(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. (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. 1349 (H.B. (d) Disclosure of information to a government official or employee must be made by giving the information in writing to the official or employee on or before the seventh day after the date the landlord receives the request from the official or employee for the information. Jan. 1, 1996. COMPLIANCE WITH TENANT REQUEST REQUIRED WITHIN REASONABLE TIME. 348 (S.B. 1, eff. 576, Sec. Acts 1983, 68th Leg., p. 3646, ch. Sept. 1, 2001. 53.156 Costs and Attorney's Fees (d) A customer is not required to provide the notices described by this section if the customer avoids the disconnection by paying the bill. 1, eff. (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. Notice: 92.019, Property Code prohibits assessing a late fee until rent has remained unpaid for at least one full day after the date on which the rent is due. (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. . Sept. 1, 2001. (b) At a minimum, an inspection under this section must include: (1) checking to ensure the fire extinguisher is present; and. In addition: (1) if the dwelling unit is designed to use a single room for dining, living, and sleeping, the smoke alarm must be located inside the room; (2) if multiple bedrooms are served by the same corridor, at least one smoke alarm must be installed in the corridor in the immediate vicinity of the bedrooms; and. (b) A landlord may require a tenant to pay for repair or replacement of a security device if an underlined provision in a written lease authorizes the landlord to do so and the repair or replacement is necessitated by misuse or damage by the tenant, a member of the tenant's family, an occupant, or a guest, and not by normal wear and tear. (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. 1, eff. (a) For purposes of this section, "dependent," "military service," and "servicemember" have the meanings assigned by 50 App. (a) A landlord shall disclose to a tenant, or to any government official or employee acting in an official capacity, according to this subchapter: (1) the name and either a street or post office box address of the holder of record title, according to the deed records in the county clerk's office, of the dwelling rented by the tenant or inquired about by the government official or employee acting in an official capacity; and. Sept. 1, 1997. DEFINITIONS. 8, 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.". (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. Acts 1983, 68th Leg., p. 3631, ch. (a) This section applies only to a tenant in a multiunit complex, as that term is defined by Section 92.151. TENANT'S DISABLING OF A SMOKE ALARM. 92.020. In Texas the re-let fee cannot exceed 85 percent of your monthly rent. Sec. 92.333. 687, Sec. Added by Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 1993. 869, Sec. Sec. January 1, 2008. Sec. 92.168. (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. (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. Unless the landlord and tenant agree otherwise under Subsection (g) of this section, repairs may not be made by the tenant, the tenant's immediate family, the tenant's employer or employees, or a company in which the tenant has an ownership interest. 1, eff. 91 (S.B. The tenant selection criteria may include factors such as criminal history, credit history, current income, and rental history. (b) Except as provided in Subsection (c), a landlord of a tenant who is liable under Subsection (a) may obtain a judgment against the tenant for damages suffered by the landlord because the tenant removed a battery from a smoke alarm without immediately replacing it with a working battery or knowingly disconnected or intentionally damaged the smoke alarm, causing it to malfunction. (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. Acts 1983, 68th Leg., p. 3632, ch. Added by Acts 1995, 74th Leg., ch. Late Fees: Landlords in Texas can charge between 10-12% depending on how many units are on the property (4 or less at 12%, more than 4 at 10%). Amended by Acts 1985, 69th Leg., ch. Sec. 1) Negotiate with your landlord 9, eff. 2, eff. 2, eff. 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. 794, 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). The fee for single family rental properties is $43 annually. The term includes a door between a living area and a garage but does not include a sliding glass door or a screen door. The justice may defer payment of the tenant's filing fees and service costs for the sworn complaint for restoration of utility service and writ of restoration of utility service. 5, eff. 92.152. (k) The fee for filing a sworn complaint for restoration of utility service is the same as that for filing a civil action in justice court. 6, eff. 92.0191. (a) A cause of action does not accrue against a landlord or a landlord's manager or agent solely for leasing a dwelling to a tenant convicted of, or arrested or placed on deferred adjudication for, an offense. The current agreement is ending on 1 June 2021, but the tenant has purchased a property and wants to vacate on 1 May 2021. (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. Acts 1983, 68th Leg., p. 3640, ch. A reletting rental arrangement is a fresh contractual relationship between the community and the person renting out your former apartment, completely separate from the rental agreement you signed. 917 (H.B. 650, Sec. 869, Sec. (a) A landlord's duty or a tenant's remedy concerning security deposits, security devices, the landlord's disclosure of ownership and management, or utility cutoffs, as provided by Subchapter C, D, E, or G, respectively, may not be waived. Acts 1983, 68th Leg., p. 3637, ch. (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. 3101), Sec. Sec. 92.352. 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 the person should not be adjudged in contempt of court. 92.264. (b) A landlord may not intentionally prevent a tenant from entering the leased premises except by judicial process unless the exclusion results from: (1) bona fide repairs, construction, or an emergency; (2) removing the contents of premises abandoned by a tenant; or. A landlord's duty to install a smoke alarm under Subchapter F may not be waived, nor may a tenant waive a remedy for the landlord's noninstallation or waive the tenant's limited right of installation and removal. 3167), Sec. Acts 2013, 83rd Leg., R.S., Ch. 650, Sec. Sec. (3) including the information in a copy of the tenant's lease or in written rules given to the tenant before the tenant requests the information. 899 (H.B. a new child or a job transfer) that requires you to find new housing. Jan. 1, 1984. Acts 1983, 68th Leg., p. 3652, ch. (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. 576, Sec. 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. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. (2) impose monetary or other penalties on a tenant who summons police or emergency assistance if the assistance was requested or dispatched based on the tenant's reasonable belief that an individual was in need of intervention or emergency assistance. September 1, 2015. 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. (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. (c) The expense of rekeying security devices for purposes of the use or change of the landlord's master key must be paid by the landlord. Acts 2021, 87th Leg., R.S., Ch. 5, eff. If you do not meet the selection criteria, or if you provide inaccurate or incomplete information, your application may be rejected and your application fee will not be refunded.". The notice must include the following text in both English and Spanish: "Notice to residents of (name and address of nonsubmetered master metered multifamily property): Electric (or gas) service to this property is scheduled for disconnection on (date) because (reason for disconnection).". 357, Sec. 322 (H.B. 1367), Sec. (2) "Occupant" means a person who has the landlord's consent to occupy a dwelling but has no obligation to pay the rent for the dwelling. Added by Acts 1989, 71st Leg., ch. Aug. 28, 1989. Sec. Acts 2017, 85th Leg., R.S., Ch. 92.008(b) to (f) and amended by Acts 1995, 74th Leg., ch. Aug. 31, 1987. NOTICE OF UTILITY DISCONNECTION OF NONSUBMETERED MASTER METERED MULTIFAMILY PROPERTY TO MUNICIPALITIES, OWNERS, AND TENANTS. Sec. 1, eff. Added by Acts 1989, 71st Leg., ch. You should seek insurance coverage that would cover losses caused by a flood.". (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. 1, Sept. 1, 1995. 882), Sec. 1, eff. 576, Sec. Termination of a lease under this subsection is effective when the tenant surrenders possession of the dwelling. Added by Acts 1999, 76th Leg., ch. 8, eff. Jan. 1, 1984. (c) The acknowledgment required by Subsection (b) must include a statement substantively equivalent to the following: "Signing this acknowledgment indicates that you have had the opportunity to review the landlord's tenant selection criteria. 92.103. 3, eff. Acts 2019, 86th Leg., R.S., Ch. (c) A tenant may exercise the rights to terminate the lease under Subsection (b), vacate the dwelling before the end of the lease term, and avoid liability beginning on the date after all of the following events have occurred: (1) a judge signs an order described by Subsection (b-1)(1) if the tenant obtained such an order; (2) the tenant provides a copy of the relevant documentation described by Subsection (b-1)(1) or (2), as applicable, to the landlord; (3) the tenant provides written notice of termination of the lease to the landlord on or before the 30th day before the date the lease terminates; (4) the 30th day after the date the tenant provided notice under Subdivision (3) expires; and. Sept. 1, 1999. (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. In other words, if a property owner in Texas rents property for a purpose . http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.92.htm#92.019 (b) A tenant may, without request from the landlord, provide the landlord with the information in Subsection (a). The term "keyless bolting device" does not include a chain latch, flip latch, surface-mounted slide bolt, mortise door bolt, surface-mounted barrel bolt, surface-mounted swing bar door guard, spring-loaded nightlatch, foot bolt, or other lock or latch; or. 2, eff. 1, eff. Sec. The power system and installation procedure of a security device that is electrically operated rather than battery operated must comply with applicable local ordinances. Sept. 1, 1993. 826, Sec. Added by Acts 1997, 75th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. (C) The landlord has expressly or impliedly agreed in the lease to furnish heating or cooling equipment; the equipment is producing inadequate heat or cooled air; and the landlord has been notified in writing by the appropriate local housing, building, or health official or other official having jurisdiction that the lack of heat or cooling materially affects the health or safety of an ordinary tenant. 1, eff. (6) the tenant holds over and the landlord's notice of termination is motivated by a good faith belief that the tenant, a member of the tenant's family, or a guest or invitee of the tenant might: (A) adversely affect the quiet enjoyment by other tenants or neighbors; (B) materially affect the health or safety of the landlord, other tenants, or neighbors; or. (b) A landlord's duties and the tenant's remedies concerning security devices, the landlord's disclosure of ownership and management, or smoke alarms, as provided by Subchapter D, E, or F, respectively, may be enlarged only by specific written agreement. Various state laws limit the maximum amount a landlord can charge, so check your state's laws and regulations. (a) A landlord may not require a tenant to pay for repair or replacement of a security device due to normal wear and tear. Sec. (b) After a tenant receives the notice and moves out: (1) the local health officer or building inspector may not allow occupancy of or utility service by separate meter to the rental unit until the officer certifies that he knows of no condition that materially affects the physical health or safety of an ordinary tenant; and. (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. 2, 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. 1072 (H.B. (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. Jan. 1, 1984. (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. 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. PROPERTY CODE TITLE 8. Aug. 26, 1985. 337 (H.B. 1, eff. (c) This section does not create a cause of action or expand an existing cause of action. AGENTS FOR DELIVERY OF NOTICE. 576, Sec. Sec. A landlord complies with the requirements of this subchapter relating to the provision of smoke alarms in the dwelling unit if the landlord: (1) has a fire detection device, as defined by Section 6002.002, Insurance Code, that includes a fire alarm device, as defined by Section 6002.002, Insurance Code, installed in a dwelling unit; or. The notice must be given at the time of the reduced rent payment. Sept. 1, 1997. 1, eff. 1112 (H.B. 92.0562. (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. Re: Reletting Fee. 9, eff. 92.002. NOTICE FOR TERMINATING CERTAIN TENANCIES. 1198 (S.B. 2, eff. A landlord has a defense to liability under Section 92.202 or 92.203 if the tenant owes rent on the date the tenant gives a notice required by either of those sections. TERM OF PARKING PERMIT. LANDLORD'S DUTY TO PROVIDE COPY OF LEASE. (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. Answered on 9/10/03, 6:42 pm. For purposes of this subsection, there shall be a rebuttable presumption that the landlord acted without knowledge of the violation. (e) Repealed by Acts 2009, 81st Leg., R.S., Ch. 917 (H.B. It prohibits them for withholding a portion of the deposit for repairs of conditions caused by normal wear and tear. (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. Sec. Sec. (b) A customer shall provide written notice of a service disconnection to each tenant or owner at a nonsubmetered master metered multifamily property not later than the fifth day after the date the customer receives a notice of service disconnection from an electric service provider or a gas utility. (2) checking to ensure the fire extinguisher gauge or pressure indicator indicates the correct pressure as recommended by the manufacturer of the fire extinguisher. The screw hooks must be at least three inches in length and must be screwed into the door frame stud or wall stud on each side of the door. Sec. 1, eff. Sec. Sec. 92.056. REPAIR OR CLOSING OF LEASEHOLD. 92.102. Jan. 1, 1996. REMOVAL OR ALTERATION OF SECURITY DEVICE BY TENANT. (2) a door viewer if the door does not have a door viewer. 91.002 by Acts 1987, 70th Leg., ch. (2) for a dwelling unit that is a one-family or two-family dwelling unit, installs smoke detectors in compliance with Chapter 766, Health and Safety Code. The written notice must include the customer's contact information and the tenant's remedies under Section 92.301. texas property code reletting fee. (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. 39 (H.B. (g) If a landlord arrives at the dwelling in a timely manner in response to a tenant's telephone call to the number contained in the notice as described by Subsection (c)(1) and the tenant is not present to receive the key to the changed lock, the landlord shall leave a notice on the front door of the dwelling stating the time the landlord arrived with the key and the street address to which the tenant may go to obtain the key during the landlord's normal office hours. 92.021. (2) in addition to other remedies available under law, recover from the landlord an amount equal to the sum of the tenant's actual damages, one month's rent plus $1,000, reasonable attorney's fees, and court costs, less any delinquent rents or other sums for which the tenant is liable to the landlord. (2) date the landlord accepts an application deposit if the landlord does not furnish the applicant an application form. (b) If the landlord makes the notice available under Subsection (a), the applicant shall sign an acknowledgment indicating the notice was made available. (a) The landlord shall inspect and repair a smoke alarm according to this section. (b) A governmental body whose official or employee has requested information from a landlord who is liable under Section 92.202 or 92.204 may obtain or exercise one or more of the following remedies: (2) a judgment against the landlord for an amount equal to the governmental body's actual costs in discovering the information required to be disclosed by this subchapter; (3) a judgment against the landlord for $500; and. 1186), Sec. EFFECT ON OTHER RIGHTS. (b) Notwithstanding this subchapter, a person licensed to install fire alarms or fire detection devices under Chapter 6002, Insurance Code, shall comply with that chapter when installing smoke alarms. (b) The tenant does not forfeit the right to a refund of the security deposit or the right to receive a description of damages and charges merely for failing to give a forwarding address to the landlord. Added by Acts 1989, 71st Leg., ch. 6, eff. (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. 475, Sec. (2) the landlord does not give the information to the tenant or government official or employee before the eighth day after the date the tenant, official, or employee gives the landlord written notice that the tenant, official, or employee may exercise remedies under this subchapter if the landlord does not comply with the request by the tenant, official, or employee for the information within seven days. (d) For purposes of Subsection (b)(3) or (4), in determining whether a period of time is a reasonable time to repair or remedy a condition, there is a rebuttable presumption that seven days is a reasonable time. Amended by Acts 1995, 74th Leg., ch. 1, eff. (4) "French doors" means a set of two exterior doors in which each door is hinged and abuts the other door when closed. NOTICE OF RULE OR POLICY CHANGE AFFECTING TENANT'S PERSONAL PROPERTY. The request must be a separate document and may not be included as part of a lease agreement. (2) "Applicant" or "rental applicant" means a person who makes an application to a landlord for rental of a dwelling. The nonprevailing party in a suit under this section is liable to the prevailing party for reasonable attorney's fees and court costs. The Texas Property Code, 92.101 - 92.109, protects the right of renters regarding their security deposit. Sec. 576, Sec. Jan. 1, 1984. Find more help from the . Jan. 1, 1984. (7) recover court costs and attorney's fees, excluding any attorney's fees for a cause of action for damages relating to a personal injury. 650, Sec. (D) the agreement is made knowingly, voluntarily, and for consideration. (c) In addition to other remedies provided by law, if a landlord violates this section, a tenant is entitled to recover from or against the landlord: (1) a civil penalty in an amount equal to one month's rent; (2) actual damages suffered by the tenant as a result of the landlord's violation of this section; (5) reasonable attorney's fees incurred by the tenant in seeking enforcement of this section. 576, Sec. Your written termination notice must include payment of the reletting fee listed in paragraph 28 of your lease agreement. (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.
texas property code reletting fee
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