Official Prize Communication Letter, Articles T

(k) If the tenant challenges the claim for damages or unpaid rent and that challenge results in a determination by the landlord or by a court that the notice of indebtedness is incorrect, the indebtedness is void and the landlord may not file an insurance claim for insurance purchased under Subsection (e) in the amount of the voided indebtedness. (b) If the landlord secures the replacement tenant, the landlord may retain and deduct from the security deposit or rent prepayment either: (1) a sum agreed to in the lease as a lease cancellation fee; or. TENANT'S REMEDIES REGARDING REVOCATION OF CERTIFICATE OF OCCUPANCY. The landlord has a defense to liability under Section 92.259 if: (1) on the date the tenant gives the notice required by Section 92.259 the tenant has not paid all rent due from the tenant; or. Acts 1983, 68th Leg., p. 3650, ch. (c) If after a casualty loss the rental premises are partially 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, the tenant is entitled to reduction in the rent in an amount proportionate to the extent the premises are unusable because of the casualty, but only on judgment of a county or district court. 13, eff. Added by Acts 1995, 74th Leg., ch. Added by Acts 2007, 80th Leg., R.S., Ch. 469 (H.B. 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. 92.009. (2) the landlord may not allow reoccupancy or reconnection of utilities by separate meter within six months after the date the tenant moves out. My daughter left her off-campus housing in March due to "Shelter in place" and we've been paying rent fo. (7) recover court costs and attorney's fees, excluding any attorney's fees for a cause of action for damages relating to a personal injury. 15 (S.B. (6) unilateral termination of the lease without a court proceeding if the landlord violates Section 92.259(a)(2). September 1, 2021. (2) the landlord does not install, inspect, or repair the smoke alarm on or before the seventh day after the date the tenant gives the landlord written notice that the tenant may exercise his remedies under this subchapter if the landlord does not comply with the request within seven days. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. (a) In this section: (1) "100-year floodplain" means any area of land designated as a flood hazard area with a one percent or greater chance of flooding each year by the Federal Emergency Management Agency under the National Flood Insurance Act of 1968 (42 U.S.C. 257 (H.B. 601 (H.B. The re-let fee does not include any cleaning or repair fees you are charged. 869, Sec. Acts 2017, 85th Leg., R.S., Ch. If you move out before your lease is up, your landlord may subtract a reletting fee from your security deposit. June 17, 2005, except Subsec. (a) The applicant is deemed rejected by the landlord if the landlord does not give notice of acceptance of the applicant on or before the seventh day after the: (1) date the applicant submits a completed rental application to the landlord on an application form furnished by the landlord; or. Added by Acts 2007, 80th Leg., R.S., Ch. (b) This section does not preclude a cause of action for negligence in leasing of a dwelling by a landlord or a landlord's manager or agent to a tenant, if: (A) was convicted of an offense listed in Article 42A.054, Code of Criminal Procedure; or, (B) has a reportable conviction or adjudication, as defined by Article 62.001, Code of Criminal Procedure; and. Acts 2005, 79th Leg., Ch. (2) if an adult whose occupancy causes a violation of Subsection (a) is seeking temporary sanctuary from family violence, as defined by Section 71.004, Family Code, for a period that does not exceed one month. Acts 2013, 83rd Leg., R.S., Ch. 4, eff. (e) This section relates only to a fee, charge, or other sum of money required to be paid under the lease if rent is not paid as provided by Subsection (a)(3), and does not affect the landlord's right to terminate the lease or take other action permitted by the lease or other law. 92.016. Sec. 92.101. (2) the landlord does not give the information to the tenant or government official or employee before the eighth day after the date the tenant, official, or employee gives the landlord written notice that the tenant, official, or employee may exercise remedies under this subchapter if the landlord does not comply with the request by the tenant, official, or employee for the information within seven days. (4) "Normal wear and tear" means deterioration that results from the intended use of a dwelling, including, for the purposes of Subchapters B and D, breakage or malfunction due to age or deteriorated condition, but the term does not include deterioration that results from negligence, carelessness, accident, or abuse of the premises, equipment, or chattels by the tenant, by a member of the tenant's household, or by a guest or invitee of the tenant. Sec. Sept. 1, 2001. Check your specific lease agreement or renewal for your amount. (2) the landlord secures a replacement tenant satisfactory to the landlord and the replacement tenant occupies the dwelling on or before the commencement date of the lease. 9, eff. Sec. Sec. 7, eff. PRESUMPTION OF REFUND OR ACCOUNTING. 9, eff. (a) A landlord has a duty to mitigate damages if a tenant abandons the leased premises in violation of the lease. January 1, 2014. 92.002. 189 (S.B. 1, eff. (d) A landlord to whom Subsection (a) does not apply must provide to a tenant a telephone number for the purpose of reporting emergencies described by that subsection. AGENTS FOR DELIVERY OF NOTICE. 2, eff. January 1, 2008. (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. 5, eff. (b) If written notice of the name and business street address of the company that manages the dwelling has been given to the tenant, the management company is the owner's sole agent for service of process. Sec. Amended by Acts 1989, 71st Leg., ch. TENANT'S REPAIR AND DEDUCT REMEDIES. 899 (H.B. 348 (S.B. (c) A keyed dead bolt or keyless dead bolt, as described by Section 92.151(6)(A), installed in a dwelling on or after September 1, 1993, must have a bolt with a throw of not less than one inch. LANDLORD 'S DEFENSE. 1, eff. January 1, 2014. The duties of a landlord and the remedies of a tenant under this subchapter are in lieu of common law, other statutory law, and local ordinances relating to a residential landlord's duty to install, change, rekey, repair, or replace security devices and a tenant's remedies for the landlord's failure to install, change, rekey, repair, or replace security devices, except that a municipal ordinance adopted before January 1, 1993, may require installation of security devices at the landlord's expense by an earlier date than a date required by this subchapter. Sept. 1, 1995. January 1, 2016. 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. (h) Subject to Subsections (i), (j), (k), (m), and (o), a landlord who submeters electricity or allocates or prorates nonsubmetered master metered electricity may interrupt or cause the interruption of electric service for nonpayment by the tenant of an electric bill issued to the tenant if: (1) the landlord's right to interrupt electric service is provided by a written lease entered into by the tenant; (2) the tenant's electric bill is not paid on or before the 12th day after the date the electric bill is issued; (3) advance written notice of the proposed interruption is delivered to the tenant by mail or hand delivery separately from any other written content that: (A) prominently displays the words "electricity termination notice" or similar language underlined or in bold; (i) the date on which the electric service will be interrupted; (ii) a location where the tenant may go during the landlord's normal business hours to make arrangements to pay the bill to avoid interruption of electric service; (iii) the amount that must be paid to avoid interruption of electric service; (iv) a statement providing that when the tenant makes a payment to avoid interruption of electric service, the landlord may not apply that payment to rent or other amounts owed under the lease; (v) a statement providing that the landlord may not evict a tenant for failure to pay an electric bill when the landlord has interrupted the tenant's electric service unless the tenant fails to pay for the electric service after the electric service has been interrupted for at least two days, not including weekends or state or federal holidays; and, (vi) a description of the tenant's rights under Subsection (j) to avoid interruption of electric service if the interruption will cause a person residing in the tenant's dwelling to become seriously ill or more seriously ill; and, (C) is delivered not earlier than the first day after the bill is past due or later than the fifth day before the interruption date stated in the notice; and. January 1, 2014. 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. (e) The landlord is entitled to a hearing on the tenant's sworn complaint for reentry. Jan. 1, 1984. Amended by Acts 1985, 69th Leg., ch. (5) "Landlord" means a prospective landlord to whom a person makes application for rental of a dwelling. Sept. 1, 1995. Sec. There is no limit on the amount of the reletting fee, but if it is not reasonable it might be . Amended by Acts 1987, 70th Leg., ch. (b) An eviction or lease termination based on the following circumstances, which are valid grounds for eviction or lease termination in any event, does not constitute retaliation: (1) the tenant is delinquent in rent when the landlord gives notice to vacate or files an eviction action; (2) the tenant, a member of the tenant's family, or a guest or invitee of the tenant intentionally damages property on the premises or by word or conduct threatens the personal safety of the landlord, the landlord's employees, or another tenant; (3) the tenant has materially breached the lease, other than by holding over, by an action such as violating written lease provisions prohibiting serious misconduct or criminal acts, except as provided by this section; (4) the tenant holds over after giving notice of termination or intent to vacate; (5) the tenant holds over after the landlord gives notice of termination at the end of the rental term and the tenant does not take action under Section 92.331 until after the landlord gives notice of termination; or. (Please fully complete and return to us the Texas Realtors Notice of Tenant's Intent To Vacate Form) 2.) 92.052. Jan. 1, 1984. A landlord who violates this section shall be liable to the tenant for all judicial remedies under Section 92.0563 except that the civil penalty under Subdivision (3) of Subsection (a) of Section 92.0563 shall be one month's rent plus $1,000. 1303), Sec. 918, Sec. 917 (H.B. 651 (H.B. (B) The landlord has expressly or impliedly agreed in the lease to furnish potable water to the tenant's dwelling and the water service to the dwelling has totally ceased. September 1, 2011. From packing to loading, our team of experienced movers will take care of your personal belongings and make your move to your new home easy and stress-free. The bar or tube must be capable of being secured to both of the screw hooks and must be permanently attached in some way to the door frame stud or wall stud. (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. The term does not include dates of entry or occupation not authorized by the landlord. 21.001(97), eff. Ask Your Own Real Estate Law Question 91.006 supports reletting fees by charging an assessment. To rebut that presumption, the date on which the landlord received the tenant's notice, the severity and nature of the condition, and the reasonable availability of materials and labor and of utilities from a utility company must be considered. TENANT'S REMEDY ON NOTICE FROM MANAGEMENT COMPANY. The reletting . increasing citizen access. 1, eff. Re: Reletting Charge. (4) a judgment against the tenant for reasonable attorney's fees. 8, eff. Renumbered from Property Code Sec. from Statutes.Capitol.Texas.gov website.85 % of read more 92.164. However, most (d) In a written lease or other agreement, a landlord and a tenant may agree to a procedure different than the procedure in this section for removing, storing, or disposing of property in the leased premises of a deceased tenant. (i) The tenant shall not have authority to contract for labor or materials in excess of what the tenant may deduct under this section. (2) payable at the time each rent payment is due during the lease. Code Title 5 Subtitle B Chapter 53 Section 53.156 Texas Property Code Sec. Jan. 1, 1984. 31.01(71), eff. The landlord's duty of inspection and repair of smoke alarms under Subchapter F may be waived only by written agreement. 257 (H.B. Acts 1983, 68th Leg., p. 3632, ch. Reletting a Rental Property A landlord relets a property by having a new tenant sign an entirely new lease. (a) In this section, "occupant" has the meaning assigned by Section 92.016. There will be a one-time $43 re-inspection fee assessed for that follow-up inspection to determine if the violation (s) previously identified have been abated. Total fees vary depending on the situation, and most lease contracts have clauses designed to clarify such details. 92.107. Texas law allows landlords to charge tenants for costs related to filling a vacancy left when a tenant terminates a lease without just cause. Renumbered from Sec. * Quality assurance program Family owned and operated Realistic estimates 100% satisfaction guaranteed (2) may not terminate or suspend the permit until the date the tenant's right of possession ends. (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. 5, eff. (B) arises from the landlord's failure to provide and maintain in good operating condition a device to supply hot water of a minimum temperature of 120 degrees Fahrenheit. 165, Sec. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING CERTAIN SEX OFFENSES OR STALKING. Jan. 1, 1984. 576, Sec. 92.006. Sec. 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. A landlord may not charge the tenant a fee that is more than the reasonable cost of obtaining and administering the insurance purchased under this subsection. 1112 (H.B. Jan. 1, 1984. 92.163. Acts 1983, 68th Leg., p. 3641, ch. The tenant shall have the burden of pleading and proving a knowing violation. This duty does not exist with respect to damage or a malfunction caused by the tenant, the tenant's family, or the tenant's guests or invitees during the term of the lease or a renewal or extension, except that the landlord has a duty to repair or replace the smoke alarm if the tenant pays in advance the reasonable repair or replacement cost, including labor, materials, taxes, and overhead. a new child or a job transfer) that requires you to find new housing. Acts 2015, 84th Leg., R.S., Ch. (a) This section applies only to a tenant in a multiunit complex, as that term is defined by Section 92.151. REMEDIES. September 1, 2007. HARASSMENT. 938, Sec. 4, eff. Sec. January 1, 2016. Texas Homes Realty & Management_ 633 E. Fernhurst Dr., Suite 701, Katy, TX 77450 (281) 646-9929 Office (281) 667-3247 Fax www.texashomesrealty.com 5, eff. An owner of real property who files a notice of appeal of a judgment of a justice court to the county court perfects the owner's appeal and stays the effect of the judgment without the necessity of posting an appeal bond. 869, Sec. (a) The landlord shall inspect and repair a smoke alarm according to this section. . In this subchapter: (1) "Bedroom" means a room designed with the intent that it be used for sleeping purposes. (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. 8, eff. Added by Acts 2019, 86th Leg., R.S., Ch. (2) The tenant's right to repair and deduct for conditions involving sewage backup or overflow, flooding inside the dwelling, or a cutoff of potable water under Subsection (e) of Section 92.0561 shall not be affected, and the tenant shall have no duty to give additional notice to the new landlord. (b) Except as provided by Section 92.255(b), a smoke alarm may be powered by battery, alternating current, or other power source as required by local ordinance. LEASE TERM AFTER NATURAL DISASTER. Jan. 1, 1996. (d-1) The notice in Subsection (d)(2) must be in a separate document furnished to the tenant after the landlord has discovered that the tenant has disconnected or damaged the smoke alarm or removed a battery from it. FEE IN LIEU OF SECURITY DEPOSIT. Texas courts allow landlords to charge so-called "reletting fees," which are the landlord's costs resulting from an early lease termination. The sample TAA lease for which you provided a link has a blank for a reletting fee. Jan. 1, 1984. 3) You must continue paying rent each month on the first, until a replacement tenant is found and starts paying rent for you. (a) A keyed dead bolt or a keyless bolting device required by this subchapter must be installed at a height: (1) not lower than 36 inches from the floor; and, (A) 54 inches from the floor, if installed before September 1, 1993; or. TENANT'S DISABLING OF A SMOKE ALARM. The current agreement is ending on 1 June 2021, but the tenant has purchased a property and wants to vacate on 1 May 2021. Acts 2011, 82nd Leg., R.S., Ch. 1, eff. 1268 (H.B. (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. Amended by Acts 1993, 73rd Leg., ch. Sec. Code Ann. Section 207.003 of the Texas Property Code governs the requirement for a residential subdivision or townhome to provide a resale certificate to an owner upon request as well as the consequences for an association who fails to comply with such a request. (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. (4) a living unit in an apartment, condominium, cooperative, or townhome project. (14) "Sliding door security bar" means a bar or rod that can be placed at the bottom of or across the interior side of the fixed panel of a sliding glass door and that is designed to prevent the door from being opened. 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. Amended by Acts 1995, 74th Leg., ch. Jan. 1, 1984. 83), Sec. (2) sign a statement authorizing the landlord in the event of the tenant's death to: (A) grant to the person designated under Subdivision (1) access to the premises at a reasonable time and in the presence of the landlord or the landlord's agent; (B) allow the person designated under Subdivision (1) to remove any of the tenant's property found at the leased premises; and. Sec. Sept. 1, 1997. Sec. 917 (H.B. A waiver under this section does not apply if: (1) the tenant or the tenant's dependent moves into housing owned or occupied by family or relatives of the tenant or the tenant's dependent; or. 1420, Sec. Sec. Sec. (15) "Tenant turnover date" means the date a tenant moves into a dwelling under a lease after all previous occupants have moved out. WHEN TENANT'S REQUEST OR NOTICE MUST BE IN WRITING. (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. Aug. 26, 1985. 588 (S.B. 1, eff. 92.060. 92.0563. (a) At the time an applicant is provided with a rental application, the landlord shall make available to the applicant printed notice of the landlord's tenant selection criteria and the grounds for which the rental application may be denied, including the applicant's: (5) failure to provide accurate or complete information on the application form. 92.351. 92.263. LANDLORD'S DEFENSE. 92.021. (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.". (c) If a landlord does not provide the tenant the notice as required by this section, the landlord forfeits the right to collect damages and charges from the tenant.