Sec. 165, Sec. Sec. 1, eff. (a) The landlord shall repair or replace a fire extinguisher at the landlord's expense if: (1) on inspection, the fire extinguisher is found: (B) not to have the correct pressure indicated on the gauge or pressure indicator as recommended by the manufacturer of the fire extinguisher; or. If you break the lease, you are responsible for the re-letting fee plus rent until the apartment is re-let. Sec. 576, Sec. (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. (c) The acknowledgment required by Subsection (b) must include a statement substantively equivalent to the following: "Signing this acknowledgment indicates that you have had the opportunity to review the landlord's tenant selection criteria. Acts 1983, 68th Leg., p. 3632, ch. (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. Code 91.006, a landlord must make reasonable efforts to re-rent their unit instead of charging the tenant for the total remaining rent due under the lease. We will always provide free access to the current law. (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. (c) In an action brought by a tenant under this subchapter, the landlord has the burden of proving that the retention of any portion of the security deposit was reasonable. 14, eff. (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. LIABILITY OF LANDLORD. Sec. 92.061. Jan. 1, 1984. 1, eff. (n) If a delinquent electric bill is paid, or a deferred payment plan is entered into, during normal business hours, the landlord shall reconnect the tenant's electric service within two hours of payment or entry into the deferred payment plan. (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). Acts 1983, 68th Leg., p. 3637, ch. (2) knows or has reason to know that the requirements of the subsection granting the exemption are not fulfilled. Amended by Acts 1997, 75th Leg., ch. Jan. 1, 1984. The landlord may file subsequent affidavits, provided that the total delay of the repair or remedy extends no longer than six months from the date the landlord delivers the first affidavit to the tenant. 165, Sec. LANDLORD LIABILITY TO TENANT FOR UTILITY CUTOFF. January 1, 2010. Aug. 31, 1987. 1, eff. The landlord has a defense to liability under Section 92.259 if: (1) on the date the tenant gives the notice required by Section 92.259 the tenant has not paid all rent due from the tenant; or. 5, eff. 324 (S.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. Acts 2017, 85th Leg., R.S., Ch. 2118), Sec. 28.01, eff. 1276, 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. Sec. 1, eff. September 1, 2011. 869, Sec. Another good online resource for tenants can be found at www.texaslawhelp.org. Our rights and remedies under paragraphs 11 and 32 apply to acceleration under this paragraph. 92.0161. Answered on 9/10/03, 6:42 pm. Jan. 1, 1996. 5, eff. 1715), Sec. Sec. However, this subchapter does not: (1) affect a local ordinance adopted before September 1, 1981, that requires landlords to install smoke alarms in new or remodeled dwelling units before September 1, 1981, if the ordinance conforms with or is amended to conform with this subchapter; (2) limit or prevent adoption or enforcement of a local ordinance relating to fire safety as a part of a building, fire, or housing code, including any requirements relating to the installation of smoke alarms or the type of smoke alarms; (3) otherwise limit or prevent the adoption of a local ordinance that conforms to this subchapter but which contains additional enforcement provisions, except as provided by Subsection (b); or. Sec. January 1, 2006. 357, Sec. 92.169. 92.0132. (C) located on the same lot or tract or adjacent lots or tracts of land. 475 (S.B. 1, eff. The landlord shall keep accurate records of all security deposits. 683, Sec. 1, eff. 92.110. 2.63, eff. 1414), Sec. 2404), Sec. Termination of a lease under this subsection is effective when the tenant surrenders possession of the dwelling. (d) The acknowledgment may be part of the rental application if the notice is underlined or in bold print. Sept. 1, 1993. (b) The affidavit must summarize the reasons for the delay and the diligent efforts made by the landlord up to the date of the affidavit to get the repairs done. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING CERTAIN SEX OFFENSES OR STALKING. The notice must include the following text in both English and Spanish: "Notice to residents of (name and address of nonsubmetered master metered multifamily property): Electric (or gas) service to this property is scheduled for disconnection on (date) because (reason for disconnection).". Acts 2013, 83rd Leg., R.S., Ch. This subchapter applies to a lease executed, entered into, renewed, or extended on or after September 1, 1979. 2, eff. (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. A security device that is installed, changed, or rekeyed under this subchapter becomes a fixture of the dwelling. For purposes of this subsection, a tenant suffers a substantial loss or damage to personal property if the total cost of repairs to or replacement of the personal property is 50 percent or more of the personal property's market value on the date the flooding occurred. (c) Regardless of whether the lease contains language complying with the requirements of Subsection (b), the additional time for landlord compliance provided by Subsection (b) does not apply if at the time the tenant served the written request for compliance on the landlord the tenant informed the landlord that an unauthorized entry occurred or was attempted in the tenant's dwelling, an unauthorized entry occurred or was attempted in another unit in the multiunit complex in which the tenant's dwelling is located during the two months preceding the date of the request, or 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, unless despite the diligence of the landlord: Sec. Sec. Sec. Added by Acts 1989, 71st Leg., ch. Amended by Acts 1995, 74th Leg., ch. If the person disobeyed the writ before receiving the show cause order but has complied with the writ after receiving the order, the justice may find the person in contempt and assess punishment under Section 21.002(c), Government Code. (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. (2) after the tenant moves out the landlord will either immediately demolish the rental unit or no longer use the unit for residential purposes. 650, Sec. Acts 2009, 81st Leg., R.S., Ch. 3101), Sec. Redesignated from Property Code Sec. (d) This section does not affect the obligations or liability of the tenant or the tenant's estate under the lease before the lease is terminated under this section, including the liability of the tenant or the tenant's estate for: (2) damages to the leased premises not caused by normal wear and tear. TENANT'S RIGHT TO SUMMON POLICE OR EMERGENCY ASSISTANCE. If on a ceiling, it must be no closer than six inches to a wall or otherwise located in accordance with the manufacturer's installation instructions. in the property and pay rent through a specific date, and the landlord is to allow the tenant to . PROCEDURES FOR NOTICE OR REFUND. (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. 917 (H.B. teriyaki chicken donburi wagamama . 576, Sec. 3101), Sec. January 1, 2010. 650, Sec. 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. 744, Sec. (D) The landlord has been notified in writing by the appropriate local housing, building, or health official or other official having jurisdiction that the condition materially affects the health or safety of an ordinary tenant. Except as otherwise provided by this chapter, in this chapter: (1) "Dwelling" means one or more rooms rented for use as a permanent residence under a single lease to one or more tenants. (3) a copy of the settled claim that documents payments made by the insurer to the landlord. 257 (H.B. RECORDS. TYPE, BRAND, AND MANNER OF INSTALLATION. June 18, 2005. Texas courts allow landlords to charge so-called "reletting fees," which are the landlord's costs resulting from an early lease termination. (4) a judgment against the landlord for court costs and attorney's fees. Acts 1983, 68th Leg., p. 3639, ch. (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. Sec. Jan. 1, 1996. If a landlord does not comply with a tenant's request regarding rekeying, changing, adding, repairing, or replacing a security device under Section 92.156(b), 92.157, or 92.158 in accordance with the time limits and other requirements of this subchapter, the tenant may: (1) install, repair, change, replace, or rekey the security devices as required by this subchapter and deduct the reasonable cost of material, labor, taxes, and extra keys from the tenant's next rent payment in accordance with Section 92.166; (2) unilaterally terminate the lease without court proceedings; and. (a) A landlord's duty or a tenant's remedy concerning security deposits, security devices, the landlord's disclosure of ownership and management, or utility cutoffs, as provided by Subchapter C, D, E, or G, respectively, may not be waived. Sec. http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.92.htm#92.019 92.352. Sept. 1, 1989. 23.011, eff. The landlord has the burden of proving that the tenant received a copy of the rule or policy change. (f) If an applicant requests a landlord to mail a refund of the applicant's application fee to the applicant, the landlord shall mail the refund check to the applicant at the address furnished by the applicant. (i) The tenant shall not have authority to contract for labor or materials in excess of what the tenant may deduct under this section. A waiver under this section must be signed and in writing in a document separate from the lease and must comply with federal law. Reletting a Rental Property A landlord relets a property by having a new tenant sign an entirely new lease. Amended by Acts 1995, 74th Leg., ch. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING CERTAIN DECISIONS RELATED TO MILITARY SERVICE. 2, eff. 1072 (H.B. (f) The closing of a rental unit does not prohibit the occupancy of other apartments, nor does this subchapter prohibit occupancy of or utility service by master or individual meter to other rental units in an apartment complex that have not been closed under this section. (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. 19, eff. This subchapter does not affect a duty of a landlord or a remedy of a tenant under Subchapter B regarding habitability. REJECTION OF APPLICANT. 1, eff. (h) This section does not affect a tenant's liability for delinquent, unpaid rent or other sums owed to the landlord before the date the lease was terminated by the tenant under this section. LANDLORD'S DUTY TO REPAIR OR REMEDY. SECURITY DEVICES REQUIRED WITHOUT NECESSITY OF TENANT REQUEST. Notice by mail may be by regular mail, by registered mail, or by certified mail, return receipt requested. Sec. 4, eff. For purposes of this subchapter: (1) "Application deposit" means a sum of money that is given to the landlord in connection with a rental application and that is refundable to the applicant if the applicant is rejected as a tenant. (2) a copy of an appropriate government document providing evidence of the tenant's entrance into military service if Subsection (b)(1) applies or a copy of the servicemember's military orders if Subsection (b)(2) applies. (d) Except as provided by Subsection (f), 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. (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). 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. A repair bill and receipt may be the same document. Jan. 1, 1984. Amended by Acts 1995, 74th Leg., ch. (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 document signed after 1981 must include the grantee's mailing address. (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. September 1, 2019. Reletting Expenses means such reasonable and necessary costs and expenses incurred by Landlord, incurred to relet the Premises, including without limitation, (1) repairs, alterations and additions in or to the Premises and preparing the Premises for new tenants, (2) altering locks and security devices to the Premises, (3) redecoration, remodeling 76, Sec. 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. (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. A landlord may not require a tenant to pay for other repairs or replacements of a security device except as provided by Subsections (b), (c), and (d). A landlord is presumed to have refunded a security deposit or made an accounting of security deposit deductions if, on or before the date required under this subchapter, the refund or accounting is placed in the United States mail and postmarked on or before the required date. (2) a sliding door handle latch or sliding door security bar if the door is an exterior sliding glass door without a sliding door handle latch or sliding door security bar. Section 92.019 Late Payment of Rent; Fees, REPAIR OR CLOSING OF LEASEHOLD. (b) If the landlord makes the notice available under Subsection (a), the applicant shall sign an acknowledgment indicating the notice was made available. PROVISIONS GENERALLY APPLICABLE TO LANDLORDS AND TENANTS Sec. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 1051 (H.B. 1, eff. 531), Sec. Sec. 1072 (H.B. 165, Sec. (2) on the date the tenant terminates the lease or files suit the tenant has not fully paid costs requested by the landlord and authorized by Section 92.258. 92.060. HEIGHT, STRIKE PLATE, AND THROW REQUIREMENTS--KEYED DEAD BOLT OR KEYLESS BOLTING DEVICE. (f) If a landlord or a landlord's agent violates this section, the tenant may: (1) either recover possession of the premises or terminate the lease; and. or TAR (Texas Association of Realtors) form, then it comports with property code law and means what it says.
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