(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. The tenant must also state orally under oath to the justice the facts of the alleged unlawful lockout. Sept. 1, 1993. 5, eff. January 1, 2010. (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. (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. This chapter applies only to the relationship between landlords and tenants of residential rental property. Acts 2019, 86th Leg., R.S., Ch. 576, Sec. (g) Except as provided by Subsection (h), a fee collected under this section is a security deposit for purposes of this chapter. Jan. 1, 1996. Jan. 1, 1996. Prop. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 687, Sec. 92.352. Sec. (3) a nursing or convalescent home licensed by the Department of State Health Services and certified to meet the Life Safety Code under federal law and regulations. (a) If the tenant withholds rents, causes repairs to be performed, or makes rent deductions for repairs in violation of this subchapter, the landlord may recover actual damages from the tenant. 69), Sec. (4) a living unit in an apartment, condominium, cooperative, or townhome project. The landlord's duty of inspection and repair of smoke alarms under Subchapter F may be waived only by written agreement. 92.158. Acts 1983, 68th Leg., p. 3634, ch. (4) failure to pay an electric bill disputed by the tenant, unless the landlord has conducted an investigation as required by the particular case and reported the results in writing to the tenant. Acts 2007, 80th Leg., R.S., Ch. Sec. September 1, 2019. 10, eff. 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. (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. Redesignated from Property Code Sec. Aug. 28, 1989. 917 (H.B. 189 (S.B. A wealth of home building and renovating wisdom from years of experience. January 1, 2016. 92.055. Texas Property Code Ann. 2, eff. 1002), Sec. Unless possession of a firearm or firearm ammunition on a landlord's property is prohibited by state or federal law, a landlord may not prohibit a tenant or a tenant's guest from lawfully possessing, carrying, transporting, or storing a firearm, any part of a firearm, or firearm ammunition: (2) in a vehicle located in a parking area provided for tenants or guests by the landlord of the leased premises; or. (h) If a writ of possession is issued, it supersedes a writ of reentry. The fee for service of a writ of restoration of utility service is the same as that for service of a writ of possession. (b) A person may specify in writing in an original lease that the person will guarantee a renewal of the lease only if the original lease states: (1) the last date, as specified by the guarantor, on which the renewal of the lease will renew the obligation of the guarantor; (2) that the guarantor is liable under a renewal of the lease that occurs on or before that date; and. (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. (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. (l) The fee for filing a sworn complaint for reentry is the same as that for filing a civil action in justice court. AGENT FOR DELIVERY OF NOTICE. Sec. Jan. 1, 1996. 48, Sec. 1186), Sec. (2) "Door viewer" means a permanently installed device in an exterior door that allows a person inside the dwelling to view a person outside the door. 92.026. 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. 92.1041. teriyaki chicken donburi wagamama . January 1, 2010. (a) Except as provided in Subsection (b), a landlord is presumed to have given notice of an applicant's acceptance or rejection if the notice is by: (1) telephone to the applicant, co-applicant, or a person living with the applicant or co-applicant on or before the required date; or. Notice by mail may be by regular mail, by registered mail, or by certified mail, return receipt requested. January 1, 2010. Sept. 1, 1993; Acts 1995, 74th Leg., ch. (q) The landlord may not evict a tenant for failure to pay an electric bill when the landlord has interrupted the tenant's electric service under Subsection (h) 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. Acts 1983, 68th Leg., p. 3651, ch. The landlord may file subsequent affidavits, provided that the total delay of the repair or remedy extends no longer than six months from the date the landlord delivers the first affidavit to the tenant. January 1, 2020. 1. This fee is meant to compensate the rental owners for the costs of releasing the unit. Sec. (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. 576, Sec. September 1, 2011. (d) A landlord may not continue to prosecute and a court shall abate an action to enforce the lease, other than an action for nonpayment of rent, only until the landlord provides to a tenant a complete copy of the lease if the tenant submits to the court evidence in a plea in abatement or otherwise that the landlord failed to comply with Subsection (a) or (b). 1, eff. Sept. 1, 1993. Aug. 31, 1987. (d) If the landlord closes the rental unit after the tenant gives the landlord a notice to repair and the tenant moves out on or before the end of the rental term, the landlord must pay the tenant's actual and reasonable moving expenses, refund a pro rata portion of the tenant's rent from the date the tenant moves out, and, if otherwise required by law, return the tenant's security deposit. A party who prevails in a suit brought under this subsection may recover court costs and reasonable attorney's fees from the other party. 92.061. 1, eff. (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. 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 2009, 81st Leg., R.S., Ch. 683, Sec. (B) a doorknob lock that contains a bolt with at least a one-inch throw. This is also known as assignment of the lease to a new party. (c) A tenant who terminates a lease under Subsection (b) shall deliver to the landlord or landlord's agent: (1) a written notice of termination of the lease; and. Renumbered from Sec. They must notify the landlord in writing of their wish to have the smoke alarm installed or repaired before doing so. (f) Except as provided by Subsection (g), this section does not affect a tenant's liability for delinquent, unpaid rent or other sums owed to the landlord before the lease was terminated by the tenant under this section. SECURITY DEVICES REQUIRED WITHOUT NECESSITY OF TENANT REQUEST. (g) A landlord is liable for any damage to a tenant's vehicle resulting from the negligence of a towing service that contracts with the landlord or the landlord's agent to remove vehicles that are parked in violation of the landlord's rules and policies if the towing company that caused the damage does not carry insurance that covers the damage. 92.0135. 305, Sec. Sept. 1, 1995. (c) Repealed by Acts 2009, 81st Leg., R.S., Ch. (b) A tenant who is a servicemember or a dependent of a servicemember may vacate the dwelling leased by the tenant and avoid liability for future rent and all other sums due under the lease for terminating the lease and vacating the dwelling before the end of the lease term if: (1) the lease was executed by or on behalf of a person who, after executing the lease or during the term of the lease, enters military service; or. (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. (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. (C) designed to prevent the door from being opened. (5) court costs and attorney's fees, excluding any attorney's fees for a cause of action for damages relating to a personal injury. (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. Sec. 1, eff. APPLICATION OF SUBCHAPTER. 92.151. If you're "a Continue Reading Pearl York 40 Years of Family Law Practice, now retired. (2) an earlier date agreed to by the landlord and the tenant. In this subchapter: (1) "Doorknob lock" means a lock in a doorknob, with the lock operated from the exterior by a key, card, or combination and from the interior without a key, card, or combination. 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. 5, eff. Sec. Acts 1983, 68th Leg., p. 3648, ch. January 1, 2016. 92.0562. Added by Acts 2019, 86th Leg., R.S., Ch. January 1, 2016. Amended by Acts 1989, 71st Leg., ch. Acts 1983, 68th Leg., p. 3653, ch. 1086), Sec. 92.0132. (d) Subsections (a) and (b) apply only when a tenant is in possession of a dwelling. Your written termination notice must include payment of the reletting fee listed in paragraph 28 of your lease agreement. 1, eff. 19, eff. LANDLORD 'S FAILURE TO CORRECT INFORMATION. September 1, 2011. (e) A landlord and a tenant may agree for the tenant to repair or remedy, at the tenant's expense, any condition covered by Subchapter B if all of the following conditions are met: (1) at the beginning of the lease term the landlord owns only one rental dwelling; (2) at the beginning of the lease term the dwelling is free from any condition which would materially affect the physical health or safety of an ordinary tenant; (3) at the beginning of the lease term the landlord has no reason to believe that any condition described in Subdivision (2) of this subsection is likely to occur or recur during the tenant's lease term or during a renewal or extension; and. January 1, 2016. Sec. Acts 1983, 68th Leg., p. 3648, ch. (e) The landlord is entitled to a hearing on the tenant's sworn complaint for restoration of utility service. Answer: A reletting or "sublease" charge is an arbitrary number assigned as a value by the landlord to collect for the inconvenience of you making the decision to prematurely exit your lease. 576, Sec. Added by Acts 1989, 71st Leg., ch. 869, Sec. Sec. 92.101. TENANT'S REMEDY ON NOTICE FROM MANAGEMENT COMPANY. Jan. 1, 1984. 2404), 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. Texas law governing commercial leases is found in Title 8, Chapter 93 of the Texas Property Code. (i) A landlord may not charge a tenant for normal wear and tear of a dwelling. LIABILITY FOR LEASING TO PERSON WITH CRIMINAL RECORD. 83), Sec. Sept. 1, 1993. 322 (H.B. NOTICE REGARDING VEHICLE TOWING OR PARKING RULES OR POLICIES. (a) A landlord may not retaliate against a tenant by taking an action described by Subsection (b) because the tenant: (1) in good faith exercises or attempts to exercise against a landlord a right or remedy granted to the tenant by lease, municipal ordinance, or federal or state statute; (2) gives a landlord a notice to repair or exercise a remedy under this chapter; (3) complains to a governmental entity responsible for enforcing building or housing codes, a public utility, or a civic or nonprofit agency, and the tenant: (A) claims a building or housing code violation or utility problem; and, (B) believes in good faith that the complaint is valid and that the violation or problem occurred; or. (4) a judgment against the landlord for court costs and attorney's fees. 1, eff. Acts 2007, 80th Leg., R.S., Ch. 576, Sec. 1, eff. (j) 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. Amended by Acts 1995, 74th Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. (c) If the landlord retains all or part of a security deposit under this section, the landlord shall give to the tenant the balance of the security deposit, if any, together with a written description and itemized list of all deductions. (4) "Deposited" means deposited in an account of the landlord or the landlord's agent in a bank or other financial institution. 869, Sec. June 18, 2005. (a) A landlord may not: (1) prohibit or limit a residential 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. 593 (S.B. (e) This section does not apply to a landlord's duty to install or rekey, without necessity of a tenant's request, a security device under Section 92.153 or 92.156(a). January 1, 2014. 869, Sec. Amended by Acts 1997, 75th Leg., ch. (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. Jan. 1, 1984. 576, Sec. Sec. (e) A landlord may comply with this section by providing to a tenant a complete copy of the lease: (2) in an electronic format if requested by the tenant; or. LANDLORD'S DUTY TO REPAIR OR REPLACE SECURITY DEVICE. 1, eff. 6, eff. Amended by Acts 1989, 71st Leg., ch. 92.004. Added by Acts 2007, 80th Leg., R.S., Ch. 1420, Sec. 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. 1060 (H.B. Aug. 28, 1995; Acts 1995, 74th Leg., ch. Acts 1983, 68th Leg., p. 3647, ch. Sec. In . Sec. LANDLORD'S DEFENSES RELATING TO INSTALLING OR REKEYING CERTAIN SECURITY DEVICES. January 1, 2008. (c) Subsection (a) does not apply to a real estate mortgage lienholder who acquires title by foreclosure. A repair bill and receipt may be the same document. Sec. 257 (H.B. 1, eff. 92.203. Amended by Acts 1995, 74th Leg., ch. 18 (S.B. 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. Acts 2017, 85th Leg., R.S., Ch. (5) engaging, in bad faith, in a course of conduct that materially interferes with the tenant's rights under the tenant's lease. Additionally, a landlord may charge more than the maximum to recover costs, expenses, or overhead associated with collecting the late payment. (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. (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. For purposes of this subsection, a pay stub or other statement of earnings issued by the tenant's employer is sufficient verification. However, the landlord's duty to repair or remedy conditions covered by this subchapter may not be waived except as provided by Subsection (e) or (f) of Section 92.006. Check your specific lease agreement or renewal for your amount. Sec. (D) The landlord has been notified in writing by the appropriate local housing, building, or health official or other official having jurisdiction that the condition materially affects the health or safety of an ordinary tenant. January 1, 2008. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. (a) If the owner's interest in the premises is terminated by sale, assignment, death, appointment of a receiver, bankruptcy, or otherwise, the new owner is liable for the return of security deposits according to this subchapter from the date title to the premises is acquired. (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. 9, eff. 357, Sec. Sec. (a) This section applies only to a tenant in a multiunit complex, as that term is defined by Section 92.151. (a) A landlord shall install at least one smoke alarm in each separate bedroom in a dwelling unit. SUBCHAPTER E. DISCLOSURE OF OWNERSHIP AND MANAGEMENT. Sec. PROPERTY CODE TITLE 8. WAIVER. (2) the late fee is more than the applicable amount under Subdivision (1), but not more than uncertain damages to the landlord related to the late payment of rent, including direct or indirect expenses, direct or indirect costs, or overhead associated with the collection of late payment. 1, eff. Sec. Jan. 1, 1996. 1, eff. (g) Not later than the 30th day after the effective date of the termination of a lease under Subsection (f), the landlord shall refund to the tenant all rent or other amounts paid in advance under the lease for any period after the effective date of the termination of the lease. (d) If there is more than one tenant on a lease, the landlord is not required under this section to send notices to the primary residence of more than one tenant. Amended by Acts 1987, 70th Leg., ch. Acts 2005, 79th Leg., Ch. 92.060. or TAR (Texas Association of Realtors) form, then it comports with property code law and means what it says. A landlord has a defense to liability under Section 92.202 or 92.203 if the tenant owes rent on the date the tenant gives a notice required by either of those sections. EVICTION SUITS. The tenant must also state orally under oath to the justice the facts of the alleged unlawful utility disconnection. (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. 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. 534), Sec. 2, eff. September 1, 2011. (e) If a tenant vacates the premises in breach of a written lease, the landlord may deduct from the tenant's security deposit the reasonable cost incurred by the landlord to rekey a security device as required by this section only if the lease includes a provision that is underlined or printed in boldface type authorizing the deduction. 7 juin 2022. (b) A late fee under this section may include an initial fee and a daily fee for each day any portion of the tenant's rent continues to remain unpaid, and the combined fees are considered a single late fee for purposes of this section. Sec. 3101), Sec. Sept. 1, 1995. 2, eff. (h) A tenant may not waive a tenant's right to terminate a lease before the end of the lease term, vacate the dwelling, and avoid liability under this chapter. 5, eff. January 1, 2014. Acts 2015, 84th Leg., R.S., Ch. (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. increasing citizen access. (B) the National Weather Service issues a heat advisory for a county in which the premises is located or has issued such an advisory on one of the two preceding days. (c) A tenant is not liable for damages suffered by the landlord if the damage is caused by the landlord's failure to repair the smoke alarm within a reasonable time after the tenant requests it to be repaired, considering the availability of material, labor, and utilities. January 1, 2010. (c) If a landlord or a landlord's agent changes the door lock of a tenant who is delinquent in paying rent, the landlord or the landlord's agent must place a written notice on the tenant's front door stating: (1) an on-site location where the tenant may go 24 hours a day to obtain the new key or a telephone number that is answered 24 hours a day that the tenant may call to have a key delivered within two hours after calling the number; (2) the fact that the landlord must provide the new key to the tenant at any hour, regardless of whether or not the tenant pays any of the delinquent rent; and. 1, eff. LANDLORD'S FAILURE TO CORRECT INFORMATION. (d) Repairs under this section may be made only if all of the following requirements are met: (1) The landlord has a duty to repair or remedy the condition under Section 92.052, and the duty has not been waived in a written lease by the tenant under Subsection (e) or (f) of Section 92.006. (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 1983, 68th Leg., p. 3632, ch. The landlord has a defense to liability under Section 92.164 if: (1) the tenant has not fully paid all rent then due from the tenant on the date the tenant gives a request under Section 92.157(c) or the notice required by Section 92.164; or. Sec. (f) A landlord who violates this section is liable to the tenant for actual damages, a civil penalty equal to the amount of one month's rent plus $500, and attorney's fees. 23.011, eff. On request of the tenant, the landlord shall provide the statement to the tenant by any established means regularly used for written communication between the landlord and the tenant. 576, Sec. SUBCHAPTER F. SMOKE ALARMS AND FIRE EXTINGUISHERS. Landlord's Responsibility to Re-rent in Texas According to Tex. 1168), Sec. 512 (H.B. (4) the fee, unless otherwise specified, is not paying for insurance that covers the tenant or otherwise changes the tenant's obligation to pay rent and damages beyond normal wear and tear. TYPE, BRAND, AND MANNER OF INSTALLATION. POSSESSION OF FIREARMS OR FIREARM AMMUNITION ON LEASED PREMISES. 917 (H.B. (c) The tenant's claim to the security deposit takes priority over the claim of any creditor of the landlord, including a trustee in bankruptcy. 2.28, eff. This clause allows tenants to terminate the lease early if they follow the early termination rules. 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. (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.
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