Sec. 10, eff. 3, eff. 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. Sec. 3, eff. Acts 2009, 81st Leg., R.S., Ch. Amended by Acts 1995, 74th Leg., ch. 1, eff. Jan. 1, 1984. 744, Sec. Acts 1983, 68th Leg., p. 3639, ch. 1060 (H.B. 92.1041. 4, eff. Aug. 31, 1987. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. Added by Acts 1989, 71st Leg., ch. (a) A landlord has a duty to mitigate damages if a tenant abandons the leased premises in violation of the lease. Acts 2019, 86th Leg., R.S., Ch. 1099), Sec. Acts 2009, 81st Leg., R.S., Ch. APPLICATION. (i) If the landlord or the person on whom a writ of reentry is served fails to immediately comply with the writ or later disobeys the writ, the failure is grounds for contempt of court against the landlord or the person on whom the writ was served, under Section 21.002, Government Code. January 1, 2010. (f) If a landlord or a landlord's agent violates this section, the tenant may: (1) either recover possession of the premises or terminate the lease; and. (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. Sec. 9, eff. The tenant may unilaterally terminate the lease or exercise other remedies under Sections 92.164 and 92.165 after receiving written notice from a management company that the owner of the dwelling has not provided or will not provide funds to repair, install, change, replace, or rekey a security device as required by this subchapter. Acts 2015, 84th Leg., R.S., Ch. Our contract says we have to give 60 days notice and pay a reletting fee ($1730), plus back-paying the rent concession ($357 per month) we got for signing a year lease, either that or we are liable for the entire years rent (6 x 1678). The term does not include a kitchen, dining room, bathroom, living room, utility room, or closet or storage area of a dwelling. 1268 (H.B. (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). (4) have the condition repaired or remedied if the condition is not covered by Paragraph (A), (B), or (C) of Subdivision (3) of Subsection (d) of this section and involves a condition affecting the physical health or safety of the ordinary tenant as referred to in Paragraph (D) of Subdivision (3) of Subsection (d) of this section and if the landlord has failed to repair or remedy the condition within seven days after delivery of the tenant's notice of intent to repair. LIABILITY OF CERTAIN GUARANTORS UNDER LEASE. 5, eff. 576, Sec. Added by Acts 2013, 83rd Leg., R.S., Ch. from Statutes.Capitol.Texas.gov website.85 % of read more 92.352. Amended by Acts 1993, 73rd Leg., ch. 917 (H.B. (b) If more than one tenant is a party to the lease, not later than the third business day after the date a landlord receives a written request for a copy of a lease from a tenant who has not received a copy of the lease under Subsection (a), the landlord shall provide one complete copy of the lease to the requesting tenant. 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. (C) refund the tenant's security deposit, less lawful deductions, to the person designated under Subdivision (1). 1205, Sec. 917 (H.B. (3) leaving the notice inside the dwelling in a conspicuous place if notice in that manner is authorized in a written lease. (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. Oral notices of change are insufficient. (8) "Multiunit complex" means two or more dwellings in one or more buildings that are: (B) managed by the same owner, agent, or management company; and. 1, eff. 5, eff. 630), Sec. See 91.006 of the Texas Property Code: (a) A landlord has a duty to mitigate damages if a tenant abandons the leased premises in violation of the lease. (h) If a writ of possession is issued, it supersedes a writ of reentry. Jan. 1, 1984. 1, eff. (c) The landlord has the burden of pleading and proving, by clear and convincing evidence, that the landlord gave the tenant the required notice of the illegality and the penalties and that the tenant's violation was done in bad faith. 92.201. 14, eff. (a) A tenant of a landlord who is liable under Section 92.202, 92.203, or 92.204 may obtain or exercise one or more of the following remedies: (1) a court order directing the landlord to make a disclosure required by this subchapter; (2) a judgment against the landlord for an amount equal to the tenant's actual costs in discovering the information required to be disclosed by this subchapter; (3) a judgment against the landlord for one month's rent plus $100; (4) a judgment against the landlord for court costs and attorney's fees; and. Acts 1983, 68th Leg., p. 3632, ch. Acts 2005, 79th Leg., Ch. INSTALLATION PROCEDURE. Renumbered from Sec. You are obligated to pay whatever the move out notice indicates, which you signed and, apparently, agreed to, for each and every month until the apartment is rented to a new tenant or until the date your lease expires, whichever comes first. 6, eff. Sec. (f) Affidavits for delay by a landlord under this section must be submitted in good faith. Amended by Acts 1993, 73rd Leg., ch. However, a landlord may deactivate or remove the locking mechanism of a doorknob lock or remove any device not qualifying as a keyless bolting device if a keyed dead bolt has been installed on the same door. Amended by Acts 1993, 73rd Leg., ch. (j) A tenant and a landlord may agree that the tenant waives a tenant's rights under this section if the tenant or any dependent living with the tenant moves into base housing or other housing within 30 miles of the dwelling. 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. For purposes of this subsection, there shall be a rebuttable presumption that the landlord acted without knowledge of the violation. (c) Repealed by Acts 2009, 81st Leg., R.S., Ch. 5. a judgment against the landlord for attorney 's fees in an action under Subdivision (1) or (3); and 6. unilateral termination of the lease without a court proceeding if the landlord violates Section 92.259(a)(2). 942, Sec. Added by Acts 2021, 87th Leg., R.S., Ch. January 1, 2010. Tweet Twitter . (i) the date the electric service has been interrupted; (ii) a location where the tenant may go during the landlord's normal business hours to make arrangements to pay the bill to reestablish interrupted electric service; (iii) the amount that must be paid to reestablish electric service; (iv) a statement providing that when the tenant makes a payment to reestablish electric service, a landlord may not apply that payment to rent or other amounts owed under the lease; (vi) a description of the tenant's rights under Subsection (j) to avoid interruption of electric service if the interruption will cause a person residing in the tenant's dwelling to become seriously ill or more seriously ill. (i) Unless a dangerous condition exists or the tenant requests disconnection, a landlord may not interrupt or cause the interruption of electric service under Subsection (h) on a day: (1) on which the landlord or a representative of the landlord is not available to collect electric bill payments and reestablish electric service; (2) that immediately precedes a day described by Subdivision (1); or, (A) the previous day's highest temperature did not exceed 32 degrees Fahrenheit and the temperature is predicted to remain at or below that level for the next 24 hours according to the nearest National Weather Service reports; or. 409 (H.B. (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. 651 (H.B. (g) 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 certain sexual offenses or stalking.". 4, eff. 869, Sec. 83), Sec. 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. EMERGENCY PHONE NUMBER. Reletting fees are allowed under Texas state law, but they can't be so high they would be considered excessive by a judge. 7.002(o), eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 9, eff. Sec. 92.159. 1, eff. (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. 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. (c) A security device required by Subsection (a) or (b) must be installed at the landlord's expense. Acts 2007, 80th Leg., R.S., Ch. (ii) the interior of the unit provides access for building wiring through an attic, crawl space, or basement without the removal of interior walls or ceiling finishes; (2) an addition occurs to the unit at a projected cost of more than $5,000; (3) a smoke alarm powered by alternating current was actually installed in the unit at any time prior to September 1, 1987; or. U.S.C. (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. (d) Repealed by Acts 2009, 81st Leg., R.S., Ch. (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. January 1, 2008. Amended by Acts 1993, 73rd Leg., ch. (e) A correction to the information may be made by any of the methods authorized for providing the information. 576, Sec. 2, eff. Sec. 8, eff. 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. 1772), Sec. Sec. (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. Added by Acts 1995, 74th Leg., ch. Sec. (d) A landlord of a tenant who is liable under Subsection (a) may obtain or exercise one or more of the remedies in Subsection (e) if: (1) a lease between the landlord and tenant contains a notice, in underlined or boldfaced print, which states in substance that the tenant must not disconnect or intentionally damage a smoke alarm or remove the battery without immediately replacing it with a working battery and that the tenant may be subject to damages, civil penalties, and attorney's fees under Section 92.2611 of the Property Code for not complying with the notice; and. (d) If a landlord changes the vehicle towing or parking rules or policies during the term of the lease agreement, the landlord shall provide written notice of the change to the tenant before the tenant is required to comply with the rule or policy change. 1399), Sec. Answered on 9/10/03, 6:42 pm. If your tenant leaves early and you have found a new tenant, the previous tenant is not obliged to pay for the remainder of the rent. (e) A fee collected under this section may be used to purchase insurance coverage for damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease. Texas Property Code as it applies to landlord and tenant arrangements. Sec. Written Notice: The clause will specify how much written notice the tenant must give the landlord to end a lease early. Added by Acts 1995, 74th Leg., ch. LANDLORD'S DEFENSES RELATING TO INSTALLING OR REKEYING CERTAIN SECURITY DEVICES. (2) The tenant's right to repair and deduct for conditions involving sewage backup or overflow, flooding inside the dwelling, or a cutoff of potable water under Subsection (e) of Section 92.0561 shall not be affected, and the tenant shall have no duty to give additional notice to the new landlord. INVALID COMPLAINTS. (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. 952, Sec. Otherwise, this subchapter does not affect any other right of a landlord or tenant under contract, statutory law, or common law that is consistent with the purposes of this subchapter or any right a landlord or tenant may have to bring an action for personal injury or property damage under the law of this state. 882), Sec. 7, eff. Sec. REMEDIES. Redesignated from Property Code Sec. 91.002 by Acts 1987, 70th Leg., ch. There is no limit on the amount of the reletting fee, but if it is not reasonable it might be . 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 himself of the contempt in a manner and form as the justice may direct. . The tenant will have to give proper written notice and pay a fee. (c) A landlord's duties and the tenant's remedies under Subchapter B, which covers conditions materially affecting the physical health or safety of the ordinary tenant, may not be waived except as provided in Subsections (d), (e), and (f) of this section. Added by Acts 2005, 79th Leg., Ch. (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. Acts 1983, 68th Leg., p. 3648, ch. (2) "Nonsubmetered master metered multifamily property" means an apartment, a leased or owner-occupied condominium, or one or more buildings containing at least 10 dwellings that receive electric utility service or gas utility service that is master metered but not submetered. (g) A tenant's right to vacate a dwelling and avoid liability under Section 92.016 or 92.017 may not be waived by a tenant or a landlord, except as provided by those sections. RESIDENTIAL TENANT'S RIGHT OF RESTORATION AFTER UNLAWFUL UTILITY DISCONNECTION. Sec. Acts 1983, 68th Leg., p. 3651, ch. 1, eff. In . (2) an earlier date agreed to by the landlord and the tenant. RESIDENTIAL TENANT'S RIGHT OF REENTRY AFTER UNLAWFUL LOCKOUT. 92.258. 1, eff. 92.0135. (a) A landlord may not collect from a tenant a late fee for failing to pay any portion of the tenant's rent unless: (1) notice of the fee is included in a written lease; (3) any portion of the tenant's rent has remained unpaid two full days after the date the rent was originally due. Amended by Acts 1993, 73rd Leg., ch. (2) made a notation in the landlord's files of the time, place, and method of providing the notice and the name of the person who delivered the notice by: (A) hand delivery to the tenant or any occupant of the tenant's dwelling over the age of 16 years at the tenant's dwelling; (B) facsimile to a facsimile number the tenant provided to the landlord for the purpose of receiving notices; or. (b) A landlord may allow an occupancy rate of more than three adult tenants per bedroom: (1) to the extent that the landlord is required by a state or federal fair housing law to allow a higher occupancy rate; or. Unlawful Early Move-Out And Reletting Charge. Acts 2015, 84th Leg., R.S., Ch. 869, Sec. (g) Except as provided by Subsection (h), a fee collected under this section is a security deposit for purposes of this chapter. 534), Sec. (2) United States mail, addressed to the applicant and postmarked on or before the required date. 9, eff. Your written termination notice must include payment of the reletting fee listed in paragraph 28 of your lease agreement. Acts 2017, 85th Leg., R.S., Ch. Aug. 28, 1989. 918, Sec. (2) the landlord has given notice to the tenant that the landlord intends to exercise the landlord's remedies under this subchapter if the tenant does not reconnect, repair, or replace the smoke alarm or replace the removed battery within seven days after being notified by the landlord to do so. (d) The writ of restoration of utility service must be served on either the landlord or the landlord's management company, on-premises manager, or rent collector in the same manner as a writ of possession in a forcible detainer suit. 4, eff. Renumbered from Property Code Sec. 1, eff. The writ of restoration of utility service must notify the landlord of the right to a hearing. (e) If a tenant vacates the premises in breach of a written lease, the landlord may deduct from the tenant's security deposit the reasonable cost incurred by the landlord to rekey a security device as required by this section only if the lease includes a provision that is underlined or printed in boldface type authorizing the deduction. 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. (b) A landlord who knowingly violates Section 92.006 by contracting orally or in writing with a tenant to waive the landlord's duty to repair under this subchapter shall be liable to the tenant for actual damages, a civil penalty of one month's rent plus $2,000, and reasonable attorney's fees. Amended by Acts 1993, 73rd Leg., ch. (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. 92.208. Acts 2011, 82nd Leg., R.S., Ch. January 1, 2014. 21.001, eff. (e) The landlord is entitled to a hearing on the tenant's sworn complaint for reentry. Jan. 1, 1984. 593 (S.B. (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. Acts 1983, 68th Leg., p. 3653, ch. January 1, 2006. 869, Sec. A managing agent, leasing agent, or resident manager is the agent of the landlord for purposes of notice and other communications required or permitted by this subchapter. A wealth of home building and renovating wisdom from years of experience. Jan. 1, 1984. (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. January 1, 2016. PROPERTY CODE TITLE 8. (2) there is no controversy concerning the amount of rent owed. APPLICATION OF OTHER LAW; MUNICIPAL REGULATION. 3167), Sec. 576, Sec. 92.254. Added by Acts 2005, 79th Leg., Ch. A tenant's guest or invitee who suffers damage because the tenant removed a battery without immediately replacing it with a working battery or because the tenant knowingly disconnected or intentionally damaged the smoke alarm, causing it to malfunction, may recover a judgment against the tenant for the damage. Sec. LANDLORD 'S FAILURE TO CORRECT INFORMATION. June 19, 2009. (b) Unless otherwise provided in a written lease, a tenant shall provide one duplicate of the key to any key-operated security device installed or rekeyed by the tenant under Section 92.164(a)(1) or 92.165(1) within a reasonable time after the landlord's written request for the key. 1, eff. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. We will always provide free access to the current law. 13, eff. (C) the landlord, prior to the date of discarding the property, has not been contacted by anyone claiming the property. (k) A landlord may not change the locks on the door of a tenant's dwelling under Subsection (b)(3): (1) when the tenant or any other legal occupant is in the dwelling; or. Jan. 1, 1996. (b) If the landlord makes the notice available under Subsection (a), the applicant shall sign an acknowledgment indicating the notice was made available. Jan. 1, 1996. If a landlord removes any of the items listed in this subsection for a bona fide repair or replacement, the repair or replacement must be promptly performed. LANDLORD 'S DEFENSE. Reletting a Rental Property A landlord relets a property by having a new tenant sign an entirely new lease. (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. How does a Reletting fee work in Texas? Sec. Acts 1983, 68th Leg., p. 3647, ch. The current agreement is ending on 1 June 2021, but the tenant has purchased a property and wants to vacate on 1 May 2021. 1198 (S.B. . January 1, 2014. 2, eff. The landlord has the burden of proving that the tenant received a copy of the rule or policy change. 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? Sec. Sept. 1, 1995. TYPE, BRAND, AND MANNER OF INSTALLATION. Re: Reletting Charge. REMOVAL OF PROPERTY AND EXCLUSION OF RESIDENTIAL TENANT. (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. Acts 2013, 83rd Leg., R.S., Ch. Various state laws limit the maximum amount a landlord can charge, so check your state's laws and regulations. Sec. LANDLORD LIABILITY AND TENANT REMEDIES; NOTICE AND TIME FOR REPAIR. (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). Sec. However . LANDLORD'S DEFENSES RELATING TO COMPLIANCE WITH TENANT'S REQUEST. 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. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Jan. 1, 1998. 92.024. For purposes of this subsection, a pay stub or other statement of earnings issued by the tenant's employer is sufficient verification. Acts 2009, 81st Leg., R.S., Ch. Aug. 28, 1995. 1099), Sec. 92.335. (b) An eviction or lease termination based on the following circumstances, which are valid grounds for eviction or lease termination in any event, does not constitute retaliation: (1) the tenant is delinquent in rent when the landlord gives notice to vacate or files an eviction action; (2) the tenant, a member of the tenant's family, or a guest or invitee of the tenant intentionally damages property on the premises or by word or conduct threatens the personal safety of the landlord, the landlord's employees, or another tenant; (3) the tenant has materially breached the lease, other than by holding over, by an action such as violating written lease provisions prohibiting serious misconduct or criminal acts, except as provided by this section; (4) the tenant holds over after giving notice of termination or intent to vacate; (5) the tenant holds over after the landlord gives notice of termination at the end of the rental term and the tenant does not take action under Section 92.331 until after the landlord gives notice of termination; or. NOTICE TO TENANT AT PRIMARY RESIDENCE. Acts 1983, 68th Leg., p. 3637, ch. (2) the landlord may not allow reoccupancy or reconnection of utilities by separate meter within six months after the date the tenant moves out.