576, Sec. 882), Sec. 92.051. (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. (a) If a landlord does not comply with Section 92.153 or 92.156(a) regarding installation or rekeying of a security device, the tenant may: (1) install or rekey the security device 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) 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, unilaterally terminate the lease without court proceedings; (3) file suit against the landlord without serving a request for compliance and obtain a judgment for: (A) a court order directing the landlord to comply, if the tenant is in possession of the dwelling; (D) attorney's fees except in suits for recovery of property damages, personal injuries, or wrongful death; and. 92.024. January 1, 2008. Section 92.019 Texas Property Code Sec. 92.170. 92.062. 1002), Sec. 1112 (H.B. (a-1) For purposes of this section, a late fee is considered reasonable if: (A) 12 percent of the amount of rent for the rental period under the lease for a dwelling located in a structure that contains not more than four dwelling units; or, (B) 10 percent of the amount of rent for the rental period under the lease for a dwelling located in a structure that contains more than four dwelling units; or. Jan. 1, 1984. (b) This section does not preclude a cause of action for negligence in leasing of a dwelling by a landlord or a landlord's manager or agent to a tenant, if: (A) was convicted of an offense listed in Article 42A.054, Code of Criminal Procedure; or, (B) has a reportable conviction or adjudication, as defined by Article 62.001, Code of Criminal Procedure; and. TENANT'S FORWARDING ADDRESS. (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. (b) If the tenant gives notice under Subsection (a)(2) and the tenant's lease is in writing, the lease may require the tenant to make the initial request for installation, inspection, or repair of a smoke alarm in writing. Renumbered from Property Code Sec. (e) A landlord who violates Subsection (b) or (d) is liable to the tenant for an amount equal to the total of one month's rent plus $100 and attorney's fees. 1, eff. Rent, application fees, rent paid in advance, and non-refundable fees . 2, eff. The hearing shall be held not earlier than the first day and not later than the seventh day after the date the landlord requests a hearing. (j) A landlord may not submit a claim for damages or unpaid rent to an insurer for insurance described by Subsection (e) unless the landlord notifies the tenant of the damages or unpaid rent indebtedness not later than the 30th day after the date the tenant surrendered possession of the dwelling. BAD FAITH VIOLATION. The justice may defer payment of the tenant's filing fees and service costs for the sworn complaint for reentry and writ of reentry. 1198 (S.B. LIABILITY OF LANDLORD. (b) A landlord shall perform additional rekeying or change a security device at the tenant's expense if requested by the tenant. 1186), Sec. EFFECT ON OTHER RIGHTS. Amended by Acts 1995, 74th Leg., ch. (2) entered into a deferred payment plan that complies with Subsection (l). 1, eff. harp funeral notices merthyr tydfil best owb holster for s&w governor texas property code reletting fee. 744, Sec. Amended by Acts 1987, 70th Leg., ch. 1, eff. (a) A landlord shall install at least one smoke alarm in each separate bedroom in a dwelling unit. Added by Acts 1995, 74th Leg., ch. If a violation (s) is identified at the time of the City's comprehensive inspection, a follow-up inspection will be required. (3) changing the door locks on the door to the tenant's individual unit of a tenant who is delinquent in paying at least part of the rent. (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. 92.111. January 1, 2020. 348 (S.B. Sec. (b) If a dwelling unit was occupied as a residence before September 1, 2011, or a certificate of occupancy was issued for the dwelling unit before that date, a smoke alarm installed in accordance with Subsection (a) may be powered by battery and is not required to be interconnected with other smoke alarms, except that a smoke alarm that is installed to replace a smoke alarm that was in place on the date the dwelling unit was first occupied as a residence must comply with residential building code standards that applied to the dwelling unit on that date or Section 92.252(b). An owner of real property who files a notice of appeal of a judgment of a justice court to the county court perfects the owner's appeal and stays the effect of the judgment without the necessity of posting an appeal bond. (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. 91 (S.B. (c) Disclosure of information to a tenant may be made under Subdivision (1) or (2) of Subsection (b) before the tenant requests the information. 92.102. Acts 1983, 68th Leg., p. 3631, ch. Sec. (C) located on the same lot or tract or adjacent lots or tracts of land. The copy of the rules or policies must be: (2) included in a lease agreement signed by the tenant; or. 10, eff. 4, eff. 917 (H.B. Added by Acts 1995, 74th Leg., ch. Added by Acts 2019, 86th Leg., R.S., Ch. (2) a tenant has notified the landlord that the tenant has used the fire extinguisher for a legitimate purpose. 92.156. January 1, 2010. 92.354. 744, Sec. Amended by Acts 1989, 71st Leg., ch. LANDLORD'S DEFENSE. (b) A landlord who knowingly violates Section 92.006 by contracting orally or in writing with a tenant to waive the landlord's duty to repair under this subchapter shall be liable to the tenant for actual damages, a civil penalty of one month's rent plus $2,000, and reasonable attorney's fees. 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. Sec. 2, eff. The notice must be given at the time of the reduced rent payment. (4) "French doors" means a set of two exterior doors in which each door is hinged and abuts the other door when closed. Rent delinquency is not a defense for a violation of Section 92.204. 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. 332, Sec. AGENTS FOR DELIVERY OF NOTICE. Even if the dwelling is not in a 100-year floodplain, the dwelling may still be susceptible to flooding. 1, eff. 92.159. (h) If a writ of possession is issued, it supersedes a writ of restoration of utility service. Prop. LANDLORD 'S FAILURE TO DISCLOSE INFORMATION. Acts 2015, 84th Leg., R.S., Ch. Sec. 92.334 by Acts 1997, 75th Leg., ch. Sec. Sept. 1, 1993; Acts 1995, 74th Leg., ch. Sec. Sec. (4) a judgment against the tenant for reasonable attorney's fees. Acts 1983, 68th Leg., p. 3647, ch. January 1, 2006. 576, Sec. Amended by Acts 1993, 73rd Leg., ch. (c) Repealed by Acts 2009, 81st Leg., R.S., Ch. Acts 1983, 68th Leg., p. 3639, ch. 1, eff. 576, Sec. 2, eff. Texas law governing commercial leases is found in Title 8, Chapter 93 of the Texas Property Code. Added by Acts 2011, 82nd Leg., R.S., Ch. Added by Acts 1995, 74th Leg., ch. 1168), Sec. 1, eff. 952, Sec. Landlords who violate these rules could end up owing the tenant $100, three times the amount of the late fee that was wrongfully collected, and the tenant's attorneys' fees. January 1, 2016. Sec. The tenant selection criteria may include factors such as criminal history, credit history, current income, and rental history. 92.206. (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. 16, eff. No further notice from the tenant is necessary in order for the tenant to repair or remedy the condition after a reasonable time has elapsed. A reconnection fee may not be applied unless agreed to by the tenant in a written lease that states the exact dollar amount of the reconnection fee. In Texas the re-let fee cannot exceed 85 percent of your monthly rent. Sec. (p) A landlord who provides notice in accordance with Subsection (h) may not apply a payment made by a tenant to avoid interruption of electric service or reestablish electric service to rent or any other amounts owed under the lease. (f) The landlord is not obligated to provide batteries for a battery-operated smoke alarm after a tenant takes possession if the smoke alarm was in good working order at the time the tenant took possession. (2) the landlord fails to correct the information on or before the seventh day after the date the tenant gives the landlord written notice that the tenant may exercise the remedies under this subchapter if the corrected information is not provided within seven days. 3167), Sec. TENANT'S JUDICIAL REMEDIES. A tenant's guest or invitee who suffers damage because the tenant removed a battery without immediately replacing it with a working battery or because the tenant knowingly disconnected or intentionally damaged the smoke alarm, causing it to malfunction, may recover a judgment against the tenant for the damage. Sept. 1, 1999. (b) If at the time a lease agreement is executed a landlord has vehicle towing or parking rules or policies that apply to the tenant, the landlord shall provide to the tenant a copy of the rules or policies before the lease agreement is executed. 92.002. Sec. (3) that the guarantor is liable under a renewal of the lease only if the renewal: (A) involves the same parties as the original lease; and. Jan. 1, 1996. RESIDENTIAL TENANT'S RIGHT OF REENTRY AFTER UNLAWFUL LOCKOUT. 1, eff. 5, eff. 92.0131. A landlord shall provide to the tenant in a multiunit complex, as that term is defined by Section 92.151, a copy of any applicable vehicle towing or parking rules or policies of the landlord and any changes to those rules or policies as provided by Section 92.0131. Acts 2015, 84th Leg., R.S., Ch. Amended by Acts 1989, 71st Leg., ch. 8, eff. Added by Acts 1989, 71st Leg., ch. Added by Acts 2019, 86th Leg., R.S., Ch. 17.001(a), eff. (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. (2) the person against whom the action is filed knew or should have known of the conviction or adjudication. (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. (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.". In this subchapter: (1) "Bedroom" means a room designed with the intent that it be used for sleeping purposes. 1086), Sec. Check your specific lease agreement or renewal for your amount. Amended by Acts 2003, 78th Leg., ch. (c) A fire extinguisher that satisfies the inspection requirements of Subsection (b) at the beginning of a tenant's possession is presumed to be in good working order until the tenant requests an inspection in writing. NOTICE REGARDING VEHICLE TOWING OR PARKING RULES OR POLICIES. 3) You must continue paying rent each month on the first, until a replacement tenant is found and starts paying rent for you. We will always provide free access to the current law. 357, Sec. 92.016. 200, Sec. 917 (H.B. 3, eff. 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. texas property code reletting fee. Jan. 1, 1984. 683, Sec. 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. If the landlord has already submitted to the insurer a claim for the voided indebtedness, the claim must be withdrawn. Payment of the fee, charge, or other sum of money by a tenant does not waive the right or remedies provided by this section. 7, eff. Sec. Jan. 1, 1984. (3) a copy of the settled claim that documents payments made by the insurer to the landlord. (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. Certain Private Transfer Fee Obligations Void Current as of April 14, 2021 | Updated by FindLaw Staff Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 92.157. A waiver under this section does not apply if: (1) the tenant or the tenant's dependent moves into housing owned or occupied by family or relatives of the tenant or the tenant's dependent; or. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Added by Acts 1989, 71st Leg., ch. Added by Acts 2011, 82nd Leg., R.S., Ch. 92.331. Acts 2009, 81st Leg., R.S., Ch. Acts 1983, 68th Leg., p. 3631, ch. A landlord who has provided information under Subdivision (2) or (3) of Subsection (b) of Section 92.201 is liable to a tenant according to this subchapter if: (1) the information becomes incorrect because a name or address changes; and. 744, 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. January 1, 2014. Amended by Acts 1995, 74th Leg., ch. A managing agent, leasing agent, or resident manager is the agent of the landlord for purposes of notice and other communications required or permitted by this subchapter. How much does it cost to break a lease in Texas? (2) exempt any party from a liability or a duty under this section. (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). teriyaki chicken donburi wagamama . 2, eff. DEFINITIONS. Various state laws limit the maximum amount a landlord can charge, so check your state's laws and regulations. The tenant shall have the burden of pleading and proving a knowing violation. (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. Amended by Acts 1989, 71st Leg., ch. (b) A landlord or a landlord's manager or agent may not charge or seek reimbursement from the landlord's tenant for the amount of a fine imposed on the landlord by a governmental entity unless the tenant or another occupant of the tenant's dwelling actually caused the damage or other condition on which the fine is based. Sept. 1, 1995; Acts 1995, 74th Leg., ch.