1420, Sec. Acts 1983, 68th Leg., p. 3649, ch. (a) A landlord shall install at least one smoke alarm in each separate bedroom in a dwelling unit. 92.0563. 650, Sec. (g) eff. 3, eff. Amended by Acts 1997, 75th Leg., ch. EMERGENCY PHONE NUMBER. Renumbered from Property Code Sec. 1, 3, eff. 92.108. (2) date the landlord accepts an application deposit if the landlord does not furnish the applicant an application form. 1, eff. If the landlord's employees perform the work, the charge may include a reasonable amount for overhead but may not include a profit to the landlord. Renumbered from Sec. Original Source: (a) If the owner's interest in the premises is terminated by sale, assignment, death, appointment of a receiver, bankruptcy, or otherwise, the new owner is liable for the return of security deposits according to this subchapter from the date title to the premises is acquired. Sept. 1, 1993. (a) Except as provided by this section, the tenant has the burden of proof in a judicial action to enforce a right resulting from the landlord's failure to repair or remedy a condition under Section 92.052. 337 (H.B. (4) a smoke alarm powered by alternating current was required by lawful city ordinance at the time of initial construction of the unit. 576, Sec. 1186), Sec. HARASSMENT. 92.052. (b) Unless the condition was caused by normal wear and tear, the landlord does not have a duty during the lease term or a renewal or extension to repair or remedy a condition caused by: (2) a lawful occupant in the tenant's dwelling; (3) a member of the tenant's family; or. 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. January 1, 2008. 1, eff. Sec. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1997. Amended by Acts 1995, 74th Leg., ch. Added by Acts 2007, 80th Leg., R.S., Ch. (4) "Deposited" means deposited in an account of the landlord or the landlord's agent in a bank or other financial institution. (d) Affidavits for delay based on grounds other than those listed in Subsection (c) of this section are unlawful, and if used, they are of no effect. There is always an early . 1510), Sec. A landlord may not charge the tenant a fee that is more than the reasonable cost of obtaining and administering the insurance purchased under this subsection. (e) The affidavit must be delivered to the tenant by any of the following methods: (2) certified mail, return receipt requested, to the tenant; or. The justice may defer payment of the tenant's filing fees and service costs for the sworn complaint for restoration of utility service and writ of restoration of utility service. 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. (4) The tenant's judicial remedies under Section 92.0563 shall be limited to recovery against the landlord to whom the tenant gave the required notices until the tenant has given the new landlord the notices required by this section and otherwise complied with Section 92.056 as to the new landlord. A managing agent or an agent to whom rent is regularly paid, 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. (b) The tenant shall notify the landlord in writing of any change in the tenant's primary residence address. If the acknowledgment is not signed, there is a rebuttable presumption that the notice was not made available to the applicant. The reletting fee is typically 150% of one month's rent. Sept. 1, 1993; Acts 1999, 76th Leg., ch. 1, eff. (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. TENANT REMEDIES. Amended by Acts 1993, 73rd Leg., ch. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 92.006. Added by Acts 1993, 73rd Leg., ch. 1, eff. The sample TAA lease for which you provided a link has a blank for a reletting fee. 1168), Sec. (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. 469 (H.B. Acts 2011, 82nd Leg., R.S., Ch. 1, eff. (b) A keyed dead bolt or a keyless bolting device described in Section 92.151(6)(A) or (B) in a dwelling must: (1) have a strike plate screwed into the portion of the doorjamb surface that faces the edge of the door when the door is closed; or. 1, eff. (i) Except as provided by Subsection (j), a tenant's right to terminate a lease before the end of the lease term, vacate the dwelling, and avoid liability under this section may not be waived by a tenant. 5, eff. Jan. 1, 1984. (2) "Flooding" means a general or temporary condition of partial or complete inundation of a dwelling caused by: (A) the overflow of inland or tidal waters; (B) the unusual and rapid accumulation of runoff or surface waters from any established water source such as a river, stream, or drainage ditch; or. AGENTS FOR DELIVERY OF NOTICE. Examples of RELETTING in a sentence. 1198 (S.B. 650, Sec. Jan. 1, 1984. Jan. 1, 1984. Sec. LIABILITY OF TENANT FOR GOVERNMENTAL FINES. 651 (H.B. A management company, managing agent, or on-site manager may reimburse itself for the costs from the owner's funds in its possession or control. (a) Except as provided in Subsection (b), a landlord is presumed to have given notice of an applicant's acceptance or rejection if the notice is by: (1) telephone to the applicant, co-applicant, or a person living with the applicant or co-applicant on or before the required date; or. Sec. Code 92.019 (2023).) January 1, 2010. 1, eff. 92.351. 917 (H.B. (f) 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 family violence or a military deployment or transfer.". Sec. 92.053. 177), Sec. Sec. Added by Acts 1997, 75th Leg., ch. 969 (H.B. (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. (3) by e-mail if the parties have communicated by e-mail regarding the lease. 1, eff. 165, Sec. Sept. 1, 2003. Amended by Acts 2001, 77th Leg., ch. (h) A security device required by this section must be operable throughout the time a tenant is in possession of a dwelling. However, the tenant's remedies under this section shall cease if: (1) the landlord provides the tenant with written evidence from the utility that all delinquent sums due the utility have been paid in full; and. The justice may defer payment of the tenant's filing fees and service costs for the sworn complaint for reentry and writ of reentry. (b) A provision of a lease that purports to waive a right or to exempt a landlord from a liability or duty under this section is void. INSPECTION OF RESIDENTIAL FIRE EXTINGUISHER. Aug. 26, 1985. 31.01(71), eff. 92.111. Jan. 1, 1996; Acts 1995, 74th Leg., ch. (d) A landlord to whom Subsection (a) does not apply must provide to a tenant a telephone number for the purpose of reporting emergencies described by that subsection. The term includes double-hinged patio doors. Otherwise, the clerk assesses a penalty of $25 or twice the amount of the normal recording fee, whichever is greater (Texas Property Code, Section 11.003).U pon . (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. 2, eff. (2) a door viewer if the door does not have a door viewer. 1, eff. 5, eff. Section 207.003 of the Texas Property Code governs the requirement for a residential subdivision or townhome to provide a resale certificate to an owner upon request as well as the consequences for an association who fails to comply with such a request. (a) A landlord has a defense to liability under Section 92.165 if 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 this subchapter. 629 (S.B. Sec. For purposes of this subsection, a pay stub or other statement of earnings issued by the tenant's employer is sufficient verification. Acts 2013, 83rd Leg., R.S., Ch. (a) If a landlord has locked a tenant out of leased premises in violation of Section 92.0081, the tenant may recover possession of the premises as provided by this section. (d) The acknowledgment may be part of the rental application if the notice is underlined or in bold print. 92.263. Added by Acts 2005, 79th Leg., Ch. Added by Acts 2005, 79th Leg., Ch. Sec. 10, eff. LANDLORD'S DEFENSES RELATING TO INSTALLING OR REKEYING CERTAIN SECURITY DEVICES. 2, eff. Sec. (a) Except as otherwise provided by Subsection (e), a security device operated by a key, card, or combination shall be rekeyed by the landlord at the landlord's expense not later than the seventh day after each tenant turnover date. (3) the amount of rent and other charges for which the tenant is delinquent. If the dwelling has no mailbox and has a keyless bolting device, alarm system, or dangerous animal that prevents the landlord from entering the premises to leave the notice on the inside of the main entry door, the landlord may securely affix the notice on the outside of the main entry door. (f) The landlord is not obligated to provide batteries for a battery-operated smoke alarm after a tenant takes possession if the smoke alarm was in good working order at the time the tenant took possession. RELETTING FEE: Resident acknowledges that the Reletting Fee is not a cancellation fee or a buyout fee.. NON-PERFORMANCE OF VENDORS DUTIES RELETTING CHARGES If the Vendor fails to perform in accordance with the terms of this Contract, the Port Authority may obtain the goods or services from another Vendor and charge the seller the difference in price, if any . (b) A customer shall provide written notice of a service disconnection to each tenant or owner at a nonsubmetered master metered multifamily property not later than the fifth day after the date the customer receives a notice of service disconnection from an electric service provider or a gas utility. 917 (H.B. APPLICATION OF SUBCHAPTER. (h) A landlord who violates this section is liable to the tenant for actual damages, a civil penalty in an amount equal to the amount of one month's rent plus $500, and attorney's fees. (C) an advocate as defined by Section 93.001, Family Code, who assisted the victim. 4, eff. 1, eff. 1783), Sec. Acts 2011, 82nd Leg., R.S., Ch. (e) If a tenant is liable under Subsection (a) and the tenant does not comply with the landlord's notice under Subsection (d), the landlord shall have the following remedies against the tenant: (1) a court order directing the tenant to comply with the landlord's notice; (2) a judgment against the tenant for a civil penalty of one month's rent plus $100; (3) a judgment against the tenant for court costs; and. 1, eff. 92.205. 92.255. A fee may not be applied to a deferred payment plan entered into under this section. You can't make the best decision for your situation until you . January 1, 2008. Amended by Acts 1995, 74th Leg., ch. 6, eff. So you may not have to pay much, if any additional rent, if you break your lease. Jan. 1, 1996. Sec. 1, eff. 357, Sec. January 1, 2016. 689, Sec. (5) a keyless bolting device and a door viewer on each exterior door of the dwelling. The fee for service of a writ of reentry is the same as that for service of a writ of possession. LANDLORD 'S DEFENSE. Renumbered from Property Code Sec. Added by Acts 2021, 87th Leg., R.S., Ch. 7, eff. 92.061. (b) The landlord may not retain any portion of a security deposit to cover normal wear and tear. There is no limit on the amount of the reletting fee, but if it is not reasonable it might be . The fee for single family rental properties is $43 annually. 5, eff. A tenant may make an unlimited number of requests under this subsection. 5, eff. (b) If at the time a lease agreement is executed a landlord has vehicle towing or parking rules or policies that apply to the tenant, the landlord shall provide to the tenant a copy of the rules or policies before the lease agreement is executed. Jan. 1, 1996. RETALIATION BY LANDLORD. (C) refund the tenant's security deposit, less lawful deductions, to the person designated under Subdivision (1). (d) A landlord of a tenant who is liable under Subsection (a) may obtain or exercise one or more of the remedies in Subsection (e) if: (1) a lease between the landlord and tenant contains a notice, in underlined or boldfaced print, which states in substance that the tenant must not disconnect or intentionally damage a smoke alarm or remove the battery without immediately replacing it with a working battery and that the tenant may be subject to damages, civil penalties, and attorney's fees under Section 92.2611 of the Property Code for not complying with the notice; and. 576, Sec. 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. (b) If a smoke alarm powered by battery has been installed in a dwelling unit built before September 1, 1987, in compliance with this subchapter and local ordinances, a local ordinance may not require that a smoke alarm powered by alternating current be installed in the unit unless: (1) the interior of the unit is repaired, remodeled, or rebuilt at a projected cost of more than $5,000 and: (A) the repair, remodeling, or rebuilding requires a municipal building permit; and, (i) the repair, remodeling, or rebuilding results in the removal of interior walls or ceiling finishes exposing the structure; or. 6, eff. Jan. 1, 1984. (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. September 1, 2011. (2) within a reasonable time after receiving a written request by a tenant. (g) Except as provided by Subsection (h), a fee collected under this section is a security deposit for purposes of this chapter. (b) Except as provided by this section, a landlord may not interrupt or cause the interruption of water, wastewater, gas, or electric service furnished to a tenant by the landlord as an incident of the tenancy or by other agreement unless the interruption results from bona fide repairs, construction, or an emergency. 1, eff. (b) If within the time allowed under Section 92.162(c) a landlord requests advance payment of charges that the landlord is entitled to collect under that section, the landlord shall comply with a tenant's request under Section 92.156(b), 92.157(a), or 92.157(b) within a reasonable time. 1, eff. Sec. Ask Your Own Real Estate Law Question 91.006 supports reletting fees by charging an assessment. (e) The landlord is entitled to a hearing on the tenant's sworn complaint for reentry. LANDLORD'S DUTY TO REPAIR OR REMEDY. 1, eff. PERSONAL PROPERTY AND SECURITY DEPOSIT OF DECEASED TENANT. (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. 2, eff. Sec. 92.057(b), (c) and amended by Acts 1995, 74th Leg., ch. 650, Sec. 92.261. (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. INSTALLATION PROCEDURE. 576, Sec. LIABILITY OF LANDLORD. Aug. 26, 1985. January 1, 2016. January 1, 2021. 1, eff. 92.201. Property Address Monthly Rent Day of Move Proration Due Date Prorated Rent Texas Homes Realty and Management 21510 Kingsland Blvd #105 Katy, TX 77450 X 2nd X 35.00 10.00 Sample Lease X 2118), 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. Jan. 1, 1984. 869, Sec. 165, Sec. It prohibits them for withholding a portion of the deposit for repairs of conditions caused by normal wear and tear. (h) If a writ of possession is issued, it supersedes a writ of reentry. Section 92.019 Late Payment of Rent; Fees, In . (a) A landlord may not collect from a tenant a late fee for failing to pay any portion of the tenant's rent unless: (1) notice of the fee is included in a written lease; (3) any portion of the tenant's rent has remained unpaid two full days after the date the rent was originally due. (e) Repealed by Acts 2017, 85th Leg., R.S., Ch. The power system and installation procedure of a security device that is electrically operated rather than battery operated must comply with applicable local ordinances. September 1, 2011. (d) A landlord authorized by this subchapter to charge a tenant for repairing, installing, changing, or rekeying a security device under this subchapter may not require the tenant to pay more than the total cost charged by a third-party contractor for material, labor, taxes, and extra keys. 1112 (H.B. Added by Acts 2019, 86th Leg., R.S., Ch. (6) "Required date" means the required date for any acceptance of the applicant under Section 92.352. Jan. 1, 1984. 1205, Sec. (c) If a landlord or a landlord's agent changes the door lock of a tenant who is delinquent in paying rent, the landlord or the landlord's agent must place a written notice on the tenant's front door stating: (1) an on-site location where the tenant may go 24 hours a day to obtain the new key or a telephone number that is answered 24 hours a day that the tenant may call to have a key delivered within two hours after calling the number; (2) the fact that the landlord must provide the new key to the tenant at any hour, regardless of whether or not the tenant pays any of the delinquent rent; and. 1060 (H.B. January 1, 2008. (2) there is no controversy concerning the amount of rent owed. 10, eff. Texas law allows landlords to charge tenants for costs related to filling a vacancy left when a tenant terminates a lease without just cause. Sec. This was expected because the tenant kept the property manager well informed throughout the process. Re: Reletting Fee. Acts 2011, 82nd Leg., R.S., Ch. 899 (H.B. 869, Sec. 1198 (S.B. Jan. 1, 1984. 1198 (S.B. 576, Sec. Sec. 869, Sec. Sec. (B) a peephole having a barrel with a one-way lens of glass or other substance providing an angle view of not less than 160 degrees. (a) A landlord's liability under this section is subject to Section 92.052(b) regarding conditions that are caused by a tenant and Section 92.054 regarding conditions that are insured casualties. 576, Sec. A landlord and tenant may agree to the provisions of this subsection only if the agreement meets the requirements of Subdivision (4) of Subsection (e) of this section. September 1, 2011. September 1, 2019. The duties of a landlord and the remedies of a tenant under this subchapter are in lieu of existing common law and other statutory law warranties and duties of landlords for maintenance, repair, security, habitability, and nonretaliation, and remedies of tenants for a violation of those warranties and duties. Sept. 1, 1989; Acts 1989, 71st Leg., ch. Sec. LEASE WITHOUT SECURITY DEPOSIT; REQUIRED NOTICE. (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. (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. 165, 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. (c) If the date of required notice of acceptance or required refund of an application deposit is a Saturday, Sunday, or state or federal holiday, the required date shall be extended to the end of the next day following the Saturday, Sunday, or holiday. 1, eff. January 1, 2008. Acts 1983, 68th Leg., p. 3652, ch. (2) enter the payment date and amount in a record book maintained by the landlord. 1, eff. Sec. 601 (H.B. (f) If an applicant requests a landlord to mail a refund of the applicant's application fee to the applicant, the landlord shall mail the refund check to the applicant at the address furnished by the applicant. (2) "Dwelling unit" means a home, mobile home, duplex unit, apartment unit, condominium unit, or any dwelling unit in a multiunit residential structure. handbook can be located in sections 24, 54, 91 and 92 of the Texas Property Code, which is available in your local law library and online at www.statutes.legis.state.tx.us. Prop. Sec. This subchapter applies to a lease executed, entered into, renewed, or extended on or after September 1, 1979. 92.013. TEXAS ATTORNEY ONLYwith current bar passed and licensed.What are limitations surrounding Reletting Fees? SMOKE ALARM. 2, eff. (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.
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