CLOSING THE RENTAL PREMISES. Added by Acts 1999, 76th Leg., ch. Sept. 1, 1989; Acts 1989, 71st Leg., ch. (d) If the landlord closes the rental unit after the tenant gives the landlord a notice to repair and the tenant moves out on or before the end of the rental term, the landlord must pay the tenant's actual and reasonable moving expenses, refund a pro rata portion of the tenant's rent from the date the tenant moves out, and, if otherwise required by law, return the tenant's security deposit. Acts 2009, 81st Leg., R.S., Ch. (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. Sec. Added by Acts 1989, 71st Leg., ch. This is because under Texas law (Tex. 357, Sec. 1, eff. (f) A landlord and tenant may agree that, except for those conditions caused by the negligence of the landlord, the tenant has the duty to pay for repair of the following conditions that may occur during the lease term or a renewal or extension: (1) damage from wastewater stoppages caused by foreign or improper objects in lines that exclusively serve the tenant's dwelling; (2) damage to doors, windows, or screens; and. (c) If the tenant has complied with Subsection (b) and if the justice reasonably believes an unlawful utility disconnection has likely occurred, the justice may issue, ex parte, a writ of restoration of utility service that entitles the tenant to immediate and temporary restoration of the disconnected utility service, pending a final hearing on the tenant's sworn complaint. Unlawful Early Move-Out And Reletting Charge. 1072 (H.B. (d) Except as provided by Subsection (f), this section does not affect a tenant's liability for delinquent, unpaid rent or other sums owed to the landlord before the lease was terminated by the tenant under this section. 1, eff. 576, Sec. Sec. This is referred to as the landlord's duty to "mitigate damages". 2, eff. (5) a keyless bolting device and a door viewer on each exterior door of the dwelling. 92.157. TENANT REMEDIES. 1, eff. 92.056. Amended by Acts 1997, 75th Leg., ch. 92.254. 1, eff. 3167), Sec. 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. Sec. 3) You must continue paying rent each month on the first, until a replacement tenant is found and starts paying rent for you. (c) A landlord who violates this section is liable to the tenant for an amount equal to the sum of $100, three times the amount of the late fee collected in violation of this section, and the tenant's reasonable attorney's fees. 3, eff. 650, Sec. (c) A tenant who terminates a lease under Subsection (b) shall deliver to the landlord or landlord's agent: (1) a written notice of termination of the lease; and. Sec. January 1, 2021. (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. PERSONAL PROPERTY AND SECURITY DEPOSIT OF DECEASED TENANT. 337 (H.B. Sept. 1, 1995; Acts 1995, 74th Leg., ch. (2) "Dwelling unit" means a home, mobile home, duplex unit, apartment unit, condominium unit, or any dwelling unit in a multiunit residential structure. In this subchapter: (1) "Bedroom" means a room designed with the intent that it be used for sleeping purposes. HARASSMENT. Check your specific lease agreement or renewal for your amount. (f) An appeal of a judgment of a justice court under this section takes precedence in county court and may be held at any time after the eighth day after the date the transcript is filed in the county court. Sec. (2) within a reasonable time after receiving a written request by a tenant. (a) This subchapter does not apply to: (1) a room in a hotel, motel, or inn or to similar transient housing; (2) residential housing owned or operated by a public or private college or university accredited by a recognized accrediting agency as defined under Section 61.003, Education Code; (3) residential housing operated by preparatory schools accredited by the Texas Education Agency, a regional accrediting agency, or any accrediting agency recognized by the commissioner of education; or. (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. 92.204. (d) 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) the tenant provides a copy of the relevant documentation described by Subsection (c) or (c-1) to the landlord; (2) 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; (3) the 30th day after the date the tenant provided notice under Subdivision (2) expires; and. 92.110. (d) A landlord may not intentionally prevent a tenant from entering the leased premises under Subsection (b)(3) unless: (1) the landlord's right to change the locks because of a tenant's failure to timely pay rent is placed in the lease; (2) the tenant is delinquent in paying all or part of the rent; and. 9, eff. LIABILITY OF LANDLORD. (d) Termination of a lease under this section is effective: (1) in the case of a lease that provides for monthly payment of rent, on the 30th day after the first date on which the next rental payment is due after the date on which the notice under Subsection (c)(1) is delivered; or. 1099), Sec. September 1, 2015. The sample TAA lease for which you provided a link has a blank for a reletting fee. (b) A landlord shall perform additional rekeying or change a security device at the tenant's expense if requested by the tenant. Added by Acts 1993, 73rd Leg., ch. 12, eff. SUBCHAPTER F. SMOKE ALARMS AND FIRE EXTINGUISHERS. (12) "Sliding door handle latch" means a latch or lock: (A) located near the handle on a sliding glass door; (B) operated with or without a key; and. (2) be installed in a door with a metal doorjamb that serves as the strike plate. 189 (S.B. 92.203. (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. January 1, 2008. (c) If the tenant has complied with Subsection (b) and if the justice reasonably believes an unlawful lockout has likely occurred, the justice may issue, ex parte, a writ of reentry that entitles the tenant to immediate and temporary possession of the premises, pending a final hearing on the tenant's sworn complaint for reentry. (C) taping the notice to the inside of the main entry door of the tenant's dwelling. Jan. 1, 1996. Acts 1983, 68th Leg., p. 3637, ch. 12, eff. (r) Subject to this subsection, a reconnection fee may be applied if electric service to the tenant is disconnected for nonpayment of bills under Subsection (h). (2) the landlord does not install, inspect, or repair the smoke alarm on or before the seventh day after the date the tenant gives the landlord written notice that the tenant may exercise his remedies under this subchapter if the landlord does not comply with the request within seven days. 4, eff. In addition, Sec. (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. (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 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. (c) When deducting for the tenant's payment of the landlord's utility bill under this section, the tenant shall submit to the landlord a copy of a receipt from the utility company which evidences the amount of payment made by the tenant to reconnect or avert cutoff of utilities. 31.01(71), eff. Acts 1983, 68th Leg., p. 3635, ch. PRESUMPTION OF REFUND OR ACCOUNTING. (a) If the owner's interest in the premises is terminated by sale, assignment, death, appointment of a receiver, bankruptcy, or otherwise, the new owner is liable for the return of security deposits according to this subchapter from the date title to the premises is acquired. (6) No provision of this section shall affect any right of a foreclosing superior lienholder to terminate, according to law, any interest in the premises held by the holders of subordinate liens, encumbrances, leases, or other interests and shall not affect any right of the tenant to terminate the lease according to law. Jan. 1, 1984. 92.005. Added by Acts 2005, 79th Leg., Ch. 1. LANDLORD'S DEFENSES RELATING TO COMPLIANCE WITH TENANT'S REQUEST. Sec. EXEMPTIONS. Sec. (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. 576, Sec. (3) the amount of rent and other charges for which the tenant is delinquent. Jan. 1, 1984. Landlord's Responsibility to Re-rent in Texas According to Tex. If the dwelling has no mailbox and has a keyless bolting device, alarm system, or dangerous animal that prevents the landlord from entering the premises to leave the notice on the inside of the main entry door, the landlord may securely affix the notice on the outside of the main entry door. Sec. For purposes of this subsection, a tenant suffers a substantial loss or damage to personal property if the total cost of repairs to or replacement of the personal property is 50 percent or more of the personal property's market value on the date the flooding occurred. (c) After receipt of the notice provided under Subsection (a), the landlord shall provide a copy of the written lease agreement to the person who provided the notice on written request of that person. January 1, 2020. 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. 1, eff. Reletting is a penalty for breaking your lease. 3, 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. In Texas the re-let fee cannot exceed 85 percent of your monthly rent. September 1, 2021. NONRETALIATION. 92.253. 92.334 by Acts 1997, 75th Leg., ch. 2, eff. (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. Sept. 1, 1997. 969 (H.B. Acts 2007, 80th Leg., R.S., Ch. 534), Sec. 92.201. SUBCHAPTER E. DISCLOSURE OF OWNERSHIP AND MANAGEMENT. 92.006. Sec. (a) Upon written request of a landlord, the landlord's tenant shall: (1) provide the landlord with the name, address, and telephone number of a person to contact in the event of the tenant's death; and. 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. (2) date the landlord accepts an application deposit if the landlord does not furnish the applicant an application form. Acts 2011, 82nd Leg., R.S., Ch. (c) Except as provided in Subsection (d), in the event of the death of a tenant who is the sole occupant of a rental dwelling: (1) the landlord may remove and store all property found in the tenant's leased premises; (2) the landlord shall turn over possession of the property to the person who was designated by the tenant under Subsection (a) or (b) or to any other person lawfully entitled to the property if the request is made prior to the property being discarded under Subdivision (5); (3) the landlord shall refund the tenant's security deposit, less lawful deductions, including the cost of removing and storing the property, to the person designated under Subsection (a) or (b) or to any other person lawfully entitled to the refund; (4) the landlord may require any person who removes the property from the tenant's leased premises to sign an inventory of the property being removed; and. 1, eff. (e) Except as provided in Subsection (f), a tenant to whom a landlord is liable under Subsection (b) of this section may: (2) have the condition repaired or remedied according to Section 92.0561; (3) deduct from the tenant's rent, without necessity of judicial action, the cost of the repair or remedy according to Section 92.0561; and. 4, eff. 92.0132. TERM OF PARKING PERMIT. 92.058. 683, Sec. 826, Sec. 942, Sec. 92.162. 576, Sec. Amended by Acts 1995, 74th Leg., ch. (h) Repairs made pursuant to the tenant's notice must be made in compliance with applicable building codes, including a building permit when required. 1367), Sec. Sec. The reconnection fee must be computed based on the average cost to the landlord for the expenses associated with the reconnection, but may not exceed $10. (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. (3) file suit against the landlord and obtain a judgment for: (C) punitive damages if the tenant suffers actual damages and the landlord's failure to comply is intentional, malicious, or grossly negligent; Sec. 1205, Sec. 322 (H.B. 3, eff. (B) a peephole having a barrel with a one-way lens of glass or other substance providing an angle view of not less than 160 degrees. Acts 1983, 68th Leg., p. 3641, ch. RETALIATION BY LANDLORD. 576, Sec. (d) The acknowledgment may be part of the rental application if the notice is underlined or in bold print. 576, Sec. CONDITIONS FOR RETENTION OF SECURITY DEPOSIT OR RENT PREPAYMENT. Amended by Acts 1989, 71st Leg., ch. 1, eff. (m) If an insurer seeks reimbursement under Subsection (l)(2), the insurer must include in the reimbursement demand: (1) evidence of damages or unpaid rent that the landlord submitted to the insurer; (2) evidence of damage repair costs that the landlord submitted to the insurer; and. Sec. Texas Rules on Cash Rental Payments The landlord has a duty to mitigate its damages and try to re-let the apartment but this can be difficult to enforce. 921 (H.B. (i) A landlord may not charge a tenant for normal wear and tear of a dwelling. January 1, 2014. 92.160. The same if you're forced to move out because of lease violations. 92.3515. (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. 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. DEFINITIONS. 869, Sec. (c) If the rules or policies are contained in the lease agreement or an attachment to the lease agreement, the title to the paragraph containing the rules or policies must read "Parking" or "Parking Rules" and be capitalized, underlined, or printed in bold print. 576, Sec. (3) "Exterior door" means a door providing access from a dwelling interior to the exterior. Acts 1983, 68th Leg., p. 3649, ch. (d) If there is more than one tenant on a lease, the landlord is not required under this section to send notices to the primary residence of more than one tenant. 921 (H.B. 48, Sec. 869, Sec. 576, Sec. 5, eff. Aug. 28, 1989. 5, eff. 2.63, eff. Acts 2015, 84th Leg., R.S., Ch. 1, eff. Senate Bill 1588 modifies Section 209.0064 of the Texas Property Code, which requires written notice of a delinquent account be sent to property owners by a property owners association that administers a subdivision development before the property owner can be made liable for the fees of a collection agent. (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. 92.205. 48, Sec. 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. (2) payable at the time each rent payment is due during the lease. Need actual paragraphs is Property Code 92 (?) Find more help from the . (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. 357, Sec. NOTICE TO TENANT AT PRIMARY RESIDENCE. (f) If a landlord, after being furnished with a copy of this subchapter, knowingly violates Subsection (c), the landlord shall be liable to the estate of the deceased tenant for actual damages. Amended by Acts 1989, 71st Leg., ch. The drop bolt system must prevent the door from being opened unless the central plate is lifted off of the doorjamb restraint by a person who is on the interior side of the door. (2) the landlord secures a replacement tenant satisfactory to the landlord and the replacement tenant occupies the dwelling on or before the commencement date of the lease. It also means a "dwelling" as defined by Section 92.001. (2) actual expenses incurred by the landlord in securing the replacement, including a reasonable amount for the time of the landlord in securing the replacement tenant. (11) "Security device" means a doorknob lock, door viewer, keyed dead bolt, keyless bolting device, sliding door handle latch, sliding door pin lock, sliding door security bar, or window latch in a dwelling. 6, eff. Jan. 1, 1984. 92.104. Sec. (l) A deferred payment plan for the purposes of this section must be in writing. (Please fully complete and return to us the Texas Realtors Notice of Tenant's Intent To Vacate Form) 2.) Aug. 31, 1987. 1, eff. (2) 48 inches from the floor, if installed on or after September 1, 1993. (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. It prohibits them for withholding a portion of the deposit for repairs of conditions caused by normal wear and tear. (a) A landlord may not retaliate against a tenant by taking an action described by Subsection (b) because the tenant: (1) in good faith exercises or attempts to exercise against a landlord a right or remedy granted to the tenant by lease, municipal ordinance, or federal or state statute; (2) gives a landlord a notice to repair or exercise a remedy under this chapter; (3) complains to a governmental entity responsible for enforcing building or housing codes, a public utility, or a civic or nonprofit agency, and the tenant: (A) claims a building or housing code violation or utility problem; and, (B) believes in good faith that the complaint is valid and that the violation or problem occurred; or. A repair bill and receipt may be the same document. 1, eff. 1420, Sec. Amended by Acts 1989, 71st Leg., ch. Jan. 1, 1984. 1, eff. Jan. 1, 1984. (3) the landlord is expressly required or permitted to periodically check on the well-being or health of the tenant as a part of a written lease or other written agreement. 3, eff. 1, eff. (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. (4) establishes, attempts to establish, or participates in a tenant organization. Amended by Acts 1993, 73rd Leg., ch. 17, eff. 2, eff. Jan. 1, 1984. There is no limit on the amount of the reletting fee, but if it is not reasonable it might be . (a) A landlord has a duty to mitigate damages if a tenant abandons the leased premises in violation of the lease. Sec. 409 (H.B. (h) If a writ of possession is issued, it supersedes a writ of reentry. 1, eff. LANDLORD'S FAILURE TO DISCLOSE INFORMATION. Acts 2011, 82nd Leg., R.S., Ch. (a) Except as provided by this section, the tenant has the burden of proof in a judicial action to enforce a right resulting from the landlord's failure to repair or remedy a condition under Section 92.052. 8, eff. 3, eff. 650, Sec. (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. This subchapter applies to all residential leases. (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. Acts 1983, 68th Leg., p. 3647, ch. September 1, 2019. 92.205. (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. 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. (2) a copy of documentation of the family violence against the tenant or an occupant from: (A) a licensed health care services provider who examined the victim; (B) a licensed mental health services provider who examined or evaluated the victim; or.