995, 74th Leg., ch. 1, eff. Sept. 1, 1993; Acts 1999, 76th Leg., ch. If you're "a Continue Reading Pearl York 40 Years of Family Law Practice, now retired. September 1, 2021. Late Fees: Landlords in Texas can charge between 10-12% depending on how many units are on the property (4 or less at 12%, more than 4 at 10%). (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. (g) A party may appeal from the court's judgment at the hearing on the sworn complaint for restoration of utility service in the same manner as a party may appeal a judgment in a forcible detainer suit. TENANT'S REMEDY ON NOTICE FROM MANAGEMENT COMPANY. Sept. 1, 1993. 92.017. Sec. (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. (h) A security device required by this section must be operable throughout the time a tenant is in possession of a dwelling. September 1, 2017. TENANT'S REMEDIES REGARDING REVOCATION OF CERTIFICATE OF OCCUPANCY. 92.021. The Texas Property Code, 92.101 - 92.109, protects the right of renters regarding their security deposit. 2, eff. (2) The tenant has given notice to the landlord as required by Section 92.056(b)(1), and, if required, a subsequent notice under Section 92.056(b)(3), and at least one of those notices states that the tenant intends to repair or remedy the condition. Sec. LIABILITY FOR LEASING TO PERSON WITH CRIMINAL RECORD. (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. 92.161. (3) if the dwelling unit has multiple levels, at least one smoke alarm must be located on each level. 48, Sec. 92.160. (a) In this section, "governmental entity" means the state, an agency of the state, or a political subdivision of the state. 31.01(71), eff. (c-1) As a precondition for allowing a tenant to park in a specific parking space or a common parking area that the landlord has made available for tenant use, the landlord may require a tenant to provide only the make, model, color, year, license number, and state of registration of the vehicle to be parked. Sept. 1, 2001. Added by Acts 2007, 80th Leg., R.S., Ch. Amended by Acts 1987, 70th Leg., ch. Aug. 26, 1985. 2404), Sec. Added by Acts 2009, 81st Leg., R.S., Ch. Sec. in the property and pay rent through a specific date, and the landlord is to allow the tenant to . If you break the lease, you are responsible for the re-letting fee plus rent until the apartment is re-let. (a) A landlord shall install at least one smoke alarm in each separate bedroom in a dwelling unit. Sec. REMEDIES. (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. (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. 3639, ch. TENANT'S JUDICIAL REMEDIES. 576, Sec. 8 , 2022. A mutual agreement for tenant repair under Subsection (g) of Section 92.0561 is not a violation of Section 92.006. Mark as helpful. 1, eff. 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. 1, eff. . Sept. 1, 1997. 11, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. Sept. 1, 1999. Tweet Twitter . September 1, 2007. 92.024. 918, Sec. 7, eff. 1, eff. Sec. 824 (S.B. Amended by Acts 1993, 73rd Leg., ch. 1268 (H.B. 92.201. U.S.C. (c) A landlord's failure to provide a complete copy of the lease as described by Subsection (a) or (b) does not invalidate the lease or, subject to Subsection (d), prevent the landlord from prosecuting or defending a legal action or proceeding to enforce the lease. (3) a copy of the settled claim that documents payments made by the insurer to the landlord. 1205, Sec. For purposes of this subsection, a tenant suffers a substantial loss or damage to personal property if the total cost of repairs to or replacement of the personal property is 50 percent or more of the personal property's market value on the date the flooding occurred. 689, Sec. 92.101. (g) A keyed dead bolt or a doorknob lock is not required to be installed at the landlord's expense on an exterior door if at the time the tenant agrees to lease the dwelling: (1) at least one exterior door usable for normal entry into the dwelling has both a keyed dead bolt and a keyless bolting device, installed in accordance with the height, strike plate, and throw requirements of Section 92.154; and. (a) Except as provided by Subsections (b), (e), (f), (g), and (h) and without necessity of request by the tenant, a dwelling must be equipped with: (1) a window latch on each exterior window of the dwelling; (2) a doorknob lock or keyed dead bolt on each exterior door; (3) a sliding door pin lock on each exterior sliding glass door of the dwelling; (4) a sliding door handle latch or a sliding door security bar on each exterior sliding glass door of the dwelling; and. Sec. September 1, 2017. 92.165. SECURITY DEVICES REQUESTED BY TENANT. (6) "Required date" means the required date for any acceptance of the applicant under Section 92.352. 2118), 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. 375), Sec. You are obligated to pay whatever the move out notice indicates, which you signed and, apparently, agreed to, for each and every month until the apartment is rented to a new tenant or until the date your lease expires, whichever comes first. Amended by Acts 1995, 74th Leg., ch. Sec. Acts 1983, 68th Leg., p. 3648, ch. 744, Sec. 1293), Sec. (k) If a tenant has established, in accordance with Subsection (j), the circumstances necessary to avoid electric service interruption under that subsection, the landlord may not interrupt or cause the interruption of the tenant's electric service under Subsection (h) before: (1) the 63rd day after the date those circumstances are established; or. 9, eff. (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. Sec. 1, eff. CONDITIONS FOR RETENTION OF SECURITY DEPOSIT OR RENT PREPAYMENT. (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. (a) For purposes of this section: (1) "Family violence" has the meaning assigned by Section 71.004, Family Code. A tenant may request that the landlord provide to the tenant a written statement of whether the tenant owes a late fee to the landlord and, if so, the amount of the late fee. (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. Certain Private Transfer Fee Obligations Void Current as of April 14, 2021 | Updated by FindLaw Staff Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Added by Acts 2019, 86th Leg., R.S., Ch. 92.0561. Sec. Cost of the early termination fee (typically 1-2 months or rent) The landlord will officially consider the lease terminated after receipt of the signed notice and early . Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 9, 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 . Acts 2015, 84th Leg., R.S., Ch. (e) A correction to the information may be made by any of the methods authorized for providing the information. 3, eff. Answered on 9/10/03, 6:42 pm. 92.0162. Jan. 1, 1984. (b) The landlord must post the phone number required by Subsection (a) prominently outside the management or superintendent's office. 92.333 by Acts 1997, 75th Leg., ch. Sept. 1, 1997. (b) If a tenant files or prosecutes a suit under this subchapter in bad faith, the landlord may recover possession of the dwelling unit and may recover from the tenant a civil penalty of one month's rent plus $500, court costs, and reasonable attorney's fees. Sec. A landlord acts in bad faith and is liable according to this subchapter if the landlord gives an incorrect name or address under Subsection (a) of Section 92.201 by wilfully: (1) disclosing incorrect information under Section 92.201(b)(1) or (2) or Section 92.201(d); or. 1, eff. LANDLORD'S DEFENSE. 12, eff. 869, Sec. Sept. 1, 1993. (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. (1) "Adult" means an individual 18 years of age or older. A request by a government official or employee for information must be in writing. Amended by Acts 1995, 74th Leg., ch. 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.". January 1, 2010. (b) The tenant must file with the justice court in the precinct in which the rental premises are located a sworn complaint for reentry, specifying the facts of the alleged unlawful lockout by the landlord or the landlord's agent. A landlord complies with the requirements of this subchapter relating to the provision of smoke alarms in the dwelling unit if the landlord: (1) has a fire detection device, as defined by Section 6002.002, Insurance Code, that includes a fire alarm device, as defined by Section 6002.002, Insurance Code, installed in a dwelling unit; or. (2) increasing rent or reducing services as part of a pattern of rent increases or service reductions for an entire multidwelling project. 91.002 and amended by Acts 1989, 71st Leg., ch. 92.203. January 1, 2014. Sec. (e) The landlord is entitled to a hearing on the tenant's sworn complaint for restoration of utility service. 3, eff. HOA fees are considered "debts" under the FDCPA, and homeowners are protected "consumers." Ladick v. Van Gemert, 146 F. 3d 1205 (10th Cir.1998); Thies v. The Federal Emergency Management Agency (FEMA) maintains a flood map on its Internet website that is searchable by address, at no cost, to determine if a dwelling is located in a flood hazard area. Oral notices of change are insufficient. Jan. 1, 1984. 1, eff. AGENTS FOR DELIVERY OF NOTICE. 576, Sec. Jan. 1, 1984. (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. Subchapter E - Texas Property Code Subchapter E. Disclosure of Ownership and Management Sec. (d) The writ of restoration of utility service must be served on either the landlord or the landlord's management company, on-premises manager, or rent collector in the same manner as a writ of possession in a forcible detainer suit. Added by Acts 1995, 74th Leg., ch. 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. 92.0132. Added by Acts 2009, 81st Leg., R.S., Ch. January 1, 2010. 869, Sec. 1, eff. Added by Acts 2013, 83rd Leg., R.S., Ch. 946), Sec. (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. Sec. 257 (H.B. Amended by Acts 2001, 77th Leg., ch. A landlord's failure to respond does not affect the tenant's liability for any late fee owed to the landlord. Sec. (10) "Rekey" means to change or alter a security device that is operated by a key, card, or combination so that a different key, card, or combination is necessary to operate the security device. 3, eff. 31.01(71), eff. (a) A tenant's judicial remedies under Section 92.056 shall include: (1) an order directing the landlord to take reasonable action to repair or remedy the condition; (2) an order reducing the tenant's rent, from the date of the first repair notice, in proportion to the reduced rental value resulting from the condition until the condition is repaired or remedied; (3) a judgment against the landlord for a civil penalty of one month's rent plus $500; (4) a judgment against the landlord for the amount of the tenant's actual damages; and. 92.202. Sec. (f) A tenant's guest or invitee who suffers damage because of a landlord's failure to install, inspect, or repair a smoke alarm as required by this subchapter may recover a judgment against the landlord for the damage. APPLICATION. 11, eff. TENANT'S REPAIR AND DEDUCT REMEDIES. June 19, 2009. 83), Sec. The deferred payment plan must allow the tenant to pay the outstanding electric bill in installments that extend beyond the due date of the next electric bill and must provide that the delinquent amount may be paid in equal installments over a period equal to at least three electric service billing cycles. CASH RENTAL PAYMENTS. 5, eff. (2) a servicemember, while in military service, executes the lease and after executing the lease receives military orders: (A) for a permanent change of station; or. Sec. 1, eff. Acts 1983, 68th Leg., p. 3640, ch. (3) file suit against the landlord and obtain a judgment for: (C) punitive damages if the tenant suffers actual damages and the landlord's failure to comply is intentional, malicious, or grossly negligent; Sec. 12, eff. (g) A tenant's right to terminate a lease before the end of the lease term, vacate the dwelling, and avoid liability under this section may not be waived by a tenant. Sec. Jan. 1, 1996. Unless the landlord and tenant agree otherwise under Subsection (g) of this section, repairs may not be made by the tenant, the tenant's immediate family, the tenant's employer or employees, or a company in which the tenant has an ownership interest. 576, Sec. Jan. 1, 1996. The request must be a separate document and may not be included as part of a lease agreement. 92.0563. 17.001(64), eff. 91.006), your landlord must make reasonable efforts to re-rent your unitno matter what your reason for leavingrather than charge you for the total remaining rent due under the lease. (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. 1168), Sec. January 1, 2010. January 1, 2010. Added by Acts 2007, 80th Leg., R.S., Ch. Jan. 1, 1998. Sec. Prop. DEFINITIONS. (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. September 1, 2011. (C) designed to prevent the door from being opened. 92.334 by Acts 1997, 75th Leg., ch. 92.059 and amended by Acts 1995, 74th Leg., ch. INTERRUPTION OF UTILITIES. Misuse of or damage to a security device that occurs during the tenant's occupancy is presumed to be caused by the tenant, a family member, an occupant, or a guest. (2) a tenant has notified the landlord that the tenant has used the fire extinguisher for a legitimate purpose. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Jan. 1, 1998. The fee for service of a writ of reentry is the same as that for service of a writ of possession. This subchapter applies to all residential leases. Your written termination notice must include payment of the reletting fee listed in paragraph 28 of your lease agreement. 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. Aug. 26, 1985. (b) The tenant must file with the justice court in the precinct in which the rental premises are located a sworn complaint specifying the facts of the alleged unlawful utility disconnection by the landlord or the landlord's agent. (a) A landlord may not collect from a tenant a late fee for failing to pay any portion of the tenant's rent unless: (1) notice of the fee is included in a written lease; (3) any portion of the tenant's rent has remained unpaid two full days after the date the rent was originally due. Acts 1983, 68th Leg., p. 3639, ch. (d) A landlord who fails either to return a security deposit or to provide a written description and itemization of deductions on or before the 30th day after the date the tenant surrenders possession is presumed to have acted in bad faith. 4, eff. (2) enter the payment date and amount in a record book maintained by the landlord. Aug. 28, 1995; Acts 1995, 74th Leg., ch. 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. Most leases in Texas are written for initial fixed terms, usually 12 months. (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. Redesignated from Property Code Sec. (n) If a delinquent electric bill is paid, or a deferred payment plan is entered into, during normal business hours, the landlord shall reconnect the tenant's electric service within two hours of payment or entry into the deferred payment plan. Added by Acts 1995, 74th Leg., ch. (b) At a tenant's request made before January 1, 1995, a landlord, at the tenant's expense, shall install on an exterior door of a dwelling constructed before September 1, 1993: (1) a keyless bolting device if the door does not have a keyless bolting device; and.
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