1, eff. 92.103. (5) unilateral termination of the lease without a court proceeding. (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. Aug. 28, 1989. Added by Acts 1995, 74th Leg., ch. (5) If the new landlord violates this subsection, the new landlord is liable to the tenant for a civil penalty of one month's rent plus $2,000, actual damages, and attorney's fees. Sept. 1, 1993. 394 (H.B. (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. Sec. (C) located on the same lot or tract or adjacent lots or tracts of land. Added by Acts 2021, 87th Leg., R.S., Ch. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING FAMILY VIOLENCE. LANDLORD AFFIDAVIT FOR DELAY. 1, eff. 2118), Sec. A party who prevails in a suit brought under this subsection may recover court costs and reasonable attorney's fees from the other party. (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. 3101), 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. 92.159. Sec. September 1, 2013. 92.355. The power system and installation procedure of a security device that is electrically operated rather than battery operated must comply with applicable local ordinances. 8 , 2022. (f) If the landlord fails to request a hearing on the tenant's sworn complaint for reentry before the eighth day after the date of service of the writ of reentry on the landlord under Subsection (d), a judgment for court costs may be rendered against the landlord. January 1, 2008. (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. 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. (2) sign a statement authorizing the landlord in the event of the tenant's death to: (A) grant to the person designated under Subdivision (1) access to the premises at a reasonable time and in the presence of the landlord or the landlord's agent; (B) allow the person designated under Subdivision (1) to remove any of the tenant's property found at the leased premises; and. A landlord and tenant may agree to the provisions of this subsection only if the agreement meets the requirements of Subdivision (4) of Subsection (e) of this section. A fee may not be applied to a deferred payment plan entered into under this section. (B) the agreement for repairs by the tenant is either underlined or printed in boldface in the lease or in a separate written addendum; (C) the agreement is specific and clear; and. FEE IN LIEU OF SECURITY DEPOSIT. 576, Sec. 92.259. 92.264. (2) the tenant and the tenant's dependent move, wholly or partly, because of a significant financial loss of income caused by the tenant's military service. (d) Termination of a lease under this section is effective: (1) in the case of a lease that provides for monthly payment of rent, on the 30th day after the first date on which the next rental payment is due after the date on which the notice under Subsection (c)(1) is delivered; or. (a) At a tenant's request made at any time, a landlord, at the tenant's expense, shall install: (1) a keyed dead bolt on an exterior door if the door has: (A) a doorknob lock but not a keyed dead bolt; or, (B) a keyless bolting device but not a keyed dead bolt or doorknob lock; and. 92.003. 576, Sec. 869, Sec. 3101), Sec. 1186), Sec. (a) A tenant's judicial remedies under Section 92.056 shall include: (1) an order directing the landlord to take reasonable action to repair or remedy the condition; (2) an order reducing the tenant's rent, from the date of the first repair notice, in proportion to the reduced rental value resulting from the condition until the condition is repaired or remedied; (3) a judgment against the landlord for a civil penalty of one month's rent plus $500; (4) a judgment against the landlord for the amount of the tenant's actual damages; and. (B) to deploy with a military unit for a period of 90 days or more. In addition to court costs and reasonable attorney's fees, a plaintiff who prevails under this subsection may recover from the landlord $500 for each violation of this section. 3, eff. 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. Jan. 1, 1984. (2) may not be effective before the 14th day after the date notice of the change is delivered to the tenant, unless the change is the result of a construction or utility emergency. Understanding the Law The tenant will have to give proper written notice and pay a fee. Sec. 917 (H.B. Sec. (j) If a tenant in bad faith files a sworn complaint for restoration of utility service resulting in a writ being served on the landlord or landlord's agent, the landlord may in a separate cause of action recover from the tenant an amount equal to actual damages, one month's rent or $500, whichever is greater, reasonable attorney's fees, and costs of court, less any sums for which the landlord is liable to the tenant. 5, eff. The landlord may charge an initial fee and a daily fee for each day the rent is late. (b) A landlord shall provide to a tenant a written notice substantially equivalent to the following: "(Landlord) ( ) is or ( ) is not aware that the dwelling you are renting is located in a 100-year floodplain. 2, eff. September 1, 2007. 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. 630), Sec. Sept. 1, 1995. For purposes of this subsection, there shall be a rebuttable presumption that the landlord acted without knowledge of the violation. January 1, 2010. (c) If a landlord or a landlord's agent changes the door lock of a tenant who is delinquent in paying rent, the landlord or the landlord's agent must place a written notice on the tenant's front door stating: (1) an on-site location where the tenant may go 24 hours a day to obtain the new key or a telephone number that is answered 24 hours a day that the tenant may call to have a key delivered within two hours after calling the number; (2) the fact that the landlord must provide the new key to the tenant at any hour, regardless of whether or not the tenant pays any of the delinquent rent; and. (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. (2) The tenant has given notice to the landlord as required by Section 92.056(b)(1), and, if required, a subsequent notice under Section 92.056(b)(3), and at least one of those notices states that the tenant intends to repair or remedy the condition. Amended by Acts 1995, 74th Leg., ch. Jan. 1, 1984. Acts 2015, 84th Leg., R.S., Ch. This is because under Texas law (Tex. Jan. 1, 1998. Amended by Acts 1993, 73rd Leg., ch. The notice shall also contain a reasonable description of the intended repair or remedy. 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. 92.013. Acts 1983, 68th Leg., p. 3630, ch. Sec. (4) "French doors" means a set of two exterior doors in which each door is hinged and abuts the other door when closed. INTERRUPTION OF UTILITIES. Jan. 1, 1984. Acts 2011, 82nd Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. Sec. 1112 (H.B. 1, eff. Amended by Acts 1993, 73rd Leg., ch. 1, eff. Aug. 26, 1985. A tenant who in bad faith violates this section is liable to the landlord for an amount equal to three times the rent wrongfully withheld and the landlord's reasonable attorney's fees in a suit to recover the rent. 31.01(71), eff. Even if the dwelling is not in a 100-year floodplain, the dwelling may still be susceptible to flooding. The tenant shall have the burden of pleading and proving a knowing violation. Sec. 92.011. The term does not include dates of entry or occupation not authorized by the landlord. Sept. 1, 1993. 3101), Sec. Jan. 1, 1984. Sec. 918, Sec. 1168), Sec. (b) A provision of a lease that purports to waive a right or to exempt a landlord from a liability or duty under this section is void. Jan. 1, 1996. Payment of the fee, charge, or other sum of money by a tenant does not waive the right or remedies provided by this section. (a) The applicant is deemed rejected by the landlord if the landlord does not give notice of acceptance of the applicant on or before the seventh day after the: (1) date the applicant submits a completed rental application to the landlord on an application form furnished by the landlord; or. 3, eff. (e) A landlord, not later than the 30th day after the effective date of the termination of a lease under this section, shall refund to the residential tenant terminating the lease under Subsection (b) all rent or other amounts paid in advance under the lease for any period after the effective date of the termination of the lease. 92.333. Sept. 1, 1997. 92.3515. Early Termination of Lease Agreements by Tenant - All Property Management 650, Sec. Sec. 869, Sec. Acts 2019, 86th Leg., R.S., Ch. Single Family Rental Registration Frequently Asked Questions - Dallas Amended by Acts 1993, 73rd Leg., ch. (c) During the term of a lease or during a renewal or extension, the landlord has a duty to inspect and repair a smoke alarm, but only if the tenant gives the landlord notice of a malfunction or requests to the landlord that the smoke alarm be inspected or repaired. 899 (H.B. TENANT'S FORWARDING ADDRESS. 69), Sec. (i) For purposes of Subsections (c) and (c-1), a tenant who is a parent or guardian of a victim described by those subsections must reside with the victim to exercise the rights established by this section. Most tenant insurance policies do not cover damages or loss incurred in a flood. (e) A landlord may not change the locks on the door of a tenant's dwelling under Subsection (b)(3) on a day, or on a day immediately before a day, on which the landlord or other designated individual is not available, or on which any on-site management office is not open, for the tenant to tender the delinquent rent. Added by Acts 1993, 73rd Leg., ch. (c) A tenant is not liable for damages suffered by the landlord if the damage is caused by the landlord's failure to repair the smoke alarm within a reasonable time after the tenant requests it to be repaired, considering the availability of material, labor, and utilities. Sec. 576, Sec. 92.111. (b) The tenant must file with the justice court in the precinct in which the rental premises are located a sworn complaint specifying the facts of the alleged unlawful utility disconnection by the landlord or the landlord's agent. 200, Sec. Acts 1983, 68th Leg., p. 3648, ch. (C) the landlord, prior to the date of discarding the property, has not been contacted by anyone claiming the property. 6, eff. Amended by Acts 1993, 73rd Leg., ch. Jan. 1, 1984. Renumbered from Sec. 1, 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. Jan. 1, 1998. (4) "Normal wear and tear" means deterioration that results from the intended use of a dwelling, including, for the purposes of Subchapters B and D, breakage or malfunction due to age or deteriorated condition, but the term does not include deterioration that results from negligence, carelessness, accident, or abuse of the premises, equipment, or chattels by the tenant, by a member of the tenant's household, or by a guest or invitee of the tenant. Rules for Early Termination of a Texas Lease | Pocketsense 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. Sec. There is always an early . in the property and pay rent through a specific date, and the landlord is to allow the tenant to . 9, eff. 3101), Sec. (d) The landlord must comply with the tenant's request for inspection or repair of a smoke alarm within a reasonable time, considering the availability of material, labor, and utilities. (a) A tenant is liable according to this subchapter if the tenant removes a battery from a smoke alarm without immediately replacing it with a working battery or knowingly disconnects or intentionally damages a smoke alarm, causing it to malfunction. Sec. (c) A smoke alarm may be located other than as required by Subsection (a) or (b) if a local ordinance or a local or state fire marshal approves. (e) A correction to the information may be made by any of the methods authorized for providing the information. Sec. 17.001(a), eff. (b) A smoke alarm must be installed on a ceiling or wall. texas property code reletting fee - customhomeblog.com 165, Sec. (b) Except as provided by Subsection (a), a dwelling to which this subchapter applies includes: (1) a room in a dormitory or rooming house; (3) a single family house, duplex, or triplex; and. Sept. 1, 1997. Court costs may be waived only if the tenant executes a pauper's affidavit. (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. The landlord is not liable to repairmen, contractors, or material suppliers who furnish labor or materials to repair or remedy the condition. Redesignated from Property Code Sec. Jan. 1, 1984. 92.107. (b) The landlord may not retain any portion of a security deposit to cover normal wear and tear. Renumbered from Property Code, Section 92.016 by Acts 2007, 80th Leg., R.S., Ch. Sec. 92.005. Added by Acts 2019, 86th Leg., R.S., Ch. (b) If within the time allowed under Section 92.162(c) a landlord requests advance payment of charges that the landlord is entitled to collect under that section, the landlord shall comply with a tenant's request under Section 92.156(b), 92.157(a), or 92.157(b) within a reasonable time. NONRETALIATION. 92.0132. (e) A justice court may not award a judgment under this section, including an order of repair, that exceeds $10,000, excluding interest and costs of court. (o) A landlord may not interrupt or cause the interruption of electric service under Subsection (h) for any of the following reasons: (1) a delinquency in payment for electric service furnished to a previous tenant; (2) failure to pay non-electric bills, rent, or other fees; (3) failure to pay electric bills that are six or more months delinquent; or. 1367), Sec. harp funeral notices merthyr tydfil best owb holster for s&w governor texas property code reletting fee. Acts 1983, 68th Leg., p. 3632, ch. Acts 2009, 81st Leg., R.S., Ch. TENANT'S REMEDIES REGARDING REVOCATION OF CERTIFICATE OF OCCUPANCY. (g) A lease must contain language in underlined or bold print that informs the tenant of the remedies available under this section and Section 92.0561. (k) If a tenant in bad faith files a sworn complaint for reentry resulting in a writ of reentry being served on the landlord or landlord's agent, the landlord may in a separate cause of action recover from the tenant an amount equal to actual damages, one month's rent or $500, whichever is greater, reasonable attorney's fees, and costs of court, less any sums for which the landlord is liable to the tenant. A sheriff or constable may use reasonable force in executing a writ of reentry under this section. 225 (S.B. (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. Sec. Sept. 1, 1997. Acts 2007, 80th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. The tenant has the burden of proving that the misuse or damage was caused by another party. Sept. 1, 1993. (f) A keyless bolting device is not required to be installed at the landlord's expense if a tenant or occupant in the dwelling is over 55 years of age or has a physical or mental disability, the tenant requests, in writing, that the landlord deactivate or not install the keyless bolting device, and the tenant certifies in the request that the tenant or occupant is over 55 years of age or has a physical or mental disability. Aug. 28, 1989. 650, Sec. (a) A smoke alarm must be: (1) designed to detect both the visible and invisible products of combustion; (2) designed with an alarm audible to a person in the bedrooms it serves; and. (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. (d) This section does not apply to locks on closet doors or other interior doors. 31.01(71), eff. A managing agent or an agent to whom rent is regularly paid, whether residing or maintaining an office on-site or off-site, is the agent of the landlord for purposes of notice and other communications required or permitted by this subchapter. (c) A landlord who fails to give notice as required by this section is liable to the tenant for any expense incurred by the tenant as a result of the landlord's failure to give the notice. STATEMENT OF LATE FEES. (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. January 1, 2016. But depending on the contract that you have signed, you might have to pay some additional fees or some charges for ending your lease early. If the dwelling has no mailbox and has a keyless bolting device, alarm system, or dangerous animal that prevents the landlord from entering the premises to leave the notice on the inside of the main entry door, the landlord may securely affix the notice on the outside of the main entry door. 576, Sec. 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. 31.01(71), eff. (i) Except as provided by Subsection (j), a tenant's right to terminate a lease before the end of the lease term, vacate the dwelling, and avoid liability under this section may not be waived by a tenant. (h) A tenant's right to a jury trial in an action brought under this chapter may not be waived in a lease or other written agreement. (b) If after a casualty loss the rental premises are as a practical matter totally unusable for residential purposes and if the casualty loss is not caused by the negligence or fault of the tenant, a member of the tenant's family, or a guest or invitee of the tenant, either the landlord or the tenant may terminate the lease by giving written notice to the other any time before repairs are completed. (a) A landlord may not retaliate against a tenant by taking an action described by Subsection (b) because the tenant: (1) in good faith exercises or attempts to exercise against a landlord a right or remedy granted to the tenant by lease, municipal ordinance, or federal or state statute; (2) gives a landlord a notice to repair or exercise a remedy under this chapter; (3) complains to a governmental entity responsible for enforcing building or housing codes, a public utility, or a civic or nonprofit agency, and the tenant: (A) claims a building or housing code violation or utility problem; and, (B) believes in good faith that the complaint is valid and that the violation or problem occurred; or. The reletting . 576, Sec. Acts 2015, 84th Leg., R.S., Ch. APPLICATION OF OTHER LAW; MUNICIPAL REGULATION. (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.