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. September 1, 2011. (d) A landlord may not intentionally prevent a tenant from entering the leased premises under Subsection (b)(3) unless: (1) the landlord's right to change the locks because of a tenant's failure to timely pay rent is placed in the lease; (2) the tenant is delinquent in paying all or part of the rent; and. Texas Property Code - PROP 92.019 | FindLaw (e) The landlord is entitled to a hearing on the tenant's sworn complaint for reentry. Re: Reletting Fee. (b) A tenant may, without request from the landlord, provide the landlord with the information in Subsection (a). This is because under Texas law (Tex. 1186), Sec. (C) located on the same lot or tract or adjacent lots or tracts of land. https://texas.public.law/statutes/tex._prop._code_section_92.019. (a) This section applies only to a tenant in a multiunit complex, as that term is defined by Section 92.151. 0. If the dwelling has no mailbox and has a keyless bolting device, alarm system, or dangerous animal that prevents the landlord from entering the premises to leave the notice on the inside of the main entry door, the landlord may securely affix the notice on the outside of the main entry door. January 1, 2008. 744, Sec. The hearing shall be held not earlier than the first day and not later than the seventh day after the date the landlord requests a hearing. 92.162. (2) a copy of an appropriate government document providing evidence of the tenant's entrance into military service if Subsection (b)(1) applies or a copy of the servicemember's military orders if Subsection (b)(2) applies. A waiver under this section must be signed and in writing in a document separate from the lease and must comply with federal law. If a municipality or a county revokes a certificate of occupancy for a leased premises because of the landlord's failure to maintain the premises, the landlord is liable to a tenant who is not in default under the lease for: (1) the full amount of the tenant's security deposit; (2) the pro rata portion of any rental payment the tenant has paid in advance; (3) the tenant's actual damages, including any moving costs, utility connection fees, storage fees, and lost wages; and. 1, eff. September 1, 2011. 92.331 by Acts 1997, 75th Leg., ch. 1112 (H.B. 31.01(71), eff. 576, Sec. Sec. 0 . Reletting Expenses Definition | Law Insider 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. LANDLORD 'S FAILURE TO DISCLOSE INFORMATION. (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. The customer must provide the notice by mail to the tenant's or owner's preferred mailing address or hand deliver the notice to the tenant or owner. Jan. 1, 1984. When secured to the screw hooks, the bar or tube must prevent the door from being opened unless the bar or tube is removed by a person who is on the interior side of the door. If the landlord's employees perform the work, the charge may include a reasonable amount for overhead but may not include a profit to the landlord. Acts 1983, 68th Leg., p. 3632, ch. 917 (H.B. A reasonable time for purposes of this subsection is presumed to be not later than the seventh day after the date the request is received by the landlord. The justice may defer payment of the tenant's filing fees and service costs for the sworn complaint for restoration of utility service and writ of restoration of utility service. EXEMPTIONS. Sec. 744, Sec. Sec. (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. 1399), Sec. (b) The tenant's deduction for the cost of the repair or remedy may not exceed the amount of one month's rent under the lease or $500, whichever is greater. This is also known as assignment of the lease to a new party. Sec. 650, Sec. Sec. (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. 576, Sec. 1099), Sec. (f) If an applicant requests a landlord to mail a refund of the applicant's application fee to the applicant, the landlord shall mail the refund check to the applicant at the address furnished by the applicant. (b) A landlord may not, within six months after the date of the tenant's action under Subsection (a), retaliate against the tenant by: (1) filing an eviction proceeding, except for the grounds stated by Section 92.332; (2) depriving the tenant of the use of the premises, except for reasons authorized by law; (4) increasing the tenant's rent or terminating the tenant's lease; or. 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. Oral notices of change are insufficient. (2) may not use a prospective tenant's choice to pay a fee in lieu of a security deposit or a security deposit as a criterion in the determination of whether to approve an application for occupancy. Sept. 1, 1997. Tenant's Right to Break a Rental Lease in Texas | Nolo 1, eff. September 1, 2019. My daughter left her off-campus housing in March due to "Shelter in place" and we've been paying rent fo. 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. 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. Is there a way to avoid unlawful early move-out and reletting Sec. 92.102. It prohibits them for withholding a portion of the deposit for repairs of conditions caused by normal wear and tear. (a) If a landlord does not comply with Section 92.153 or 92.156(a) regarding installation or rekeying of a security device, the tenant may: (1) install or rekey the security device as required by this subchapter and deduct the reasonable cost of material, labor, taxes, and extra keys from the tenant's next rent payment, in accordance with Section 92.166; (2) serve a written request for compliance on the landlord, and, except as provided by Subsections (b) and (c), if the landlord does not comply on or before the third day after the date the notice is received, unilaterally terminate the lease without court proceedings; (3) file suit against the landlord without serving a request for compliance and obtain a judgment for: (A) a court order directing the landlord to comply, if the tenant is in possession of the dwelling; (D) attorney's fees except in suits for recovery of property damages, personal injuries, or wrongful death; and. (a) In this section, "governmental entity" means the state, an agency of the state, or a political subdivision of the state. 6, eff. REJECTION OF APPLICANT. 12, eff. A party who prevails in a suit brought under this subsection may recover court costs and reasonable attorney's fees from the other party. (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. 869, Sec. Sec. EFFECT ON OTHER RIGHTS. 76, Sec. 92.170. Texas Homes Realty & Management_ 633 E. Fernhurst Dr., Suite 701, Katy, TX 77450 (281) 646-9929 Office (281) 667-3247 Fax www.texashomesrealty.com Jan. 1, 1984. 92.353. How much does it cost to break a lease in Texas? (a) A landlord who in bad faith retains a security deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees in a suit to recover the deposit. Code 91.006, a landlord must make reasonable efforts to re-rent their unit instead of charging the tenant for the total remaining rent due under the lease. 92.259. Sept. 1, 1993; Acts 1995, 74th Leg., ch. (a) If a security deposit is required by a residential lease, the landlord may choose to offer the tenant an option to pay a fee in lieu of a security deposit. (a) A landlord who has expressly or impliedly agreed in the lease to furnish and pay for water, gas, or electric service to the tenant's dwelling is liable to the tenant if the utility company has cut off utility service to the tenant's dwelling or has given written notice to the tenant that such utility service is about to be cut off because of the landlord's nonpayment of the utility bill. Charging a reletting (early termination) fee - The LPA Jan. 1, 1996. (2) increasing rent or reducing services as part of a pattern of rent increases or service reductions for an entire multidwelling project. NOTICE OF RULE OR POLICY CHANGE AFFECTING TENANT'S PERSONAL PROPERTY. (3) file suit against the landlord and obtain a judgment for: (C) punitive damages if the tenant suffers actual damages and the landlord's failure to comply is intentional, malicious, or grossly negligent; Sec. 1367), Sec. (a) A landlord's duty or a tenant's remedy concerning security deposits, security devices, the landlord's disclosure of ownership and management, or utility cutoffs, as provided by Subchapter C, D, E, or G, respectively, may not be waived. 92.008. Jan. 1, 1984. Sec. Can we be forced to pay 2 extra months of rent and a reletting fee plus (a) A landlord shall give prior written notice to a tenant regarding a landlord rule or policy change that is not included in the lease agreement and that will affect any personal property owned by the tenant that is located outside the tenant's dwelling. (g) A party may appeal from the court's judgment at the hearing on the sworn complaint for reentry in the same manner as a party may appeal a judgment in a forcible detainer suit. January 1, 2020. Acts 1983, 68th Leg., p. 3638, ch. Amended by Acts 1995, 74th Leg., ch. 8 , 2022. 92.2611. TENANT'S REMEDIES REGARDING REVOCATION OF CERTIFICATE OF OCCUPANCY. The written notice must include the customer's contact information and the tenant's remedies under Section 92.301. Sec. REMEDIES. (r) Subject to this subsection, a reconnection fee may be applied if electric service to the tenant is disconnected for nonpayment of bills under Subsection (h). SECURITY DEVICES REQUESTED BY TENANT. September 1, 2021. September 1, 2011. 1, eff. 92.014. 1198 (S.B. (b) The tenant shall notify the landlord in writing of any change in the tenant's primary residence address. (a) A landlord shall accept a tenant's timely cash rental payment unless a written lease between the landlord and tenant requires the tenant to make rental payments by check, money order, or other traceable or negotiable instrument. (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. Acts 1983, 68th Leg., p. 3645, ch. A provision of a rental application that purports to waive a right or exempt a party from a liability or duty under this subchapter is void. 576, Sec. (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. (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. 4, eff. (b) A tenant who violates this section is presumed to have acted in bad faith. June 20, 2003. The notice must include the following text in both English and Spanish: "Notice to residents of (name and address of nonsubmetered master metered multifamily property): Electric (or gas) service to this property is scheduled for disconnection on (date) because (reason for disconnection).". Under its terms, the title applies only to the relationship between landlords and tenants of commercial rental property, defined as rental property that is not residential. 469 (H.B. Acts 1983, 68th Leg., p. 3639, ch. Sec. Added by Acts 2013, 83rd Leg., R.S., Ch. Sec. (b) A tenant may terminate the tenant's rights and obligations under a lease and may vacate the dwelling and avoid liability for future rent and any other sums due under the lease for terminating the lease and vacating the dwelling before the end of the lease term if the tenant complies with Subsection (c). LANDLORD'S DUTY TO PROVIDE COPY OF LEASE. Sec. 576, Sec. 16, eff. (b) Except as provided by Subsection (a), a dwelling to which this subchapter applies includes: (1) a room in a dormitory or rooming house; (3) a single family house, duplex, or triplex; and. If a violation (s) is identified at the time of the City's comprehensive inspection, a follow-up inspection will be required. 92.351. (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. PDF Security Deposits - Texas Law Help Sept. 1, 1997. Sept. 1, 1993. 629 (S.B. Acts 1983, 68th Leg., p. 3647, ch. 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. Sec. Added by Acts 2007, 80th Leg., R.S., Ch. The fee for service of a writ of reentry is the same as that for service of a writ of possession. (3) move out at our demand because of your default; or. (2) a door viewer if the door does not have a door viewer. (c) Except as provided in Subsection (d), in the event of the death of a tenant who is the sole occupant of a rental dwelling: (1) the landlord may remove and store all property found in the tenant's leased premises; (2) the landlord shall turn over possession of the property to the person who was designated by the tenant under Subsection (a) or (b) or to any other person lawfully entitled to the property if the request is made prior to the property being discarded under Subdivision (5); (3) the landlord shall refund the tenant's security deposit, less lawful deductions, including the cost of removing and storing the property, to the person designated under Subsection (a) or (b) or to any other person lawfully entitled to the refund; (4) the landlord may require any person who removes the property from the tenant's leased premises to sign an inventory of the property being removed; and. During the lease term and any renewal period, a landlord shall repair or replace a security device on request or notification by the tenant that the security device is inoperable or in need of repair or replacement. 200, Sec. (2) "Landlord" means the owner, lessor, or sublessor of a dwelling, but does not include a manager or agent of the landlord unless the manager or agent purports to be the owner, lessor, or sublessor in an oral or written lease. 1, eff. 651 (H.B. (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). January 1, 2014. (b) Unless the condition was caused by normal wear and tear, the landlord does not have a duty during the lease term or a renewal or extension to repair or remedy a condition caused by: (2) a lawful occupant in the tenant's dwelling; (3) a member of the tenant's family; or. Sept. 1, 1989. (j) If a tenant in bad faith files a sworn complaint for restoration of utility service resulting in a writ 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. (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. Renumbered from Property Code Sec. (b) A landlord may require a tenant to pay for repair or replacement of a security device if an underlined provision in a written lease authorizes the landlord to do so and the repair or replacement is necessitated by misuse or damage by the tenant, a member of the tenant's family, an occupant, or a guest, and not by normal wear and tear. Total fees vary depending on the situation, and most lease contracts have clauses designed to clarify such details. Renumbered from Property Code Sec. (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. LIABILITY OF TENANT FOR GOVERNMENTAL FINES. If a landlord spends the equivalent of the reletting fee to re-rent the apartment, then that is a legitimate charge. The reletting fee is typically 150% of one month's rent. A landlord's failure to respond does not affect the tenant's liability for any late fee owed to the landlord. However, this subchapter does not: (1) affect a local ordinance adopted before September 1, 1981, that requires landlords to install smoke alarms in new or remodeled dwelling units before September 1, 1981, if the ordinance conforms with or is amended to conform with this subchapter; (2) limit or prevent adoption or enforcement of a local ordinance relating to fire safety as a part of a building, fire, or housing code, including any requirements relating to the installation of smoke alarms or the type of smoke alarms; (3) otherwise limit or prevent the adoption of a local ordinance that conforms to this subchapter but which contains additional enforcement provisions, except as provided by Subsection (b); or. Sec. 3, eff. A lease termination charge is a fee that allows you to break your lease early without any loss or risk of paying the entirety of rent due for the lease term. DEFINITIONS. (k) If the landlord repairs or remedies the condition or delivers an affidavit for delay under Section 92.0562 to the tenant after the tenant has contacted a repairman but before the repairman commences work, the landlord shall be liable for the cost incurred by the tenant for the repairman's trip charge, and the tenant may deduct the charge from the tenant's rent as if it were a repair cost. DEFINITIONS. 92.261. Jan. 1, 1984. 1349 (H.B. (f) If the landlord fails to request a hearing on the tenant's sworn complaint for restoration of utility service before the eighth day after the date of service of the writ of restoration of utility service on the landlord under Subsection (d), a judgment for court costs may be rendered against the landlord. Jan. 1, 1984. LANDLORD'S DUTY TO REPAIR OR REMEDY. (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. 576, Sec. (d) The writ of reentry 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 action. 92.3515. 21.001, eff. Jan. 1, 1984. Added by Acts 2019, 86th Leg., R.S., Ch. (d) A landlord who fails either to return a security deposit or to provide a written description and itemization of deductions on or before the 30th day after the date the tenant surrenders possession is presumed to have acted in bad faith. 409 (H.B. 1, eff. LANDLORD'S DUTY TO REPAIR OR REPLACE SECURITY DEVICE. Court costs may be waived only if the tenant executes a pauper's affidavit. 48, Sec. (2) within a reasonable time after receiving a written request by a tenant. If you break the lease, you are responsible for the re-letting fee plus rent until the apartment is re-let. Sec. (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. Amended as Sec. The tenant must also state orally under oath to the justice the facts of the alleged unlawful utility disconnection. 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. TENANT REMEDIES. 2, eff. (a) 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 regarding a residential landlord's duty to install, inspect, or repair a fire extinguisher or smoke alarm in a dwelling unit. January 1, 2010. Most commonly, an early termination fee is two months' rent. Acts 1983, 68th Leg., p. 3647, ch. (2) a servicemember, while in military service, executes the lease and after executing the lease receives military orders: (A) for a permanent change of station; or. 1420, Sec. 8, eff. (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.
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