It prohibits them for withholding a portion of the deposit for repairs of conditions caused by normal wear and tear. 83), Sec. Acts 2011, 82nd Leg., R.S., Ch. (c) If after a casualty loss the rental premises are partially 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, the tenant is entitled to reduction in the rent in an amount proportionate to the extent the premises are unusable because of the casualty, but only on judgment of a county or district court. 91.002 by Acts 1987, 70th Leg., ch. 48, Sec. (2) if an entity located off-site from the dwelling is primarily responsible for managing the dwelling, the name and street address of the management company. 1399), Sec. The reconnection fee must be computed based on the average cost to the landlord for the expenses associated with the reconnection, but may not exceed $10. Added by Acts 2013, 83rd Leg., R.S., Ch. Added by Acts 1995, 74th Leg., ch. 1, eff. BURDEN OF PROOF. Sec. Jan. 1, 1996. The notice must be given at the time of the reduced rent payment. 337 (H.B. (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. (b) A landlord who in bad faith does not provide a written description and itemized list of damages and charges in violation of this subchapter: (1) forfeits the right to withhold any portion of the security deposit or to bring suit against the tenant for damages to the premises; and. (15) "Tenant turnover date" means the date a tenant moves into a dwelling under a lease after all previous occupants have moved out. Sept. 1, 1999. Prop. 1, eff. TENANT REMEDIES. Added by Acts 2007, 80th Leg., R.S., Ch. 576, Sec. NOTICE OF ELIGIBILITY REQUIREMENTS. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 92.207. The written notice must include the customer's contact information and the tenant's remedies under Section 92.301. 92.255. (b) If the tenant gives notice under Subsection (a)(2) and the tenant's lease is in writing, the lease may require the tenant to make the initial request for installation, inspection, or repair of a smoke alarm in writing. September 1, 2019. 1344 (S.B. Misuse of or damage to a security device that occurs during the tenant's occupancy is presumed to be caused by the tenant, a family member, an occupant, or a guest. (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. Sec. This was expected because the tenant kept the property manager well informed throughout the process. (3) a delay was caused by circumstances beyond the landlord's control, including the illness or death of the landlord or a member of the landlord's immediate family. 1, eff. (4) The tenant's judicial remedies under Section 92.0563 shall be limited to recovery against the landlord to whom the tenant gave the required notices until the tenant has given the new landlord the notices required by this section and otherwise complied with Section 92.056 as to the new landlord. (2) sign a statement authorizing the landlord in the event of the tenant's death to: (A) grant to the person designated under Subdivision (1) access to the premises at a reasonable time and in the presence of the landlord or the landlord's agent; (B) allow the person designated under Subdivision (1) to remove any of the tenant's property found at the leased premises; and. (e) A fee collected under this section may be used to purchase insurance coverage for damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease. (B) 48 inches from the floor, if installed on or after September 1, 1993. (11) "Security device" means a doorknob lock, door viewer, keyed dead bolt, keyless bolting device, sliding door handle latch, sliding door pin lock, sliding door security bar, or window latch in a dwelling. The Texas Legislature amended Section 207.003 and set a maximum fee that may [] (b) A provision in a lease is void if the provision purports to: (1) waive a 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. LANDLORD LIABILITY TO TENANT FOR UTILITY CUTOFF. (4) affect a local ordinance that requires regular inspections by local officials of smoke alarms in dwelling units and that requires smoke alarms to be operational at the time of inspection. Aug. 28, 1989. The re-let fee does not include any cleaning or repair fees you are charged. 651 (H.B. (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. (a) The landlord is not obligated to return a tenant's security deposit or give the tenant a written description of damages and charges until the tenant gives the landlord a written statement of the tenant's forwarding address for the purpose of refunding the security deposit. 348 (S.B. (f) A tenant who elects to terminate the lease under Subsection (e) is: (1) entitled to a pro rata refund of rent from the date of termination or the date the tenant moves out, whichever is later; (2) entitled to deduct the tenant's security deposit from the tenant's rent without necessity of lawsuit or obtain a refund of the tenant's security deposit according to law; and. (b) Disclosure to a tenant under Subsection (a) must be made by: (1) giving the information in writing to the tenant on or before the seventh day after the day the landlord receives the tenant's request for the information; (2) continuously posting the information in a conspicuous place in the dwelling or the office of the on-site manager or on the outside of the entry door to the office of the on-site manager on or before the seventh day after the date the landlord receives the tenant's request for the information; or. Reletting Fee & Finding a New Tenant As a Texas landlord, you are required by the State to find a new tenant if your current tenant chooses to break the lease. (d) The writ of restoration of utility service 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 suit. (2) there is no controversy concerning the amount of rent owed. 917 (H.B. (C) located on the same lot or tract or adjacent lots or tracts of land. 917 (H.B. LANDLORD'S DUTY TO REPAIR OR REPLACE SECURITY DEVICE. 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. A landlord who has provided information under Subdivision (2) or (3) of Subsection (b) of Section 92.201 is liable to a tenant according to this subchapter if: (1) the information becomes incorrect because a name or address changes; and. The same if you're forced to move out because of lease violations. 92.353. 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. (2) impose monetary or other penalties on a tenant who summons police or emergency assistance if the assistance was requested or dispatched based on the tenant's reasonable belief that an individual was in need of intervention or emergency assistance. Categories craigslist phoenix jobs general labor. (a) A landlord shall disclose to a tenant, or to any government official or employee acting in an official capacity, according to this subchapter: (1) the name and either a street or post office box address of the holder of record title, according to the deed records in the county clerk's office, of the dwelling rented by the tenant or inquired about by the government official or employee acting in an official capacity; and. 576, Sec. (2) the fee is used to purchase insurance coverage for damages and unpaid rent for which the tenant is legally liable under the lease or as a result of breaching the lease. 92.026. 4, eff. LANDLORD'S AGENT FOR SERVICE OF PROCESS. (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. 650, Sec. (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. Added by Acts 2005, 79th Leg., Ch. (b) This section does not preclude a cause of action for negligence in leasing of a dwelling by a landlord or a landlord's manager or agent to a tenant, if: (A) was convicted of an offense listed in Article 42A.054, Code of Criminal Procedure; or, (B) has a reportable conviction or adjudication, as defined by Article 62.001, Code of Criminal Procedure; and. (k) The fee for filing a sworn complaint for restoration of utility service is the same as that for filing a civil action in justice court. Acts 2021, 87th Leg., R.S., Ch. 3, eff. Sec. Acts 2013, 83rd Leg., R.S., Ch. 2, eff. 92.335. Jan. 1, 1984. 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. texas property code reletting fee. Sec. Reletting fees are allowed under Texas state law, but they can't be so high they would be considered excessive by a judge. (a) Except as provided by Subsections (b) and (c), a landlord must comply with a tenant's request for rekeying, changing, installing, repairing, or replacing a security device under Section 92.156, 92.157, or 92.158 within a reasonable time. 1072 (H.B. 576, Sec. (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. (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. 200, Sec. (d) A landlord to whom Subsection (a) does not apply must provide to a tenant a telephone number for the purpose of reporting emergencies described by that subsection. 92.332 by Acts 1997, 75th Leg., ch. (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. (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. (a-1) For purposes of this section, a late fee is considered reasonable if: (A) 12 percent of the amount of rent for the rental period under the lease for a dwelling located in a structure that contains not more than four dwelling units; or, (B) 10 percent of the amount of rent for the rental period under the lease for a dwelling located in a structure that contains more than four dwelling units; or. The notice shall also contain a reasonable description of the intended repair or remedy. (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. Jan. 1, 1998. (e) The landlord is entitled to a hearing on the tenant's sworn complaint for restoration of utility service. 92.0081. 3, eff. 92.008(b) to (f) and amended by Acts 1995, 74th Leg., ch. LEASE WITHOUT SECURITY DEPOSIT; REQUIRED NOTICE. 3167), Sec. Sept. 1, 1993. (c) A smoke alarm may be located other than as required by Subsection (a) or (b) if a local ordinance or a local or state fire marshal approves. 1, eff. Jan. 1, 1996. Texas Property Code Ann. 92.057(a) and amended by Acts 1995, 74th Leg., ch. A security device that is installed, changed, or rekeyed under this subchapter becomes a fixture of the dwelling. Acts 1983, 68th Leg., p. 3650, ch. 1, eff. RETENTION OF SECURITY DEPOSIT; ACCOUNTING. Amended by Acts 1995, 74th Leg., ch. SUBCHAPTER F. SMOKE ALARMS AND FIRE EXTINGUISHERS. The tenant has resided in the property for three years with fixed term agreements re-negotiated every six months. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING CERTAIN DECISIONS RELATED TO MILITARY SERVICE. (2) United States mail, addressed to the applicant and postmarked on or before the required date. Sec. HARASSMENT. 92.206. 92.259. Jan. 1, 1984. Acts 1983, 68th Leg., p. 3631, ch. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. (b) Notwithstanding this subchapter, a person licensed to install fire alarms or fire detection devices under Chapter 6002, Insurance Code, shall comply with that chapter when installing smoke alarms. 1, eff. (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. (d) A customer is not required to provide the notices described by this section if the customer avoids the disconnection by paying the bill. Added by Acts 1995, 74th Leg., ch. Original Source: (3) "Lease" means any written or oral agreement between a landlord and tenant that establishes or modifies the terms, conditions, rules, or other provisions regarding the use and occupancy of a dwelling. (c) A landlord who violates this section is liable to the tenant for an amount equal to the sum of $100, three times the amount of the late fee collected in violation of this section, and the tenant's reasonable attorney's fees. CASUALTY LOSS. 2, eff. 1772), Sec. (a) The applicant is deemed rejected by the landlord if the landlord does not give notice of acceptance of the applicant on or before the seventh day after the: (1) date the applicant submits a completed rental application to the landlord on an application form furnished by the landlord; or. 826, Sec. 1205, Sec. 1, eff. 257 (H.B. 1186), Sec. September 1, 2011. (c-1) If the family violence is committed by a cotenant or occupant of the dwelling, a tenant may exercise the right to terminate the lease under the procedures provided by Subsection (b-1)(1)(A), (C), or (D) or (b-1)(2) and Subsection (c), except that the tenant is not required to provide the notice described by Subsection (c)(3). 1, eff. (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. 1, eff. 13, eff. The landlord shall keep accurate records of all security deposits. Sept. 1, 1993. Sec. The tenant must also state orally under oath to the justice the facts of the alleged unlawful utility disconnection. 10.1 Your Responsibility. 5, eff. LANDLORD'S DUTY TO REPAIR OR REMEDY. Acts 1983, 68th Leg., p. 3648, ch. 92.016. 918, Sec. Sec. Sept. 1, 1989. 2, eff. The fair market rent shall be determined by the governmental agency subsidizing the rent, or in the absence of such a determination, it shall be a reasonable amount of rent under the circumstances. Acts 2009, 81st Leg., R.S., Ch. NOTICE TO TENANT AT PRIMARY RESIDENCE. 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 relating to a residential landlord's duty to install, change, rekey, repair, or replace security devices and a tenant's remedies for the landlord's failure to install, change, rekey, repair, or replace security devices, except that a municipal ordinance adopted before January 1, 1993, may require installation of security devices at the landlord's expense by an earlier date than a date required by this subchapter. Sec. The request must be a separate document and may not be included as part of a lease agreement. 13, eff. (f) If a landlord violates this section and a tenant suffers a substantial loss or damage to the tenant's personal property as a result of flooding, the tenant may terminate the lease by giving a written notice of termination to the landlord not later than the 30th day after the date the loss or damage occurred. Jan. 1, 1996. 375), Sec. (b) Notice under this section must be in writing and may be given in person, by mail, or by delivery to the premises. RETALIATION BY LANDLORD. January 1, 2008. (6) "Required date" means the required date for any acceptance of the applicant under Section 92.352. 92.1641. 1051 (H.B. (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. (b) If written notice of the name and business street address of the company that manages the dwelling has been given to the tenant, the management company is the owner's sole agent for service of process. 576, Sec. 31.01(71), eff. 3) You must continue paying rent each month on the first, until a replacement tenant is found and starts paying rent for you. Code 92.019 (2023).) Sec. 3101), Sec. LIABILITY OF LANDLORD. 92.017. 593 (S.B. 6, 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. (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.