(c) A tenant or a governmental entity or civic association acting on the tenant's behalf may file suit against a landlord to enjoin a violation of this section. 92.154. TENANT'S JUDICIAL REMEDIES. (c) If the tenant decides to pay a fee in lieu of a security deposit, an agreement to collect the fee must be in writing and signed by: (1) the landlord or the landlord's legal representative; and. LANDLORD REMEDY FOR TENANT VIOLATION. 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. (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. (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. Acts 2015, 84th Leg., R.S., Ch. (2) checking to ensure the fire extinguisher gauge or pressure indicator indicates the correct pressure as recommended by the manufacturer of the fire extinguisher. 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. Find more help from the . A tenant's request or notice under this subchapter may be given orally unless the tenant has a written lease that requires the request or notice to be in writing and that requirement is underlined or in boldfaced print in the lease. Jan. 1, 1996. (2) date the landlord accepts an application deposit if the landlord does not furnish the applicant an application form. Sec. (2) the landlord has given notice to the tenant that the landlord intends to exercise the landlord's remedies under this subchapter if the tenant does not reconnect, repair, or replace the smoke alarm or replace the removed battery within seven days after being notified by the landlord to do so. (2) the person against whom the action is filed knew or should have known of the conviction or adjudication. (c-2) Notwithstanding Subsection (c-1), a municipal housing authority located in a municipality that has a population of more than 500,000 and is not more than 50 miles from an international border, or a public facility corporation, affiliate, or subsidiary of the authority, may require that vehicles parked in a community of the authority, corporation, affiliate, or subsidiary be registered with the housing authority. 1344 (S.B. If your tenant leaves early and you have found a new tenant, the previous tenant is not obliged to pay for the remainder of the rent. 1 While there is no specific Texas law governing how much these fees can be, excessive fees unrelated to actual early termination expenses may be struck down by a court. 3101), Sec. (B) does not increase the guarantor's potential financial obligation for rent that existed under the original lease. In this subchapter: (1) "Bedroom" means a room designed with the intent that it be used for sleeping purposes. 92.253. 576, Sec. Acts 2015, 84th Leg., R.S., Ch. (2) a copy of documentation of the family violence against the tenant or an occupant from: (A) a licensed health care services provider who examined the victim; (B) a licensed mental health services provider who examined or evaluated the victim; or. (C) taping the notice to the inside of the main entry door of the tenant's dwelling. (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. Sept. 1, 1999. 826, Sec. Acts 2013, 83rd Leg., R.S., Ch. 3) You must continue paying rent each month on the first, until a replacement tenant is found and starts paying rent for you. (2) a servicemember, while in military service, executes the lease and after executing the lease receives military orders: (A) for a permanent change of station; or. Amended by Acts 1995, 74th Leg., ch. 1) Negotiate with your landlord 4, eff. (2) all other exterior doors have a keyless bolting device installed in accordance with the height, strike plate, and throw requirements of Section 92.154. Sec. 357, Sec. 92.331. (f) If the landlord fails to request a hearing on the tenant's sworn complaint for restoration of utility service before the eighth day after the date of service of the writ of restoration of utility service on the landlord under Subsection (d), a judgment for court costs may be rendered against the landlord. Jan. 1, 1984. 1112 (H.B. 869, Sec. 5, eff. 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).". The term does not include a kitchen, dining room, bathroom, living room, utility room, or closet or storage area of a dwelling. (c) The justice, county, and district courts have concurrent jurisdiction in an action under Subsection (a). (m) A landlord may not interrupt or cause the interruption of electric service under Subsection (h) to a tenant who receives energy assistance for a billing period during which the landlord receives a pledge, letter of intent, purchase order, or other notification that the energy assistance provider is forwarding sufficient payment to continue the electric service. January 1, 2010. (2) 30 days if the landlord's failure to repair is caused by a general shortage of labor or materials for repair following a natural disaster such as a hurricane, tornado, flood, extended freeze, or widespread windstorm. (b) The tenant shall notify the landlord in writing of any change in the tenant's primary residence address. (2) "Dwelling unit" means a home, mobile home, duplex unit, apartment unit, condominium unit, or any dwelling unit in a multiunit residential structure. Sept. 1, 1993; Acts 1999, 76th Leg., ch. CASH RENTAL PAYMENTS. Jan. 1, 1984. (e) The affidavit must be delivered to the tenant by any of the following methods: (2) certified mail, return receipt requested, to the tenant; or. 1, eff. How does a Reletting fee work in Texas? 1, eff. (a) Except as provided in Subsection (b), a landlord who receives a security deposit or rent prepayment for a dwelling from a tenant who fails to occupy the dwelling according to a lease between the landlord and the tenant may not retain the security deposit or rent prepayment if: (1) the tenant secures a replacement tenant satisfactory to the landlord and the replacement tenant occupies the dwelling on or before the commencement date of the lease; or. Jan. 1, 1984. EXEMPTIONS. September 1, 2015. 2, eff. 744, Sec. (g) A smoke alarm that is in good working order at the beginning of a tenant's possession is presumed to be in good working order until the tenant requests repair of the smoke alarm as provided by this subchapter. Acts 2011, 82nd Leg., R.S., Ch. 92.057(a) and amended by Acts 1995, 74th Leg., ch. Sept. 1, 1989. Sec. (e) This section does not apply if notice is actually hand delivered to and received by a person occupying the leased premises. September 1, 2017. Acts 1983, 68th Leg., p. 3649, ch. (c) Disclosure of information to a tenant may be made under Subdivision (1) or (2) of Subsection (b) before the tenant requests the information. 1, eff. 375), Sec. If the justice finds, after considering the evidence at the hearing, that the person has directly or indirectly disobeyed the writ, the justice may commit the person to jail without bail until the person purges himself of the contempt in a manner and form as the justice may direct. 3, eff. Jan. 1, 1984. Sept. 1, 1995; Acts 1995, 74th Leg., ch. September 1, 2019. 1, eff. (d) A landlord and a tenant may agree for the tenant to repair or remedy, at the landlord's expense, any condition covered by Subchapter B. (C) an advocate as defined by Section 93.001, Family Code, who assisted the victim. 576, Sec. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING CERTAIN DECISIONS RELATED TO MILITARY SERVICE. (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. (c) 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) a judge signs an order described by Subsection (b-1)(1) if the tenant obtained such an order; (2) the tenant provides a copy of the relevant documentation described by Subsection (b-1)(1) or (2), as applicable, to the landlord; (3) 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; (4) the 30th day after the date the tenant provided notice under Subdivision (3) expires; and. 1414), Sec. (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. Sec. 588 (S.B. January 1, 2014. 1, eff. 14, eff. Sec. 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. 92.019. Renumbered from Property Code Sec. (f) A landlord who violates Subsection (b), (c), (d), or (e) is liable for a civil penalty in the amount of $100 plus any towing or storage costs that the tenant incurs as a result of the towing of the tenant's vehicle. The reletting fee (not a "relenting fee") is a sum you pay to the landlord to cover the expenses incurred in reletting your apartment in the event you break your lease and move out before. 332, Sec. NOTICE OF UTILITY DISCONNECTION OF NONSUBMETERED MASTER METERED MULTIFAMILY PROPERTY TO MUNICIPALITIES, OWNERS, AND TENANTS. 357, Sec. The reletting fee is typically 150% of one month's rent. (h) Repairs made pursuant to the tenant's notice must be made in compliance with applicable building codes, including a building permit when required. (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. 6, eff. 5, eff. WAIVER OR EXPANSION OF DUTIES AND REMEDIES. 92.061. (l) If an insurer compensates a landlord for a tenant's damages or unpaid rent under a valid claim: (1) the landlord may not seek or collect reimbursement from the tenant of the amounts that the insurer paid to the landlord; (2) the insurer that has paid a landlord after receipt of a claim filed by a landlord, if allowed by a subrogation clause in the insurance described by Subsection (e) and before the first anniversary of the termination of the tenant's occupancy, may seek reimbursement from the tenant of only the amounts paid to the landlord; and. 1, eff. Jan. 1, 1984. 1, eff. Added by Acts 2021, 87th Leg., R.S., Ch. LANDLORD AFFIDAVIT FOR DELAY. 1, eff. 1510), Sec. Acts 2015, 84th Leg., R.S., Ch. (2) actual expenses incurred by the landlord in securing the replacement, including a reasonable amount for the time of the landlord in securing the replacement tenant. Amended by Acts 1995, 74th Leg., ch. Jan. 1, 1996. 92.332. Amended by Acts 1989, 71st Leg., ch. 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. 92.057(b), (c) and amended by Acts 1995, 74th Leg., ch. Court costs may be waived only if the tenant executes a pauper's affidavit. 92.204. Amended by Acts 1995, 74th Leg., ch. (g) A landlord is liable for any damage to a tenant's vehicle resulting from the negligence of a towing service that contracts with the landlord or the landlord's agent to remove vehicles that are parked in violation of the landlord's rules and policies if the towing company that caused the damage does not carry insurance that covers the damage. The term includes double-hinged patio doors. (2) the landlord is required to repair or replace the fire extinguisher within a reasonable time if the tenant pays in advance the reasonable repair or replacement cost, including labor, materials, taxes, and overhead. 92.006. Amended by Acts 1995, 74th Leg., ch. Added by Acts 1995, 74th Leg., ch. Added by Acts 2009, 81st Leg., R.S., Ch. 91.002 by Acts 1987, 70th Leg., ch. (a) If, at the time of signing a lease or lease renewal, a tenant gives written notice to the tenant's landlord that the tenant does not occupy the leased premises as a primary residence and requests in writing that the landlord send notices to the tenant at the tenant's primary residence and provides to the landlord the address of the tenant's primary residence, the landlord shall mail to the tenant's primary residence: (3) all notices of rental increases at the end of the lease term; and. 1072 (H.B. (2) a door viewer if the door does not have a door viewer. (b) A tenant who violates this section is presumed to have acted in bad faith. 3, eff. Sec. 165, Sec. Section 92.104 of the Texas Property Code This section requires a landlord who is withholding a portion of a security deposit to provide an itemized and written list of the deductions to the tenant. If the justice finds, after considering the evidence at the hearing, that the person has directly or indirectly disobeyed the writ, the justice may commit the person to jail without bail until the person purges the contempt action or omission in a manner and form as the justice may direct. (i) The tenant shall not have authority to contract for labor or materials in excess of what the tenant may deduct under this section. 1168), Sec. 48, Sec. (2) the landlord may not allow reoccupancy or reconnection of utilities by separate meter within six months after the date the tenant moves out. 1, eff. January 1, 2016. (e) If a tenant is liable under Subsection (a) and the tenant does not comply with the landlord's notice under Subsection (d), the landlord shall have the following remedies against the tenant: (1) a court order directing the tenant to comply with the landlord's notice; (2) a judgment against the tenant for a civil penalty of one month's rent plus $100; (3) a judgment against the tenant for court costs; and. 12, eff. 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. If the insurance company has already paid the landlord for the invalidated claim, the landlord shall return the payment. Sec. Acts 1983, 68th Leg., p. 3638, ch. Jan. 1, 1984. Added by Acts 2011, 82nd Leg., R.S., Ch. If another provision of this subchapter conflicts with this section, this section controls. 1276, Sec. Amended as Sec. (6) "Required date" means the required date for any acceptance of the applicant under Section 92.352. 917 (H.B. Jan. 1, 1996. If a violation (s) is identified at the time of the City's comprehensive inspection, a follow-up inspection will be required. 17, eff. Renumbered from Property Code Sec. Sec. Sec. (4) court costs and attorney's fees arising from any related cause of action by the tenant against the landlord. (b) At a tenant's request made before January 1, 1995, a landlord, at the tenant's expense, shall install on an exterior door of a dwelling constructed before September 1, 1993: (1) a keyless bolting device if the door does not have a keyless bolting device; and. (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. Sec. (2) be installed in a door with a metal doorjamb that serves as the strike plate. (c) This subchapter does not require the landlord: (1) to furnish utilities from a utility company if as a practical matter the utility lines of the company are not reasonably available; or. 576, Sec. 92.206. (c) Subsection (a) does not apply to a real estate mortgage lienholder who acquires title by foreclosure. 5, eff. (c) Repairs and deductions under this section may be made as often as necessary so long as the total repairs and deductions in any one month do not exceed one month's rent or $500, whichever is greater. (1-a) "Application fee" means a nonrefundable sum of money that is given to the landlord to offset the costs of screening an applicant for acceptance as a tenant. Sept. 1, 1993. 92.168. 357, Sec. 92.334 by Acts 1997, 75th Leg., ch. 917 (H.B. Acts 1983, 68th Leg., p. 3632, ch. (a) For purposes of this section, "dependent," "military service," and "servicemember" have the meanings assigned by 50 App. 92.2611. 744, Sec. The landlord has the burden of proving that the tenant received a copy of the rule or policy change. 576, Sec. Jan. 1, 1996. Jan. 1, 1984. 17.001(64), eff. (C) refund the tenant's security deposit, less lawful deductions, to the person designated under Subdivision (1). In addition, 1099), Sec. 1198 (S.B. 593 (S.B. (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. (C) The landlord has expressly or impliedly agreed in the lease to furnish heating or cooling equipment; the equipment is producing inadequate heat or cooled air; and the landlord has been notified in writing by the appropriate local housing, building, or health official or other official having jurisdiction that the lack of heat or cooling materially affects the health or safety of an ordinary tenant. (4) "French doors" means a set of two exterior doors in which each door is hinged and abuts the other door when closed. (d) For purposes of Subsection (b)(3) or (4), in determining whether a period of time is a reasonable time to repair or remedy a condition, there is a rebuttable presumption that seven days is a reasonable time. (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. September 1, 2007. 9, eff. Acts 2007, 80th Leg., R.S., Ch. (3) the landlord is expressly required or permitted to periodically check on the well-being or health of the tenant as a part of a written lease or other written agreement. (4) serve a written request for compliance on the landlord, and, except as provided by Subsections (b) and (c), if the landlord does not comply on or before the third day after the date the notice is received, file suit against the landlord and obtain a judgment for: (A) a court order directing the landlord to comply and bring all dwellings owned by the landlord into compliance, if the tenant serving the written request is in possession of the dwelling; (C) punitive damages if the tenant suffers actual damages; (D) a civil penalty of one month's rent plus $500; (F) attorney's fees except in suits for recovery of property damages, personal injuries, or wrongful death.

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