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(2) there is no controversy concerning the amount of rent owed. (f) A landlord and tenant may agree that, except for those conditions caused by the negligence of the landlord, the tenant has the duty to pay for repair of the following conditions that may occur during the lease term or a renewal or extension: (1) damage from wastewater stoppages caused by foreign or improper objects in lines that exclusively serve the tenant's dwelling; (2) damage to doors, windows, or screens; and. 1, eff. 1, eff. (b) The tenant's deduction for the cost of the repair or remedy may not exceed the amount of one month's rent under the lease or $500, whichever is greater. 92.004. 13, eff. Jan. 1, 1984. (b) If the landlord makes the notice available under Subsection (a), the applicant shall sign an acknowledgment indicating the notice was made available. 689, Sec. All Reasons for Breaking a Lease in Texas (Without Penalty) Jan. 1, 1996. (c-1) If the family violence is committed by a cotenant or occupant of the dwelling, a tenant may exercise the right to terminate the lease under the procedures provided by Subsection (b-1)(1)(A), (C), or (D) or (b-1)(2) and Subsection (c), except that the tenant is not required to provide the notice described by Subsection (c)(3). Written Notice: The clause will specify how much written notice the tenant must give the landlord to end a lease early. (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.". 576, Sec. 92.0091. What Happens with Early Termination of the Texas Lease? Added by Acts 1995, 74th Leg., ch. 1, eff. 1, eff. 1, eff. $3 fee for the first page and $2 for each succeeding page (Texas Local Government Code, Section 118.011). September 1, 2019. 650, Sec. TENANT'S REPAIR AND DEDUCT REMEDIES. The landlord's duty of inspection and repair of smoke alarms under Subchapter F may be waived only by written agreement. Acts 2019, 86th Leg., R.S., Ch. Amended by Acts 1995, 74th Leg., ch. Code Title 5 Subtitle B Chapter 53 Section 53.156 Texas Property Code Sec. The reletting fee (not a "relenting fee") is a sum you pay to the landlord to cover the expenses incurred in reletting your apartment in the event you break your lease and move out before. 1, eff. Sec. Subchapter F - Texas Property Code What Is A Reasonable Reletting Fee In Texas? - Mastery Wiki 357, Sec. 7, eff. (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. Section 92.019 Texas Property Code Sec. Sec. 3, eff. 76, Sec. The fee for service of a writ of restoration of utility service is the same as that for service of a writ of possession. (c) The tenant's claim to the security deposit takes priority over the claim of any creditor of the landlord, including a trustee in bankruptcy. The tenant has resided in the property for three years with fixed term agreements re-negotiated every six months. (e) Repealed by Acts 2009, 81st Leg., R.S., Ch. Section 92.259 of the Texas Property Code This section allows a tenant whose landlord did not install, inspect, or repair a smoke alarm in accordance with the law the right to break the lease without going to court. Various state laws limit the maximum amount a landlord can charge, so check your state's laws and regulations. 189 (S.B. 917 (H.B. If another provision of this subchapter conflicts with this section, this section controls. Acts 2019, 86th Leg., R.S., Ch. Venue for an action under this chapter is governed by Section 15.0115, Civil Practice and Remedies Code. What Is A Reletting Fee Texas? - Mastery Wiki 2.28, eff. Reletting Expenses means such reasonable and necessary costs and expenses incurred by Landlord, incurred to relet the Premises, including without limitation, (1) repairs, alterations and additions in or to the Premises and preparing the Premises for new tenants, (2) altering locks and security devices to the Premises, (3) redecoration, remodeling 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. Reletting is your best bet if you have a special circumstance (i.e. (3) the landlord is expressly required or permitted to periodically check on the well-being or health of the tenant as a part of a written lease or other written agreement. January 1, 2010. (2) "Dwelling unit" means a home, mobile home, duplex unit, apartment unit, condominium unit, or any dwelling unit in a multiunit residential structure. (b) After a tenant receives the notice and moves out: (1) the local health officer or building inspector may not allow occupancy of or utility service by separate meter to the rental unit until the officer certifies that he knows of no condition that materially affects the physical health or safety of an ordinary tenant; and. Most leases in Texas are written for initial fixed terms, usually 12 months. Acts 2007, 80th Leg., R.S., Ch. (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. (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. for non-profit, educational, and government users. (e) The owner of a dwelling shall reimburse a management company, managing agent, or on-site manager for costs expended by that person in complying with this subchapter. (a) Except as provided by Subsections (b) and (c), a landlord must comply with a tenant's request for rekeying, changing, installing, repairing, or replacing a security device under Section 92.156, 92.157, or 92.158 within a reasonable time. 4, eff. 92.0563. Jan. 1, 1984. (4) have the condition repaired or remedied if the condition is not covered by Paragraph (A), (B), or (C) of Subdivision (3) of Subsection (d) of this section and involves a condition affecting the physical health or safety of the ordinary tenant as referred to in Paragraph (D) of Subdivision (3) of Subsection (d) of this section and if the landlord has failed to repair or remedy the condition within seven days after delivery of the tenant's notice of intent to repair. My daughter left her off-campus housing in March due to "Shelter in place" and we've been paying rent fo. You signed a contract for a year so you are responsible for rent for the entire year. in the property and pay rent through a specific date, and the landlord is to allow the tenant to . LIABILITY OF LANDLORD. (b) A smoke alarm must be installed on a ceiling or wall. 576, Sec. Sec. 1439, 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. Sec. (2) may not use a prospective tenant's choice to pay a fee in lieu of a security deposit or a security deposit as a criterion in the determination of whether to approve an application for occupancy. (b) A tenant who violates this section is presumed to have acted in bad faith. Acts 2011, 82nd Leg., R.S., Ch. (2) United States mail, addressed to the applicant and postmarked on or before the required date. 869, Sec. (d) Repealed by Acts 2009, 81st Leg., R.S., Ch. 0. 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. REPAIR OR CLOSING OF LEASEHOLD. The fee for service of a writ of reentry is the same as that for service of a writ of possession. Sept. 1, 1997. (a) A party who prevails in a suit brought under this subchapter or Subchapter B, E, or F may recover the party's costs of court and reasonable attorney's fees in relation to work reasonably expended. (a) If a landlord has interrupted utility service in violation of Section 92.008, the tenant may obtain relief as provided by this section. Sept. 1, 1997. (e) Repealed by Acts 2017, 85th Leg., R.S., Ch. 48, Sec. 1, eff. LANDLORD'S DEFENSE. (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. This clause allows tenants to terminate the lease early if they follow the early termination rules. Acts 2011, 82nd Leg., R.S., Ch. (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. Acts 1983, 68th Leg., p. 3638, ch. 576, Sec. (f) If the landlord fails to request a hearing on the tenant's sworn complaint for reentry before the eighth day after the date of service of the writ of reentry on the landlord under Subsection (d), a judgment for court costs may be rendered against the landlord. Jan. 1, 1984. DISCLOSURE OF OWNERSHIP AND MANAGEMENT. Added by Acts 2021, 87th Leg., R.S., Ch. 348 (S.B. Can we be forced to pay 2 extra months of rent and a reletting fee plus 917 (H.B. What's the Difference Between a Lease Termination Charge and a Sec. (f) If a landlord, after being furnished with a copy of this subchapter, knowingly violates Subsection (c), the landlord shall be liable to the estate of the deceased tenant for actual damages. (e) If a rule or policy change is made during the term of the lease agreement, the change: (A) apply to all of the landlord's tenants in the same multiunit complex and be based on necessity, safety or security of tenants, reasonable requirements for construction on the premises, or respect for other tenants' parking rights; or, (B) be adopted based on the tenant's written consent; and. Reletting a Rental Property A landlord relets a property by having a new tenant sign an entirely new lease. Added by Acts 2013, 83rd Leg., R.S., Ch. (D) the agreement is made knowingly, voluntarily, and for consideration. September 1, 2007. (C) an advocate as defined by Section 93.001, Family Code, who assisted the victim. (c) A fire extinguisher that satisfies the inspection requirements of Subsection (b) at the beginning of a tenant's possession is presumed to be in good working order until the tenant requests an inspection in writing. Jan. 1, 1984. Acts 2009, 81st Leg., R.S., Ch. 1367), Sec. Sept. 1, 2001. 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. 4173), Sec. (a) The landlord is not obligated to return a tenant's security deposit or give the tenant a written description of damages and charges until the tenant gives the landlord a written statement of the tenant's forwarding address for the purpose of refunding the security deposit. 92.108. 48, Sec. 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. 92.352. Termination of a lease under this subsection is effective when the tenant surrenders possession of the dwelling. Section 92.104 of the Texas Property Code This section requires a landlord who is withholding a portion of a security deposit to provide an itemized and written list of the deductions to the tenant. Aug. 26, 1985. Sept. 1, 1987. 1198 (S.B. Added by Acts 2019, 86th Leg., R.S., Ch. (d) If there is more than one tenant on a lease, the landlord is not required under this section to send notices to the primary residence of more than one tenant. (b) A landlord is liable to a tenant as provided by this subchapter if: (1) the tenant has given the landlord notice to repair or remedy a condition by giving that notice to the person to whom or to the place where the tenant's rent is normally paid; (2) the condition materially affects the physical health or safety of an ordinary tenant; (3) the tenant has given the landlord a subsequent written notice to repair or remedy the condition after a reasonable time to repair or remedy the condition following the notice given under Subdivision (1) or the tenant has given the notice under Subdivision (1) by sending that notice by certified mail, return receipt requested, by registered mail, or by another form of mail that allows tracking of delivery from the United States Postal Service or a private delivery service; (4) the landlord has had a reasonable time to repair or remedy the condition after the landlord received the tenant's notice under Subdivision (1) and, if applicable, the tenant's subsequent notice under Subdivision (3); (5) the landlord has not made a diligent effort to repair or remedy the condition after the landlord received the tenant's notice under Subdivision (1) and, if applicable, the tenant's notice under Subdivision (3); and. (a) A keyed dead bolt or a keyless bolting device required by this subchapter must be installed at a height: (1) not lower than 36 inches from the floor; and, (A) 54 inches from the floor, if installed before September 1, 1993; or. (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. (C) the landlord, prior to the date of discarding the property, has not been contacted by anyone claiming the property. 744, Sec. January 1, 2008. (2) enter the payment date and amount in a record book maintained by the landlord. Location: (g) eff. Acts 1983, 68th Leg., p. 3631, ch. 1, eff. Other judicial actions under this chapter may not be joined with an eviction suit or asserted as a defense or crossclaim in an eviction suit. Court costs may be waived only if the tenant executes a pauper's affidavit. 8, eff. Aug. 31, 1987. Added by Acts 2005, 79th Leg., Ch. September 1, 2011. Sept. 1, 2001. Sec. In Texas the re-let fee cannot exceed 85 percent of your monthly rent. (2) more than once during a rental payment period. Sec. * Quality assurance program Family owned and operated Realistic estimates 100% satisfaction guaranteed (11) "Security device" means a doorknob lock, door viewer, keyed dead bolt, keyless bolting device, sliding door handle latch, sliding door pin lock, sliding door security bar, or window latch in a dwelling. 92.252. This subchapter does not affect a duty of a landlord or a remedy of a tenant under Subchapter B regarding habitability. 21.001, eff. (B) the National Weather Service issues a heat advisory for a county in which the premises is located or has issued such an advisory on one of the two preceding days. 952, Sec. Amended by Acts 1989, 71st Leg., ch. (d) In a written lease or other agreement, a landlord and a tenant may agree to a procedure different than the procedure in this section for removing, storing, or disposing of property in the leased premises of a deceased tenant. Reletting fees are allowed under Texas state law, but they can't be so high they would be considered excessive by a judge. (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. Breaking a Lease in Texas & it laws- OmniKey Realty 650, Sec. (d) A tenant may exercise the rights to terminate the lease under Subsection (b), vacate the dwelling before the end of the lease term, and avoid liability beginning on the date after all of the following events have occurred: (1) the tenant provides a copy of the relevant documentation described by Subsection (c) or (c-1) to the landlord; (2) the tenant provides written notice of termination of the lease to the landlord on or before the 30th day before the date the lease terminates; (3) the 30th day after the date the tenant provided notice under Subdivision (2) expires; and. 744, Sec. BAD FAITH VIOLATION. 2, eff. (b) Except as provided by Section 92.255(b), a smoke alarm may be powered by battery, alternating current, or other power source as required by local ordinance. Acts 1983, 68th Leg., p. 3637, ch. 917 (H.B. For purposes of this subsection, a pay stub or other statement of earnings issued by the tenant's employer is sufficient verification. 16, eff. 92.0562. 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. (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. Sec. Amended by Acts 1989, 71st Leg., ch. Amended by Acts 1997, 75th Leg., ch. A waiver under this section does not apply if: (1) the tenant or the tenant's dependent moves into housing owned or occupied by family or relatives of the tenant or the tenant's dependent; or. Renumbered from Sec. Acts 2005, 79th Leg., Ch. (b) If a landlord is liable to the tenant under Subsection (a) of this section, the tenant may: (1) pay the utility company money to reconnect or avert the cutoff of utilities according to this section; (2) terminate the lease if the termination notice is in writing and move-out is to be within 30 days from the date the tenant has notice from the utility company of a future cutoff or notice of an actual cutoff, whichever is sooner; (3) deduct from the tenant's rent, without necessity of judicial action, the amounts paid to the utility company to reconnect or avert a cutoff; (4) if the lease is terminated by the tenant, 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 pursuant to law; (5) if the lease is terminated by the tenant, recover a pro rata refund of any advance rentals paid from the date of termination or the date the tenant moves out, whichever is later; (6) recover actual damages, including but not limited to moving costs, utility connection fees, storage fees, and lost wages from work; and.