Acts 2005, 79th Leg., Ch. Even if the dwelling is not in a 100-year floodplain, the dwelling may still be susceptible to flooding. COMPLIANCE WITH TENANT REQUEST REQUIRED WITHIN REASONABLE TIME. 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. Acts 2011, 82nd Leg., R.S., Ch. Jan. 1, 1984. 2, eff. January 1, 2010. Acts 2015, 84th Leg., R.S., Ch. The tenant will have to give proper written notice and pay a fee. (b) If written notice of the name and business street address of the company that manages the dwelling has been given to the tenant, the management company is the owner's sole agent for service of process. Sec. (e) A landlord who violates Subsection (b) or (d) is liable to the tenant for an amount equal to the total of one month's rent plus $100 and attorney's fees. 576, Sec. (2) the date on which all of the conditions in Subsection (a) have been met. 357, 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. Reletting is your best course of action if you need to terminate your lease agreement for any reason. (3) a nursing or convalescent home licensed by the Department of State Health Services and certified to meet the Life Safety Code under federal law and regulations. A landlord is entitled to verify the significant financial loss of income in order to determine whether a tenant is entitled to terminate a lease if the tenant has signed a waiver under this section and moves within 30 miles of the dwelling into housing that is not owned or occupied by family or relatives of the tenant or the tenant's dependent. 630), 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. September 1, 2015. (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. Added by Acts 2009, 81st Leg., R.S., Ch. 92.264. A tenant's request or notice under this subchapter may be given orally unless the tenant has a written lease that requires the request or notice to be in writing and that requirement is underlined or in boldfaced print in the lease. (f) Affidavits for delay by a landlord under this section must be submitted in good faith. (3) included in an attachment to the lease agreement that is signed by the tenant, but only if the attachment is expressly referred to in the lease agreement. 12, eff. 869, Sec. (d) A landlord and a tenant may agree for the tenant to repair or remedy, at the landlord's expense, any condition covered by Subchapter B. 92.204. (a) A person other than a tenant who guarantees a lease is liable only for the original lease term except that a person may specify that the person agrees to guarantee a renewal of the lease as provided by Subsection (b). (2) the landlord may not allow reoccupancy or reconnection of utilities by separate meter within six months after the date the tenant moves out. 10, eff. (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. September 1, 2007. 92.111. 9, eff. 2, eff. (5) a keyless bolting device and a door viewer on each exterior door of the dwelling. Jan. 1, 1984. (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. LANDLORD'S DEFENSES RELATING TO COMPLIANCE WITH TENANT'S REQUEST. 0. Sec. (5-a) "Rental application" means a written request made by an applicant to a landlord to lease premises from the landlord. Sec. September 1, 2019. (b) At a minimum, an inspection under this section must include: (1) checking to ensure the fire extinguisher is present; and. 1112, Sec. 650, Sec. 92.205. 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. Section 4001 et seq.). Jan. 1, 1984. If a violation (s) is identified at the time of the City's comprehensive inspection, a follow-up inspection will be required. Jan. 1, 1984. 91.001. 4, eff. 225 (S.B. Join thousands of people who receive monthly site updates. (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. January 1, 2006. BAD FAITH VIOLATION. 10.1 Your Responsibility. 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. (14) "Sliding door security bar" means a bar or rod that can be placed at the bottom of or across the interior side of the fixed panel of a sliding glass door and that is designed to prevent the door from being opened. Sept. 1, 1993. (C) the landlord, prior to the date of discarding the property, has not been contacted by anyone claiming the property. Added by Acts 2015, 84th Leg., R.S., Ch. (2) "Door viewer" means a permanently installed device in an exterior door that allows a person inside the dwelling to view a person outside the door. (2) after the tenant moves out the landlord will either immediately demolish the rental unit or no longer use the unit for residential purposes. (b) If after a casualty loss the rental premises are as a practical matter totally 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, either the landlord or the tenant may terminate the lease by giving written notice to the other any time before repairs are completed. (n) If a delinquent electric bill is paid, or a deferred payment plan is entered into, during normal business hours, the landlord shall reconnect the tenant's electric service within two hours of payment or entry into the deferred payment plan. Amended by Acts 1993, 73rd Leg., ch. Added by Acts 2003, 78th Leg., ch. (2) enter the payment date and amount in a record book maintained by the landlord. September 1, 2011. 92.158. The current agreement is ending on 1 June 2021, but the tenant has purchased a property and wants to vacate on 1 May 2021. (3) "Smoke alarm" means a device designed to detect and to alert occupants of a dwelling unit to the visible and invisible products of combustion by means of an audible alarm. Sec. (Please fully complete and return to us the Texas Realtors Notice of Tenant's Intent To Vacate Form) 2.) If a landlord does not comply with a tenant's request regarding rekeying, changing, adding, repairing, or replacing a security device under Section 92.156(b), 92.157, or 92.158 in accordance with the time limits and other requirements of this subchapter, the tenant may: (1) install, repair, change, replace, or rekey the security devices 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) unilaterally terminate the lease without court proceedings; and. Sec. (i) A landlord is subject to the tenant remedies provided by Section 92.164(a)(4) if the landlord: (1) deactivates or does not install a keyless bolting device, claiming an exemption under Subsection (e), (f), or (g); and. (c) A reasonable time for purposes of Subsections (a) and (b) is presumed to be not later than 72 hours after the time of receipt of the tenant's request and any required advance payment if at the time of making the request the tenant informed the landlord that: (1) an unauthorized entry occurred or was attempted in the tenant's dwelling; (2) an unauthorized entry occurred or was attempted in another unit in the multiunit complex in which the tenant's dwelling is located during the two months preceding the date of the request; or. (2) a tenant has notified the landlord that the tenant has used the fire extinguisher for a legitimate purpose. 534), Sec. LIABILITY OF LANDLORD. (f) A landlord who violates Subsection (b), (c), (d), or (e) is liable for a civil penalty in the amount of $100 plus any towing or storage costs that the tenant incurs as a result of the towing of the tenant's vehicle. Amended by Acts 1989, 71st Leg., ch. Jan. 1, 1984. 1367), Sec. 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. 6, eff. (2) checking to ensure the fire extinguisher gauge or pressure indicator indicates the correct pressure as recommended by the manufacturer of the fire extinguisher. 882), Sec. (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.". Acts 1983, 68th Leg., p. 3637, ch. Sec. (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. (4) failure to pay an electric bill disputed by the tenant, unless the landlord has conducted an investigation as required by the particular case and reported the results in writing to the tenant. Aug. 26, 1985. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Sec. INVALID COMPLAINTS. (2) if an adult whose occupancy causes a violation of Subsection (a) is seeking temporary sanctuary from family violence, as defined by Section 71.004, Family Code, for a period that does not exceed one month. Sec. (b) If the landlord does not provide a written explanation for delay in performing a duty to repair or remedy on or before the fifth day after receiving from the tenant a written demand for an explanation, the landlord has the burden of proving that he made a diligent effort to repair and that a reasonable time for repair did not elapse. (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. (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. 257 (H.B. Amended by Acts 1993, 73rd Leg., ch. January 1, 2014. This was expected because the tenant kept the property manager well informed throughout the process. September 1, 2011. LANDLORD'S DEFENSES. 576, Sec. 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. However, most 2, eff. (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. 593 (S.B. 1, eff. 92.0135. Acts 1983, 68th Leg., p. 3640, ch. (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. (g) eff. Sec. Sec. Need actual paragraphs is Property Code 92 (?) If a municipality or a county revokes a certificate of occupancy for a leased premises because of the landlord's failure to maintain the premises, the landlord is liable to a tenant who is not in default under the lease for: (1) the full amount of the tenant's security deposit; (2) the pro rata portion of any rental payment the tenant has paid in advance; (3) the tenant's actual damages, including any moving costs, utility connection fees, storage fees, and lost wages; and. 92.002. Acts 1983, 68th Leg., p. 3650, ch. My daughter left her off-campus housing in March due to "Shelter in place" and we've been paying rent fo. Jan. 1, 1984. Sec. Acts 2019, 86th Leg., R.S., Ch. 1, eff. 3, eff. 869, Sec. (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). 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. 952, Sec. (a) In this section, "occupant" has the meaning assigned by Section 92.016. 76, 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. in the property and pay rent through a specific date, and the landlord is to allow the tenant to . (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. 1002), Sec. 92.018. (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. Location: Written Notice: The clause will specify how much written notice the tenant must give the landlord to end a lease early. interviewer says fair enough. Sec. Sec. 1099), Sec. 1198 (S.B. 92.0161. CASUALTY LOSS. January 1, 2016. (B) arises from the landlord's failure to provide and maintain in good operating condition a device to supply hot water of a minimum temperature of 120 degrees Fahrenheit. (d) Repealed by Acts 2009, 81st Leg., R.S., 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%). Jan. 1, 1996. Sept. 1, 1997. (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. ADDITIONAL ENFORCEMENT BY LOCAL ORDINANCE. Acts 2009, 81st Leg., R.S., Ch. 3167), Sec. LANDLORD REMEDY FOR TENANT VIOLATION. (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. (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. 576, Sec. 1099), Sec. EFFECT ON OTHER LANDLORD DUTIES AND TENANT REMEDIES. 92.204. 200, Sec. This subsection shall not affect the landlord's duty under Subchapter B to repair or remedy, at the landlord's expense, wastewater stoppages or backups caused by deterioration, breakage, roots, ground conditions, faulty construction, or malfunctioning equipment. January 1, 2010. Amended by Acts 1995, 74th Leg., ch. 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 the contempt action or omission in a manner and form as the justice may direct. 92.162. 337 (H.B. A security deposit is any advance of money, other than a rental application deposit or an advance payment of rent, that is intended primarily to secure performance under a lease of a dwelling that has been entered into by a landlord and a tenant. 650, Sec. LANDLORD LIABILITY AND TENANT REMEDIES; NOTICE AND TIME FOR REPAIR. A waiver under this section must be signed and in writing in a document separate from the lease and must comply with federal law. (b) The tenant shall notify the landlord in writing of any change in the tenant's primary residence address. 92.160. 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) If the tenant withholds rents, causes repairs to be performed, or makes rent deductions for repairs in violation of this subchapter, the landlord may recover actual damages from the tenant. 92.257. 1, eff. 69), Sec. (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. 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. Prop. (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. 1367), Sec. (e) The landlord has met the duty to inspect and repair if the smoke alarm is in good working order after the landlord tests the smoke alarm with smoke, operates the testing button on the smoke alarm, or follows other recommended test procedures of the manufacturer for the particular model. Various state laws limit the maximum amount a landlord can charge, so check your state's laws and regulations. 18 (S.B. Acts 1983, 68th Leg., p. 3632, ch. NOTICE OF TENANT'S DEDUCTION OF REPAIR COSTS FROM RENT. September 1, 2019. 650, Sec. 576, Sec. (a) The landlord is not liable for retaliation under this subchapter if the landlord proves that the action was not made for purposes of retaliation, nor is the landlord liable, unless the action violates a prior court order under Section 92.0563, for: (1) increasing rent under an escalation clause in a written lease for utilities, taxes, or insurance; or. 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. 92.167. (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. Sec. APPLICATION. (b) A landlord who in bad faith does not provide a written description and itemized list of damages and charges in violation of this subchapter: (1) forfeits the right to withhold any portion of the security deposit or to bring suit against the tenant for damages to the premises; and. to cover potential property damage. Sec. (f) 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. (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. 16, Sec. (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. 650, Sec. September 1, 2017. (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. 92.107. 942, Sec. 17.001(64), eff. 1399), Sec. 1, eff. Acts 1983, 68th Leg., p. 3647, ch. 1, eff. (4) obtain judicial remedies according to Section 92.0563. (6) "Required date" means the required date for any acceptance of the applicant under Section 92.352. REMEDIES. 1060 (H.B. 683, Sec. Sec. Acts 2011, 82nd Leg., R.S., Ch. teriyaki chicken donburi wagamama . This subchapter applies to all residential leases. 882), Sec. (15) "Tenant turnover date" means the date a tenant moves into a dwelling under a lease after all previous occupants have moved out. (6) "Keyless bolting device" means a door lock not in the doorknob that locks: (A) with a bolt into a strike plate screwed into the portion of the doorjamb surface that faces the edge of the door when the door is closed or into a metal doorjamb that serves as the strike plate, operable only by knob or lever from the door's interior and not in any manner from the door's exterior, and that is commonly known as a keyless dead bolt; (B) by a drop bolt system operated by placing a central metal plate over a metal doorjamb restraint that protrudes from the doorjamb and that is affixed to the doorjamb frame by means of three case-hardened screws at least three inches in length.
