(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. 1, eff. (g) A smoke alarm that is in good working order at the beginning of a tenant's possession is presumed to be in good working order until the tenant requests repair of the smoke alarm as provided by this subchapter. 869, Sec. Renumbered from Sec. 576, Sec. Renumbered from Property Code Sec. 3, eff. 650, Sec. 1, eff. Added by Acts 1999, 76th Leg., ch. September 1, 2011. Sept. 1, 1993. There shall be a rebuttable presumption that the landlord acted in good faith and with continued diligence for the first affidavit for delay the landlord delivers to the tenant. What's the Difference Between a Lease Termination Charge and a Jan. 1, 1998. September 1, 2015. Aug. 31, 1987. A party who prevails in a suit under this subsection may recover court costs and reasonable attorney's fees from the other party. 92.102. 1198 (S.B. Acts 2009, 81st Leg., R.S., Ch. (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. Sec. (B) the agreement for repairs by the tenant is either underlined or printed in boldface in the lease or in a separate written addendum; (C) the agreement is specific and clear; and. 92.059 and amended by Acts 1995, 74th Leg., ch. Jan. 1, 1984. HEIGHT, STRIKE PLATE, AND THROW REQUIREMENTS--KEYED DEAD BOLT OR KEYLESS BOLTING DEVICE. (c) The landlord has the burden of pleading and proving, by clear and convincing evidence, that the landlord gave the tenant the required notice of the illegality and the penalties and that the tenant's violation was done in bad faith. (e) If the landlord rejects an applicant and the landlord has not made the notice required by Subsection (a) available, the landlord shall return the application fee and any application deposit. Amended by Acts 1993, 73rd Leg., ch. 921 (H.B. Jan. 1, 1984. 2, eff. (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. EFFECT ON OTHER LANDLORD DUTIES AND TENANT REMEDIES. (3) move out at our demand because of your default; or. harp funeral notices merthyr tydfil best owb holster for s&w governor texas property code reletting fee. 92.062. The re-let fee is turned in at the same time as your keys once you have officially moved out. (i) the date the electric service has been interrupted; (ii) a location where the tenant may go during the landlord's normal business hours to make arrangements to pay the bill to reestablish interrupted electric service; (iii) the amount that must be paid to reestablish electric service; (iv) a statement providing that when the tenant makes a payment to reestablish electric service, a landlord may not apply that payment to rent or other amounts owed under the lease; (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. (i) Unless a dangerous condition exists or the tenant requests disconnection, a landlord may not interrupt or cause the interruption of electric service under Subsection (h) on a day: (1) on which the landlord or a representative of the landlord is not available to collect electric bill payments and reestablish electric service; (2) that immediately precedes a day described by Subdivision (1); or, (A) the previous day's highest temperature did not exceed 32 degrees Fahrenheit and the temperature is predicted to remain at or below that level for the next 24 hours according to the nearest National Weather Service reports; or. 1367), Sec. 938, Sec. (e) If the requirements of Subsection (d) of this section are met, a tenant may: (1) have the condition repaired or remedied immediately following the tenant's notice of intent to repair if the condition involves sewage or flooding as referred to in Paragraph (A) of Subdivision (3) of Subsection (d) of this section; (2) have the condition repaired or remedied if the condition involves a cessation of potable water as referred to in Paragraph (A) of Subdivision (3) of Subsection (d) of this section and if the landlord has failed to repair or remedy the condition within three days following the tenant's delivery of notice of intent to repair; (3) have the condition repaired or remedied if the condition involves inadequate heat or cooled air as referred to in Paragraph (C) of Subdivision (3) of Subsection (d) of this section and if the landlord has failed to repair the condition within three days after delivery of the tenant's notice of intent to repair; or. 869, Sec. Re: Reletting Fee. 1367), Sec. 744, Sec. texas property code reletting fee - coastbotanik.ca January 1, 2010. Jan. 1, 1984. Jan. 1, 1984. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Redesignated from Property Code Sec. (c) This section does not apply to or affect a local ordinance governing a landlord's obligation to provide a 24-hour emergency contact number to a tenant that is adopted before January 1, 2008, if the ordinance conforms with or is amended to conform with this section. If management company employees perform the work, the charge may include reasonable overhead and profit but may not exceed the cost charged to the owner by the management company for comparable security devices installed by management company employees at the owner's request and expense. (2) United States mail, addressed to the applicant and postmarked on or before the required date. Sec. Jan. 1, 1984. (2) a copy of documentation of the family violence against the tenant or an occupant from: (A) a licensed health care services provider who examined the victim; (B) a licensed mental health services provider who examined or evaluated the victim; or. Acts 2005, 79th Leg., Ch. (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. 650, Sec. 1, eff. 744, Sec. Sec. (C) by a metal bar or metal tube that is placed across the entire interior side of the door and secured in place at each end of the bar or tube by heavy-duty metal screw hooks. (a) In this section: (1) "Customer" means a person who is responsible for bills received for electric utility service or gas utility service provided to nonsubmetered master metered multifamily property. 2, eff. (2) date the landlord accepts an application deposit if the landlord does not furnish the applicant an application form. (a) The tenant may not withhold payment of any portion of the last month's rent on grounds that the security deposit is security for unpaid rent. Sec. Mark as helpful. 92.104. Sec. 9, eff. 576, Sec. Sept. 1, 1997. (3) 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. 650, Sec. Jan. 1, 1984. 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. The fee for service of a writ of restoration of utility service is the same as that for service of a writ of possession. 91.001. 92.107. (2) increasing rent or reducing services as part of a pattern of rent increases or service reductions for an entire multidwelling project. 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. Acts 1983, 68th Leg., p. 3633, ch. Sec. Acts 1983, 68th Leg., p. 3649, ch. January 1, 2010. 1, eff. You are obligated to pay whatever the move out notice indicates, which you signed and, apparently, agreed to, for each and every month until the apartment is rented to a new tenant or until the date your lease expires, whichever comes first. However, a landlord may deactivate or remove the locking mechanism of a doorknob lock or remove any device not qualifying as a keyless bolting device if a keyed dead bolt has been installed on the same door. If the justice finds, after considering the evidence at the hearing, that the person has directly or indirectly disobeyed the writ, the justice may commit the person to jail without bail until the person purges himself of the contempt in a manner and form as the justice may direct. Tenant's Right to Break a Rental Lease in Texas | Nolo 917 (H.B. Jan. 1, 1984. (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. 576, Sec. Sec. Jan. 1, 1984. Amended by Acts 1993, 73rd Leg., ch. (c) If a security device required by Section 92.153 to be installed on or after January 1, 1995, without necessity of a tenant's request has not been installed by the landlord, the tenant may request the landlord to immediately install it, and the landlord shall immediately install it at the landlord's expense. Is rent acceleration legal in Texas? - Law Stack Exchange (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. DUTY TO REPAIR OR REPLACE. They must notify the landlord in writing of their wish to have the smoke alarm installed or repaired before doing so. CASUALTY LOSS. (p) A landlord who provides notice in accordance with Subsection (h) may not apply a payment made by a tenant to avoid interruption of electric service or reestablish electric service to rent or any other amounts owed under the lease. 92.332. 1112 (H.B. (4) establishes, attempts to establish, or participates in a tenant organization. 92.002. Sec. APPLICATION. 576, Sec. REMEDIES. 6, eff. (2) knows or has reason to know that the requirements of the subsection granting the exemption are not fulfilled. Aug. 28, 1989. Texas Homes Realty & Management_ 633 E. Fernhurst Dr., Suite 701, Katy, TX 77450 (281) 646-9929 Office (281) 667-3247 Fax www.texashomesrealty.com (i) If the landlord or the person on whom a writ of restoration of utility service is served fails to immediately comply with the writ or later disobeys the writ, the failure is grounds for contempt of court against the landlord or the person on whom the writ was served under Section 21.002, Government Code. (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). 92.020. (4) "French doors" means a set of two exterior doors in which each door is hinged and abuts the other door when closed. (b) A provision of a lease that purports to waive a right or to exempt a landlord from a liability or duty under this section is void. (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. NONRETALIATION. 5, eff. Reletting Expenses Definition | Law Insider texas property code reletting fee. So you may not have to pay much, if any additional rent, if you break your lease. 91.002 by Acts 1987, 70th Leg., ch. (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. Acts 2019, 86th Leg., R.S., Ch. texas property code reletting fee - sophrologie-dahan.fr Acts 2007, 80th Leg., R.S., Ch. (3) of the charges for each option described by Subdivision (1) or (2). 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. Jan. 1, 1984. EVICTION SUITS. (3) "Exterior door" means a door providing access from a dwelling interior to the exterior. Added by Acts 1995, 74th Leg., ch. If the tenant's rent payment to the landlord is subsidized in whole or in part by a governmental entity, the civil penalty granted under this section shall reflect the fair market rent of the dwelling plus $500. (D) the agreement is made knowingly, voluntarily, and for consideration. 92.1041. 1112 (H.B. 6, eff. Acts 1983, 68th Leg., p. 3648, ch. (d) The tenant's notice under Subsection (a) must be in writing only if the tenant's lease is in writing and requires written notice. 946), Sec. Sec. Texas Property Code Section 53.156 - Costs and Attorney's Fees Texas Statutes Prop. 6, eff. 12, eff. (b) If more than one tenant is a party to the lease, not later than the third business day after the date a landlord receives a written request for a copy of a lease from a tenant who has not received a copy of the lease under Subsection (a), the landlord shall provide one complete copy of the lease to the requesting tenant. Acts 2005, 79th Leg., Ch. 687, Sec. 1293), Sec. January 1, 2006. Acts 2011, 82nd Leg., R.S., Ch. Acts 1983, 68th Leg., p. 3648, ch. 1, eff. 942, Sec. Oral notices of change are insufficient. These expenses cover marketing and qualifying new tenants. Sec. The tenant selection criteria may include factors such as criminal history, credit history, current income, and rental history. Aug. 26, 1985. (c) The justice, county, and district courts have concurrent jurisdiction in an action under Subsection (a). 348 (S.B. Sept. 1, 2001. Acts 2019, 86th Leg., R.S., Ch. 16, eff. Jan. 1, 1996. (C) located on the same lot or tract or adjacent lots or tracts of land. (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. (a) The landlord shall inspect and repair a smoke alarm according to this section. 1186), Sec. LANDLORD'S DEFENSE. (j) This section does not affect a tenant's right to pursue a separate cause of action under Section 92.0081. 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. Sept. 1, 1999. 1, eff. PDF Deeds and the Texas Recording Statutes - Texas A&M University Amended by Acts 1985, 69th Leg., ch. 177), Sec. (a) For purposes of this section, "dependent," "military service," and "servicemember" have the meanings assigned by 50 App. (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). 869, Sec. 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. (B) does not increase the guarantor's potential financial obligation for rent that existed under the original lease. 92.019 Late Payment of Rent; Fees (a) A landlord may not collect from a tenant a late fee for failing to pay any portion of the tenant's rent unless: (1) notice of the fee is included in a written lease; (2) the fee is reasonable; and (3) 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%). (m) A landlord may not interrupt or cause the interruption of electric service under Subsection (h) to a tenant who receives energy assistance for a billing period during which the landlord receives a pledge, letter of intent, purchase order, or other notification that the energy assistance provider is forwarding sufficient payment to continue the electric service. 2, eff. 31.01(71), eff. texas property code reletting fee; Posted on June 29, 2022; By . 126, Sec. A waiver under this section must be signed and in writing in a document separate from the lease and must comply with federal law. Jan. 1, 1996. (b) A management company or managing agent who is not the owner of a dwelling and who has not purported to be the owner in the lease has a defense to liability under Sections 92.164 and 92.165 if before the date the tenant is in possession of the dwelling or the date of the tenant's request for installation, repair, replacement, change, or rekeying and before any property damage or personal injury to the tenant, the management company or managing agent: (1) did not have funds of the dwelling owner in its possession or control with which to comply with this subchapter; (2) made written request to the dwelling owner that the owner fund and allow installation, repair, change, replacement, or rekeying of security devices as required under this subchapter and mailed the request, certified mail return receipt requested, to the dwelling owner; and. 2, eff. 92.201. 2, eff. (c) If the tenant is a victim or a parent or guardian of a victim of sexual assault under Section 22.011, Penal Code, aggravated sexual assault under Section 22.021, Penal Code, indecency with a child under Section 21.11, Penal Code, sexual performance by a child under Section 43.25, Penal Code, continuous sexual abuse of young child or disabled individual under Section 21.02, Penal Code, or an attempt to commit any of the foregoing offenses under Section 15.01, Penal Code, that takes place during the preceding six-month period on the premises or at any dwelling on the premises, the tenant shall provide to the landlord or the landlord's agent a copy of: (1) documentation of the assault or abuse, or attempted assault or abuse, of the victim from a licensed health care services provider who examined the victim; (2) documentation of the assault or abuse, or attempted assault or abuse, of the victim from a licensed mental health services provider who examined or evaluated the victim; (3) documentation of the assault or abuse, or attempted assault or abuse, of the victim from an individual authorized under Chapter 420, Government Code, who provided services to the victim; or. Sec. (c) After receipt of the notice provided under Subsection (a), the landlord shall provide a copy of the written lease agreement to the person who provided the notice on written request of that person. 576, Sec. 92.255. Amended by Acts 1989, 71st Leg., ch. (5) "Premises" means a tenant's rental unit, any area or facility the lease authorizes the tenant to use, and the appurtenances, grounds, and facilities held out for the use of tenants generally. (C) refund the tenant's security deposit, less lawful deductions, to the person designated under Subdivision (1). NOTICE FOR TERMINATING CERTAIN TENANCIES. HARASSMENT. (C) the landlord, prior to the date of discarding the property, has not been contacted by anyone claiming the property. If the lease is terminated, the tenant is entitled only to a pro rata refund of rent from the date the tenant moves out and to a refund of any security deposit otherwise required by law. Sec. 92.0562. Acts 1983, 68th Leg., p. 3652, ch. Sec. (l) This section does not affect the ability of a landlord to pursue other available remedies, including the remedies provided by Chapter 24. (2) the landlord fails to correct the information on or before the seventh day after the date the tenant gives the landlord written notice that the tenant may exercise the remedies under this subchapter if the corrected information is not provided within seven days. If you do not meet the selection criteria, or if you provide inaccurate or incomplete information, your application may be rejected and your application fee will not be refunded.". However . Amended by Acts 1989, 71st Leg., ch. Our contract says we have to give 60 days notice and pay a reletting fee ($1730), plus back-paying the rent concession ($357 per month) we got for signing a year lease, either that or we are liable for the entire years rent (6 x 1678). 1, eff. (b) If a dwelling unit was occupied as a residence before September 1, 2011, or a certificate of occupancy was issued for the dwelling unit before that date, a smoke alarm installed in accordance with Subsection (a) may be powered by battery and is not required to be interconnected with other smoke alarms, except that a smoke alarm that is installed to replace a smoke alarm that was in place on the date the dwelling unit was first occupied as a residence must comply with residential building code standards that applied to the dwelling unit on that date or Section 92.252(b). Added by Acts 2007, 80th Leg., R.S., Ch. (5) the landlord may discard the property removed by the landlord from the tenant's leased premises if: (A) the landlord has mailed a written request by certified mail, return receipt requested, to the person designated under Subsection (a) or (b), requesting that the property be removed; (B) the person failed to remove the property by the 30th day after the postmark date of the notice; and. Acts 1983, 68th Leg., p. 3632, ch. (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.
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