(l) A deferred payment plan for the purposes of this section must be in writing. But depending on the contract that you have signed, you might have to pay some additional fees or some charges for ending your lease early. January 1, 2006. Sept. 1, 1995. (b) Notice under this section must be in writing and may be given in person, by mail, or by delivery to the premises. Added by Acts 1995, 74th Leg., ch. (4) have the condition repaired or remedied if the condition is not covered by Paragraph (A), (B), or (C) of Subdivision (3) of Subsection (d) of this section and involves a condition affecting the physical health or safety of the ordinary tenant as referred to in Paragraph (D) of Subdivision (3) of Subsection (d) of this section and if the landlord has failed to repair or remedy the condition within seven days after delivery of the tenant's notice of intent to repair. 2, eff. The notice must be given at the time of the reduced rent payment. A managing agent or an agent to whom rent is regularly paid, whether residing or maintaining an office on-site or off-site, is the agent of the landlord for purposes of notice and other communications required or permitted by this subchapter. (b) At the time a landlord offers to a tenant the option of paying a fee in lieu of a security deposit, the landlord shall notify the tenant in writing: (1) that the tenant has the option to instead pay a security deposit; (2) that the tenant has the option to terminate the agreement to pay the fee in lieu of a security deposit at any time and stop paying the fee, and instead, to pay a security deposit in the amount that is otherwise offered to new tenants for substantially similar housing on the date the tenant chooses to pay the security deposit; and. U.S.C. 5, eff. Section 511. (2) the tenant and the tenant's dependent move, wholly or partly, because of a significant financial loss of income caused by the tenant's military service. January 1, 2010. 1, eff. 48, Sec. Sec. (i) Except as provided by Subsection (j), 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. However . (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. 1783), Sec. 1051 (H.B. The term does not include occupancy before the initial occupancy date authorized under a lease. AGENTS FOR DELIVERY OF NOTICE. 576, Sec. (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. 10, eff. 92.259. (i) The tenant shall not have authority to contract for labor or materials in excess of what the tenant may deduct under this section. Sept. 1, 1999. 4, eff. 1, eff. (4) a judgment against the tenant for reasonable attorney's fees. (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. (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. 475 (S.B. 348 (S.B. LANDLORD'S DUTY TO REPAIR OR REPLACE SECURITY DEVICE. (4) establishes, attempts to establish, or participates in a tenant organization. (a) A managing or leasing agent, whether residing or maintaining an office on-site or off-site, is the agent of the landlord for purposes of: (1) notice and other communications required or permitted by this subchapter; (2) notice and other communications from a governmental body relating to a violation of health, sanitation, safety, or nuisance laws on the landlord's property where the dwelling is located, including notices of: (D) reimbursement of costs incurred by the governmental body in curing the violation; (b) If the landlord's name and business street address in this state have not been furnished in writing to the tenant or government official or employee, the person who collects the rent from a tenant is the landlord's authorized agent for purposes of Subsection (a). Acts 1983, 68th Leg., p. 3641, ch. A landlord and tenant may agree otherwise in a written lease. 2404), Sec. Jan. 1, 1984. 91.002 and amended by Acts 1989, 71st Leg., ch. 1168), Sec. 869, Sec. (a) Except as provided by this section, the tenant has the burden of proof in a judicial action to enforce a right resulting from the landlord's failure to repair or remedy a condition under Section 92.052. If the person disobeyed the writ before receiving the show cause order but has complied with the writ after receiving the order, the justice may find the person in contempt and assess punishment under Section 21.002(c), Government Code. Aug. 28, 1989. 92.261. 92.024. Sec. If a rental premises is, as a practical matter, totally unusable for residential purposes as a result of a natural disaster such as a hurricane, tornado, flood, extended freeze, or widespread windstorm, a landlord that allows a tenant to move to another rental unit owned by the landlord may not require the tenant to execute a lease for a term longer than the term remaining on the tenant's lease on the date the premises was rendered unusable as a result of the natural disaster. The reletting . 1, eff. 588 (S.B. 92.023. 92.162. 9, eff. Aug. 26, 1985. 593 (S.B. 1, eff. POSSESSION OF FIREARMS OR FIREARM AMMUNITION ON LEASED PREMISES. 92.153. Sec. 3101), Sec. increasing citizen access. (3) tested and listed for use as a smoke alarm by Underwriters Laboratories, Inc., Factory Mutual Research Corporation, or United States Testing Company, Inc. (a-1) If requested by a tenant as an accommodation for a person with a hearing-impairment disability or as required by law as a reasonable accommodation for a person with a hearing-impairment disability, a smoke alarm must, in addition to complying with Subsection (a), be capable of alerting a hearing-impaired person in the bedrooms it serves. 48, Sec. texas property code reletting fee. (j) A landlord may not submit a claim for damages or unpaid rent to an insurer for insurance described by Subsection (e) unless the landlord notifies the tenant of the damages or unpaid rent indebtedness not later than the 30th day after the date the tenant surrendered possession of the dwelling. If you turn in keys voluntarily you're technically moving out, forcing the landlord to put the unit back on the market, thus breaking the agreement. (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. Acts 1983, 68th Leg., p. 3653, ch. (b) Except as provided in Subsection (c), a landlord of a tenant who is liable under Subsection (a) may obtain a judgment against the tenant for damages suffered by the landlord because the tenant removed a battery from a smoke alarm without immediately replacing it with a working battery or knowingly disconnected or intentionally damaged the smoke alarm, causing it to malfunction. (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. Most tenant insurance policies do not cover damages or loss incurred in a flood. Charging a reletting (early termination) fee by Anonymous (Texas) on May 13, 2014 @14:19 Share | Is it legal (or common practice) to charge a reletting fee if: a) the tenant gave a few months' notice and b) the new tenant moved in the same day the previous tenant moved out and c) the new tenant was found with no financial cost to the landlord? (l) The fee for filing a sworn complaint for reentry is the same as that for filing a civil action in justice court. (2) be installed in a door with a metal doorjamb that serves as the strike plate. Jan. 1, 1984. 13, eff. Aug. 26, 1985. Added by Acts 2013, 83rd Leg., R.S., Ch. Amended by Acts 1995, 74th Leg., ch. Acts 1983, 68th Leg., p. 3638, ch. Repairs may not be made to the foundation or load-bearing structural elements of the building if it contains two or more dwelling units. A landlord shall provide to the tenant in a multiunit complex, as that term is defined by Section 92.151, a copy of any applicable vehicle towing or parking rules or policies of the landlord and any changes to those rules or policies as provided by Section 92.0131. Amended by Acts 1993, 73rd Leg., ch. 576, Sec. 91.002 by Acts 1987, 70th Leg., ch. Sept. 1, 1987. 92.203. January 1, 2021. 92.151. A tenant may make an unlimited number of requests under this subsection. 869, Sec. 3, eff. January 1, 2006. (d) The requirements of this section do not apply to a keyed dead bolt or a keyless bolting device in one door of a pair of French doors that is installed in accordance with the requirements of Section 92.153(b)(1) or (2). (b) A landlord shall perform additional rekeying or change a security device at the tenant's expense if requested by the tenant. APPLICATION. A managing agent, leasing agent, or resident manager is the agent of the landlord for purposes of notice and other communications required or permitted by this subchapter. September 1, 2017. (e) The owner of a dwelling shall reimburse a management company, managing agent, or on-site manager for costs expended by that person in complying with this subchapter. (2) knows or has reason to know that the requirements of the subsection granting the exemption are not fulfilled. Your written termination notice must include payment of the reletting fee listed in paragraph 28 of your lease agreement. HEIGHT, STRIKE PLATE, AND THROW REQUIREMENTS--KEYED DEAD BOLT OR KEYLESS BOLTING DEVICE. (a) The landlord is not liable for retaliation under this subchapter if the landlord proves that the action was not made for purposes of retaliation, nor is the landlord liable, unless the action violates a prior court order under Section 92.0563, for: (1) increasing rent under an escalation clause in a written lease for utilities, taxes, or insurance; or. 92.101. 1205, Sec. 3, eff. (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. Sec. Acts 2015, 84th Leg., R.S., Ch. (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. Acts 1983, 68th Leg., p. 3632, ch. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. (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. Redesignated from Property Code Sec. The landlord may charge an initial fee and a daily fee for each day the rent is late. (h) If a landlord violates this section, the tenant may: (2) recover from the landlord a civil penalty of one month's rent plus $1,000, actual damages, court costs, and reasonable attorney's fees in an action to recover property damages, actual expenses, or civil penalties, less any delinquent rent or other sums for which the tenant is liable to the landlord. 4, eff. Re-letting the property voids the original lease, and releases the original tenant from any continuing obligations. 7, eff. A party who prevails in a suit under this subsection may recover court costs and reasonable attorney's fees from the other party. Renumbered from Property Code, Section 92.016 by Acts 2007, 80th Leg., R.S., Ch. 744, Sec. 9, eff. 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. 1120), Sec. (2) in the case of a lease other than a lease described by Subdivision (1), on the last day of the month following the month in which the notice under Subsection (c)(1) is delivered. 1, eff. The tenant has the burden of proving that the misuse or damage was caused by another party. 1420, Sec. 48, Sec. A waiver under this section must be signed and in writing in a document separate from the lease and must comply with federal law. January 1, 2006. texas property code reletting fee. Oral notices of change are insufficient. Sept. 1, 1993. 6, eff. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING CERTAIN DECISIONS RELATED TO MILITARY SERVICE. (e) Repealed by Acts 2009, 81st Leg., R.S., Ch. 917 (H.B. (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. (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. Amended by Acts 1993, 73rd Leg., ch. This is because under Texas law (Tex. Sept. 1, 1989. (B) a peephole having a barrel with a one-way lens of glass or other substance providing an angle view of not less than 160 degrees. 4, eff. 650, Sec. Sept. 1, 1993. Sept. 1, 1993. APPLICATION OF SUBCHAPTER. 918, Sec. Acts 1983, 68th Leg., p. 3639, ch. (b) A governmental body whose official or employee has requested information from a landlord who is liable under Section 92.202 or 92.204 may obtain or exercise one or more of the following remedies: (2) a judgment against the landlord for an amount equal to the governmental body's actual costs in discovering the information required to be disclosed by this subchapter; (3) a judgment against the landlord for $500; and. 3167), Sec. 3, eff. Jan. 1, 1984. Sept. 1, 1995. interviewer says fair enough. Amended by Acts 1995, 74th Leg., ch. 869, Sec. Aug. 31, 1987. Amended by Acts 1995, 74th Leg., ch. (a) Except as provided by Section 92.107, the landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises. 4, 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 Renumbered from Sec. (c) Notwithstanding Subsection (b), a landlord is not required to disclose on the notice that the landlord is aware that a dwelling is located in a 100-year floodplain if the elevation of the dwelling is raised above the 100-year floodplain flood levels in accordance with federal regulations. Jan. 1, 1996. (a) In this section, "governmental entity" means the state, an agency of the state, or a political subdivision of the state. Acts 2007, 80th Leg., R.S., Ch. September 1, 2013. Acts 1983, 68th Leg., p. 3632, ch. WAIVER. 4, 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 1983, 68th Leg., p. 3640, ch. (e) A justice court may not award a judgment under this section, including an order of repair, that exceeds $10,000, excluding interest and costs of court. 869, Sec. 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. (15) "Tenant turnover date" means the date a tenant moves into a dwelling under a lease after all previous occupants have moved out. Written Notice: The clause will specify how much written notice the tenant must give the landlord to end a lease early. (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. (e) The landlord is entitled to a hearing on the tenant's sworn complaint for restoration of utility service. (f) A tenant who terminates a lease under Subsection (b) is released from all liability for any delinquent, unpaid rent owed to the landlord by the tenant on the effective date of the lease termination if the lease does not contain language substantially equivalent to the following: "Tenants may have special statutory rights to terminate the lease early in certain situations involving family violence or a military deployment or transfer.". (b) Disclosure to a tenant under Subsection (a) must be made by: (1) giving the information in writing to the tenant on or before the seventh day after the day the landlord receives the tenant's request for the information; (2) continuously posting the information in a conspicuous place in the dwelling or the office of the on-site manager or on the outside of the entry door to the office of the on-site manager on or before the seventh day after the date the landlord receives the tenant's request for the information; or. 629 (S.B. Minimum notice for a tenant to request an early termination of lease (typically 30-60 days) Notice must be written and signed by all tenants involved in the termination. The fee for service of a show cause order is the same as that for service of a civil citation. The nonprevailing party in a suit under this section is liable to the prevailing party for reasonable attorney's fees and court costs. (6) the tenant was not delinquent in the payment of rent at the time any notice required by this subsection was given. (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. 3, eff. A landlord who has provided information under Subdivision (2) or (3) of Subsection (b) of Section 92.201 is liable to a tenant according to this subchapter if: (1) the information becomes incorrect because a name or address changes; and. You signed a contract for a year so you are responsible for rent for the entire year. Sec. (a) In this section, "occupant" has the meaning assigned by Section 92.016. Sec. 48, Sec. 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.". 3, eff. 917 (H.B. (b) A provision in a lease is void if the provision purports to: (1) waive a tenant's right to summon police or other emergency assistance based on the tenant's reasonable belief that an individual is in need of intervention or emergency assistance; or. January 1, 2008. Acts 1983, 68th Leg., p. 3647, ch. Jan. 1, 1996. You should seek insurance coverage that would cover losses caused by a flood.". (e) This section does not apply if notice is actually hand delivered to and received by a person occupying the leased premises. (a) A landlord may not require a tenant to pay for repair or replacement of a security device due to normal wear and tear. 92.331. $3 fee for the first page and $2 for each succeeding page (Texas Local Government Code, Section 118.011). 576, Sec. Over 58 years of experience Guaranteed prices - the price we quote is the price you pay! Sec. (k) If a tenant in bad faith files a sworn complaint for reentry resulting in a writ of reentry being served on the landlord or landlord's agent, the landlord may in a separate cause of action recover from the tenant an amount equal to actual damages, one month's rent or $500, whichever is greater, reasonable attorney's fees, and costs of court, less any sums for which the landlord is liable to the tenant. (d) For purposes of this section, if a tenant's rent is subsidized in whole or in part by a governmental entity, "one month's rent" means one month's fair market rent. Sept. 1, 1999. 576, Sec. Acts 2011, 82nd Leg., R.S., Ch. The landlord has the burden of proving that the tenant received a copy of the rule or policy change. (6) "Required date" means the required date for any acceptance of the applicant under Section 92.352. (b) If after a casualty loss the rental premises are as a practical matter totally unusable for residential purposes and if the casualty loss is not caused by the negligence or fault of the tenant, a member of the tenant's family, or a guest or invitee of the tenant, either the landlord or the tenant may terminate the lease by giving written notice to the other any time before repairs are completed. 1, eff. Acts 1983, 68th Leg., p. 3652, ch. 92.018. 4, eff. (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. In an eviction suit, retaliation by the landlord under Section 92.331 is a defense and a rent deduction lawfully made by the tenant under this chapter is a defense for nonpayment of the rent to the extent allowed by this chapter. Check your specific lease agreement or renewal for your amount. Sept. 1, 1993. The term does not include dates of entry or occupation not authorized by the landlord. 0 attorneys agreed. 869, Sec. 629 (S.B. (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. (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. My daughter left her off-campus housing in March due to "Shelter in place" and we've been paying rent fo. 687, Sec. (a) A landlord has a duty to mitigate damages if a tenant abandons the leased premises in violation of the lease. Added by Acts 2005, 79th Leg., Ch. 9, eff. Landlord's Responsibility to Re-rent in Texas According to Tex. 92.104. (e) 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. A landlord may not require a tenant to pay for other repairs or replacements of a security device except as provided by Subsections (b), (c), and (d). (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. Sept. 1, 1997. 869, Sec. (a) Except as provided by Subsection (b), the maximum number of adults that a landlord may allow to occupy a dwelling is three times the number of bedrooms in the dwelling. 2, eff. 942, Sec. 1344 (S.B. (3) damage from windows or doors left open. 2, eff. Amended by Acts 1989, 71st Leg., ch. 4173), Sec. Renumbered from Sec. 21.001(97), eff. 92.1041. STATEMENT OF LATE FEES. Acts 1983, 68th Leg., p. 3637, ch. 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. 225 (S.B. 1186), Sec. INVALID COMPLAINTS. Jan. 1, 1984. SUBCHAPTER E. DISCLOSURE OF OWNERSHIP AND MANAGEMENT. TENANT'S JUDICIAL REMEDIES. January 1, 2016. (5) court costs and attorney's fees, excluding any attorney's fees for a cause of action for damages relating to a personal injury. (3) move out at our demand because of your default; or. 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. (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. 257 (H.B. 1268 (H.B. (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. 1, eff. (l) If an insurer compensates a landlord for a tenant's damages or unpaid rent under a valid claim: (1) the landlord may not seek or collect reimbursement from the tenant of the amounts that the insurer paid to the landlord; (2) the insurer that has paid a landlord after receipt of a claim filed by a landlord, if allowed by a subrogation clause in the insurance described by Subsection (e) and before the first anniversary of the termination of the tenant's occupancy, may seek reimbursement from the tenant of only the amounts paid to the landlord; and. Jan. 1, 1984. (a) A tenant of a landlord who is liable under Section 92.202, 92.203, or 92.204 may obtain or exercise one or more of the following remedies: (1) a court order directing the landlord to make a disclosure required by this subchapter; (2) a judgment against the landlord for an amount equal to the tenant's actual costs in discovering the information required to be disclosed by this subchapter; (3) a judgment against the landlord for one month's rent plus $100; (4) a judgment against the landlord for court costs and attorney's fees; and.
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