92.169. Sept. 1, 1995; Acts 1995, 74th Leg., ch. LIABILITY OF TENANT FOR GOVERNMENTAL FINES. Amended by Acts 1985, 69th Leg., ch. 92.004. Renumbered from Property Code Sec. 650, Sec. Sept. 1, 1997. Sec. The re-let fee does not include any cleaning or repair fees you are charged. (b) Notice under this section must be in writing and may be given in person, by mail, or by delivery to the premises. (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. (c) A landlord may require a tenant to pay in advance charges for which the tenant is liable under this subchapter if a written lease authorizes the landlord to require advance payment, and the landlord notifies the tenant within a reasonable time after the tenant's request that advance payment is required, and: (1) the tenant is more than 30 days delinquent in reimbursing the landlord for charges to which the landlord is entitled under Subsection (b); or. (2) the fee is used to purchase insurance coverage for damages and unpaid rent for which the tenant is legally liable under the lease or as a result of breaching the lease. 394 (H.B. 1060 (H.B. 576, Sec. 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. Reletting fees are allowed under Texas state law, but they can't be so high they would be considered excessive by a judge. 651 (H.B. Added by Acts 2003, 78th Leg., ch. (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. (j) A landlord may not interrupt or cause the interruption of electric service under Subsection (h) of a tenant who, before the interruption date specified in the notice required by Subsection (h)(3), has: (1) established that the interruption will cause a person residing in the tenant's dwelling to become seriously ill or more seriously ill by having a physician, nurse, nurse practitioner, or other similar licensed health care practitioner attending to the person who is or may become ill provide a written statement to the landlord or a representative of the landlord stating that the person will become seriously ill or more seriously ill if the electric service is interrupted; and. (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. Renumbered from Property Code, Section 92.016 by Acts 2007, 80th Leg., R.S., Ch. (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. 1, eff. (3) For conditions other than those specified in Subdivision (2) of this subsection, if the new landlord acquires title as described in this subsection and has notified the tenant of the name and address of the new landlord or the new landlord's authorized agent and if the tenant has not already contracted for the repair or remedy at the time the tenant is so notified, the tenant must deliver to the new landlord a written notice of intent to repair or remedy the condition, and the new landlord shall have a reasonable time to complete the repair before the tenant may repair or remedy the condition. Amended by Acts 1985, 69th Leg., ch. Amended by Acts 1995, 74th Leg., ch. (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. (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. Amended by Acts 1989, 71st Leg., ch. 1099), Sec. 9, eff. (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. Sec. 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. (e) A keyless bolting device is not required to be installed at the landlord's expense on an exterior door if: (1) the dwelling is part of a multiunit complex in which the majority of dwelling units are leased to tenants who are over 55 years of age or who have a physical or mental disability; (2) a tenant or occupant in the dwelling is over 55 years of age or has a physical or mental disability; and. (4) the landlord, at the same time the service is interrupted, hand delivers or places on the tenant's front door a written notice that: (A) prominently displays the words "electricity termination notice" or similar language underlined or in bold; and. Sec. (b) A requirement that a tenant give advance notice of surrender as a condition for refunding the security deposit is effective only if the requirement is underlined or is printed in conspicuous bold print in the lease. September 1, 2011. (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. LIABILITY FOR LEASING TO PERSON WITH CRIMINAL RECORD. 48, Sec. 165, Sec. 9, eff. January 1, 2016. The notice shall also contain a reasonable description of the intended repair or remedy. Acts 1983, 68th Leg., p. 3640, ch. In any litigation under this subsection, the prevailing party shall recover reasonable attorney's fees from the nonprevailing party. 92.164. (b) Unless the condition was caused by normal wear and tear, the landlord does not have a duty during the lease term or a renewal or extension to repair or remedy a condition caused by: (2) a lawful occupant in the tenant's dwelling; (3) a member of the tenant's family; or. 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. Sec. (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. Sept. 1, 1997. Acts 1983, 68th Leg., p. 3649, 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. 5, eff. 869, Sec. Prop. 19, eff. Except as provided by Section 92.164(a)(1) or 92.165(1) regarding the remedy of repair-and-deduct, a tenant may not remove, change, rekey, replace, or alter a security device or have it removed, changed, rekeyed, replaced, or altered without permission of the landlord. (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. Jan. 1, 1996. January 1, 2008. 12, eff. Reletting is your best bet if you have a special circumstance (i.e. 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. to cover potential property damage. 92.054. Acts 1983, 68th Leg., p. 3646, ch. 921 (H.B. 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. LANDLORD AFFIDAVIT FOR DELAY. 2404), Sec. INSTALLATION AND LOCATION. (e) The notices required by Subsections (b) and (d) must be included in a separate written document given to the tenant at or before execution of the lease. (d) In a written lease or other agreement, a landlord and a tenant may agree to a procedure different than the procedure in this section for removing, storing, or disposing of property in the leased premises of a deceased tenant. The landlord has a duty to mitigate its damages and try to re-let the apartment but this can be difficult to enforce. 1, eff. 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. 5, eff. Jan. 1, 1996. 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. 5, eff. 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. 91.002 by Acts 1987, 70th Leg., ch. (g) A provision of a lease that purports to waive a right or to exempt a party from a liability or duty under this section is void. (a) If the tenant withholds rents, causes repairs to be performed, or makes rent deductions for repairs in violation of this subchapter, the landlord may recover actual damages from the tenant. Added by Acts 1993, 73rd Leg., ch. (h) A tenant may not waive a tenant's right to terminate a lease before the end of the lease term, vacate the dwelling, and avoid liability under this chapter. TENANT REMEDIES. Re: Reletting Fee. 92.009. 92.331 by Acts 1997, 75th Leg., ch. (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. (2) failing to correct information given under Section 92.201(b)(1) or (2) or Section 92.201(d) that the landlord knows is incorrect. 92.0161. A party who files or prosecutes a suit under Subchapter B, D, E, or F in bad faith or for purposes of harassment is liable to the defendant for one month's rent plus $100 and for attorney's fees. (2) exempt any party from a liability or a duty under this section. 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. Acts 2013, 83rd Leg., R.S., Ch. 1205, Sec. 200, Sec. 12, 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. OBLIGATION TO REFUND. Acts 1983, 68th Leg., p. 3639, ch. 31.01(71), eff. Acts 1983, 68th Leg., p. 3637, ch. (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. The writ of reentry must notify the landlord of the right to a hearing. 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? BAD FAITH VIOLATION. 576, Sec. Aug. 31, 1987. 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. 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. NOTICE OF ELIGIBILITY REQUIREMENTS. 576, 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. (3) by e-mail if the parties have communicated by e-mail regarding the lease. (3) tested and listed for use as a smoke alarm by Underwriters Laboratories, Inc., Factory Mutual Research Corporation, or United States Testing Company, Inc. (a-1) If requested by a tenant as an accommodation for a person with a hearing-impairment disability or as required by law as a reasonable accommodation for a person with a hearing-impairment disability, a smoke alarm must, in addition to complying with Subsection (a), be capable of alerting a hearing-impaired person in the bedrooms it serves. Aug. 31, 1987. Your written termination notice must include payment of the reletting fee listed in paragraph 28 of your lease agreement. There is no limit on the amount of the reletting fee, but if it is not reasonable it might be . Section 92.019 Texas Property Code Sec. The term does not include occupancy before the initial occupancy date authorized under a lease. (h) A security device required by this section must be operable throughout the time a tenant is in possession of a dwelling. Sec. Jan. 1, 1984. (a) A landlord may close a rental unit at any time by giving written notice by certified mail, return receipt requested, to the tenant and to the local health officer and local building inspector, if any, stating that: (1) the landlord is terminating the tenancy as soon as legally possible; and. 917 (H.B. (2) an earlier date agreed to by the landlord and the tenant. 576, Sec. SECURITY DEVICES REQUIRED WITHOUT NECESSITY OF TENANT REQUEST. 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. The Federal Emergency Management Agency (FEMA) maintains a flood map on its Internet website that is searchable by address, at no cost, to determine if a dwelling is located in a flood hazard area. (a) The tenant may not withhold payment of any portion of the last month's rent on grounds that the security deposit is security for unpaid rent. Acts 1983, 68th Leg., p. 3632, ch. 475 (S.B. (C) enter or exit a vehicle on the leased premises or located in a parking area provided by the landlord for tenants or guests. 1344 (S.B. (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. Acts 1983, 68th Leg., p. 3647, ch. (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. 92.264. 1198 (S.B. PROVISIONS GENERALLY APPLICABLE TO LANDLORDS AND TENANTS Sec. 1120), Sec. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 576, Sec. Added by Acts 2007, 80th Leg., R.S., Ch. (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. (c) Subsection (a) does not apply to a real estate mortgage lienholder who acquires title by foreclosure. (a) If a security deposit was not required by a residential lease and the tenant is liable for damages and charges on surrender of the premises, the landlord shall notify the tenant in writing of the landlord's claim for damages and charges on or before the date the landlord reports the claim to a consumer reporting agency or third-party debt collector. (b) A late fee under this section may include an initial fee and a daily fee for each day any portion of the tenant's rent continues to remain unpaid, and the combined fees are considered a single late fee for purposes of this section. 337 (H.B. Added by Acts 1993, 73rd Leg., ch. (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. Added by Acts 1995, 74th Leg., ch. 1, eff. Sept. 1, 1993. Forfeiture of the right to collect damages and charges from the tenant is the exclusive remedy for the failure to provide the proper notice to the tenant. (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. Need actual paragraphs is Property Code 92 (?) 1186), Sec. (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.
Bronny James Average Points Per Game, Warwick Courier Obituaries, Physicians Mutual Eligibility Check For Providers, Abandoned Homes For Sale In Illinois, College Of The Redwoods Staff Directory, Articles T