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92.331. (b) A tenant who is a servicemember or a dependent of a servicemember may vacate the dwelling leased by the tenant and avoid liability for future rent and all other sums due under the lease for terminating the lease and vacating the dwelling before the end of the lease term if: (1) the lease was executed by or on behalf of a person who, after executing the lease or during the term of the lease, enters military service; or. TENANT'S REMEDIES REGARDING REVOCATION OF CERTIFICATE OF OCCUPANCY. 869, Sec. 1, eff. Sec. 1, eff. 0 attorneys agreed. 19, eff. (a) Upon written request of a landlord, the landlord's tenant shall: (1) provide the landlord with the name, address, and telephone number of a person to contact in the event of the tenant's death; and. 92.017. 92.204. (g) A tenant's right to vacate a dwelling and avoid liability under Section 92.016 or 92.017 may not be waived by a tenant or a landlord, except as provided by those sections. 18, eff. CASUALTY LOSS. (2) checking to ensure the fire extinguisher gauge or pressure indicator indicates the correct pressure as recommended by the manufacturer of the fire extinguisher. Sec. Texas Homes Realty & Management_ 633 E. Fernhurst Dr., Suite 701, Katy, TX 77450 (281) 646-9929 Office (281) 667-3247 Fax www.texashomesrealty.com (2) "Applicant" or "rental applicant" means a person who makes an application to a landlord for rental of a dwelling. Amended by Acts 1995, 74th Leg., ch. 92.004. Added by Acts 1995, 74th Leg., ch. 1, Sept. 1, 1995. 1367), Sec. Acts 2013, 83rd Leg., R.S., Ch. (q) The landlord may not evict a tenant for failure to pay an electric bill when the landlord has interrupted the tenant's electric service under Subsection (h) unless the tenant fails to pay for the electric service after the electric service has been interrupted for at least two days, not including weekends or state or federal holidays. 744, Sec. $3 fee for the first page and $2 for each succeeding page (Texas Local Government Code, Section 118.011). to cover potential property damage. Added by Acts 2013, 83rd Leg., R.S., Ch. (b) Except as provided by this section, a landlord may not interrupt or cause the interruption of water, wastewater, gas, or electric service furnished to a tenant by the landlord as an incident of the tenancy or by other agreement unless the interruption results from bona fide repairs, construction, or an emergency. Acts 2007, 80th Leg., R.S., Ch. January 1, 2020. Sec. Sec. (2) The tenant's right to repair and deduct for conditions involving sewage backup or overflow, flooding inside the dwelling, or a cutoff of potable water under Subsection (e) of Section 92.0561 shall not be affected, and the tenant shall have no duty to give additional notice to the new landlord. Sec. (a) A monthly tenancy or a tenancy from month to month may be terminated by the tenant or the landlord giving notice of termination to the other. (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. Sec. . Jan. 1, 1996. (a) A tenant shall notify the landlord of a rent deduction attributable to the tenant's installing, repairing, changing, replacing, or rekeying of a security device under Section 92.164(a)(1) or 92.165(1) after the landlord's failure to comply with this subchapter. September 1, 2017. 18 (S.B. 3, eff. PAYMENT OF CHARGES; LIMITS ON AMOUNT CHARGED. 92.254. for non-profit, educational, and government users. 91.002 by Acts 1987, 70th Leg., ch. 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. (b) This section does not authorize a recovery of attorney's fees in an action brought under Subchapter E or F for damages that relate to or arise from property damage, personal injury, or a criminal act. INSTALLATION PROCEDURE. January 1, 2021. (h) A fee collected under this section is not a security deposit for purposes of this chapter if: (1) an agreement was signed under Subsection (c); and. 11, eff. texas property code reletting fee; Posted on June 29, 2022; By . (b) The landlord must post the phone number required by Subsection (a) prominently outside the management or superintendent's office. 0. INVALID COMPLAINTS. January 1, 2014. (c-1) If the tenant is a victim or a parent or guardian of a victim of stalking under Section 42.072, 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 a protective order issued under Subchapter A or B, Chapter 7B, Code of Criminal Procedure, except for a temporary ex parte order; or. 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. Reletting is your best bet if you have a special circumstance (i.e. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 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.". (j) When deducting the cost of repairs from the rent payment, the tenant shall furnish the landlord, along with payment of the balance of the rent, a copy of the repair bill and the receipt for its payment. (d) A fee in lieu of a security deposit must be: (1) a recurring fee of equivalent amount; and. (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. 9, eff. 683, Sec. 21.001(97), eff. September 1, 2017. Sec. (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. (4) a judgment against the tenant for reasonable attorney's fees. 92.158 and amended 2001, 77th Leg., ch. (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. 1, eff. texas property code reletting fee - coastbotanik.ca 1, eff. Added by Acts 2007, 80th 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. Added by Acts 2005, 79th Leg., Ch. 1186), Sec. Sec. (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. Sec. (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. (b) Except as provided by Section 92.255(b), a smoke alarm may be powered by battery, alternating current, or other power source as required by local ordinance. Added by Acts 1993, 73rd Leg., ch. 10, eff. Sec. (g) A landlord and a tenant may mutually agree for the tenant to repair or remedy, at the landlord's expense, any condition of the dwelling regardless of whether it materially affects the health or safety of an ordinary tenant. 1, eff. Location: 1205, Sec. (B) if the report or record described by Paragraph (A) identifies the victim by means of a pseudonym, as defined by Article 58.001, Code of Criminal Procedure, a copy of a pseudonym form completed and returned under Article 58.152(a) of that code. interviewer says fair enough. 92.2571. (a) A landlord shall install at least one smoke alarm in each separate bedroom in a dwelling unit. Amended by Acts 1995, 74th Leg., ch. Sec. 92.054. (4) "French doors" means a set of two exterior doors in which each door is hinged and abuts the other door when closed. 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. 1, eff. If a municipality or a county revokes a certificate of occupancy for a leased premises because of the landlord's failure to maintain the premises, the landlord is liable to a tenant who is not in default under the lease for: (1) the full amount of the tenant's security deposit; (2) the pro rata portion of any rental payment the tenant has paid in advance; (3) the tenant's actual damages, including any moving costs, utility connection fees, storage fees, and lost wages; and. (3) by e-mail if the parties have communicated by e-mail regarding the lease. (6) "Tenant" means a person who is authorized by a lease to occupy a dwelling to the exclusion of others and, for the purposes of Subchapters D, E, and F, who is obligated under the lease to pay rent. Sec. (a) If a security deposit was not required by a residential lease and the tenant is liable for damages and charges on surrender of the premises, the landlord shall notify the tenant in writing of the landlord's claim for damages and charges on or before the date the landlord reports the claim to a consumer reporting agency or third-party debt collector. (e) 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. 1, eff. Added by Acts 1993, 73rd Leg., ch. (4) a smoke alarm powered by alternating current was required by lawful city ordinance at the time of initial construction of the unit. (4) documentation of a protective order issued under Subchapter A, Chapter 7B, Code of Criminal Procedure, except for a temporary ex parte order. (3) tested and listed for use as a smoke alarm by Underwriters Laboratories, Inc., Factory Mutual Research Corporation, or United States Testing Company, Inc. (a-1) If requested by a tenant as an accommodation for a person with a hearing-impairment disability or as required by law as a reasonable accommodation for a person with a hearing-impairment disability, a smoke alarm must, in addition to complying with Subsection (a), be capable of alerting a hearing-impaired person in the bedrooms it serves. LEASE WITHOUT SECURITY DEPOSIT; REQUIRED NOTICE. 689, Sec. Sec. Sec. (2) is liable for the tenant's reasonable attorney's fees in a suit to recover the deposit. 1051 (H.B. All Reasons for Breaking a Lease in Texas (Without Penalty) Sec. You signed a contract for a year so you are responsible for rent for the entire year. 2, eff. 869, Sec. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 92.164. The drop bolt system must prevent the door from being opened unless the central plate is lifted off of the doorjamb restraint by a person who is on the interior side of the door. AGENTS FOR DELIVERY OF NOTICE. September 1, 2017. Jan. 1, 1996. If the landlord has already submitted to the insurer a claim for the voided indebtedness, the claim must be withdrawn. (B) does not increase the guarantor's potential financial obligation for rent that existed under the original lease. 92.012. (c) Except as provided in Subsection (d), in the event of the death of a tenant who is the sole occupant of a rental dwelling: (1) the landlord may remove and store all property found in the tenant's leased premises; (2) the landlord shall turn over possession of the property to the person who was designated by the tenant under Subsection (a) or (b) or to any other person lawfully entitled to the property if the request is made prior to the property being discarded under Subdivision (5); (3) the landlord shall refund the tenant's security deposit, less lawful deductions, including the cost of removing and storing the property, to the person designated under Subsection (a) or (b) or to any other person lawfully entitled to the refund; (4) the landlord may require any person who removes the property from the tenant's leased premises to sign an inventory of the property being removed; and. Sec. (j) This section does not affect a tenant's right to pursue a separate cause of action under Section 92.0081. Sec. Charging a reletting (early termination) fee by Anonymous (Texas) on May 13, 2014 @14:19 Share | Is it legal (or common practice) to charge a reletting fee if: a) the tenant gave a few months' notice and b) the new tenant moved in the same day the previous tenant moved out and c) the new tenant was found with no financial cost to the landlord? RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING TENANT'S DEATH. 91.002 and amended by Acts 1989, 71st Leg., ch. 337 (H.B. 1, eff. RETALIATION BY LANDLORD. 576, Sec. (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. A reasonable time for purposes of this subsection is presumed to be not later than the seventh day after the date a tenant's advance payment is received by the landlord, except as provided by Subsection (c). a new child or a job transfer) that requires you to find new housing. Sec. January 1, 2016. 576, Sec. Amended by Acts 1995, 74th Leg., ch. Amended by Acts 1989, 71st Leg., ch. 576, Sec. Amended by Acts 1995, 74th Leg., ch. Acts 1983, 68th Leg., p. 3632, ch. 1, eff. 69), Sec. Payment of the fee, charge, or other sum of money by a tenant does not waive the right or remedies provided by this section. (4) court costs and attorney's fees arising from any related cause of action by the tenant against the landlord. (2) failing to correct information given under Section 92.201(b)(1) or (2) or Section 92.201(d) that the landlord knows is incorrect. 92.203. Section 92.259 of the Texas Property Code This section allows a tenant whose landlord did not install, inspect, or repair a smoke alarm in accordance with the law the right to break the lease without going to court. 92.024. (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. 1, 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. Senate Bill 1588 modifies Section 209.0064 of the Texas Property Code, which requires written notice of a delinquent account be sent to property owners by a property owners association that administers a subdivision development before the property owner can be made liable for the fees of a collection agent. (b) The notice must be given in person or by mail to the affected tenant. 1772), Sec. 1, eff. 92.008(b) to (f) and amended by Acts 1995, 74th Leg., ch. Under Texas law, a landlord has an obligation to mitigate damages. (3) the representative signs an inventory of the removed property, if required by the landlord or the landlord's agent. VENUE. Jan. 1, 1996; Acts 1995, 74th Leg., ch. Sept. 1, 1997. Acts 1983, 68th Leg., p. 3637, ch. (3) a nursing or convalescent home licensed by the Department of State Health Services and certified to meet the Life Safety Code under federal law and regulations. (b) The tenant must file with the justice court in the precinct in which the rental premises are located a sworn complaint for reentry, specifying the facts of the alleged unlawful lockout by the landlord or the landlord's agent. It prohibits them for withholding a portion of the deposit for repairs of conditions caused by normal wear and tear. POSSESSION OF FIREARMS OR FIREARM AMMUNITION ON LEASED PREMISES. (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. Amended by Acts 1995, 74th Leg., ch. (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.