Amended as Sec. (C) designed to prevent the door from being opened. (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. (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. 322 (H.B. Texas Property Code Section 53.156 - Costs and Attorney's Fees Jan. 1, 1984. Aug. 28, 1989; Acts 1997, 75th Leg., ch. 650, Sec. In addition to court costs and reasonable attorney's fees, a tenant who prevails under this subsection may recover from the landlord the greater of one month's rent or $500 for each violation of this section. What Is A Reasonable Reletting Fee In Texas? - Mastery Wiki January 1, 2016. (D) in underlined or bold print, the tenant's right to receive a key to the new lock at any hour, regardless of whether the tenant pays the delinquent rent. Sec. (e) Repealed by Acts 2017, 85th Leg., R.S., Ch. (c) When deducting for the tenant's payment of the landlord's utility bill under this section, the tenant shall submit to the landlord a copy of a receipt from the utility company which evidences the amount of payment made by the tenant to reconnect or avert cutoff of utilities. Forfeiture of the right to collect damages and charges from the tenant is the exclusive remedy for the failure to provide the proper notice to the tenant. 3167), Sec. (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. texas property code reletting fee. 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. Check your specific lease agreement or renewal for your amount. If the lease is terminated, the tenant is entitled only to a pro rata refund of rent from the date the tenant moves out and to a refund of any security deposit otherwise required by law. Aug. 31, 1987. 576, Sec. For purposes of this subchapter: (1) "Application deposit" means a sum of money that is given to the landlord in connection with a rental application and that is refundable to the applicant if the applicant is rejected as a tenant. (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. Acts 2017, 85th Leg., R.S., Ch. Aug. 26, 1985. Acts 1983, 68th Leg., p. 3637, ch. Jan. 1, 1984. 92.110. (4) a temporary residential tenancy created by a contract for sale in which the buyer occupies the property before closing or the seller occupies the property after closing for a specific term not to exceed 90 days. A sliding door pin lock or sliding door security bar required by this subchapter must be installed at a height not higher than: (1) 54 inches from the floor, if installed before September 1, 1993; or. 92.1641. This fee is meant to compensate the rental owners for the costs of releasing the unit. 92.262. Rules for Early Termination of a Texas Lease | Pocketsense 869, Sec. What is a Reletting charge? - Quora Jan. 1, 1996. (3) that the guarantor is liable under a renewal of the lease only if the renewal: (A) involves the same parties as the original lease; and. 92.021. (h) If a writ of possession is issued, it supersedes a writ of restoration of utility service. (c) The expense of rekeying security devices for purposes of the use or change of the landlord's master key must be paid by the landlord. 1112 (H.B. 189 (S.B. The tenant has resided in the property for three years with fixed term agreements re-negotiated every six months. Sec. Sec. (d) A fee in lieu of a security deposit must be: (1) a recurring fee of equivalent amount; and. This clause allows tenants to terminate the lease early if they follow the early termination rules. LANDLORD LIABILITY AND TENANT REMEDIES; NOTICE AND TIME FOR REPAIR. Sec. TYPE, BRAND, AND MANNER OF INSTALLATION. 1, eff. What Happens with Early Termination of the Texas Lease? A party who prevails in a suit brought under this subsection may recover court costs and reasonable attorney's fees from the other party. Aug. 31, 1987. 3101), Sec. (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. (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. September 1, 2019. (b) A late fee under this section may include an initial fee and a daily fee for each day any portion of the tenant's rent continues to remain unpaid, and the combined fees are considered a single late fee for purposes of this section. (e) This section does not apply if notice is actually hand delivered to and received by a person occupying the leased premises. The tenant selection criteria may include factors such as criminal history, credit history, current income, and rental history. (a) A landlord is liable according to this subchapter if: (1) the landlord did not install a smoke alarm at the time of initial occupancy by the tenant as required by this subchapter or a municipal ordinance permitted by this subchapter; or. (b) A tenant may, without request from the landlord, provide the landlord with the information in Subsection (a). 576, Sec. A tenant may request that the landlord provide to the tenant a written statement of whether the tenant owes a late fee to the landlord and, if so, the amount of the late fee. You are obligated to pay whatever the move out notice indicates, which you signed and, apparently, agreed to, for each and every month until the apartment is rented to a new tenant or until the date your lease expires, whichever comes first. Amended by Acts 2003, 78th Leg., ch. (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). Sept. 1, 1989. NOTICE OF TENANT'S DEDUCTION OF REPAIR COSTS FROM RENT. STATEMENT OF LATE FEES. 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, 1993. (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. (d) A customer is not required to provide the notices described by this section if the customer avoids the disconnection by paying the bill. 918, Sec. 689, Sec. Aug. 28, 1989. 13, eff. PDF Deeds and the Texas Recording Statutes - Texas A&M University (C) enter or exit a vehicle on the leased premises or located in a parking area provided by the landlord for tenants or guests. 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. LATE PAYMENT OF RENT; FEES. Tenant's Right to Break a Rental Lease in Texas | Nolo How does a Reletting fee work in Texas? Jan. 1, 1998. (4) the landlord, at the same time the service is interrupted, hand delivers or places on the tenant's front door a written notice that: (A) prominently displays the words "electricity termination notice" or similar language underlined or in bold; and. (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). Termination of a lease under this subsection is effective when the tenant surrenders possession of the dwelling. 1, eff. Acts 2005, 79th Leg., Ch. SECURITY DEPOSIT. (2) 30 days if the landlord's failure to repair is caused by a general shortage of labor or materials for repair following a natural disaster such as a hurricane, tornado, flood, extended freeze, or widespread windstorm. Acts 2007, 80th Leg., R.S., Ch. 92.204. Sec. ADDITIONAL ENFORCEMENT BY LOCAL ORDINANCE. Various state laws limit the maximum amount a landlord can charge, so check your state's laws and regulations. 92.020. 16, eff. (C) explaining the remedies available to the tenant for the landlord's failure to comply. Sept. 1, 1995. 630), 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. A landlord may not require a tenant to pay for other repairs or replacements of a security device except as provided by Subsections (b), (c), and (d). 1367), Sec. (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. (a) The landlord shall repair or replace a fire extinguisher at the landlord's expense if: (1) on inspection, the fire extinguisher is found: (B) not to have the correct pressure indicated on the gauge or pressure indicator as recommended by the manufacturer of the fire extinguisher; or. (3) a crime of personal violence occurred in the multiunit complex in which the tenant's dwelling is located during the two months preceding the date of the request. If the tenant's rent payment to the landlord is subsidized in whole or in part by a governmental entity, the civil penalty granted under this section shall reflect the fair market rent of the dwelling plus $500. 1168), Sec. 92.170. Amended by Acts 1995, 74th Leg., ch. A landlord who violates this section shall be liable to the tenant for all judicial remedies under Section 92.0563 except that the civil penalty under Subdivision (3) of Subsection (a) of Section 92.0563 shall be one month's rent plus $1,000. 16, eff. However . NONRETALIATION. (g) A provision of a lease that purports to waive a right or to exempt a party from a liability or duty under this section is void. 576, Sec. June 19, 2009. 2404), Sec. 92.264. (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. 2, eff. The tenant must also state orally under oath to the justice the facts of the alleged unlawful lockout. Sept. 1, 1993. (7) recover court costs and attorney's fees, excluding any attorney's fees for a cause of action for damages relating to a personal injury. Acts 2007, 80th Leg., R.S., Ch. 357, Sec. Sept. 1, 1993. LANDLORD'S DUTY TO REPAIR OR REPLACE SECURITY DEVICE. TEXAS ATTORNEY ONLYwith current bar passed and licensed.What are limitations surrounding Reletting Fees? 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. September 1, 2021. Aug. 31, 1987. 1, eff. 11, 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. Sec. (1) "Adult" means an individual 18 years of age or older. 10, eff. 92.010 by Acts 1995, 74th Leg., ch. 869, Sec. INSPECTION OF RESIDENTIAL FIRE EXTINGUISHER. (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. (d) A landlord who fails either to return a security deposit or to provide a written description and itemization of deductions on or before the 30th day after the date the tenant surrenders possession is presumed to have acted in bad faith. If the writ is disobeyed, the tenant or the tenant's attorney may file in the court in which the action is pending an affidavit stating the name of the person who has disobeyed the writ and describing the acts or omissions constituting the disobedience. A landlord is not exempt as provided by this subsection if the landlord knows or has reason to know that the requirements of this subsection are not fulfilled. Jan. 1, 1996. 1, 3, eff. 1367), Sec. Texas Homeowners' Guide to HOA Laws - Homeowners Protection Bureau, LLC Sec. (b) The notice must be given in person or by mail to the affected tenant. Acts 2017, 85th Leg., R.S., Ch. 3, eff. Jan. 1, 1998. Jan. 1, 1984. (2) "Occupant" means a person who has the landlord's consent to occupy a dwelling but has no obligation to pay the rent for the dwelling. Reletting Expenses Definition | Law Insider 3, eff. 0 attorneys agreed. 1, eff. 650, Sec. 357, Sec. 475, Sec. Jan. 1, 1984. (a) A landlord may not remove a door, window, or attic hatchway cover or a lock, latch, hinge, hinge pin, doorknob, or other mechanism connected to a door, window, or attic hatchway cover from premises leased to a tenant or remove furniture, fixtures, or appliances furnished by the landlord from premises leased to a tenant unless the landlord removes the item for a bona fide repair or replacement. 1, eff. (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. Sec. (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. Except as otherwise required by this subchapter, a landlord may select the type, brand, and manner of installation, including placement, of a security device installed under this subchapter. 1, eff. (a) For purposes of this section: (1) "Family violence" has the meaning assigned by Section 71.004, Family Code. Aug. 28, 1995. 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. Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 1995; Acts 1995, 74th Leg., ch. AGENTS FOR DELIVERY OF NOTICE. Subchapter E - Texas Property Code 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. (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. 91.002 by Acts 1987, 70th Leg., ch. Sept. 1, 1993; Acts 1995, 74th Leg., ch. (c) A landlord's duties and the tenant's remedies under Subchapter B, which covers conditions materially affecting the physical health or safety of the ordinary tenant, may not be waived except as provided in Subsections (d), (e), and (f) of this section. Reletting is a penalty for breaking your lease. (c-1) If the tenant is a victim or a parent or guardian of a victim of stalking under Section 42.072, 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 a protective order issued under Subchapter A or B, Chapter 7B, Code of Criminal Procedure, except for a temporary ex parte order; or. 3101), Sec. 92.261. January 1, 2014. (g) A tenant's right to vacate a dwelling and avoid liability under Section 92.016 or 92.017 may not be waived by a tenant or a landlord, except as provided by those sections. Your Trusted Central Texas Movers | Austin Van & Storage 92.332 by Acts 1997, 75th Leg., ch. In Texas the re-let fee cannot exceed 85 percent of your monthly rent. Added by Acts 2011, 82nd Leg., R.S., Ch. 744, Sec. Total fees vary depending on the situation, and most lease contracts have clauses designed to clarify such details. 917 (H.B. (b) A landlord's rejection of one co-applicant shall be deemed as a rejection of all co-applicants. 9, eff. 1186), 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. 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. (a) Upon written request of a landlord, the landlord's tenant shall: (1) provide the landlord with the name, address, and telephone number of a person to contact in the event of the tenant's death; and. 869, Sec. Added by Acts 1995, 74th Leg., ch. 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. (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. (c) Repealed by Acts 2009, 81st Leg., R.S., Ch. Jan. 1, 1996. Is there a way to avoid unlawful early move-out and reletting 650, Sec. (2) 48 inches from the floor, if installed on or after September 1, 1993. (f) An appeal of a judgment of a justice court under this section takes precedence in county court and may be held at any time after the eighth day after the date the transcript is filed in the county court. 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 himself of the contempt in a manner and form as the justice may direct. texas property code reletting fee - coastbotanik.ca Sec. Amended by Acts 1993, 73rd Leg., ch. 92.353. Acts 1983, 68th Leg., p. 3653, ch. (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. 92.0131. (2) may not be effective before the 14th day after the date notice of the change is delivered to the tenant, unless the change is the result of a construction or utility emergency. Jan. 1, 1996. January 1, 2010. Jan. 1, 1984. from Statutes.Capitol.Texas.gov website.85 % of read more Jan. 1, 1984. Re: Reletting Charge. 91.002 by Acts 1987, 70th Leg., ch. Sept. 1, 1995. 946), Sec. (2) there is no controversy concerning the amount of rent owed. 2, eff. (2) payable at the time each rent payment is due during the lease. (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. 918, Sec. A landlord's duty to install a smoke alarm under Subchapter F may not be waived, nor may a tenant waive a remedy for the landlord's noninstallation or waive the tenant's limited right of installation and removal. 31.01(71), eff. It also means a "dwelling" as defined by Section 92.001. 576, Sec. (6) "Tenant" means a person who is authorized by a lease to occupy a dwelling to the exclusion of others and, for the purposes of Subchapters D, E, and F, who is obligated under the lease to pay rent. Rent, application fees, rent paid in advance, and non-refundable fees . 92.3515. The notice shall also contain a reasonable description of the intended repair or remedy. Sec. RETALIATION BY LANDLORD. (a) A landlord shall accept a tenant's timely cash rental payment unless a written lease between the landlord and tenant requires the tenant to make rental payments by check, money order, or other traceable or negotiable instrument. 4, eff. 576, Sec. Sec. 225 (S.B. 1, eff. 5, eff. Find more help from the . A landlord acts in bad faith and is liable according to this subchapter if the landlord gives an incorrect name or address under Subsection (a) of Section 92.201 by wilfully: (1) disclosing incorrect information under Section 92.201(b)(1) or (2) or Section 92.201(d); or. (3) not entitled to the other repair and deduct remedies under Section 92.0561 or the judicial remedies under Subdivisions (1) and (2) of Subsection (a) of Section 92.0563. 9, eff. (c) For purposes of Subsection (b)(4) or (5), a landlord is considered to have received the tenant's notice when the landlord or the landlord's agent or employee has actually received the notice or when the United States Postal Service has attempted to deliver the notice to the landlord. 91.002 by Acts 1987, 70th Leg., ch. Texas Laws About Breaking a Lease | Caretaker Acts 1983, 68th Leg., p. 3638, ch. PDF Security Deposits - Texas Law Help RELETTING Definition | Law Insider