HARASSMENT. Sec. 1112, Sec. 650, Sec. 12, eff. Sec. (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. Aug. 31, 1987. 337 (H.B. (A) a door lock not in the doorknob that: (i) locks with a bolt into the doorjamb; and, (ii) is operated from the exterior by a key, card, or combination and from the interior by a knob or lever without a key, card, or combination; or. Amended by Acts 1989, 71st Leg., 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. 2, eff. (a) If a security deposit is required by a residential lease, the landlord may choose to offer the tenant an option to pay a fee in lieu of a security deposit. January 1, 2021. Sec. HOA fees are considered "debts" under the FDCPA, and homeowners are protected "consumers." Ladick v. Van Gemert, 146 F. 3d 1205 (10th Cir.1998); Thies v. The tenant has resided in the property for three years with fixed term agreements re-negotiated every six months. 3, eff. Acts 2007, 80th Leg., R.S., Ch. 1109), Sec. Code 92.019 (2023).) (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. LIABILITY OF LANDLORD. The notice shall also contain a reasonable description of the intended repair or remedy. 3101), Sec. In an eviction suit, retaliation by the landlord under Section 92.331 is a defense and a rent deduction lawfully made by the tenant under this chapter is a defense for nonpayment of the rent to the extent allowed by this chapter. 946), Sec. 1, eff. DEFINITIONS. January 1, 2010. 576, Sec. The governing body of the municipality may provide additional notice to the property's tenants and owners after receipt of the service disconnection notice under this subsection. (7) "Landlord" means a dwelling owner, lessor, sublessor, management company, or managing agent, including an on-site manager. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. Added by Acts 2013, 83rd Leg., R.S., Ch. Minimum notice for a tenant to request an early termination of lease (typically 30-60 days) Notice must be written and signed by all tenants involved in the termination. 1, eff. 2404), Sec. 576, Sec. CESSATION OF OWNER'S INTEREST. (c) An individual who owns or leases a dwelling within 3,000 feet of a dwelling as to which a landlord has violated this section, or a governmental entity or civic association acting on behalf of the individual, may file suit against a landlord to enjoin the violation. 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. Jan. 1, 1984. January 1, 2016. This was expected because the tenant kept the property manager well informed throughout the process. 576, Sec. 917 (H.B. DUTY TO REPAIR OR REPLACE. 1198 (S.B. TENANT'S RIGHT TO SUMMON POLICE OR EMERGENCY ASSISTANCE. (b) The tenant shall notify the landlord in writing of any change in the tenant's primary residence address. (b) A tenant who is a servicemember or a dependent of a servicemember may vacate the dwelling leased by the tenant and avoid liability for future rent and all other sums due under the lease for terminating the lease and vacating the dwelling before the end of the lease term if: (1) the lease was executed by or on behalf of a person who, after executing the lease or during the term of the lease, enters military service; or. 1205, Sec. 650, Sec. Sec. (a) A landlord's duty or a tenant's remedy concerning security deposits, security devices, the landlord's disclosure of ownership and management, or utility cutoffs, as provided by Subchapter C, D, E, or G, respectively, may not be waived. (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. 200, Sec. 1414), Sec. A landlord complies with the requirements of this subchapter relating to the provision of smoke alarms in the dwelling unit if the landlord: (1) has a fire detection device, as defined by Section 6002.002, Insurance Code, that includes a fire alarm device, as defined by Section 6002.002, Insurance Code, installed in a dwelling unit; or. Acts 2013, 83rd Leg., R.S., Ch. (a) In this section, "governmental entity" means the state, an agency of the state, or a political subdivision of the state. The landlord is not required to give the tenant a description and itemized list of deductions if: (1) the tenant owes rent when he surrenders possession of the premises; and. Amended by Acts 1985, 69th Leg., ch. September 1, 2019. (c) In addition to other remedies provided by law, if a landlord violates this section, a tenant is entitled to recover from or against the landlord: (1) a civil penalty in an amount equal to one month's rent; (2) actual damages suffered by the tenant as a result of the landlord's violation of this section; (5) reasonable attorney's fees incurred by the tenant in seeking enforcement of this section. Sec. 1, 3, eff. 918, Sec. Jan. 1, 1984. (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. 92.061. 357, Sec. January 1, 2016. 6, eff. January 1, 2010. Sec. (d) Subsections (a) and (b) apply only when a tenant is in possession of a dwelling. Amended by Acts 1985, 69th Leg., ch. 3, eff. 1303), Sec. Re-letting the property voids the original lease, and releases the original tenant from any continuing obligations. 92.0563. Sept. 1, 1997. (b) A tenant may terminate the tenant's rights and obligations under a lease and may vacate the dwelling and avoid liability for future rent and any other sums due under the lease for terminating the lease and vacating the dwelling before the end of the lease term after the tenant complies with Subsection (c) or (c-1). Unless the landlord and tenant agree otherwise under Subsection (g) of this section, repairs may not be made by the tenant, the tenant's immediate family, the tenant's employer or employees, or a company in which the tenant has an ownership interest. 1, eff. (a) Before returning a security deposit, the landlord may deduct from the deposit damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease. 1, eff. Sec. (2) move out without paying rent in full for the entire lease term or renewal period; or. (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. Added by Acts 1995, 74th Leg., ch. This is also known as assignment of the lease to a new party. Mark as helpful. 1, eff. (a) A tenant is liable according to this subchapter if the tenant removes a battery from a smoke alarm without immediately replacing it with a working battery or knowingly disconnects or intentionally damages a smoke alarm, causing it to malfunction. (2) if an entity located off-site from the dwelling is primarily responsible for managing the dwelling, the name and street address of the management company. Jan. 1, 1984. 225 (S.B. 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. 6, eff. 1, eff. 3, eff. 92.051. 1112, Sec. 917 (H.B. RETALIATION BY LANDLORD. 92.163. 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. (h) If a writ of possession is issued, it supersedes a writ of restoration of utility service. 92.159. (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. Venue for an action under this chapter is governed by Section 15.0115, Civil Practice and Remedies Code. Added by Acts 2019, 86th Leg., R.S., Ch. January 1, 2014. 650, Sec. For purposes of this subsection, there shall be a rebuttable presumption that the landlord acted without knowledge of the violation. Aug. 31, 1987. Jan. 1, 1996. 869, Sec. (c) If the tenant decides to pay a fee in lieu of a security deposit, an agreement to collect the fee must be in writing and signed by: (1) the landlord or the landlord's legal representative; and. January 1, 2006. 92.2571. (4) the fee, unless otherwise specified, is not paying for insurance that covers the tenant or otherwise changes the tenant's obligation to pay rent and damages beyond normal wear and tear. Sec. Acts 1983, 68th Leg., p. 3649, ch. Sept. 1, 1999. Amended by Acts 1989, 71st Leg., ch. 1448), Sec. 3101), Sec. (d) For purposes of this section, if a tenant's rent is subsidized in whole or in part by a governmental entity, "one month's rent" means one month's fair market rent. 921 (H.B. Ask Your Own Real Estate Law Question 91.006 supports reletting fees by charging an assessment. 91.002 and amended by Acts 1989, 71st Leg., ch. 92.166. Sometimes, the law can only be enforced in court. 92.0091. DISCLOSURE OF OWNERSHIP AND MANAGEMENT. (2) the tenant requested that the landlord repair, install, change, or rekey the same security device during the 30 days preceding the tenant's request, and the landlord complied with the request. Sec. 1268 (H.B. Sec. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING CERTAIN DECISIONS RELATED TO MILITARY SERVICE. January 1, 2014. 4173), Sec. (b) A landlord shall perform additional rekeying or change a security device at the tenant's expense if requested by the tenant. LANDLORD'S DUTY TO REPAIR OR REPLACE SECURITY DEVICE. 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. Acts 2017, 85th Leg., R.S., Ch. 322 (H.B. (2) on the date the tenant terminates the lease or files suit the tenant has not fully paid costs requested by the landlord and authorized by Section 92.162. Added by Acts 2009, 81st Leg., R.S., Ch. (j) If a tenant in bad faith files a sworn complaint for restoration of utility service resulting in a writ being served on the landlord or landlord's agent, the landlord may in a separate cause of action recover from the tenant an amount equal to actual damages, one month's rent or $500, whichever is greater, reasonable attorney's fees, and costs of court, less any sums for which the landlord is liable to the tenant. 588 (S.B. (5) "Premises" means a tenant's rental unit, any area or facility the lease authorizes the tenant to use, and the appurtenances, grounds, and facilities held out for the use of tenants generally. 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. AGENTS FOR DELIVERY OF NOTICE. (13) "Sliding door pin lock" means a lock on a sliding glass door that consists of a pin or nail inserted from the interior side of the door at the side opposite the door's handle and that is designed to prevent the door from being opened or lifted. January 1, 2020. (a) The tenant must delay contracting for repairs under Section 92.0561 if, before the tenant contracts for the repairs, the landlord delivers to the tenant an affidavit, signed and sworn to under oath by the landlord or his authorized agent and complying with this section. 1, eff. (4) court costs and attorney's fees arising from any related cause of action by the tenant against the landlord. Renumbered from Property Code Sec. 4, eff. 92.334. (6) unilateral termination of the lease without a court proceeding if the landlord violates Section 92.259(a)(2). (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. Sec. For purposes of this subsection, a pay stub or other statement of earnings issued by the tenant's employer is sufficient verification. 91.002 by Acts 1987, 70th Leg., ch. Answer: A reletting or "sublease" charge is an arbitrary number assigned as a value by the landlord to collect for the inconvenience of you making the decision to prematurely exit your lease. (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. However, if the tenant's rent is subsidized in whole or in part by a governmental agency, the deduction limitation of one month's rent shall mean the fair market rent for the dwelling and not the rent that the tenant pays. 630), Sec. 92.013. AGENTS FOR DELIVERY OF NOTICE. (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. 1198 (S.B. Jan. 1, 1984. Added by Acts 2015, 84th Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. (2) failing to correct information given under Section 92.201(b)(1) or (2) or Section 92.201(d) that the landlord knows is incorrect. 1, eff. Acts 2007, 80th Leg., R.S., 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. Acts 1983, 68th Leg., p. 3631, ch. Amended as Sec. Jan. 1, 1996. 576, Sec. LANDLORD AFFIDAVIT FOR DELAY. 92.351. 8 , 2022. (a) A landlord has a duty to mitigate damages if a tenant abandons the leased premises in violation of the lease. Added by Acts 1995, 74th Leg., ch. 2, eff. NOTICE TO TENANT AT PRIMARY RESIDENCE. 650, Sec. This fee is meant to compensate the rental owners for the costs of releasing the unit. Sept. 1, 1995. If the acknowledgment is not signed, there is a rebuttable presumption that the notice was not made available to the applicant. OBLIGATION TO REFUND. 16, eff. Jan. 1, 1984. (d) The tenant remedies under this section are effective on the date the tenant has notice from the utility company of a future cutoff or notice of an actual cutoff, whichever is sooner. 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. 1060 (H.B. 10, eff. (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. Amended by Acts 1993, 73rd Leg., ch. Sept. 1, 1993. 4, eff. Renumbered from Sec. (a) The duties of a landlord and the remedies of a tenant under this subchapter are in lieu of common law, other statutory law, and local ordinances regarding a residential landlord's duty to install, inspect, or repair a fire extinguisher or smoke alarm in a dwelling unit. Acts 2009, 81st Leg., R.S., Ch. 475, Sec. 92.059 and amended by Acts 1995, 74th Leg., ch. (3) "Lease" means any written or oral agreement between a landlord and tenant that establishes or modifies the terms, conditions, rules, or other provisions regarding the use and occupancy of a dwelling. Sec. 5, eff. (c) If the landlord retains all or part of a security deposit under this section, the landlord shall give to the tenant the balance of the security deposit, if any, together with a written description and itemized list of all deductions. 1, Sept. 1, 1995. 650, Sec. or TAR (Texas Association of Realtors) form, then it comports with property code law and means what it says. (j) A landlord may not interrupt or cause the interruption of electric service under Subsection (h) of a tenant who, before the interruption date specified in the notice required by Subsection (h)(3), has: (1) established that the interruption will cause a person residing in the tenant's dwelling to become seriously ill or more seriously ill by having a physician, nurse, nurse practitioner, or other similar licensed health care practitioner attending to the person who is or may become ill provide a written statement to the landlord or a representative of the landlord stating that the person will become seriously ill or more seriously ill if the electric service is interrupted; and. Added by Acts 1989, 71st Leg., ch. 651 (H.B. Added by Acts 1995, 74th Leg., ch. The sample TAA lease for which you provided a link has a blank for a reletting fee. (b) A management company or managing agent who is not the owner of a dwelling and who has not purported to be the owner in the lease has a defense to liability under Sections 92.164 and 92.165 if before the date the tenant is in possession of the dwelling or the date of the tenant's request for installation, repair, replacement, change, or rekeying and before any property damage or personal injury to the tenant, the management company or managing agent: (1) did not have funds of the dwelling owner in its possession or control with which to comply with this subchapter; (2) made written request to the dwelling owner that the owner fund and allow installation, repair, change, replacement, or rekeying of security devices as required under this subchapter and mailed the request, certified mail return receipt requested, to the dwelling owner; and. (b) The tenant must file with the justice court in the precinct in which the rental premises are located a sworn complaint for reentry, specifying the facts of the alleged unlawful lockout by the landlord or the landlord's agent. If a violation (s) is identified at the time of the City's comprehensive inspection, a follow-up inspection will be required. (b) If the tenant gives notice under Subsection (a)(2) and the tenant's lease is in writing, the lease may require the tenant to make the initial request for installation, inspection, or repair of a smoke alarm in writing. LANDLORD'S AGENT FOR SERVICE OF PROCESS. (h) A tenant may not waive a tenant's right to terminate a lease before the end of the lease term, vacate the dwelling, and avoid liability under this chapter. 1, eff. (6) "Required date" means the required date for any acceptance of the applicant under Section 92.352. Need actual paragraphs is Property Code 92 (?) 5, eff. Section 511. Acts 1983, 68th Leg., p. 3632, ch. (e) A correction to the information may be made by any of the methods authorized for providing the information. 14, eff. (a) A monthly tenancy or a tenancy from month to month may be terminated by the tenant or the landlord giving notice of termination to the other. (2) United States mail, addressed to the applicant and postmarked on or before the required date. WAIVER. 92.057(b), (c) and amended by Acts 1995, 74th Leg., ch. A party who prevails in a suit under this subsection may recover court costs and reasonable attorney's fees from the other party. 1, eff. 1, eff. 5, eff. However, this subchapter does not: (1) affect a local ordinance adopted before September 1, 1981, that requires landlords to install smoke alarms in new or remodeled dwelling units before September 1, 1981, if the ordinance conforms with or is amended to conform with this subchapter; (2) limit or prevent adoption or enforcement of a local ordinance relating to fire safety as a part of a building, fire, or housing code, including any requirements relating to the installation of smoke alarms or the type of smoke alarms; (3) otherwise limit or prevent the adoption of a local ordinance that conforms to this subchapter but which contains additional enforcement provisions, except as provided by Subsection (b); or.
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