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92.010. 1, eff. 1, eff. September 1, 2019. (i) If a landlord violates Subsection (f), the tenant may recover, in addition to the remedies provided by Subsection (h), an additional civil penalty of one month's rent. (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. (a) A landlord shall install at least one smoke alarm in each separate bedroom in a dwelling unit. 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. Sec. 357, Sec. January 1, 2010. Sec. 92.168. Sept. 1, 1993. Sec. (a) Not later than the third business day after the date the lease is signed by each party to the lease, a landlord shall provide at least one complete copy of the lease to at least one tenant who is a party to the lease. (c) Affidavits under this section may delay repair by the tenant for: (1) 15 days if the landlord's failure to repair is caused by a delay in obtaining necessary parts for which the landlord is not at fault; or. Sec. 92.002. Sept. 1, 1993. 48, Sec. Sec. 576, Sec. 5, eff. Renumbered from Sec. Texas Property Code as it applies to landlord and tenant arrangements. 744, Sec. 593 (S.B. (a) A landlord may not remove a door, window, or attic hatchway cover or a lock, latch, hinge, hinge pin, doorknob, or other mechanism connected to a door, window, or attic hatchway cover from premises leased to a tenant or remove furniture, fixtures, or appliances furnished by the landlord from premises leased to a tenant unless the landlord removes the item for a bona fide repair or replacement. Sept. 1, 1995; Acts 1995, 74th Leg., ch. CASUALTY LOSS. The landlord has a defense to liability under Section 92.164 if: (1) the tenant has not fully paid all rent then due from the tenant on the date the tenant gives a request under Section 92.157(c) or the notice required by Section 92.164; or. Ask Your Own Real Estate Law Question 91.006 supports reletting fees by charging an assessment. 0 . Sec. 7, 2021). Added by Acts 1995, 74th Leg., ch. (c) A notice to a tenant's primary residence under Subsection (a) may be sent by regular United States mail and shall be considered as having been given on the date of postmark of the notice. (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. 7, eff. 3, eff. September 1, 2011. (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. 937, Sec. The Federal Emergency Management Agency (FEMA) maintains a flood map on its Internet website that is searchable by address, at no cost, to determine if a dwelling is located in a flood hazard area. September 1, 2007. September 1, 2021. (2) United States mail, addressed to the applicant and postmarked on or before the required date. 9, eff. A waiver under this section must be signed and in writing in a document separate from the lease and must comply with federal law. Sec. U.S.C. EXEMPTIONS. (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. September 1, 2017. (7) "Landlord" means a dwelling owner, lessor, sublessor, management company, or managing agent, including an on-site manager. Sept. 1, 1995. (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. 257 (H.B. Jan. 1, 1984. 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. (2) the date on which all of the conditions in Subsection (a) have been met. 92.166. The writ of restoration of utility service must notify the landlord of the right to a hearing. Added by Acts 1989, 71st Leg., ch. (3) not later than the third day after the date of receipt of the tenant's request, provided the tenant with a written notice: (A) stating that the management company or managing agent has taken the actions in Subdivisions (1) and (2); (B) stating that the owner has not provided or will not provide the necessary funds; and. If a violation (s) is identified at the time of the City's comprehensive inspection, a follow-up inspection will be required. ALTERNATIVE COMPLIANCE. A party who prevails in a suit brought under this subsection may recover court costs and reasonable attorney's fees from the other party. (b) If the landlord does not provide a written explanation for delay in performing a duty to repair or remedy on or before the fifth day after receiving from the tenant a written demand for an explanation, the landlord has the burden of proving that he made a diligent effort to repair and that a reasonable time for repair did not elapse. 126, Sec. Acts 2013, 83rd Leg., R.S., Ch. 1168), Sec. 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. 918, Sec. 3, eff. 593 (S.B. Acts 1983, 68th Leg., p. 3648, ch. (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. (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. DEFINITIONS. Sec. Amended by Acts 1989, 71st Leg., ch. 3, eff. Acts 2015, 84th Leg., R.S., Ch. Sec. Aug. 31, 1987. (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. (e) A justice court may not award a judgment under this section, including an order of repair, that exceeds $10,000, excluding interest and costs of court. (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. A managing agent or an agent to whom rent is regularly paid, whether residing or maintaining an office on-site or off-site, is the agent of the landlord for purposes of notice and other communications required or permitted by this subchapter. (i) A landlord is subject to the tenant remedies provided by Section 92.164(a)(4) if the landlord: (1) deactivates or does not install a keyless bolting device, claiming an exemption under Subsection (e), (f), or (g); and. 9, eff. 322 (H.B. NOTICE OF RULE OR POLICY CHANGE AFFECTING TENANT'S PERSONAL PROPERTY. If a landlord spends the equivalent of the reletting fee to re-rent the apartment, then that is a legitimate charge. 92.003. 1, eff. Amended by Acts 1985, 69th Leg., ch. (4) establishes, attempts to establish, or participates in a tenant organization. 11, eff. 92.160. (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. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. 5, eff. (3) the representative signs an inventory of the removed property, if required by the landlord or the landlord's agent. 3, eff. Acts 1983, 68th Leg., p. 3646, ch. CLOSING THE RENTAL PREMISES. (d) Subsections (a) and (b) apply only when a tenant is in possession of a dwelling. 19, eff. 576, Sec. In . (k) A landlord may not change the locks on the door of a tenant's dwelling under Subsection (b)(3): (1) when the tenant or any other legal occupant is in the dwelling; or. 15, eff. 1, eff. 576, Sec. (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. Understanding the Law (2) "Dwelling unit" means a home, mobile home, duplex unit, apartment unit, condominium unit, or any dwelling unit in a multiunit residential structure. 683, Sec. 1112 (H.B. LANDLORD'S DUTY TO PROVIDE COPY OF LEASE. 1, eff. 882), Sec. (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. (3) including the information in a copy of the tenant's lease or in written rules given to the tenant before the tenant requests the information. (a) If a tenant files or prosecutes a suit for retaliatory action based on a complaint asserted under Section 92.331(a)(3), and the government building or housing inspector or utility company representative visits the premises and determines in writing that a violation of a building or housing code does not exist or that a utility problem does not exist, there is a rebuttable presumption that the tenant acted in bad faith. A landlord acts in bad faith and is liable according to this subchapter if the landlord gives an incorrect name or address under Subsection (a) of Section 92.201 by wilfully: (1) disclosing incorrect information under Section 92.201(b)(1) or (2) or Section 92.201(d); or. 92.255. 1, eff. Sept. 1, 1993; Acts 1999, 76th Leg., ch. (A) a door lock not in the doorknob that: (i) locks with a bolt into the doorjamb; and, (ii) is operated from the exterior by a key, card, or combination and from the interior by a knob or lever without a key, card, or combination; or. 869, Sec. 92.261. (a) If the owner's interest in the premises is terminated by sale, assignment, death, appointment of a receiver, bankruptcy, or otherwise, the new owner is liable for the return of security deposits according to this subchapter from the date title to the premises is acquired. Sept. 1, 1993. Acts 2013, 83rd Leg., R.S., Ch. 1367), Sec. Amended by Acts 1995, 74th Leg., ch. (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). 399), Sec. 576, Sec. Sec. (b) Notice under this section must be in writing and may be given in person, by mail, or by delivery to the premises. (b) If the landlord secures the replacement tenant, the landlord may retain and deduct from the security deposit or rent prepayment either: (1) a sum agreed to in the lease as a lease cancellation fee; or. 17.001(b), eff. Most commonly, an early termination fee is two months' rent. 31.01(71), eff. 1, eff. 92.021. Sec. 1198 (S.B. Sec. 7 juin 2022. REKEYING OR CHANGE OF SECURITY DEVICES. The re-let fee does not include any cleaning or repair fees you are charged. 5.202 Texas Property Code - PROP 5.202. Notice by mail may be by regular mail, by registered mail, or by certified mail, return receipt requested. (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. 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. 92.025. LANDLORD 'S FAILURE TO CORRECT INFORMATION. (b-1) A tenant may obtain relief under Subsection (b) if the tenant provides the landlord or the landlord's agent: (1) a copy of one or more of the following orders protecting the tenant or an occupant from family violence: (A) a temporary injunction issued under Subchapter F, Chapter 6, Family Code; (B) a temporary ex parte order issued under Chapter 83, Family Code; (C) a protective order issued under Chapter 85, Family Code; or, (D) an order of emergency protection under Article 17.292, Code of Criminal Procedure; or. (c) A landlord's failure to provide a complete copy of the lease as described by Subsection (a) or (b) does not invalidate the lease or, subject to Subsection (d), prevent the landlord from prosecuting or defending a legal action or proceeding to enforce the lease. Acts 2009, 81st Leg., R.S., Ch. (d) The tenant remedies under this section are effective on the date the tenant has notice from the utility company of a future cutoff or notice of an actual cutoff, whichever is sooner. (b) The notice must be given in person or by mail to the affected tenant. (b) After a tenant receives the notice and moves out: (1) the local health officer or building inspector may not allow occupancy of or utility service by separate meter to the rental unit until the officer certifies that he knows of no condition that materially affects the physical health or safety of an ordinary tenant; and. (2) enter the payment date and amount in a record book maintained by the landlord. (b) A requirement that a tenant give advance notice of surrender as a condition for refunding the security deposit is effective only if the requirement is underlined or is printed in conspicuous bold print in the lease. The same if you're forced to move out because of lease violations. Sec. (2) "Flooding" means a general or temporary condition of partial or complete inundation of a dwelling caused by: (A) the overflow of inland or tidal waters; (B) the unusual and rapid accumulation of runoff or surface waters from any established water source such as a river, stream, or drainage ditch; or. Aug. 31, 1987. (a) If the landlord is liable to the tenant under Section 92.056(b), the tenant may have the condition repaired or remedied and may deduct the cost from a subsequent rent payment as provided in this section. The term does not include dates of entry or occupation not authorized by the landlord. SECURITY DEVICES REQUESTED BY TENANT. Added by Acts 2021, 87th Leg., R.S., Ch. (c) A tenant is not liable for damages suffered by the landlord if the damage is caused by the landlord's failure to repair the smoke alarm within a reasonable time after the tenant requests it to be repaired, considering the availability of material, labor, and utilities. 2.28, eff. (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. HEIGHT REQUIREMENTS--SLIDING DOOR SECURITY DEVICES. 1, eff. LANDLORD'S DUTY TO REPAIR OR REPLACE SECURITY DEVICE. 5, eff. Sec. Acts 1983, 68th Leg., p. 3632, ch. POSSESSION OF FIREARMS OR FIREARM AMMUNITION ON LEASED PREMISES. 4, eff. (5-a) "Rental application" means a written request made by an applicant to a landlord to lease premises from the landlord. Acts 1983, 68th Leg., p. 3649, ch. Sec. 48, Sec. 629 (S.B. 2, eff. (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. (e) If a tenant vacates the premises in breach of a written lease, the landlord may deduct from the tenant's security deposit the reasonable cost incurred by the landlord to rekey a security device as required by this section only if the lease includes a provision that is underlined or printed in boldface type authorizing the deduction. My daughter left her off-campus housing in March due to "Shelter in place" and we've been paying rent fo. 1112, Sec. 918, Sec. 1, eff. 1. 92.156. 92.170. CONDITIONS FOR RETENTION OF SECURITY DEPOSIT OR RENT PREPAYMENT. In this subchapter: (1) "Doorknob lock" means a lock in a doorknob, with the lock operated from the exterior by a key, card, or combination and from the interior without a key, card, or combination. 1, eff. On request of the tenant, the landlord shall provide the statement to the tenant by any established means regularly used for written communication between the landlord and the tenant. Jan. 1, 1996. (2) the landlord may not allow reoccupancy or reconnection of utilities by separate meter within six months after the date the tenant moves out. 12, eff. 1, eff. Unfortunately, many tenants are unaware of this law and do not receive a proper refund of their deposit. (d) In a written lease or other agreement, a landlord and a tenant may agree to a procedure different than the procedure in this section for removing, storing, or disposing of property in the leased premises of a deceased tenant. (e) The landlord has met the duty to inspect and repair if the smoke alarm is in good working order after the landlord tests the smoke alarm with smoke, operates the testing button on the smoke alarm, or follows other recommended test procedures of the manufacturer for the particular model. Jan. 1, 1998. 1, eff. VENUE. (g) A tenant's right to terminate a lease before the end of the lease term, vacate the dwelling, and avoid liability under this section may not be waived by a tenant.