1, eff. 744, Sec. (m) This section does not affect the rights of a landlord or tenant in a forcible detainer or forcible entry and detainer action. HEIGHT REQUIREMENTS--SLIDING DOOR SECURITY DEVICES. A mutual agreement for tenant repair under Subsection (g) of Section 92.0561 is not a violation of Section 92.006. (2) be installed in a door with a metal doorjamb that serves as the strike plate. 869, Sec. A managing or leasing agent, whether residing or maintaining an office on-site or off-site, is the agent of the landlord for purposes of notice and other communications required or permitted by this subchapter. 534), Sec. 305, Sec. 576, Sec. 92.157. Jan. 1, 1984. 576, Sec. 1112, Sec. (g) Not later than the 30th day after the effective date of the termination of a lease under Subsection (f), the landlord shall refund to the tenant all rent or other amounts paid in advance under the lease for any period after the effective date of the termination of the lease. 12, eff. 1, eff. January 1, 2014. (f) Repairs made pursuant to the tenant's notice must be made by a company, contractor, or repairman listed in the yellow or business pages of the telephone directory or in the classified advertising section of a newspaper of the local city, county, or adjacent county at the time of the tenant's notice of intent to repair. BAD FAITH VIOLATION. Acts 2011, 82nd Leg., R.S., Ch. (f) A tenant who elects to terminate the lease under Subsection (e) is: (1) entitled to a pro rata refund of rent from the date of termination or the date the tenant moves out, whichever is later; (2) entitled to deduct the tenant's security deposit from the tenant's rent without necessity of lawsuit or obtain a refund of the tenant's security deposit according to law; and. Acts 1983, 68th Leg., p. 3647, ch. 92.059 and amended by Acts 1995, 74th Leg., ch. (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. A security device that is installed, changed, or rekeyed under this subchapter becomes a fixture of the dwelling. (b) This section does not authorize a recovery of attorney's fees in an action brought under Subchapter E or F for damages that relate to or arise from property damage, personal injury, or a criminal act. 869, Sec. 92.166. 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. 2, eff. (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. In addition to other remedies provided by law, if a landlord retaliates against a tenant under this subchapter, the tenant may recover from the landlord a civil penalty of one month's rent plus $500, actual damages, court costs, and reasonable attorney's fees in an action for recovery of property damages, moving costs, actual expenses, civil penalties, or declaratory or injunctive relief, less any delinquent rents or other sums for which the tenant is liable to the landlord. Sec. Sec. January 1, 2008. We will always provide free access to the current law. 17.01(44), eff. increasing citizen access. (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. Jan. 1, 1984. 576, Sec. 92.160. 576, Sec. Acts 1983, 68th Leg., p. 3633, ch. 9, eff. (a-1) For purposes of this section, a late fee is considered reasonable if: (A) 12 percent of the amount of rent for the rental period under the lease for a dwelling located in a structure that contains not more than four dwelling units; or, (B) 10 percent of the amount of rent for the rental period under the lease for a dwelling located in a structure that contains more than four dwelling units; or. (q) The landlord may not evict a tenant for failure to pay an electric bill when the landlord has interrupted the tenant's electric service under Subsection (h) unless the tenant fails to pay for the electric service after the electric service has been interrupted for at least two days, not including weekends or state or federal holidays. (a) A landlord shall install at least one smoke alarm in each separate bedroom in a dwelling unit. (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. Answered on 9/10/03, 6:42 pm. Jan. 1, 1984. Added by Acts 1999, 76th Leg., ch. (3) after the tenant gives a repair notice to the landlord and after the landlord has had a reasonable time to make repairs, the tenant is entitled only to the remedies under Subsection (d) of this section and Subdivisions (3), (4), and (5) of Subsection (a) of Section 92.0563. In Texas the re-let fee cannot exceed 85 percent of your monthly rent. 92.206. 1, eff. (j) A person who receives information under Subsection (c), (c-1), or (d) may not disclose the information to any other person except for a legitimate or customary business purpose or as otherwise required by law. A provision of a rental application that purports to waive a right or exempt a party from a liability or duty under this subchapter is void. 512 (H.B. Sec. LANDLORD'S DEFENSES. 1198 (S.B. A sliding door pin lock or sliding door security bar required by this subchapter must be installed at a height not higher than: (1) 54 inches from the floor, if installed before September 1, 1993; or. Sec. 92.0191. 650, Sec. 92.013. (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. 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. (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. (b) Notice under this section must be in writing and may be given in person, by mail, or by delivery to the premises. Sec. Added by Acts 2019, 86th Leg., R.S., Ch. 92.332 by Acts 1997, 75th Leg., ch. A landlord may not require a tenant to pay for other repairs or replacements of a security device except as provided by Subsections (b), (c), and (d). 5.202 Texas Property Code - PROP 5.202. 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. 91.002 by Acts 1987, 70th Leg., ch. (k) If the tenant challenges the claim for damages or unpaid rent and that challenge results in a determination by the landlord or by a court that the notice of indebtedness is incorrect, the indebtedness is void and the landlord may not file an insurance claim for insurance purchased under Subsection (e) in the amount of the voided indebtedness. WHEN TENANT'S REQUEST OR NOTICE MUST BE IN WRITING. (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. 357, Sec. U.S.C. Sept. 1, 1993. 92.251. If a landlord offers a tenant the option of paying a fee in lieu of a security deposit, the landlord: (1) shall offer the tenant the option to instead pay a security deposit; and. Sec. 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. (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. LANDLORD'S DEFENSE. 2.28, eff. A landlord is not exempt as provided by this subsection if the landlord knows or has reason to know that the requirements of this subsection are not fulfilled. 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. 1002), Sec. The deferred payment plan must allow the tenant to pay the outstanding electric bill in installments that extend beyond the due date of the next electric bill and must provide that the delinquent amount may be paid in equal installments over a period equal to at least three electric service billing cycles. (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. 921 (H.B. Jan. 1, 1984. DEFINITIONS. Sec. (h) Subject to Subsections (i), (j), (k), (m), and (o), a landlord who submeters electricity or allocates or prorates nonsubmetered master metered electricity may interrupt or cause the interruption of electric service for nonpayment by the tenant of an electric bill issued to the tenant if: (1) the landlord's right to interrupt electric service is provided by a written lease entered into by the tenant; (2) the tenant's electric bill is not paid on or before the 12th day after the date the electric bill is issued; (3) advance written notice of the proposed interruption is delivered to the tenant by mail or hand delivery separately from any other written content that: (A) prominently displays the words "electricity termination notice" or similar language underlined or in bold; (i) the date on which the electric service will be interrupted; (ii) a location where the tenant may go during the landlord's normal business hours to make arrangements to pay the bill to avoid interruption of electric service; (iii) the amount that must be paid to avoid interruption of electric service; (iv) a statement providing that when the tenant makes a payment to avoid interruption of electric service, the landlord may not apply that payment to rent or other amounts owed under the lease; (v) a statement providing that the landlord may not evict a tenant for failure to pay an electric bill when the landlord has interrupted the tenant's electric service unless the tenant fails to pay for the electric service after the electric service has been interrupted for at least two days, not including weekends or state or federal holidays; and, (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; and, (C) is delivered not earlier than the first day after the bill is past due or later than the fifth day before the interruption date stated in the notice; and. The Texas Legislature amended Section 207.003 and set a maximum fee that may [] Sec. Re: Reletting Fee. The landlord's duty of inspection and repair of smoke alarms under Subchapter F may be waived only by written agreement. LANDLORD'S DUTY TO REPAIR OR REPLACE SECURITY DEVICE. 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. ADDITIONAL ENFORCEMENT BY LOCAL ORDINANCE. Jan. 1, 1984. 531), 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. Sec. 576, Sec. 1, eff. (f) If a landlord violates this section and a tenant suffers a substantial loss or damage to the tenant's personal property as a result of flooding, the tenant may terminate the lease by giving a written notice of termination to the landlord not later than the 30th day after the date the loss or damage occurred. 92.155. (6) the tenant was not delinquent in the payment of rent at the time any notice required by this subsection was given. (a) In a lawsuit by a tenant under either a written or oral lease for a dwelling or in a suit to enforce a legal obligation of the owner as landlord of the dwelling, the owner's agent for service of process is determined according to this section. (k) For purposes of Subsection (j), "significant financial loss of income" means a reduction of 10 percent or more of the tenant's household income caused by the tenant's military service. Reletting a Rental Property A landlord relets a property by having a new tenant sign an entirely new lease. (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. (d) A fee in lieu of a security deposit must be: (1) a recurring fee of equivalent amount; and. 83), Sec. 2, eff. (3) the representative signs an inventory of the removed property, if required by the landlord or the landlord's agent. A document signed after 1981 must include the grantee's mailing address. Added by Acts 2005, 79th Leg., Ch. September 1, 2007. Sept. 1, 1993; Acts 1995, 74th Leg., ch. Amended by Acts 1989, 71st Leg., ch. Acts 2009, 81st Leg., R.S., Ch. INSPECTION AND REPAIR. LANDLORD REMEDY FOR TENANT VIOLATION. 3, eff. 92.062. 1, eff. Acts 1983, 68th Leg., p. 3650, ch. Sec. Sept. 1, 1993. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 92.105. 92.1031. 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. 92.110. (g) A keyed dead bolt or a doorknob lock is not required to be installed at the landlord's expense on an exterior door if at the time the tenant agrees to lease the dwelling: (1) at least one exterior door usable for normal entry into the dwelling has both a keyed dead bolt and a keyless bolting device, installed in accordance with the height, strike plate, and throw requirements of Section 92.154; and. 1, eff. (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. 322 (H.B. 92.202. Prop. 2, eff. Sept. 1, 1993. (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. 92.351. STATEMENT OF LATE FEES. 92.168. 92.264. (a) A landlord or a landlord's agent may not interrupt or cause the interruption of utility service paid for directly to the utility company by a tenant unless the interruption results from bona fide repairs, construction, or an emergency. 92.156. (2) more than once during a rental payment period. Jan. 1, 1998. The device must be: (A) a clear glass pane or one-way mirror; or. 650, Sec. 92.158 and amended 2001, 77th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. Amended by Acts 1995, 74th Leg., ch. TENANT REMEDIES. If you're "a Continue Reading Pearl York 40 Years of Family Law Practice, now retired. (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. 92.0561. A landlord who in bad faith fails to refund an application fee or deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the amount wrongfully retained, and the applicant's reasonable attorney's fees. 1, eff. 1168), Sec. Sec. Sec. Sept. 1, 1993. (2) "Bedroom" means an area of a dwelling intended as sleeping quarters. 3, eff. (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. we provide special support Jan. 1, 1996; Acts 1995, 74th Leg., ch. (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. Sept. 1, 1989. (a) A landlord that has an on-site management or superintendent's office for a residential rental property must provide to a tenant a telephone number that will be answered 24 hours a day for the purpose of reporting emergencies related to a condition of the leased premises that materially affects the physical health or safety of an ordinary tenant. Added by Acts 2011, 82nd Leg., R.S., Ch. Reletting is your best bet if you have a special circumstance (i.e. (a) If a landlord does not comply with Section 92.153 or 92.156(a) regarding installation or rekeying of a security device, the tenant may: (1) install or rekey the security device as required by this subchapter and deduct the reasonable cost of material, labor, taxes, and extra keys from the tenant's next rent payment, in accordance with Section 92.166; (2) serve a written request for compliance on the landlord, and, except as provided by Subsections (b) and (c), if the landlord does not comply on or before the third day after the date the notice is received, unilaterally terminate the lease without court proceedings; (3) file suit against the landlord without serving a request for compliance and obtain a judgment for: (A) a court order directing the landlord to comply, if the tenant is in possession of the dwelling; (D) attorney's fees except in suits for recovery of property damages, personal injuries, or wrongful death; and. 917 (H.B. 1, eff. (c-1) As a precondition for allowing a tenant to park in a specific parking space or a common parking area that the landlord has made available for tenant use, the landlord may require a tenant to provide only the make, model, color, year, license number, and state of registration of the vehicle to be parked. 1099), Sec. In this subchapter: (1) "Doorknob lock" means a lock in a doorknob, with the lock operated from the exterior by a key, card, or combination and from the interior without a key, card, or combination. Acts 2009, 81st Leg., R.S., Ch. (a) A landlord may not remove a door, window, or attic hatchway cover or a lock, latch, hinge, hinge pin, doorknob, or other mechanism connected to a door, window, or attic hatchway cover from premises leased to a tenant or remove furniture, fixtures, or appliances furnished by the landlord from premises leased to a tenant unless the landlord removes the item for a bona fide repair or replacement. (5) a keyless bolting device and a door viewer on each exterior door of the dwelling. LIABILITY OF LANDLORD. Reletting is a penalty for breaking your lease. Amended by Acts 1997, 75th Leg., ch. Jan. 1, 1984. 165, Sec. Added by Acts 1995, 74th Leg., ch. A waiver under this section does not apply if: (1) the tenant or the tenant's dependent moves into housing owned or occupied by family or relatives of the tenant or the tenant's dependent; or. 1186), Sec. WAIVER OR EXPANSION OF DUTIES AND REMEDIES. (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. Sec. EXEMPTIONS. There is always an early . 475, Sec. 1, eff. 92.151. (10) "Rekey" means to change or alter a security device that is operated by a key, card, or combination so that a different key, card, or combination is necessary to operate the security device. (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. This duty does not exist with respect to damage or a malfunction caused by the tenant, the tenant's family, or the tenant's guests or invitees during the term of the lease or a renewal or extension, except that the landlord has a duty to repair or replace the smoke alarm if the tenant pays in advance the reasonable repair or replacement cost, including labor, materials, taxes, and overhead. No further notice from the tenant is necessary in order for the tenant to repair or remedy the condition after a reasonable time has elapsed. Added by Acts 2019, 86th Leg., R.S., Ch. 630), Sec. 92.007. On request of the tenant, the landlord shall provide the statement to the tenant by any established means regularly used for written communication between the landlord and the tenant. (g) A party may appeal from the court's judgment at the hearing on the sworn complaint for restoration of utility service in the same manner as a party may appeal a judgment in a forcible detainer suit. (4) a temporary residential tenancy created by a contract for sale in which the buyer occupies the property before closing or the seller occupies the property after closing for a specific term not to exceed 90 days. 1, eff. 11, eff. January 1, 2010. 1, eff. Aug. 31, 1987. Sec. Sept. 1, 2001. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING CERTAIN DECISIONS RELATED TO MILITARY SERVICE. This fee is meant to compensate the rental owners for the costs of releasing the unit. The current agreement is ending on 1 June 2021, but the tenant has purchased a property and wants to vacate on 1 May 2021. (2) exempt any party from a liability or a duty under this section. Sec. 92.107. (g) A landlord and a tenant may mutually agree for the tenant to repair or remedy, at the landlord's expense, any condition of the dwelling regardless of whether it materially affects the health or safety of an ordinary tenant. 14, eff. Sept. 1, 1995. (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. LIABILITY FOR WITHHOLDING LAST MONTH'S RENT. A landlord who issues a parking permit to a tenant: (1) must issue the permit for a term that is coterminous with the tenant's lease term; and. (a) Except as provided by Subsections (b), (e), (f), (g), and (h) and without necessity of request by the tenant, a dwelling must be equipped with: (1) a window latch on each exterior window of the dwelling; (2) a doorknob lock or keyed dead bolt on each exterior door; (3) a sliding door pin lock on each exterior sliding glass door of the dwelling; (4) a sliding door handle latch or a sliding door security bar on each exterior sliding glass door of the dwelling; and. 399), Sec. 92.005.
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