Sec. (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. LANDLORD'S FAILURE TO CORRECT INFORMATION. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. (d) A provision of a lease that purports to waive a right or exempt a party from a liability or duty under this section is void. 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. (2) a door viewer if the door does not have a door viewer. 576, Sec. SECURITY DEVICES REQUESTED BY TENANT. 1, eff. (l) A deferred payment plan for the purposes of this section must be in writing. (f) A tenant who terminates a lease under Subsection (b) is released from all liability for any delinquent, unpaid rent owed to the landlord by the tenant on the effective date of the lease termination if the lease does not contain language substantially equivalent to the following: "Tenants may have special statutory rights to terminate the lease early in certain situations involving family violence or a military deployment or transfer.". Another good online resource for tenants can be found at www.texaslawhelp.org. (e) This section relates only to a fee, charge, or other sum of money required to be paid under the lease if rent is not paid as provided by Subsection (a)(3), and does not affect the landlord's right to terminate the lease or take other action permitted by the lease or other law. Sec. 650, Sec. Jan. 1, 1984. 48, Sec. 4, eff. Sept. 1, 1995. Amended by Acts 1985, 69th Leg., ch. Amended by Acts 1997, 75th Leg., ch. 92.053. (last accessed Jun. (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. In addition to court costs and reasonable attorney's fees, a tenant who prevails under this subsection may recover from the landlord the greater of one month's rent or $500 for each violation of this section. DEFINITIONS. Tweet Twitter . 683, Sec. Amended by Acts 1993, 73rd Leg., ch. 92.259. Renumbered from Property Code Sec. (2) checking to ensure the fire extinguisher gauge or pressure indicator indicates the correct pressure as recommended by the manufacturer of the fire extinguisher. Acts 1983, 68th Leg., p. 3639, ch. 1, eff. 10.1 Your Responsibility. (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. 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. Acts 1983, 68th Leg., p. 3640, ch. 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. 3101), Sec. (g) 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. 1205, Sec. The fee for service of a writ of reentry is the same as that for service of a writ of possession. Notice in person may be by personal delivery to the tenant or any person residing at the tenant's dwelling who is 16 years of age or older or by personal delivery to the tenant's dwelling and affixing the notice to the inside of the main entry door. Acts 1983, 68th Leg., p. 3632, ch. Renumbered from Sec. (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. Basically, it's the part of the Texas property code that states that the landlord must do their due diligence to rent out the home to someone else to "mitigate damages". Sec. 337 (H.B. SMOKE ALARM. REKEYING OR CHANGE OF SECURITY DEVICES. (2) enter the payment date and amount in a record book maintained by the landlord. 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. (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). Added by Acts 2019, 86th Leg., R.S., Ch. (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. 1, eff. (a) If a condition results from an insured casualty loss, such as fire, smoke, hail, explosion, or a similar cause, the period for repair does not begin until the landlord receives the insurance proceeds. 869, 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. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 92.158 and amended 2001, 77th Leg., ch. 1, eff. (c) A security device required by Subsection (a) or (b) must be installed at the landlord's expense. 31.01(71), eff. This is because under Texas law (Tex. 337 (H.B. 257 (H.B. Added by Acts 1995, 74th Leg., ch. NONRETALIATION. . January 1, 2014. (3) "Co-applicant" means a person who makes an application for rental of a dwelling with other applicants and who plans to live in the dwelling with other applicants. A landlord's duty to install a smoke alarm under Subchapter F may not be waived, nor may a tenant waive a remedy for the landlord's noninstallation or waive the tenant's limited right of installation and removal. 92.262. June 20, 2003. bosch b22ct80sns01 ice maker not working; texas property code reletting fee. 1448), Sec. (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). 92.355. PAYMENT OF CHARGES; LIMITS ON AMOUNT CHARGED. A party who prevails in a suit brought under this subsection may recover court costs and reasonable attorney's fees from the other party. (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. On receipt of an affidavit, the justice shall issue a show cause order, directing the person to appear on a designated date and show cause why he should not be adjudged in contempt of court. Aug. 28, 1989; Acts 1997, 75th Leg., ch. (b) Termination of a lease under this section is effective on the later of: (1) the 30th day after the date on which the notice under Subsection (a) was provided; or. 92.352. 1, eff. Sec. 1, eff. September 1, 2007. 4, eff. September 1, 2019. Sec. (f) If the landlord fails to request a hearing on the tenant's sworn complaint for reentry before the eighth day after the date of service of the writ of reentry on the landlord under Subsection (d), a judgment for court costs may be rendered against the landlord. OCCUPANCY LIMITS. texas property code reletting fee texas property code reletting fee (a) A landlord is liable according to this subchapter if: (1) the landlord did not install a smoke alarm at the time of initial occupancy by the tenant as required by this subchapter or a municipal ordinance permitted by this subchapter; or. Following delivery of the affidavit, the landlord must continue diligent efforts to repair or remedy the condition. Jan. 1, 1984. 3, eff. 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. 1488), Sec. January 1, 2006. 92.161. 824 (S.B. 917 (H.B. 92.057(d) and amended by Acts 1995, 74th Leg., ch. 48, Sec. 2.63, eff. 576, Sec. 1168), Sec. September 1, 2017. 92.302. 5, eff. 1168), Sec. (8) "Multiunit complex" means two or more dwellings in one or more buildings that are: (B) managed by the same owner, agent, or management company; and. If you move out before your lease is up, your landlord may subtract a reletting fee from your security deposit. LATE PAYMENT OF RENT; FEES. Jan. 1, 1984. 92.0131. Redesignated from Property Code Sec. (k) If a tenant in bad faith files a sworn complaint for reentry resulting in a writ of reentry 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. 14, eff. (a) A landlord may not require a tenant to pay for repair or replacement of a security device due to normal wear and tear. (7) "Landlord" means a dwelling owner, lessor, sublessor, management company, or managing agent, including an on-site manager. (C) designed to prevent the door from being opened. (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. 1, eff. Landlords who violate these rules could end up owing the tenant $100, three times the amount of the late fee that was wrongfully collected, and the tenant's attorneys' fees. Amended by Acts 1995, 74th Leg., ch. CASUALTY LOSS. 1168), Sec. 2118), Sec. 13, eff. (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. They must notify the landlord in writing of their wish to have the smoke alarm installed or repaired before doing so. Acts 1983, 68th Leg., p. 3648, ch. (3) a copy of the settled claim that documents payments made by the insurer to the landlord. (h) A security device required by this section must be operable throughout the time a tenant is in possession of a dwelling. 92.167. Most commonly, an early termination fee is two months' rent. 1, eff. (2) at the time the tenant receives such evidence, the tenant has not yet terminated the lease or filed suit under this section. (b) An eviction or lease termination based on the following circumstances, which are valid grounds for eviction or lease termination in any event, does not constitute retaliation: (1) the tenant is delinquent in rent when the landlord gives notice to vacate or files an eviction action; (2) the tenant, a member of the tenant's family, or a guest or invitee of the tenant intentionally damages property on the premises or by word or conduct threatens the personal safety of the landlord, the landlord's employees, or another tenant; (3) the tenant has materially breached the lease, other than by holding over, by an action such as violating written lease provisions prohibiting serious misconduct or criminal acts, except as provided by this section; (4) the tenant holds over after giving notice of termination or intent to vacate; (5) the tenant holds over after the landlord gives notice of termination at the end of the rental term and the tenant does not take action under Section 92.331 until after the landlord gives notice of termination; or. (3) move out at our demand because of your default; or. 1072 (H.B. 683, Sec. (g) eff. Mark as helpful. 1112, Sec. 83), Sec. Added by Acts 1995, 74th Leg., ch. 92.170. 92.0562. Sec. 76, Sec. 1, eff. Added by Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1995. 1, eff. Amended by Acts 1993, 73rd Leg., ch. (e) Except as provided in Subsection (f), a tenant to whom a landlord is liable under Subsection (b) of this section may: (2) have the condition repaired or remedied according to Section 92.0561; (3) deduct from the tenant's rent, without necessity of judicial action, the cost of the repair or remedy according to Section 92.0561; and. Amended by Acts 2003, 78th Leg., ch. (a) A smoke alarm must be: (1) designed to detect both the visible and invisible products of combustion; (2) designed with an alarm audible to a person in the bedrooms it serves; and. Sec. Amended by Acts 1989, 71st Leg., ch. (a) A tenant is liable according to this subchapter if the tenant removes a battery from a smoke alarm without immediately replacing it with a working battery or knowingly disconnects or intentionally damages a smoke alarm, causing it to malfunction. How much does it cost to break a lease in Texas? 650, Sec. 531), Sec. (g) If the landlord is liable to the tenant under Section 92.056 and if a new landlord, in good faith and without knowledge of the tenant's notice of intent to repair, has acquired title to the tenant's dwelling by foreclosure, deed in lieu of foreclosure, or general warranty deed in a bona fide purchase, then the following shall apply: (1) The tenant's right to terminate the lease under this subchapter shall not be affected, and the tenant shall have no duty to give additional notice to the new landlord. Acts 1983, 68th Leg., p. 3639, ch. The term does not include a kitchen, dining room, bathroom, living room, utility room, or closet or storage area of a dwelling. 576, Sec. 15 (S.B. 917 (H.B. (3) by e-mail if the parties have communicated by e-mail regarding the lease. (10) "Rekey" means to change or alter a security device that is operated by a key, card, or combination so that a different key, card, or combination is necessary to operate the security device. 2, eff. 165, Sec. The writ of reentry must notify the landlord of the right to a hearing. (f) A landlord who violates Subsection (b), (c), (d), or (e) is liable for a civil penalty in the amount of $100 plus any towing or storage costs that the tenant incurs as a result of the towing of the tenant's vehicle. (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. Aug. 28, 1995. Acts 2007, 80th Leg., R.S., Ch. (2) entered into a deferred payment plan that complies with Subsection (l). Added by Acts 2007, 80th Leg., R.S., Ch. 92.026. (c) For purposes of Subsection (b)(4) or (5), a landlord is considered to have received the tenant's notice when the landlord or the landlord's agent or employee has actually received the notice or when the United States Postal Service has attempted to deliver the notice to the landlord. 91.002 by Acts 1987, 70th Leg., ch. 92.353. (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.