(b) If the landlord makes the notice available under Subsection (a), the applicant shall sign an acknowledgment indicating the notice was made available. 17.01(44), eff. Sec. January 1, 2016. 576, Sec. (3) the amount of rent and other charges for which the tenant is delinquent. (a) If a landlord has installed a 1A10BC residential fire extinguisher as defined by the National Fire Protection Association or other non-rechargeable fire extinguisher in accordance with a local ordinance or other law, the landlord or the landlord's agent shall inspect the fire extinguisher: (1) at the beginning of a tenant's possession; and. Renumbered from Property Code Sec. 869, Sec. (b) If the dwelling has French doors, one door of each pair of French doors must meet the requirements of Subsection (a) and the other door must have: (1) a keyed dead bolt or keyless bolting device capable of insertion into the doorjamb above the door and a keyless bolting device capable of insertion into the floor or threshold, each with a bolt having a throw of one inch or more; or. You'll be liable for a reletting charge of $675.75 (not to exceed 85% of the highest monthly rent during the Lease term) if you: (A) fail to move in, or fail to give written move out notice as required in Par.23 or 36: (B) move out without paying rent in full for the entire . The fee for service of a writ of restoration of utility service is the same as that for service of a writ of possession. Sept. 1, 1993; Acts 1995, 74th Leg., ch. Understanding the Law Acts 2007, 80th Leg., R.S., Ch. 1, eff. (4) failure to pay an electric bill disputed by the tenant, unless the landlord has conducted an investigation as required by the particular case and reported the results in writing to the tenant. In addition to court costs and reasonable attorney's fees, a tenant who prevails under this subsection may recover from the landlord the greater of one month's rent or $500 for each violation of this section. 899 (H.B. EXEMPTIONS. 92.0562. (e) The owner of a dwelling shall reimburse a management company, managing agent, or on-site manager for costs expended by that person in complying with this subchapter. Acts 2013, 83rd Leg., R.S., Ch. Sec. 92.207. 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. 576, Sec. LANDLORD'S DUTY TO REPAIR OR REPLACE SECURITY DEVICE. 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. If the acknowledgment is not signed, there is a rebuttable presumption that the notice was not made available to the applicant. In other words, if a property owner in Texas rents property for a purpose . (a) A landlord who in bad faith retains a security deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees in a suit to recover the deposit. 601 (H.B. ADDITIONAL ENFORCEMENT BY LOCAL ORDINANCE. 1439, Sec. Sec. (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. Sec. 92.333. Jan. 1, 1984. Sec. (b) The tenant shall notify the landlord in writing of any change in the tenant's primary residence address. (k) If the tenant challenges the claim for damages or unpaid rent and that challenge results in a determination by the landlord or by a court that the notice of indebtedness is incorrect, the indebtedness is void and the landlord may not file an insurance claim for insurance purchased under Subsection (e) in the amount of the voided indebtedness. texas property code reletting fee. (b) If a rental applicant requests that any acceptance of the applicant or any refund of the applicant's application deposit be mailed to the applicant, the landlord must mail the refund check to the applicant at the address furnished by the applicant. 4, eff. If on a wall, it must be no closer than six inches and no farther than 12 inches from the ceiling or otherwise located in accordance with the manufacturer's installation instructions. 5, eff. (f) A tenant who terminates a lease under Subsection (b) is released from all liability for any delinquent, unpaid rent owed to the landlord by the tenant on the effective date of the lease termination if the lease does not contain language substantially equivalent to the following: "Tenants may have special statutory rights to terminate the lease early in certain situations involving family violence or a military deployment or transfer.". 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. If the tenant's rent payment to the landlord is subsidized in whole or in part by a governmental entity, the civil penalty granted under this section shall reflect the fair market rent of the dwelling plus $500. Under Texas law, a landlord has an obligation to mitigate damages. INVALID COMPLAINTS. 4, eff. (a) A landlord is liable according to this subchapter if: (1) the landlord did not install a smoke alarm at the time of initial occupancy by the tenant as required by this subchapter or a municipal ordinance permitted by this subchapter; or. 1, eff. 1349 (H.B. A repairman or supplier shall not have a lien for materials or services arising out of repairs contracted for by the tenant under this section. 1, eff. Amended by Acts 1989, 71st Leg., ch. 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. Answered on 9/10/03, 6:42 pm. If the landlord has already submitted to the insurer a claim for the voided indebtedness, the claim must be withdrawn. Answer: A reletting or "sublease" charge is an arbitrary number assigned as a value by the landlord to collect for the inconvenience of you making the decision to prematurely exit your lease. TERM OF PARKING PERMIT. (g) A party may appeal from the court's judgment at the hearing on the sworn complaint for reentry in the same manner as a party may appeal a judgment in a forcible detainer suit. COMPLIANCE WITH TENANT REQUEST REQUIRED WITHIN REASONABLE TIME. Jan. 1, 1996. (3) 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. 357, Sec. Amended by Acts 1989, 71st Leg., ch. Amended by Acts 1993, 73rd 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. (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. (d) Repairs under this section may be made only if all of the following requirements are met: (1) The landlord has a duty to repair or remedy the condition under Section 92.052, and the duty has not been waived in a written lease by the tenant under Subsection (e) or (f) of Section 92.006. Jan. 1, 1996. (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. 1, eff. The notice must include a written description and itemized list of all damages, if any, and of unpaid rent, if any, including the dates the rent payments were due. 1, eff. (b) A landlord is liable to a tenant as provided by this subchapter if: (1) the tenant has given the landlord notice to repair or remedy a condition by giving that notice to the person to whom or to the place where the tenant's rent is normally paid; (2) the condition materially affects the physical health or safety of an ordinary tenant; (3) the tenant has given the landlord a subsequent written notice to repair or remedy the condition after a reasonable time to repair or remedy the condition following the notice given under Subdivision (1) or the tenant has given the notice under Subdivision (1) by sending that notice by certified mail, return receipt requested, by registered mail, or by another form of mail that allows tracking of delivery from the United States Postal Service or a private delivery service; (4) the landlord has had a reasonable time to repair or remedy the condition after the landlord received the tenant's notice under Subdivision (1) and, if applicable, the tenant's subsequent notice under Subdivision (3); (5) the landlord has not made a diligent effort to repair or remedy the condition after the landlord received the tenant's notice under Subdivision (1) and, if applicable, the tenant's notice under Subdivision (3); and. (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. Sec. (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. Sec. (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. 92.016. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. (2) within a reasonable time after receiving a written request by a tenant. LANDLORD REMEDY FOR TENANT VIOLATION. (2) the tenant requested that the landlord repair, install, change, or rekey the same security device during the 30 days preceding the tenant's request, and the landlord complied with the request. Reletting Fee & Finding a New Tenant As a Texas landlord, you are required by the State to find a new tenant if your current tenant chooses to break the lease. Acts 2015, 84th Leg., R.S., Ch. EFFECT ON OTHER LANDLORD DUTIES AND TENANT REMEDIES. Jan. 1, 1984. (f) If the tenant decides to pay a fee in lieu of a security deposit and the landlord purchases insurance coverage as described by Subsection (e), an agreement required under Subsection (c) must clearly specify the following terms: (1) the fee is being paid only to secure occupancy without a requirement of paying a security deposit; (2) the fee, unless otherwise specified, is not refundable; (3) payment of the fee, unless otherwise specified, does not eliminate, release, or otherwise limit the requirements of the lease, including that the tenant must pay for: (B) damages for which the tenant is legally liable under the lease, other than normal wear and tear; and. 92.251. 2404), Sec. Acts 1983, 68th Leg., p. 3653, ch. LANDLORD'S DUTY TO PROVIDE COPY OF LEASE. 1, eff. 91.006 - This regulation works in your favor. 16, Sec. January 1, 2010. Sec. 92.161. 92.0131. 1367), Sec. 92.156. 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? 0. Added by Acts 1989, 71st Leg., ch. Sept. 1, 2001. Reletting Expenses Definition | Law Insider Is rent acceleration legal in Texas? - Law Stack Exchange REMOVAL OF PROPERTY AND EXCLUSION OF RESIDENTIAL TENANT. Sept. 1, 1993; Acts 1995, 74th Leg., ch. Amended by Acts 1989, 71st Leg., ch. A party who prevails in a suit under this subsection may recover court costs and reasonable attorney's fees from the other party. 869, Sec. NOTICE OF TENANT'S DEDUCTION OF REPAIR COSTS FROM RENT. September 1, 2011. 92.2571. (a) If a landlord has interrupted utility service in violation of Section 92.008, the tenant may obtain relief as provided by this section. 92.003. 946), Sec. https://texas.public.law/statutes/tex._prop._code_section_92.019. To rebut that presumption, the date on which the landlord received the tenant's notice, the severity and nature of the condition, and the reasonable availability of materials and labor and of utilities from a utility company must be considered. If you turn in keys voluntarily you're technically moving out, forcing the landlord to put the unit back on the market, thus breaking the agreement. 475, Sec. 31.01(71), eff. (a) In this section: (1) "100-year floodplain" means any area of land designated as a flood hazard area with a one percent or greater chance of flooding each year by the Federal Emergency Management Agency under the National Flood Insurance Act of 1968 (42 U.S.C. Examples of RELETTING in a sentence. 48, Sec. 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. In this subchapter: (1) "Bedroom" means a room designed with the intent that it be used for sleeping purposes. Acts 1983, 68th Leg., p. 3632, ch. (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. Jan. 1, 1984. 1, eff. 1072 (H.B. 1205, Sec. 48, Sec. (B) 48 inches from the floor, if installed on or after September 1, 1993. 92.023. LANDLORD 'S FAILURE TO CORRECT INFORMATION. Jan. 1, 1984. 1, eff. Sometimes, the law can only be enforced in court. Sec. Check your specific lease agreement or renewal for your amount. 9, eff. 92.257. Jan. 1, 1996; Acts 1995, 74th Leg., ch. 92.058. 1112 (H.B. (a) If the owner's interest in the premises is terminated by sale, assignment, death, appointment of a receiver, bankruptcy, or otherwise, the new owner is liable for the return of security deposits according to this subchapter from the date title to the premises is acquired. January 1, 2010. Aug. 28, 1989. 869, Sec. Added by Acts 1995, 74th Leg., ch. The affidavit must state facts showing that the landlord has made and is making diligent efforts to repair the condition, and it must contain dates, names, addresses, and telephone numbers of contractors, suppliers, and repairmen contacted by the owner. (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. Sept. 1, 2003. Sec. Single Family Rental Registration Frequently Asked Questions - Dallas (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. 1168), Sec. 576, Sec. (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. Texas Property Code - PROP 92.019 | FindLaw (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. APPLICATION. 1, eff. (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. The landlord is not required to give the tenant a description and itemized list of deductions if: (1) the tenant owes rent when he surrenders possession of the premises; and. Additionally, a landlord may charge more than the maximum to recover costs, expenses, or overhead associated with collecting the late payment. 337 (H.B. The re-let fee does not include any cleaning or repair fees you are charged. Aug. 31, 1987. LEASE WITHOUT SECURITY DEPOSIT; REQUIRED NOTICE. Following delivery of the affidavit, the landlord must continue diligent efforts to repair or remedy the condition. 869, Sec. 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. (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. 1002), Sec. Sec. On receipt of an affidavit, the justice shall issue a show cause order, directing the person to appear on a designated date and show cause why he should not be adjudged in contempt of court. Our rights and remedies under paragraphs 11 and 32 apply to acceleration under this paragraph. Sec. Sept. 1, 1995. Added by Acts 1995, 74th Leg., ch. 92.103. 1, eff. (k) For purposes of Subsection (j), "significant financial loss of income" means a reduction of 10 percent or more of the tenant's household income caused by the tenant's military service. 3, eff. (b) A landlord may not, within six months after the date of the tenant's action under Subsection (a), retaliate against the tenant by: (1) filing an eviction proceeding, except for the grounds stated by Section 92.332; (2) depriving the tenant of the use of the premises, except for reasons authorized by law; (4) increasing the tenant's rent or terminating the tenant's lease; or. (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). (c) If the tenant has complied with Subsection (b) and if the justice reasonably believes an unlawful utility disconnection has likely occurred, the justice may issue, ex parte, a writ of restoration of utility service that entitles the tenant to immediate and temporary restoration of the disconnected utility service, pending a final hearing on the tenant's sworn complaint. 12, eff. 399), Sec. Aug. 28, 1989. 92.332 by Acts 1997, 75th Leg., ch. 2, eff. 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. (c) A landlord's failure to provide a complete copy of the lease as described by Subsection (a) or (b) does not invalidate the lease or, subject to Subsection (d), prevent the landlord from prosecuting or defending a legal action or proceeding to enforce the lease. 48, Sec. 337 (H.B. 17, eff. Sec. Jan. 1, 1998. A reasonable time for purposes of this subsection is presumed to be not later than the seventh day after the date the request is received by the landlord. This was expected because the tenant kept the property manager well informed throughout the process. Acts 2017, 85th Leg., R.S., Ch. Sec. 10, eff. A sheriff or constable may use reasonable force in executing a writ of reentry under this section. 1303), Sec. January 1, 2014. SUBCHAPTER B. (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, 1984. bosch b22ct80sns01 ice maker not working; texas property code reletting fee. Location: (3) the representative signs an inventory of the removed property, if required by the landlord or the landlord's agent. Renumbered from Property Code Sec. Sec. (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. (4) a judgment against the landlord for court costs and attorney's fees. 8, eff. DEFINITIONS. (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. Jan. 1, 1996. 650, Sec. (D) in underlined or bold print, the tenant's right to receive a key to the new lock at any hour, regardless of whether the tenant pays the delinquent rent. 869, Sec. Jan. 1, 1984. 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. (e) A landlord may comply with this section by providing to a tenant a complete copy of the lease: (2) in an electronic format if requested by the tenant; or.