869, Sec. TENANT REMEDIES FOR OTHER LANDLORD VIOLATIONS. 4, eff. Termination of a lease under this subsection is effective when the tenant surrenders possession of the dwelling. January 1, 2016. (3) the landlord has locally mailed not later than the fifth calendar day before the date on which the door locks are changed or hand-delivered to the tenant or posted on the inside of the main entry door of the tenant's dwelling not later than the third calendar day before the date on which the door locks are changed a written notice stating: (A) the earliest date that the landlord proposes to change the door locks; (B) the amount of rent the tenant must pay to prevent changing of the door locks; (C) the name and street address of the individual to whom, or the location of the on-site management office at which, the delinquent rent may be discussed or paid during the landlord's normal business hours; and. If another provision of this subchapter conflicts with this section, this section controls. The fee for single family rental properties is $43 annually. 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. Re: Reletting Charge. Amended by Acts 1997, 75th Leg., ch. 1002), Sec. 6, 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. (b) The tenant's deduction for the cost of the repair or remedy may not exceed the amount of one month's rent under the lease or $500, whichever is greater. This was expected because the tenant kept the property manager well informed throughout the process. In any litigation under this subsection, the prevailing party shall recover reasonable attorney's fees from the nonprevailing party. NOTICE OF TENANT'S DEDUCTION OF REPAIR COSTS FROM 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. 1112, Sec. Sept. 1, 1995. Sec. CLOSING THE RENTAL PREMISES. 399), Sec. 6, eff. Sept. 1, 1989. Acts 2015, 84th Leg., R.S., Ch. Jan. 1, 1984. RELETTING FEE: Resident acknowledges that the Reletting Fee is not a cancellation fee or a buyout fee.. NON-PERFORMANCE OF VENDORS DUTIES RELETTING CHARGES If the Vendor fails to perform in accordance with the terms of this Contract, the Port Authority may obtain the goods or services from another Vendor and charge the seller the difference in price, if any . (4) documentation of a protective order issued under Subchapter A, Chapter 7B, Code of Criminal Procedure, except for a temporary ex parte order. (d) A tenant may exercise the rights to terminate the lease under Subsection (b), vacate the dwelling before the end of the lease term, and avoid liability beginning on the date after all of the following events have occurred: (1) the tenant provides a copy of the relevant documentation described by Subsection (c) or (c-1) to the landlord; (2) the tenant provides written notice of termination of the lease to the landlord on or before the 30th day before the date the lease terminates; (3) the 30th day after the date the tenant provided notice under Subdivision (2) expires; and. Jan. 1, 1984. 92.020. 576, Sec. Acts 1983, 68th Leg., p. 3639, ch. 1, eff. (a) A landlord shall install at least one smoke alarm in each separate bedroom in a dwelling unit. (2) a door viewer if the door does not have a door viewer. Added by Acts 1989, 71st Leg., ch. 1344 (S.B. 348 (S.B. September 1, 2017. (d) A landlord may not intentionally prevent a tenant from entering the leased premises under Subsection (b)(3) unless: (1) the landlord's right to change the locks because of a tenant's failure to timely pay rent is placed in the lease; (2) the tenant is delinquent in paying all or part of the rent; and. Sept. 1, 1995; Acts 1995, 74th Leg., ch. (b) A keyed dead bolt or a keyless bolting device described in Section 92.151(6)(A) or (B) in a dwelling must: (1) have a strike plate screwed into the portion of the doorjamb surface that faces the edge of the door when the door is closed; or. (2) in addition to other remedies available under law, recover from the landlord an amount equal to the sum of the tenant's actual damages, one month's rent plus $1,000, reasonable attorney's fees, and court costs, less any delinquent rents or other sums for which the tenant is liable to the landlord. 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. 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. September 1, 2011. (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. (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. The writ of restoration of utility service must notify the landlord of the right to a hearing. (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. (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. Amended by Acts 1995, 74th Leg., ch. 1112, Sec. 576, Sec. Acts 2017, 85th Leg., R.S., Ch. A landlord may not charge the tenant a fee that is more than the reasonable cost of obtaining and administering the insurance purchased under this subsection. (c) If the rules or policies are contained in the lease agreement or an attachment to the lease agreement, the title to the paragraph containing the rules or policies must read "Parking" or "Parking Rules" and be capitalized, underlined, or printed in bold print. 2118), Sec. Sec. Sec. BAD FAITH VIOLATION. Added by Acts 1995, 74th Leg., ch. Renumbered from Property Code Sec. (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. Otherwise, the clerk assesses a penalty of $25 or twice the amount of the normal recording fee, whichever is greater (Texas Property Code, Section 11.003).U pon . Added by Acts 1989, 71st Leg., ch. 92.101. (4) obtain judicial remedies according to Section 92.0563. LIABILITY OF LANDLORD. 938, Sec. (d) A landlord may not continue to prosecute and a court shall abate an action to enforce the lease, other than an action for nonpayment of rent, only until the landlord provides to a tenant a complete copy of the lease if the tenant submits to the court evidence in a plea in abatement or otherwise that the landlord failed to comply with Subsection (a) or (b). Jan. 1, 1996; Acts 1995, 74th Leg., ch. 3, 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. (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. Sec. 357, Sec. The landlord shall have the burden of pleading and proving good faith and continued diligence for subsequent affidavits for delay. Amended by Acts 1993, 73rd Leg., ch. 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. 305, Sec. (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. 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. Sec. DUTY TO REPAIR OR REPLACE. 92.355. (a) A party who prevails in a suit brought under this subchapter or Subchapter B, E, or F may recover the party's costs of court and reasonable attorney's fees in relation to work reasonably expended. Repairs may not be made to the foundation or load-bearing structural elements of the building if it contains two or more dwelling units. 92.166. Prop. 92.054. January 1, 2008. 357, Sec. (d) A landlord who fails either to return a security deposit or to provide a written description and itemization of deductions on or before the 30th day after the date the tenant surrenders possession is presumed to have acted in bad faith. EVICTION SUITS. DEFINITIONS. 92.167. 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. 5, eff. 92.004. A landlord is not exempt as provided by this subsection if the landlord knows or has reason to know that the requirements of this subsection are not fulfilled. (3) "Smoke alarm" means a device designed to detect and to alert occupants of a dwelling unit to the visible and invisible products of combustion by means of an audible alarm. 1, eff. (f) If a landlord, after being furnished with a copy of this subchapter, knowingly violates Subsection (c), the landlord shall be liable to the estate of the deceased tenant for actual damages. Sec. 48, Sec. . Sec. This section does not apply to a security device installed, repaired, changed, replaced, or rekeyed by a tenant under Section 92.164(a)(1) or 92.165(1). (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. A document signed after 1981 must include the grantee's mailing address. Tweet Twitter . Texas Rules on Cash Rental Payments (4) establishes, attempts to establish, or participates in a tenant organization. Redesignated from Property Code Sec. BURDEN OF PROOF. Sept. 1, 1993. (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. LEASE WITHOUT SECURITY DEPOSIT; REQUIRED NOTICE. 826, Sec. 15 (S.B. However, most 921 (H.B. (f) Except as provided by Subsection (g), this section does not affect a tenant's liability for delinquent, unpaid rent or other sums owed to the landlord before the lease was terminated by the tenant under this section. Sec. (a) For purposes of this section: (1) "Family violence" has the meaning assigned by Section 71.004, Family Code. (d) A landlord authorized by this subchapter to charge a tenant for repairing, installing, changing, or rekeying a security device under this subchapter may not require the tenant to pay more than the total cost charged by a third-party contractor for material, labor, taxes, and extra keys. 92.164. 744, Sec. Unfortunately, many tenants are unaware of this law and do not receive a proper refund of their deposit. 1205, Sec. SUBCHAPTER F. SMOKE ALARMS AND FIRE EXTINGUISHERS. Forfeiture of the right to collect damages and charges from the tenant is the exclusive remedy for the failure to provide the proper notice to the tenant. Our rights and remedies under paragraphs 11 and 32 apply to acceleration under this paragraph. Added by Acts 2013, 83rd Leg., R.S., Ch. (d) The writ of reentry 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 action. 1060 (H.B. Sec. Sec. Acts 2013, 83rd Leg., R.S., Ch. Jan. 1, 1984. January 1, 2010. (2) may not terminate or suspend the permit until the date the tenant's right of possession ends. (f) If the tenant decides to pay a fee in lieu of a security deposit and the landlord purchases insurance coverage as described by Subsection (e), an agreement required under Subsection (c) must clearly specify the following terms: (1) the fee is being paid only to secure occupancy without a requirement of paying a security deposit; (2) the fee, unless otherwise specified, is not refundable; (3) payment of the fee, unless otherwise specified, does not eliminate, release, or otherwise limit the requirements of the lease, including that the tenant must pay for: (B) damages for which the tenant is legally liable under the lease, other than normal wear and tear; and. (C) an advocate as defined by Section 93.001, Family Code, who assisted the victim. 9, eff. Reletting a Rental Property A landlord relets a property by having a new tenant sign an entirely new lease. (a) In this section, "occupant" has the meaning assigned by Section 92.016. Sept. 1, 1995. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 1, eff. Prop. (d) The requirements of this section do not apply to a keyed dead bolt or a keyless bolting device in one door of a pair of French doors that is installed in accordance with the requirements of Section 92.153(b)(1) or (2). Renumbered from Property Code Sec. (a) In this section, "governmental entity" means the state, an agency of the state, or a political subdivision of the state. LANDLORD'S DUTY TO REPAIR OR REPLACE SECURITY DEVICE. 5, eff. If the lease is in writing and is not in violation of Section 92.006, the tenant's proof of a knowing violation must be clear and convincing. Jan. 1, 1996. (j) This section does not affect a tenant's right to pursue a separate cause of action under Section 92.0081. (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. (a) Except as provided by this section, the tenant has the burden of proof in a judicial action to enforce a right resulting from the landlord's failure to repair or remedy a condition under Section 92.052. 2, eff. (c) If Subsection (b) does not apply, the owner's management company, on-premise manager, or rent collector serving the dwelling is the owner's authorized agent for service of process unless the owner's name and business street address have been furnished in writing to the tenant. January 1, 2008. Amended by Acts 1993, 73rd Leg., ch. 92.002. 92.354. 92.255. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING FAMILY VIOLENCE. Acts 2005, 79th Leg., Ch. Sec. (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. 687, Sec. Sept. 1, 1993; Acts 1999, 76th Leg., ch. 1, eff. 92.331. TENANT'S RIGHT TO SUMMON POLICE OR EMERGENCY ASSISTANCE. September 1, 2011. 2, eff. 952, Sec. 650, Sec. (c) If the tenant has complied with Subsection (b) and if the justice reasonably believes an unlawful lockout has likely occurred, the justice may issue, ex parte, a writ of reentry that entitles the tenant to immediate and temporary possession of the premises, pending a final hearing on the tenant's sworn complaint for reentry. (a) A landlord shall accept a tenant's timely cash rental payment unless a written lease between the landlord and tenant requires the tenant to make rental payments by check, money order, or other traceable or negotiable instrument. January 1, 2016. 650, Sec. 5, eff. 3101), Sec. (c) Subsection (a) does not apply to a real estate mortgage lienholder who acquires title by foreclosure. Aug. 26, 1985. 1086), Sec. The landlord is not required to give the tenant a description and itemized list of deductions if: (1) the tenant owes rent when he surrenders possession of the premises; and. (a) If a landlord has locked a tenant out of leased premises in violation of Section 92.0081, the tenant may recover possession of the premises as provided by this section. 2, eff. 744, Sec. See 91.006 of the Texas Property Code: (a) A landlord has a duty to mitigate damages if a tenant abandons the leased premises in violation of the lease. (d) If a landlord knows that flooding has damaged any portion of a dwelling at least once during the five-year period immediately preceding the effective date of the lease, the landlord shall provide a written notice to a tenant that is substantially equivalent to the following: "(Landlord) ( ) is or ( ) is not aware that the dwelling you are renting has flooded at least once within the last five years.". 92.152. (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; (3) any portion of the tenant's rent has remained unpaid two full days after the date the rent was originally due.