1293), Sec. Renumbered from Property Code 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. 576, Sec. Acts 1983, 68th Leg., p. 3631, ch. Sept. 1, 1993. (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. (B) The landlord has expressly or impliedly agreed in the lease to furnish potable water to the tenant's dwelling and the water service to the dwelling has totally ceased. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING FAMILY VIOLENCE. Most leases in Texas are written for initial fixed terms, usually 12 months. Aug. 28, 1989; Acts 1997, 75th Leg., ch. There is always an early . Sec. (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. 942, Sec. If the lease is in writing and is not in violation of Section 92.006, the tenant's proof of a knowing violation must be clear and convincing. This is referred to as the landlord's duty to "mitigate damages". Acts 1983, 68th Leg., p. 3632, ch. Amended by Acts 1995, 74th Leg., ch. January 1, 2008. Misuse of or damage to a security device that occurs during the tenant's occupancy is presumed to be caused by the tenant, a family member, an occupant, or a guest. January 1, 2014. Subchapter E - Texas Property Code Subchapter E. Disclosure of Ownership and Management Sec. Sept. 1, 2001. (B) a doorknob lock that contains a bolt with at least a one-inch throw. A party who prevails in a suit under this subsection may recover court costs and reasonable attorney's fees from the other party. 1448), Sec. SMOKE ALARM. LANDLORD'S DUTY TO PROVIDE COPY OF LEASE. January 1, 2016. TERM OF PARKING PERMIT. Acts 2011, 82nd Leg., R.S., Ch. You can't make the best decision for your situation until you . 1, eff. (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. (4) the tenant has the right to install or rekey a security device required by this subchapter and deduct the reasonable cost from the tenant's next rent payment, as provided by Subsection (a)(1). Amended by Acts 1995, 74th Leg., ch. Acts 1983, 68th Leg., p. 3639, ch. 1, eff. 7, eff. TENANT'S JUDICIAL REMEDIES. (g) A landlord and a tenant may mutually agree for the tenant to repair or remedy, at the landlord's expense, any condition of the dwelling regardless of whether it materially affects the health or safety of an ordinary tenant. Renumbered from Sec. VENUE. (b) The tenant must file with the justice court in the precinct in which the rental premises are located a sworn complaint for reentry, specifying the facts of the alleged unlawful lockout by the landlord or the landlord's agent. A tenant of a landlord who is liable under Section 92.259 may obtain or exercise one or more of the following remedies: (1) a court order directing the landlord to comply with the tenant's request if the tenant is in possession of the dwelling unit; (2) a judgment against the landlord for damages suffered by the tenant because of the landlord's violation; (3) a judgment against the landlord for a civil penalty of one month's rent plus $100 if the landlord violates Section 92.259(a)(2); (4) a judgment against the landlord for court costs; (5) a judgment against the landlord for attorney's fees in an action under Subdivision (1) or (3); and. 630), Sec. Rent delinquency is not a defense for a violation of Section 92.204. (c) Disclosure of information to a tenant may be made under Subdivision (1) or (2) of Subsection (b) before the tenant requests the information. Added by Acts 1995, 74th Leg., ch. (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. 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. 1112, Sec. 869, Sec. 399), Sec. (d) A customer is not required to provide the notices described by this section if the customer avoids the disconnection by paying the bill. 9, eff. Jan. 1, 1984. A reasonable time for purposes of this subsection is presumed to be not later than the seventh day after the date a tenant's advance payment is received by the landlord, except as provided by Subsection (c). 3101), Sec. A mutual agreement for tenant repair under Subsection (g) of Section 92.0561 is not a violation of Section 92.006. entrepreneurship, were lowering the cost of legal services and CLOSING THE RENTAL PREMISES. (2) if an entity located off-site from the dwelling is primarily responsible for managing the dwelling, the name and street address of the management company. (a) A keyed dead bolt or a keyless bolting device required by this subchapter must be installed at a height: (1) not lower than 36 inches from the floor; and, (A) 54 inches from the floor, if installed before September 1, 1993; or. Payment of the fee, charge, or other sum of money by a tenant does not waive the right or remedies provided by this section. Sept. 1, 1989. 1, eff. 9, eff. Sept. 1, 1993. (2) is liable for the tenant's reasonable attorney's fees in a suit to recover the deposit. Acts 2005, 79th 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. Added by Acts 1995, 74th Leg., ch. 5, eff. (h) A fee collected under this section is not a security deposit for purposes of this chapter if: (1) an agreement was signed under Subsection (c); and. TENANT'S REMEDIES REGARDING REVOCATION OF CERTIFICATE OF OCCUPANCY. (a) A landlord who has expressly or impliedly agreed in the lease to furnish and pay for water, gas, or electric service to the tenant's dwelling is liable to the tenant if the utility company has cut off utility service to the tenant's dwelling or has given written notice to the tenant that such utility service is about to be cut off because of the landlord's nonpayment of the utility bill. 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. 348 (S.B. INVALID COMPLAINTS. LANDLORD AFFIDAVIT FOR DELAY. (g) Except as provided by Subsection (h), a fee collected under this section is a security deposit for purposes of this chapter. (b) Disclosure to a tenant under Subsection (a) must be made by: (1) giving the information in writing to the tenant on or before the seventh day after the day the landlord receives the tenant's request for the information; (2) continuously posting the information in a conspicuous place in the dwelling or the office of the on-site manager or on the outside of the entry door to the office of the on-site manager on or before the seventh day after the date the landlord receives the tenant's request for the information; or. If the landlord's employees perform the work, the charge may include a reasonable amount for overhead but may not include a profit to the landlord. January 1, 2008. RETENTION OF SECURITY DEPOSIT; ACCOUNTING. Redesignated from Property Code Sec. 1, eff. (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. Code 92.019 (2023).) Sec. 31.01(71), eff. Sec. (a) If a condition results from an insured casualty loss, such as fire, smoke, hail, explosion, or a similar cause, the period for repair does not begin until the landlord receives the insurance proceeds. DEFINITIONS. 17.01(44), eff. 2, eff. Acts 2009, 81st Leg., R.S., Ch. (c) If after a casualty loss the rental premises are partially 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, the tenant is entitled to reduction in the rent in an amount proportionate to the extent the premises are unusable because of the casualty, but only on judgment of a county or district court. 917 (H.B. Sept. 1, 2003. Sec. If, after a landlord has notified a tenant in writing of (1) the illegality of the tenant's rent withholding or the tenant's proposed repair and (2) the penalties of this subchapter, the tenant withholds rent, causes repairs to be performed, or makes rent deductions for repairs in bad faith violation of this subchapter, the landlord may recover from the tenant a civil penalty of one month's rent plus $500. 257 (H.B. Sec. (Tex. HARASSMENT. This fee is meant to compensate the rental owners for the costs of releasing the unit. (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. Amended by Acts 1993, 73rd Leg., ch. 3101), Sec. 1, eff. Acts 1983, 68th Leg., p. 3650, ch. If the acknowledgment is not signed, there is a rebuttable presumption that the notice was not made available to the applicant. (b) A landlord is not required to provide the notice under Subsection (a) if the tenant has not given the landlord the tenant's forwarding address as provided by Section 92.107. The tenant selection criteria may include factors such as criminal history, credit history, current income, and rental history. 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 (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. 4, eff. AGENTS FOR DELIVERY OF NOTICE. 1, eff. Additionally, a landlord may charge more than the maximum to recover costs, expenses, or overhead associated with collecting the late payment. (a) The landlord is not obligated to return a tenant's security deposit or give the tenant a written description of damages and charges until the tenant gives the landlord a written statement of the tenant's forwarding address for the purpose of refunding the security deposit. 92.055. Jan. 1, 1984. 1, eff. 1, eff. Amended by Acts 1993, 73rd 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) A landlord may not: (1) prohibit or limit a residential tenant's right to summon police or other emergency assistance based on the tenant's reasonable belief that an individual is in need of intervention or emergency assistance; or. Amended by Acts 1995, 74th Leg., ch. 2, eff. Acts 1983, 68th Leg., p. 3632, ch. (j) This section does not affect a tenant's right to pursue a separate cause of action under Section 92.0081. Sept. 1, 1993. Acts 2007, 80th Leg., R.S., Ch. (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. 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. (5) engaging, in bad faith, in a course of conduct that materially interferes with the tenant's rights under the tenant's lease. 1, eff. Acts 2017, 85th Leg., R.S., Ch. Sec. Sec. Section 511. (3) included in an attachment to the lease agreement that is signed by the tenant, but only if the attachment is expressly referred to in the lease agreement. Under Texas law, a landlord has an obligation to mitigate damages. 1186), Sec. 4, eff. 1, eff. (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) Repealed by Acts 2017, 85th Leg., R.S., Ch. Acts 1983, 68th Leg., p. 3647, ch. 92.160. RESIDENTIAL TENANT'S RIGHT OF REENTRY AFTER UNLAWFUL LOCKOUT. Acts 2015, 84th Leg., R.S., Ch. (c) A notice to a tenant's primary residence under Subsection (a) may be sent by regular United States mail and shall be considered as having been given on the date of postmark of the notice. 826, Sec. 1205, Sec. Sec. (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. How does a Reletting fee work in Texas? Jan. 1, 1984. (2) the person against whom the action is filed knew or should have known of the conviction or adjudication. Amended by Acts 1985, 69th Leg., ch. in the property and pay rent through a specific date, and the landlord is to allow the tenant to . Sept. 1, 1995. (b) If a smoke alarm powered by battery has been installed in a dwelling unit built before September 1, 1987, in compliance with this subchapter and local ordinances, a local ordinance may not require that a smoke alarm powered by alternating current be installed in the unit unless: (1) the interior of the unit is repaired, remodeled, or rebuilt at a projected cost of more than $5,000 and: (A) the repair, remodeling, or rebuilding requires a municipal building permit; and, (i) the repair, remodeling, or rebuilding results in the removal of interior walls or ceiling finishes exposing the structure; or. 744, Sec. (a) A landlord may not require a tenant to pay for repair or replacement of a security device due to normal wear and tear. This subsection shall not affect the landlord's duty under Subchapter B to repair or remedy, at the landlord's expense, wastewater stoppages or backups caused by deterioration, breakage, roots, ground conditions, faulty construction, or malfunctioning equipment. (4) "Deposited" means deposited in an account of the landlord or the landlord's agent in a bank or other financial institution. 10, eff. (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. (a) Before returning a security deposit, the landlord may deduct from the deposit damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease. Section 92.019 Late Payment of Rent; Fees, (b) The new owner shall deliver to the tenant a signed statement acknowledging that the new owner has acquired the property and is responsible for the tenant's security deposit and specifying the exact dollar amount of the deposit. 17.001(b), eff. Acts 2015, 84th Leg., R.S., Ch. 2, eff. 1168), Sec. 138, Sec. 1, eff. (15) "Tenant turnover date" means the date a tenant moves into a dwelling under a lease after all previous occupants have moved out. Aug. 28, 1989. Sec. (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. 2, eff. Sec. (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. Sept. 1, 1997. Sec. 917 (H.B. NOTICE TO TENANT AT PRIMARY RESIDENCE. 937, Sec. 1, eff. If the insurance company has already paid the landlord for the invalidated claim, the landlord shall return the payment. (g) If the landlord is liable to the tenant under Section 92.056 and if a new landlord, in good faith and without knowledge of the tenant's notice of intent to repair, has acquired title to the tenant's dwelling by foreclosure, deed in lieu of foreclosure, or general warranty deed in a bona fide purchase, then the following shall apply: (1) The tenant's right to terminate the lease under this subchapter shall not be affected, and the tenant shall have no duty to give additional notice to the new landlord. Acts 1983, 68th Leg., p. 3631, ch. . (a) A landlord shall give prior written notice to a tenant regarding a landlord rule or policy change that is not included in the lease agreement and that will affect any personal property owned by the tenant that is located outside the tenant's dwelling. Jan. 1, 1984. 92.106. Basically, it's the part of the Texas property code that states that the landlord must do their due diligence to rent out the home to someone else to "mitigate damages". 92.016. 92.262. Jan. 1, 1996. The landlord is not liable to repairmen, contractors, or material suppliers who furnish labor or materials to repair or remedy the condition. (9) "Possession of a dwelling" means occupancy by a tenant under a lease, including occupancy until the time the tenant moves out or a writ of possession is issued by a court. (e) This section relates only to a fee, charge, or other sum of money required to be paid under the lease if rent is not paid as provided by Subsection (a)(3), and does not affect the landlord's right to terminate the lease or take other action permitted by the lease or other law. (c) If the tenant is a victim or a parent or guardian of a victim of sexual assault under Section 22.011, Penal Code, aggravated sexual assault under Section 22.021, Penal Code, indecency with a child under Section 21.11, Penal Code, sexual performance by a child under Section 43.25, Penal Code, continuous sexual abuse of young child or disabled individual under Section 21.02, Penal Code, or an attempt to commit any of the foregoing offenses under Section 15.01, Penal Code, that takes place during the preceding six-month period on the premises or at any dwelling on the premises, the tenant shall provide to the landlord or the landlord's agent a copy of: (1) documentation of the assault or abuse, or attempted assault or abuse, of the victim from a licensed health care services provider who examined the victim; (2) documentation of the assault or abuse, or attempted assault or abuse, of the victim from a licensed mental health services provider who examined or evaluated the victim; (3) documentation of the assault or abuse, or attempted assault or abuse, of the victim from an individual authorized under Chapter 420, Government Code, who provided services to the victim; or. (A) a door lock not in the doorknob that: (i) locks with a bolt into the doorjamb; and, (ii) is operated from the exterior by a key, card, or combination and from the interior by a knob or lever without a key, card, or combination; or. a new child or a job transfer) that requires you to find new housing. 946), Sec. Find more help from the . 1186), Sec. (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. 7, 2021). 938, Sec. 2, eff. Acts 2015, 84th Leg., R.S., Ch. 92.054. (l) A deferred payment plan for the purposes of this section must be in writing. 18, eff. 126, Sec. 952, Sec. 92.010 by Acts 1995, 74th Leg., ch. Acts 1983, 68th Leg., p. 3646, ch. 3) You must continue paying rent each month on the first, until a replacement tenant is found and starts paying rent for you. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING CERTAIN SEX OFFENSES OR STALKING. Acts 1983, 68th Leg., p. 3632, ch. September 1, 2021. Is subletting legal in North Carolina? (a) A landlord shall install at least one smoke alarm in each separate bedroom in a dwelling unit. The reletting fee is typically 150% of one month's rent. January 1, 2014. Acts 2011, 82nd Leg., R.S., Ch. Jan. 1, 1984. (4) establishes, attempts to establish, or participates in a tenant organization. 744, Sec. Sept. 1, 1987. The term does not include occupancy before the initial occupancy date authorized under a lease. A tenant may request that the landlord provide to the tenant a written statement of whether the tenant owes a late fee to the landlord and, if so, the amount of the late fee. 576, Sec. 5, eff. 869, Sec. My daughter left her off-campus housing in March due to "Shelter in place" and we've been paying rent fo. (4) a judgment against the landlord for court costs and attorney's fees. Acts 1983, 68th Leg., p. 3639, ch. 576, Sec. 531), Sec. (5) "Landlord" means a prospective landlord to whom a person makes application for rental of a dwelling. 1. (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. Sept. 1, 2001. Check your specific lease agreement or renewal for your amount. However, this subchapter does not prohibit the adoption of a local ordinance that conforms to this subchapter but which contains additional enforcement provisions.
Gulf Shores Souvenir Shops,
Busted Mugshots Nash County, Nc,
Camera Icon Missing In Notes Iphone,
Homes For Sale Orangeburg, Sc,
Calvert Hall Roster Lacrosse,
Articles T