13, eff. 18, eff. January 1, 2014. A repair bill and receipt may be the same document. (c) Subsection (b) does not prohibit a guarantor from voluntarily entering into an agreement at the time of the renewal of a lease, in a separate written document, to guarantee an increased amount of rent. (3) the tenant is entitled to any defenses to payment against the insurer as against the landlord. (a) In this section, "governmental entity" means the state, an agency of the state, or a political subdivision of the state. Amended by Acts 1989, 71st Leg., ch. 5, eff. It also means a "dwelling" as defined by Section 92.001. 92.0563. Amended by Acts 1993, 73rd Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. Texas courts allow landlords to charge so-called "reletting fees," which are the landlord's costs resulting from an early lease termination. 1293), Sec. (2) "Dwelling unit" means a home, mobile home, duplex unit, apartment unit, condominium unit, or any dwelling unit in a multiunit residential structure. (b) The tenant shall notify the landlord in writing of any change in the tenant's primary residence address. Added by Acts 1993, 73rd Leg., ch. 946), Sec. 1, eff. A landlord and tenant may agree otherwise in a written lease. Acts 1983, 68th Leg., p. 3634, ch. INSPECTION OF RESIDENTIAL FIRE EXTINGUISHER. (a) A monthly tenancy or a tenancy from month to month may be terminated by the tenant or the landlord giving notice of termination to the other. 92.008(b) to (f) and amended by Acts 1995, 74th Leg., ch. (4) a smoke alarm powered by alternating current was required by lawful city ordinance at the time of initial construction of the unit. (4) a judgment against the landlord for court costs and attorney's fees. Ask Your Own Real Estate Law Question 91.006 supports reletting fees by charging an assessment. Sec. LANDLORD'S FAILURE TO DISCLOSE INFORMATION. BURDEN OF PROOF. (f) A landlord who intentionally prevents a tenant from entering the tenant's dwelling under Subsection (b)(3) must provide the tenant with a key to the changed lock on the dwelling without regard to whether the tenant pays the delinquent rent. 92.025. 869, Sec. Aug. 28, 1995; Acts 1995, 74th Leg., ch. The request must be a separate document and may not be included as part of a lease agreement. 826, Sec. (4) establishes, attempts to establish, or participates in a tenant organization. Re: Reletting Fee. Except as otherwise required by this subchapter, a landlord may select the type, brand, and manner of installation, including placement, of a security device installed under this subchapter. Through social The landlord shall have the burden of pleading and proving good faith and continued diligence for subsequent affidavits for delay. (c) A fire extinguisher that satisfies the inspection requirements of Subsection (b) at the beginning of a tenant's possession is presumed to be in good working order until the tenant requests an inspection in writing. Acts 1983, 68th Leg., p. 3650, ch. 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. PAYMENT OF CHARGES; LIMITS ON AMOUNT CHARGED. Sept. 1, 1997. 257 (H.B. 869, Sec. . NOTICE FOR TERMINATING CERTAIN TENANCIES. In addition to other remedies provided by law, if a landlord retaliates against a tenant under this subchapter, the tenant may recover from the landlord a civil penalty of one month's rent plus $500, actual damages, court costs, and reasonable attorney's fees in an action for recovery of property damages, moving costs, actual expenses, civil penalties, or declaratory or injunctive relief, less any delinquent rents or other sums for which the tenant is liable to the landlord. Most tenant insurance policies do not cover damages or loss incurred in a flood. Sec. (a) Subject to Subsections (b) and (c), a smoke alarm must be installed according to the manufacturer's recommended procedures. Tweet Twitter . Sec. 1, eff. 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. U.S.C. The term includes double-hinged patio doors. (f) The closing of a rental unit does not prohibit the occupancy of other apartments, nor does this subchapter prohibit occupancy of or utility service by master or individual meter to other rental units in an apartment complex that have not been closed under this section. REMOVAL OR ALTERATION OF SECURITY DEVICE BY TENANT. A security device that is installed, changed, or rekeyed under this subchapter becomes a fixture of the dwelling. 4, eff. A landlord and tenant may agree to the provisions of this subsection only if the agreement meets the requirements of Subdivision (4) of Subsection (e) of this section. APPLICATION OF SUBCHAPTER. 165, Sec. The fee for single family rental properties is $43 annually. (g) If a landlord arrives at the dwelling in a timely manner in response to a tenant's telephone call to the number contained in the notice as described by Subsection (c)(1) and the tenant is not present to receive the key to the changed lock, the landlord shall leave a notice on the front door of the dwelling stating the time the landlord arrived with the key and the street address to which the tenant may go to obtain the key during the landlord's normal office hours. Jan. 1, 1996. 576, Sec. 5, eff. 588 (S.B. September 1, 2013. 92.1641. 869, Sec. 869, Sec. Sec. (2) the landlord is required to repair or replace the fire extinguisher within a reasonable time if the tenant pays in advance the reasonable repair or replacement cost, including labor, materials, taxes, and overhead. 1198 (S.B. (b) A landlord or a landlord's manager or agent may not charge or seek reimbursement from the landlord's tenant for the amount of a fine imposed on the landlord by a governmental entity unless the tenant or another occupant of the tenant's dwelling actually caused the damage or other condition on which the fine is based. APPLICATION OF OTHER LAW; MUNICIPAL REGULATION. Texas Property Code as it applies to landlord and tenant arrangements. Sec. January 1, 2008. 917 (H.B. LANDLORD LIABILITY TO TENANT FOR UTILITY CUTOFF. 8, eff. (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. (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. 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. 1439, Sec. (a) This section applies only to a tenant in a multiunit complex, as that term is defined by Section 92.151. 2, eff. (a) If a landlord has interrupted utility service in violation of Section 92.008, the tenant may obtain relief as provided by this section. Sec. 92.107. Added by Acts 2005, 79th Leg., Ch. 475, Sec. Sec. (d) This section does not release a guarantor from the obligations of the guarantor under the terms of the original lease or a valid renewal for costs and damages owed to the lessor that arise after the date specified by the guarantor in the original lease in accordance with Subsection (b), if the costs or damages relate to actions of the tenant before that date or arise as a result of the tenant refusing to vacate the leased premises. 399), 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 Acts 1983, 68th Leg., p. 3638, ch. (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. Acts 1983, 68th Leg., p. 3647, ch. (6) unilateral termination of the lease without a court proceeding if the landlord violates Section 92.259(a)(2). Otherwise, this subchapter does not affect any other right of a landlord or tenant under contract, statutory law, or common law that is consistent with the purposes of this subchapter or any right a landlord or tenant may have to bring an action for personal injury or property damage under the law of this state. 3101), Sec. September 1, 2011. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING CERTAIN DECISIONS RELATED TO MILITARY SERVICE. 1772), Sec. 918, Sec. (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. 918, Sec. If a landlord spends the equivalent of the reletting fee to re-rent the apartment, then that is a legitimate charge. The fee for service of a writ of restoration of utility service is the same as that for service of a writ of possession. CESSATION OF OWNER'S INTEREST. (f) An appeal of a judgment of a justice court under this section takes precedence in county court and may be held at any time after the eighth day after the date the transcript is filed in the county court. (a) This subchapter does not apply to: (1) a dwelling unit that is occupied by its owner, no part of which is leased to a tenant; (2) a dwelling unit in a building five or more stories in height in which smoke alarms are required or regulated by local ordinance; or. 5, eff. 1112, Sec. Texas law allows landlords to charge tenants for costs related to filling a vacancy left when a tenant terminates a lease without just cause. 650, Sec. (B) 48 inches from the floor, if installed on or after September 1, 1993. 1, eff. 17.01(44), eff. Added by Acts 1989, 71st Leg., ch. (b) After a tenant receives the notice and moves out: (1) the local health officer or building inspector may not allow occupancy of or utility service by separate meter to the rental unit until the officer certifies that he knows of no condition that materially affects the physical health or safety of an ordinary tenant; and. January 1, 2021. (f) For the purposes of this section, an owner or property manager may disclose either an actual name or names or an assumed name if an assumed name certificate has been recorded with the county clerk. Sec. REMEDIES. However, if the tenant's rent is subsidized in whole or in part by a governmental agency, the deduction limitation of one month's rent shall mean the fair market rent for the dwelling and not the rent that the tenant pays. 683, Sec. 91 (S.B. teriyaki chicken donburi wagamama . (a) Upon written request of a landlord, the landlord's tenant shall: (1) provide the landlord with the name, address, and telephone number of a person to contact in the event of the tenant's death; and. LANDLORD'S DEFENSES. 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. 1488), Sec. Sec. January 1, 2008. (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). (C) refund the tenant's security deposit, less lawful deductions, to the person designated under Subdivision (1). 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. Added by Acts 2019, 86th Leg., R.S., Ch. Sec. 92.157. (g) A smoke alarm that is in good working order at the beginning of a tenant's possession is presumed to be in good working order until the tenant requests repair of the smoke alarm as provided by this subchapter. Jan. 1, 1996. Written Notice: The clause will specify how much written notice the tenant must give the landlord to end a lease early. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Sec. Sec. 1, Sept. 1, 1995. 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. (4) the landlord, at the same time the service is interrupted, hand delivers or places on the tenant's front door a written notice that: (A) prominently displays the words "electricity termination notice" or similar language underlined or in bold; and. 92.204. 3, eff. 48, Sec. Sec. Acts 1983, 68th Leg., p. 3632, ch. 92.154. However, this subchapter does not prohibit the adoption of a local ordinance that conforms to this subchapter but which contains additional enforcement provisions. from Statutes.Capitol.Texas.gov website.85 % of read more (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. Added by Acts 1993, 73rd Leg., ch. (3) "Smoke alarm" means a device designed to detect and to alert occupants of a dwelling unit to the visible and invisible products of combustion by means of an audible alarm. (c) Disclosure of information to a tenant may be made under Subdivision (1) or (2) of Subsection (b) before the tenant requests the information. (a) The landlord shall repair or replace a fire extinguisher at the landlord's expense if: (1) on inspection, the fire extinguisher is found: (B) not to have the correct pressure indicated on the gauge or pressure indicator as recommended by the manufacturer of the fire extinguisher; or. (2) within a reasonable time after receiving a written request by a tenant. 1, eff. January 1, 2010. A landlord's duty to install a smoke alarm under Subchapter F may not be waived, nor may a tenant waive a remedy for the landlord's noninstallation or waive the tenant's limited right of installation and removal. REMEDIES. (D) the agreement is made knowingly, voluntarily, and for consideration. January 1, 2010. (c) Repealed by Acts 2009, 81st Leg., R.S., 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. (13) "Sliding door pin lock" means a lock on a sliding glass door that consists of a pin or nail inserted from the interior side of the door at the side opposite the door's handle and that is designed to prevent the door from being opened or lifted. 1, eff. January 1, 2008. 92.061. Prop. (a) The landlord shall inspect and repair a smoke alarm according to this section. 1, eff. . 2, eff. If neither box is checked, you should assume the dwelling is in a 100-year floodplain. (b) A keyed dead bolt or a keyless bolting device described in Section 92.151(6)(A) or (B) in a dwelling must: (1) have a strike plate screwed into the portion of the doorjamb surface that faces the edge of the door when the door is closed; or. 1, eff. Sec. 5, eff. 576, Sec. (2) the person against whom the action is filed knew or should have known of the conviction or adjudication. 357, Sec. AGENTS FOR DELIVERY OF NOTICE. Added by Acts 1999, 76th Leg., ch. Most leases in Texas are written for initial fixed terms, usually 12 months. 92.156. (d) The acknowledgment may be part of the rental application if the notice is underlined or in bold print. (k) The fee for filing a sworn complaint for restoration of utility service is the same as that for filing a civil action in justice court. 48, Sec. Paying out-of-pocket - Lease agreements often include penalties and fees for breaking a lease. POSSESSION OF FIREARMS OR FIREARM AMMUNITION ON LEASED PREMISES. 937, Sec. 225 (S.B. (h) If a writ of possession is issued, it supersedes a writ of reentry. Sept. 1, 1999. Sec. 8, eff. (a) A party who prevails in a suit brought under this subchapter or Subchapter B, E, or F may recover the party's costs of court and reasonable attorney's fees in relation to work reasonably expended. 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. Sec. 869, Sec. (3) by e-mail if the parties have communicated by e-mail regarding the lease. Sec. Jan. 1, 1996. 3) You must continue paying rent each month on the first, until a replacement tenant is found and starts paying rent for you. (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. Court costs may be waived only if the tenant executes a pauper's affidavit. We will always provide free access to the current law. The device must be: (A) a clear glass pane or one-way mirror; or. 92.159. The tenant shall have the burden of pleading and proving a knowing violation. $3 fee for the first page and $2 for each succeeding page (Texas Local Government Code, Section 118.011). Acts 2015, 84th Leg., R.S., Ch. (d) This section does not affect the obligations or liability of the tenant or the tenant's estate under the lease before the lease is terminated under this section, including the liability of the tenant or the tenant's estate for: (2) damages to the leased premises not caused by normal wear and tear. (d) A landlord of a tenant who is liable under Subsection (a) may obtain or exercise one or more of the remedies in Subsection (e) if: (1) a lease between the landlord and tenant contains a notice, in underlined or boldfaced print, which states in substance that the tenant must not disconnect or intentionally damage a smoke alarm or remove the battery without immediately replacing it with a working battery and that the tenant may be subject to damages, civil penalties, and attorney's fees under Section 92.2611 of the Property Code for not complying with the notice; and. The reletting fee is typically 150% of one month's rent. Amended by Acts 1995, 74th Leg., ch. (C) by a metal bar or metal tube that is placed across the entire interior side of the door and secured in place at each end of the bar or tube by heavy-duty metal screw hooks. (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. (b) A landlord is liable to a tenant as provided by this subchapter if: (1) the tenant has given the landlord notice to repair or remedy a condition by giving that notice to the person to whom or to the place where the tenant's rent is normally paid; (2) the condition materially affects the physical health or safety of an ordinary tenant; (3) the tenant has given the landlord a subsequent written notice to repair or remedy the condition after a reasonable time to repair or remedy the condition following the notice given under Subdivision (1) or the tenant has given the notice under Subdivision (1) by sending that notice by certified mail, return receipt requested, by registered mail, or by another form of mail that allows tracking of delivery from the United States Postal Service or a private delivery service; (4) the landlord has had a reasonable time to repair or remedy the condition after the landlord received the tenant's notice under Subdivision (1) and, if applicable, the tenant's subsequent notice under Subdivision (3); (5) the landlord has not made a diligent effort to repair or remedy the condition after the landlord received the tenant's notice under Subdivision (1) and, if applicable, the tenant's notice under Subdivision (3); and. Acts 2005, 79th Leg., Ch. (c-1) If the tenant is a victim or a parent or guardian of a victim of stalking under Section 42.072, Penal Code, that takes place during the preceding six-month period on the premises or at any dwelling on the premises, the tenant shall provide to the landlord or the landlord's agent a copy of: (1) documentation of a protective order issued under Subchapter A or B, Chapter 7B, Code of Criminal Procedure, except for a temporary ex parte order; or. 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%). (2) actual expenses incurred by the landlord in securing the replacement, including a reasonable amount for the time of the landlord in securing the replacement tenant. (2) impose monetary or other penalties on a tenant who summons police or emergency assistance if the assistance was requested or dispatched based on the tenant's reasonable belief that an individual was in need of intervention or emergency assistance. for non-profit, educational, and government users. (a) A landlord shall make a diligent effort to repair or remedy a condition if: (1) the tenant specifies the condition in a notice to the person to whom or to the place where rent is normally paid; (2) the tenant is not delinquent in the payment of rent at the time notice is given; and, (A) materially affects the physical health or safety of an ordinary tenant; or. Acts 2015, 84th Leg., R.S., Ch. 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. Texas Property Code Ann. Aug. 28, 1989. CONDITIONS FOR RETENTION OF SECURITY DEPOSIT OR RENT PREPAYMENT. Amended by Acts 1993, 73rd Leg., ch. (h) Repairs made pursuant to the tenant's notice must be made in compliance with applicable building codes, including a building permit when required. 882), Sec. (b) A tenant who violates this section is presumed to have acted in bad faith. handbook can be located in sections 24, 54, 91 and 92 of the Texas Property Code, which is available in your local law library and online at www.statutes.legis.state.tx.us. 92.104. Acts 2013, 83rd Leg., R.S., Ch. (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. WAIVER. There is no limit on the amount of the reletting fee, but if it is not reasonable it might be .