Jan. 1, 1996. January 1, 2014. Added by Acts 1989, 71st Leg., ch. 1, eff. Added by Acts 2003, 78th Leg., ch. Sec. This is also known as assignment of the lease to a new party. September 1, 2019. 1112, Sec. 1, eff. January 1, 2021. Acts 2013, 83rd Leg., R.S., Ch. DUTY TO REPAIR OR REPLACE. 629 (S.B. (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. Section 92.019 Late Payment of Rent; Fees, (c-2) Notwithstanding Subsection (c-1), a municipal housing authority located in a municipality that has a population of more than 500,000 and is not more than 50 miles from an international border, or a public facility corporation, affiliate, or subsidiary of the authority, may require that vehicles parked in a community of the authority, corporation, affiliate, or subsidiary be registered with the housing authority. 576, 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. The same if you're forced to move out because of lease violations. APPLICATION. Section 4001 et seq.). 3, eff. 92.002. 917 (H.B. Added by Acts 1999, 76th Leg., ch. TENANT REMEDIES FOR OTHER LANDLORD VIOLATIONS. Jan. 1, 1996. Acts 1983, 68th Leg., p. 3632, ch. Jan. 1, 1996; Acts 1995, 74th Leg., ch. Sec. 357, Sec. (6) "Required date" means the required date for any acceptance of the applicant under Section 92.352. LATE PAYMENT OF RENT; FEES. The landlord may satisfy that burden of proof by providing evidence that the landlord: (1) delivered the notice by certified mail, return receipt requested, addressed to the tenant at the tenant's dwelling; or. Sec. (f) Affidavits for delay by a landlord under this section must be submitted in good faith. (e) If the requirements of Subsection (d) of this section are met, a tenant may: (1) have the condition repaired or remedied immediately following the tenant's notice of intent to repair if the condition involves sewage or flooding as referred to in Paragraph (A) of Subdivision (3) of Subsection (d) of this section; (2) have the condition repaired or remedied if the condition involves a cessation of potable water as referred to in Paragraph (A) of Subdivision (3) of Subsection (d) of this section and if the landlord has failed to repair or remedy the condition within three days following the tenant's delivery of notice of intent to repair; (3) have the condition repaired or remedied if the condition involves inadequate heat or cooled air as referred to in Paragraph (C) of Subdivision (3) of Subsection (d) of this section and if the landlord has failed to repair the condition within three days after delivery of the tenant's notice of intent to repair; or. (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. 83), Sec. (5) "Landlord" means a prospective landlord to whom a person makes application for rental of a dwelling. 7, eff. Sec. 969 (H.B. 3, eff. 1, eff. 3, eff. 1, eff. 357, Sec. If a landlord spends the equivalent of the reletting fee to re-rent the apartment, then that is a legitimate charge. (b-1) A tenant may obtain relief under Subsection (b) if the tenant provides the landlord or the landlord's agent: (1) a copy of one or more of the following orders protecting the tenant or an occupant from family violence: (A) a temporary injunction issued under Subchapter F, Chapter 6, Family Code; (B) a temporary ex parte order issued under Chapter 83, Family Code; (C) a protective order issued under Chapter 85, Family Code; or, (D) an order of emergency protection under Article 17.292, Code of Criminal Procedure; or. Landlords who violate these rules could end up owing the tenant $100, three times the amount of the late fee that was wrongfully collected, and the tenant's attorneys' fees. Sept. 1, 1995. 92.353. LANDLORD 'S DEFENSE. 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. The bar or tube must be capable of being secured to both of the screw hooks and must be permanently attached in some way to the door frame stud or wall stud. 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. The hearing shall be held not earlier than the first day and not later than the seventh day after the date the landlord requests a hearing. (h) A security device required by this section must be operable throughout the time a tenant is in possession of a dwelling. 6, eff. Aug. 31, 1987. 92.0161. (6) the tenant was not delinquent in the payment of rent at the time any notice required by this subsection was given. 92.024. (c) Subsection (b) does not prohibit a guarantor from voluntarily entering into an agreement at the time of the renewal of a lease, in a separate written document, to guarantee an increased amount of rent. If the insurance company has already paid the landlord for the invalidated claim, the landlord shall return the payment. June 17, 2005, except Subsec. Added by Acts 2019, 86th Leg., R.S., Ch. 5, eff. This clause allows tenants to terminate the lease early if they follow the early termination rules. Jan. 1, 1984. (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. The landlord has a defense to liability under Section 92.164 if: (1) the tenant has not fully paid all rent then due from the tenant on the date the tenant gives a request under Section 92.157(c) or the notice required by Section 92.164; or. (l) A deferred payment plan for the purposes of this section must be in writing. 576, Sec. Sec. The writ of restoration of utility service must notify the landlord of the right to a hearing. Unless possession of a firearm or firearm ammunition on a landlord's property is prohibited by state or federal law, a landlord may not prohibit a tenant or a tenant's guest from lawfully possessing, carrying, transporting, or storing a firearm, any part of a firearm, or firearm ammunition: (2) in a vehicle located in a parking area provided for tenants or guests by the landlord of the leased premises; or. 92.160. 92.155. 1, 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. 1, eff. 5, eff. Sec. The tenant must also state orally under oath to the justice the facts of the alleged unlawful utility disconnection. 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. 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. Sept. 1, 1997. (2) United States mail, addressed to the applicant and postmarked on or before the required date. A party who files or prosecutes a suit under Subchapter B, D, E, or F in bad faith or for purposes of harassment is liable to the defendant for one month's rent plus $100 and for attorney's fees. (a) A tenant's judicial remedies under Section 92.056 shall include: (1) an order directing the landlord to take reasonable action to repair or remedy the condition; (2) an order reducing the tenant's rent, from the date of the first repair notice, in proportion to the reduced rental value resulting from the condition until the condition is repaired or remedied; (3) a judgment against the landlord for a civil penalty of one month's rent plus $500; (4) a judgment against the landlord for the amount of the tenant's actual damages; and. 917 (H.B. (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. 92.016. INVALID COMPLAINTS. Jan. 1, 1984. Amended by Acts 1993, 73rd Leg., ch. However, the landlord's duty to repair or remedy conditions covered by this subchapter may not be waived except as provided by Subsection (e) or (f) of Section 92.006. This is because under Texas law (Tex. 92.156. 744, Sec. 1, eff. 744, Sec. Jan. 1, 1996. A fee may not be applied to a deferred payment plan entered into under this section. NOTICE FOR TERMINATING CERTAIN TENANCIES. 869, Sec. Acts 2011, 82nd Leg., R.S., Ch. (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. Sec. Sec. Acts 1983, 68th Leg., p. 3638, ch. 92.352. 16, eff. (4) court costs and attorney's fees arising from any related cause of action by the tenant against the landlord. (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. Otherwise, this subchapter does not affect any other right of a landlord or tenant under contract, statutory law, or common law that is consistent with the purposes of this subchapter or any right a landlord or tenant may have to bring an action for personal injury or property damage under the law of this state. 92.0131. 1414), Sec. Amended by Acts 2003, 78th Leg., ch. Sec. texas property code reletting fee. Landlord's Responsibility to Re-rent in Texas According to Tex. 92.060. 1399), Sec. Jan. 1, 1984. (C) located on the same lot or tract or adjacent lots or tracts of land. (last accessed Jun. (e) If the landlord rejects an applicant and the landlord has not made the notice required by Subsection (a) available, the landlord shall return the application fee and any application deposit. (g) A party may appeal from the court's judgment at the hearing on the sworn complaint for reentry in the same manner as a party may appeal a judgment in a forcible detainer suit. RECORDS. 1, eff. Jan. 1, 1984. (5) court costs and attorney's fees, excluding any attorney's fees for a cause of action for damages relating to a personal injury. 1168), Sec. 1112, Sec. A landlord who has provided information under Subdivision (2) or (3) of Subsection (b) of Section 92.201 is liable to a tenant according to this subchapter if: (1) the information becomes incorrect because a name or address changes; and. (e) The notices required by Subsections (b) and (d) must be included in a separate written document given to the tenant at or before execution of the lease. 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. LANDLORD'S AGENT FOR SERVICE OF PROCESS. A mutual agreement for tenant repair under Subsection (g) of Section 92.0561 is not a violation of Section 92.006. (c) A keyed dead bolt or keyless dead bolt, as described by Section 92.151(6)(A), installed in a dwelling on or after September 1, 1993, must have a bolt with a throw of not less than one inch. The fee for single family rental properties is $43 annually. 650, Sec. There shall be a rebuttable presumption that the landlord acted in good faith and with continued diligence for the first affidavit for delay the landlord delivers to the tenant. SMOKE ALARM. (e) A landlord who violates this section is liable to the tenant for actual damages, a civil penalty equal in amount to the amount of one month's rent plus $500, and attorney's fees. Sept. 1, 1993. (5) If the new landlord violates this subsection, the new landlord is liable to the tenant for a civil penalty of one month's rent plus $2,000, actual damages, and attorney's fees. 92.051. 8, eff. Acts 1983, 68th Leg., p. 3650, ch. 5. a judgment against the landlord for attorney 's fees in an action under Subdivision (1) or (3); and 6. unilateral termination of the lease without a court proceeding if the landlord violates Section 92.259(a)(2). 650, Sec. Sec. (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. increasing citizen access. Acts 1983, 68th Leg., p. 3650, ch. 357, Sec. Sec. AGENTS FOR DELIVERY OF NOTICE. Added by Acts 1993, 73rd Leg., ch. 650, Sec. Sec. 91.002 and amended by Acts 1989, 71st Leg., ch. 576, Sec. 221 (H.B. (2) "Landlord" means the owner, lessor, or sublessor of a dwelling, but does not include a manager or agent of the landlord unless the manager or agent purports to be the owner, lessor, or sublessor in an oral or written lease. Amended by Acts 1995, 74th Leg., ch. 869, 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. 11, eff. Sec. Sept. 1, 1993. (3) leaving the notice inside the dwelling in a conspicuous place if notice in that manner is authorized in a written lease. (b) Disclosure to a tenant under Subsection (a) must be made by: (1) giving the information in writing to the tenant on or before the seventh day after the day the landlord receives the tenant's request for the information; (2) continuously posting the information in a conspicuous place in the dwelling or the office of the on-site manager or on the outside of the entry door to the office of the on-site manager on or before the seventh day after the date the landlord receives the tenant's request for the information; or. (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. September 1, 2017. Jan. 1, 1984. (f) If the tenant decides to pay a fee in lieu of a security deposit and the landlord purchases insurance coverage as described by Subsection (e), an agreement required under Subsection (c) must clearly specify the following terms: (1) the fee is being paid only to secure occupancy without a requirement of paying a security deposit; (2) the fee, unless otherwise specified, is not refundable; (3) payment of the fee, unless otherwise specified, does not eliminate, release, or otherwise limit the requirements of the lease, including that the tenant must pay for: (B) damages for which the tenant is legally liable under the lease, other than normal wear and tear; and. 576, Sec. 92.332 by Acts 1997, 75th Leg., ch. 92.109. Jan. 1, 1996. (2) "Bedroom" means an area of a dwelling intended as sleeping quarters. 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. (2) is liable for the tenant's reasonable attorney's fees in a suit to recover the deposit. 5, eff. Acts 2009, 81st Leg., R.S., Ch. Jan. 1, 1996. (B) to deploy with a military unit for a period of 90 days or more. (c) This section does not create a cause of action or expand an existing cause of action. (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. How does a Reletting fee work in Texas? (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. Sec. 1, eff. The fee for service of a writ of restoration of utility service is the same as that for service of a writ of possession. A landlord is presumed to have refunded a security deposit or made an accounting of security deposit deductions if, on or before the date required under this subchapter, the refund or accounting is placed in the United States mail and postmarked on or before the required date. Added by Acts 2011, 82nd Leg., R.S., Ch. 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. NOTICE OF UTILITY DISCONNECTION OF NONSUBMETERED MASTER METERED MULTIFAMILY PROPERTY TO MUNICIPALITIES, OWNERS, AND TENANTS. Sept. 1, 1999. Sept. 1, 1997. 1120), Sec. (2) a tenant has notified the landlord that the tenant has used the fire extinguisher for a legitimate purpose. Acts 1983, 68th Leg., p. 3633, ch. Check your specific lease agreement or renewal for your amount. 92.059 and amended by Acts 1995, 74th Leg., ch. (b) A landlord or a landlord's manager or agent may not charge or seek reimbursement from the landlord's tenant for the amount of a fine imposed on the landlord by a governmental entity unless the tenant or another occupant of the tenant's dwelling actually caused the damage or other condition on which the fine is based. 576, Sec. 1, eff. (B) if the report or record described by Paragraph (A) identifies the victim by means of a pseudonym, as defined by Article 58.001, Code of Criminal Procedure, a copy of a pseudonym form completed and returned under Article 58.152(a) of that code. (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. Added by Acts 1993, 73rd Leg., ch. LIABILITY FOR LEASING TO PERSON WITH CRIMINAL RECORD. Sec. Jan. 1, 1984. 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. (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. Acts 1983, 68th Leg., p. 3652, ch. A repairman or supplier shall not have a lien for materials or services arising out of repairs contracted for by the tenant under this section. Sec. Jan. 1, 1984. 1198 (S.B. 475, Sec. (2) the tenant and the tenant's dependent move, wholly or partly, because of a significant financial loss of income caused by the tenant's military service. If a violation (s) is identified at the time of the City's comprehensive inspection, a follow-up inspection will be required. 48, Sec. September 1, 2011. A sheriff or constable may use reasonable force in executing a writ of reentry under this section. (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. Acts 2011, 82nd Leg., R.S., Ch. Jan. 1, 1984. Added by Acts 2019, 86th Leg., R.S., Ch. A waiver under this section must be signed and in writing in a document separate from the lease and must comply with federal law. 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. (5-a) "Rental application" means a written request made by an applicant to a landlord to lease premises from the landlord. (b) This section does not preclude a cause of action for negligence in leasing of a dwelling by a landlord or a landlord's manager or agent to a tenant, if: (A) was convicted of an offense listed in Article 42A.054, Code of Criminal Procedure; or, (B) has a reportable conviction or adjudication, as defined by Article 62.001, Code of Criminal Procedure; and.