(2) is liable for the tenant's reasonable attorney's fees in a suit to recover the deposit. Added by Acts 1989, 71st Leg., ch. (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. 92.153. Added by Acts 2019, 86th Leg., R.S., Ch. Acts 2019, 86th Leg., R.S., Ch. (Tex. (4) a temporary residential tenancy created by a contract for sale in which the buyer occupies the property before closing or the seller occupies the property after closing for a specific term not to exceed 90 days. The duties of a landlord and the remedies of a tenant under this subchapter are in lieu of the common law, other statutory law, and local ordinances relating to the disclosure of ownership and management of a dwelling by a landlord to a tenant. WAIVER. (e) The notices required by Subsections (b) and (d) must be included in a separate written document given to the tenant at or before execution of the lease. (5) If the new landlord violates this subsection, the new landlord is liable to the tenant for a civil penalty of one month's rent plus $2,000, actual damages, and attorney's fees. Amended by Acts 1993, 73rd Leg., ch. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 92.206. (2) more than once during a rental payment period. 1, eff. Through social (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. 83), Sec. 1, eff. (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. Sept. 1, 1993. Code Ann. Sec. (d) A fee in lieu of a security deposit must be: (1) a recurring fee of equivalent amount; and. 869, Sec. Amended by Acts 1995, 74th Leg., ch. (4) a living unit in an apartment, condominium, cooperative, or townhome project. CASUALTY LOSS. PERSONAL PROPERTY AND SECURITY DEPOSIT OF DECEASED TENANT. (b) A smoke alarm must be installed on a ceiling or wall. (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. 869, Sec. This subsection shall not affect the landlord's duty under Subchapter B to repair or remedy, at the landlord's expense, wastewater stoppages or backups caused by deterioration, breakage, roots, ground conditions, faulty construction, or malfunctioning equipment. (2) there is no controversy concerning the amount of rent owed. 1168), Sec. 48, Sec. 5, eff. Sec. INSTALLATION PROCEDURE. Aug. 28, 1989. 92.152. LANDLORD'S FAILURE TO INSTALL, INSPECT, OR REPAIR. Amended by Acts 1995, 74th Leg., ch. Jan. 1, 1996. Sept. 1, 1993. (ii) the interior of the unit provides access for building wiring through an attic, crawl space, or basement without the removal of interior walls or ceiling finishes; (2) an addition occurs to the unit at a projected cost of more than $5,000; (3) a smoke alarm powered by alternating current was actually installed in the unit at any time prior to September 1, 1987; or. texas property code reletting fee. (2) the date on which all of the conditions in Subsection (a) have been met. In . Sec. (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. 92.051. Sec. Texas law governing commercial leases is found in Title 8, Chapter 93 of the Texas Property Code. In any litigation under this subsection, the prevailing party shall recover reasonable attorney's fees from the nonprevailing party. 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. Sec. Most leases in Texas are written for initial fixed terms, usually 12 months. If a rental premises is, as a practical matter, totally unusable for residential purposes as a result of a natural disaster such as a hurricane, tornado, flood, extended freeze, or widespread windstorm, a landlord that allows a tenant to move to another rental unit owned by the landlord may not require the tenant to execute a lease for a term longer than the term remaining on the tenant's lease on the date the premises was rendered unusable as a result of the natural disaster. Renumbered from Property Code Sec. Reletting is a penalty for breaking your lease. 92.060. 869, Sec. https://texas.public.law/statutes/tex._prop._code_section_92.019. Aug. 28, 1995; Acts 1995, 74th Leg., ch. 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. Answered on 9/10/03, 6:42 pm. (4) 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, file suit against the landlord and obtain a judgment for: (A) a court order directing the landlord to comply and bring all dwellings owned by the landlord into compliance, if the tenant serving the written request is in possession of the dwelling; (C) punitive damages if the tenant suffers actual damages; (D) a civil penalty of one month's rent plus $500; (F) attorney's fees except in suits for recovery of property damages, personal injuries, or wrongful death. teriyaki chicken donburi wagamama . 1, eff. texas property code reletting fee. (c) A landlord who fails to give notice as required by this section is liable to the tenant for any expense incurred by the tenant as a result of the landlord's failure to give the notice. 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%). LANDLORD 'S FAILURE TO DISCLOSE INFORMATION. HARASSMENT. 257 (H.B. Sept. 1, 1995; Acts 1997, 75th Leg., ch. (D) the agreement is made knowingly, voluntarily, and for consideration. SECURITY DEPOSIT. 257 (H.B. (3) included in an attachment to the lease agreement that is signed by the tenant, but only if the attachment is expressly referred to in the lease agreement. (6) "Keyless bolting device" means a door lock not in the doorknob that locks: (A) with a bolt into a strike plate screwed into the portion of the doorjamb surface that faces the edge of the door when the door is closed or into a metal doorjamb that serves as the strike plate, operable only by knob or lever from the door's interior and not in any manner from the door's exterior, and that is commonly known as a keyless dead bolt; (B) by a drop bolt system operated by placing a central metal plate over a metal doorjamb restraint that protrudes from the doorjamb and that is affixed to the doorjamb frame by means of three case-hardened screws at least three inches in length. (d) A landlord may rebut the presumption provided by Subsection (a) or (b) if despite the diligence of the landlord: (1) the landlord did not know of the tenant's request, without the fault of the landlord; (2) materials, labor, or utilities were unavailable; or. Sept. 1, 1997. Sec. (2) may not be effective before the 14th day after the date notice of the change is delivered to the tenant, unless the change is the result of a construction or utility emergency. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING FAMILY VIOLENCE. Sept. 1, 1987; Acts 1997, 75th Leg., ch. Added by Acts 2005, 79th Leg., Ch. 942, 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. 1367), Sec. (B) does not increase the guarantor's potential financial obligation for rent that existed under the original lease. 588 (S.B. 1367), Sec. 1510), Sec. 92.024. Jan. 1, 1984. (a) Subject to Subsections (b) and (c), a smoke alarm must be installed according to the manufacturer's recommended procedures. If on a ceiling, it must be no closer than six inches to a wall or otherwise located in accordance with the manufacturer's installation instructions. 1439, Sec. (j) A landlord may not submit a claim for damages or unpaid rent to an insurer for insurance described by Subsection (e) unless the landlord notifies the tenant of the damages or unpaid rent indebtedness not later than the 30th day after the date the tenant surrendered possession of the dwelling. 92.104. Charging a reletting (early termination) fee by Anonymous (Texas) on May 13, 2014 @14:19 Share | Is it legal (or common practice) to charge a reletting fee if: a) the tenant gave a few months' notice and b) the new tenant moved in the same day the previous tenant moved out and c) the new tenant was found with no financial cost to the landlord? SECURITY DEVICES REQUIRED WITHOUT NECESSITY OF TENANT REQUEST. Acts 1983, 68th Leg., p. 3653, ch. LIABILITY FOR WITHHOLDING LAST MONTH'S RENT. September 1, 2011. NOTICE OF UTILITY DISCONNECTION OF NONSUBMETERED MASTER METERED MULTIFAMILY PROPERTY TO MUNICIPALITIES, OWNERS, AND TENANTS. (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. Sec. APPLICATION. (3) that the guarantor is liable under a renewal of the lease only if the renewal: (A) involves the same parties as the original lease; and. This is also known as assignment of the lease to a new party. If the writ is disobeyed, the tenant or the tenant's attorney may file in the court in which the reentry 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. (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. Repairs may not be made to the foundation or load-bearing structural elements of the building if it contains two or more dwelling units. 92.005. 4, eff. Amended by Acts 1995, 74th Leg., ch. 7, eff. Jan. 1, 1984. The tenant has resided in the property for three years with fixed term agreements re-negotiated every six months. 92.007. Mark as helpful. If on a wall, it must be no closer than six inches and no farther than 12 inches from the ceiling or otherwise located in accordance with the manufacturer's installation instructions. (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). Sec. (2) 48 inches from the floor, if installed on or after September 1, 1993. 650, Sec. 2, eff. (C) the landlord, prior to the date of discarding the property, has not been contacted by anyone claiming the property. Acts 2015, 84th Leg., R.S., Ch. 92.204. (4) "French doors" means a set of two exterior doors in which each door is hinged and abuts the other door when closed. January 1, 2020. 3, eff. (e) If a tenant, after being furnished with a copy of this subchapter, knowingly violates Subsection (a), the landlord shall have no responsibility after the tenant's death for removal, storage, disappearance, damage, or disposition of property in the tenant's leased premises. (c) Repairs and deductions under this section may be made as often as necessary so long as the total repairs and deductions in any one month do not exceed one month's rent or $500, whichever is greater. SECURITY DEVICES REQUESTED BY TENANT. (C) taping the notice to the inside of the main entry door of the tenant's dwelling. (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. Section 92.259 of the Texas Property Code This section allows a tenant whose landlord did not install, inspect, or repair a smoke alarm in accordance with the law the right to break the lease without going to court. LANDLORD 'S FAILURE TO CORRECT INFORMATION. U.S.C. 92.057(a) and amended by Acts 1995, 74th Leg., ch. (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. Sept. 1, 1995; Acts 1995, 74th Leg., ch. (2) "Bedroom" means an area of a dwelling intended as sleeping quarters. (2) documentation of the stalking from a provider of services described by Subsection (c)(1), (2), or (3) and: (A) a law enforcement incident report or, if a law enforcement incident report is unavailable, another record maintained in the ordinary course of business by a law enforcement agency; and. No further notice from the tenant is necessary in order for the tenant to repair or remedy the condition after a reasonable time has elapsed. Added by Acts 2011, 82nd Leg., R.S., Ch. (b) A customer shall provide written notice of a service disconnection to each tenant or owner at a nonsubmetered master metered multifamily property not later than the fifth day after the date the customer receives a notice of service disconnection from an electric service provider or a gas utility. Acts 2009, 81st Leg., R.S., Ch. LIABILITY OF CERTAIN GUARANTORS UNDER LEASE. 3, eff. 869, Sec. However, this subchapter does not prohibit the adoption of a local ordinance that conforms to this subchapter but which contains additional enforcement provisions. (b) The landlord shall determine that the smoke alarm is in good working order at the beginning of the tenant's possession by testing the smoke alarm with smoke, by operating the testing button on the smoke alarm, or by following other recommended test procedures of the manufacturer for the particular model. (b) If the tenant or the tenant's invited guest removes, misuses, damages, or otherwise disables a fire extinguisher: (1) the landlord is not required to repair or replace the fire extinguisher at the landlord's expense; and. (b) If a rental applicant requests that any acceptance of the applicant or any refund of the applicant's application deposit be mailed to the applicant, the landlord must mail the refund check to the applicant at the address furnished by the applicant. (2) United States mail, addressed to the applicant and postmarked on or before the required date. (4) documentation of a protective order issued under Subchapter A, Chapter 7B, Code of Criminal Procedure, except for a temporary ex parte order. 1, eff. (e) The owner of a dwelling shall reimburse a management company, managing agent, or on-site manager for costs expended by that person in complying with this subchapter. (12) "Sliding door handle latch" means a latch or lock: (A) located near the handle on a sliding glass door; (B) operated with or without a key; and. TENANT REMEDIES FOR OTHER LANDLORD VIOLATIONS. 92.056. (3) after the tenant gives a repair notice to the landlord and after 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. You can't make the best decision for your situation until you . 2, eff. It's also a good option if you don't want to take responsibility for the new tenant and any damage they might cause to the apartment. (C) designed to prevent the door from being opened. (f) The landlord is not obligated to provide batteries for a battery-operated smoke alarm after a tenant takes possession if the smoke alarm was in good working order at the time the tenant took possession. (b) A landlord's duties and the tenant's remedies concerning security devices, the landlord's disclosure of ownership and management, or smoke alarms, as provided by Subchapter D, E, or F, respectively, may be enlarged only by specific written agreement. January 1, 2020. January 1, 2014. 15, eff. Original Source: 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. 576, Sec. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING TENANT'S DEATH. 1120), Sec. 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. (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. Jan. 1, 1996. 969 (H.B. 2118), Sec. 15 (S.B. Prop. PROVISIONS GENERALLY APPLICABLE TO LANDLORDS AND TENANTS Sec. (4) "Deposited" means deposited in an account of the landlord or the landlord's agent in a bank or other financial institution. Sec. (b) If a smoke alarm powered by battery has been installed in a dwelling unit built before September 1, 1987, in compliance with this subchapter and local ordinances, a local ordinance may not require that a smoke alarm powered by alternating current be installed in the unit unless: (1) the interior of the unit is repaired, remodeled, or rebuilt at a projected cost of more than $5,000 and: (A) the repair, remodeling, or rebuilding requires a municipal building permit; and, (i) the repair, remodeling, or rebuilding results in the removal of interior walls or ceiling finishes exposing the structure; or. (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. (c) The expense of rekeying security devices for purposes of the use or change of the landlord's master key must be paid by the landlord. 689, Sec. 1072 (H.B. 92.1031. 189 (S.B. harp funeral notices merthyr tydfil best owb holster for s&w governor texas property code reletting fee. 1072 (H.B. TENANT'S FORWARDING ADDRESS. (c) Notwithstanding Subsection (b), a landlord is not required to disclose on the notice that the landlord is aware that a dwelling is located in a 100-year floodplain if the elevation of the dwelling is raised above the 100-year floodplain flood levels in accordance with federal regulations. 1276, Sec. DUTY TO REPAIR OR REPLACE. 19, eff. 1, eff. Sec. (3) the landlord is expressly required or permitted to periodically check on the well-being or health of the tenant as a part of a written lease or other written agreement. (b) If the dwelling has French doors, one door of each pair of French doors must meet the requirements of Subsection (a) and the other door must have: (1) a keyed dead bolt or keyless bolting device capable of insertion into the doorjamb above the door and a keyless bolting device capable of insertion into the floor or threshold, each with a bolt having a throw of one inch or more; or. 92.004. 1, eff. 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. (a) A landlord's liability under this section is subject to Section 92.052(b) regarding conditions that are caused by a tenant and Section 92.054 regarding conditions that are insured casualties. 744, Sec. 17.001(64), eff. 31.01(71), eff. This is referred to as the landlord's duty to "mitigate damages". 9, eff. The notice must include a written description and itemized list of all damages, if any, and of unpaid rent, if any, including the dates the rent payments were due. Texas Homes Realty & Management_ 633 E. Fernhurst Dr., Suite 701, Katy, TX 77450 (281) 646-9929 Office (281) 667-3247 Fax www.texashomesrealty.com (c) A landlord's duties and the tenant's remedies under Subchapter B, which covers conditions materially affecting the physical health or safety of the ordinary tenant, may not be waived except as provided in Subsections (d), (e), and (f) of this section. A tenant's guest or invitee who suffers damage because the tenant removed a battery without immediately replacing it with a working battery or because the tenant knowingly disconnected or intentionally damaged the smoke alarm, causing it to malfunction, may recover a judgment against the tenant for the damage. DEFINITIONS. (2) the landlord has given notice to the tenant that the landlord intends to exercise the landlord's remedies under this subchapter if the tenant does not reconnect, repair, or replace the smoke alarm or replace the removed battery within seven days after being notified by the landlord to do so. 92.0135. Sec. Acts 2019, 86th Leg., R.S., Ch. (j) A person who receives information under Subsection (c), (c-1), or (d) may not disclose the information to any other person except for a legitimate or customary business purpose or as otherwise required by law. 1772), Sec. Added by Acts 2003, 78th Leg., ch. If another provision of this subchapter conflicts with this section, this section controls. (C) refund the tenant's security deposit, less lawful deductions, to the person designated under Subdivision (1). 3101), Sec. The tenant has the burden of proving that the misuse or damage was caused by another party.