Aug. 31, 1987. Minimum notice for a tenant to request an early termination of lease (typically 30-60 days) Notice must be written and signed by all tenants involved in the termination. 165, Sec. January 1, 2014. 92.004. (c) Subsection (a) does not apply to a real estate mortgage lienholder who acquires title by foreclosure. 92.334 by Acts 1997, 75th Leg., ch. Jan. 1, 1984. (4) documentation of a protective order issued under Subchapter A, Chapter 7B, Code of Criminal Procedure, except for a temporary ex parte order. 1, eff. Amended by Acts 2001, 77th Leg., ch. (12) "Sliding door handle latch" means a latch or lock: (A) located near the handle on a sliding glass door; (B) operated with or without a key; and. Added by Acts 1995, 74th Leg., ch. Acts 1983, 68th Leg., p. 3639, ch. ATTORNEY'S FEES. Acts 1983, 68th Leg., p. 3650, ch. INSPECTION OF RESIDENTIAL FIRE EXTINGUISHER. Acts 2015, 84th Leg., R.S., Ch. TENANT REMEDIES FOR LANDLORD'S FAILURE TO INSTALL OR REKEY CERTAIN SECURITY DEVICES. Jan. 1, 1984. Acts 2017, 85th Leg., R.S., Ch. 1, eff. Sept. 1, 1993. (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. (h) Repairs made pursuant to the tenant's notice must be made in compliance with applicable building codes, including a building permit when required. (c) Disclosure of information to a tenant may be made under Subdivision (1) or (2) of Subsection (b) before the tenant requests the information. 946), Sec. June 19, 2009. Jan. 1, 1984. (a) In this section: (1) "Customer" means a person who is responsible for bills received for electric utility service or gas utility service provided to nonsubmetered master metered multifamily property. Acts 1983, 68th Leg., p. 3632, ch. Sec. (4) a living unit in an apartment, condominium, cooperative, or townhome project. 92.333. 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. Renumbered from Sec. (a) The tenant may not withhold payment of any portion of the last month's rent on grounds that the security deposit is security for unpaid rent. Jan. 1, 1996. 512 (H.B. 92.058. (2) knows or has reason to know that the requirements of the subsection granting the exemption are not fulfilled. 92.201. (2) on the date the tenant terminates the lease or files suit the tenant has not fully paid costs requested by the landlord and authorized by Section 92.162. Jan. 1, 1984. 650, Sec. January 1, 2008. 1168), Sec. LANDLORD LIABILITY AND TENANT REMEDIES; NOTICE AND TIME FOR REPAIR. Aug. 28, 1989. 534), Sec. Sept. 1, 1999. (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. 15 (S.B. (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. (2) increasing rent or reducing services as part of a pattern of rent increases or service reductions for an entire multidwelling project. 650, Sec. 869, Sec. 1448), Sec. Sec. January 1, 2016. Jan. 1, 1998. (b) Except as provided by Subsection (a), a dwelling to which this subchapter applies includes: (1) a room in a dormitory or rooming house; (3) a single family house, duplex, or triplex; and. 1198 (S.B. (5) a keyless bolting device and a door viewer on each exterior door of the dwelling. (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. Added by Acts 1995, 74th Leg., ch. 92.169. TEXAS ATTORNEY ONLYwith current bar passed and licensed.What are limitations surrounding Reletting Fees? Re-letting the property voids the original lease, and releases the original tenant from any continuing obligations. * Quality assurance program Family owned and operated Realistic estimates 100% satisfaction guaranteed (e) This section does not apply to a landlord's duty to install or rekey, without necessity of a tenant's request, a security device under Section 92.153 or 92.156(a). Amended by Acts 1989, 71st Leg., ch. Jan. 1, 1996; Acts 1995, 74th Leg., ch. Acts 1983, 68th Leg., p. 3631, ch. Jan. 1, 1984. (b) A tenant may terminate the tenant's rights and obligations under a lease and may vacate the dwelling and avoid liability for future rent and any other sums due under the lease for terminating the lease and vacating the dwelling before the end of the lease term after the tenant complies with Subsection (c) or (c-1). (b) A tenant may not unilaterally terminate the lease under Subsection (a)(2) or file suit against the landlord to obtain a judgment under Subsection (a)(4) unless the landlord does not comply on or before the seventh day after the date the written request for compliance is received if the lease includes language underlined or in boldface print that in substance provides the tenant with notice that: (1) the landlord at the landlord's expense is required to equip the dwelling, when the tenant takes possession, with the security devices described by Sections 92.153(a)(1)-(4) and (6); (2) the landlord is not required to install a doorknob lock or keyed dead bolt at the landlord's expense if the exterior doors meet the requirements of Section 92.153(f); (3) the landlord is not required to install a keyless bolting device at the landlord's expense on an exterior door if the landlord is expressly required or permitted to periodically check on the well-being or health of the tenant as provided by Section 92.153(e)(3); and. (d) If a suit is filed in a justice court requesting relief under Subsection (a), the justice court shall conduct a hearing on the request not earlier than the sixth day after the date of service of citation and not later than the 10th day after that date. 588 (S.B. (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. 1099), Sec. 4, eff. If another provision of this subchapter conflicts with this section, this section controls. (b) A provision in a lease is void if the provision purports to: (1) waive a tenant's right to summon police or other emergency assistance based on the tenant's reasonable belief that an individual is in need of intervention or emergency assistance; or. NOTICE FOR TERMINATING CERTAIN TENANCIES. 165, Sec. (2) on the date the tenant terminates the lease or files suit the tenant has not fully paid costs requested by the landlord and authorized by Section 92.258. (e) A landlord may not change the locks on the door of a tenant's dwelling under Subsection (b)(3) on a day, or on a day immediately before a day, on which the landlord or other designated individual is not available, or on which any on-site management office is not open, for the tenant to tender the delinquent rent. Amended by Acts 1995, 74th Leg., ch. (a) If a landlord has installed a 1A10BC residential fire extinguisher as defined by the National Fire Protection Association or other non-rechargeable fire extinguisher in accordance with a local ordinance or other law, the landlord or the landlord's agent shall inspect the fire extinguisher: (1) at the beginning of a tenant's possession; and. TENANT'S FORWARDING ADDRESS. (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. (C) by a metal bar or metal tube that is placed across the entire interior side of the door and secured in place at each end of the bar or tube by heavy-duty metal screw hooks. Jan. 1, 1996. Sept. 1, 1997. REKEYING OR CHANGE OF SECURITY DEVICES. (c) A security device required by Subsection (a) or (b) must be installed at the landlord's expense. (b) A governmental body whose official or employee has requested information from a landlord who is liable under Section 92.202 or 92.204 may obtain or exercise one or more of the following remedies: (2) a judgment against the landlord for an amount equal to the governmental body's actual costs in discovering the information required to be disclosed by this subchapter; (3) a judgment against the landlord for $500; and. January 1, 2010. January 1, 2006. If a landlord does not comply with a tenant's request regarding rekeying, changing, adding, repairing, or replacing a security device under Section 92.156(b), 92.157, or 92.158 in accordance with the time limits and other requirements of this subchapter, the tenant may: (1) install, repair, change, replace, or rekey the security devices 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) unilaterally terminate the lease without court proceedings; and. A managing or leasing agent, 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. (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. Code Title 5 Subtitle B Chapter 53 Section 53.156 Texas Property Code Sec. Sec. (e) A landlord who violates Subsection (b) or (d) is liable to the tenant for an amount equal to the total of one month's rent plus $100 and attorney's fees. EMERGENCY PHONE NUMBER. (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. (h) A security device required by this section must be operable throughout the time a tenant is in possession of a dwelling. (c) If the tenant decides to pay a fee in lieu of a security deposit, an agreement to collect the fee must be in writing and signed by: (1) the landlord or the landlord's legal representative; and. 394 (H.B. 869, Sec. Prop. Added by Acts 1993, 73rd Leg., ch. 13, eff. LANDLORD'S DUTY TO PROVIDE COPY OF LEASE. Acts 1983, 68th Leg., p. 3640, ch. 14, eff. 92.204. 92.110. (g) If the landlord is liable to the tenant under Section 92.056 and if a new landlord, in good faith and without knowledge of the tenant's notice of intent to repair, has acquired title to the tenant's dwelling by foreclosure, deed in lieu of foreclosure, or general warranty deed in a bona fide purchase, then the following shall apply: (1) The tenant's right to terminate the lease under this subchapter shall not be affected, and the tenant shall have no duty to give additional notice to the new landlord. (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. Sept. 1, 1993. 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. (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. SECURITY DEPOSIT. Sec. (4) the tenant has the right to install or rekey a security device required by this subchapter and deduct the reasonable cost from the tenant's next rent payment, as provided by Subsection (a)(1). Aug. 28, 1989; Acts 1993, 73rd Leg., ch. Late Fees: Landlords in Texas can charge between 10-12% depending on how many units are on the property (4 or less at 12%, more than 4 at 10%). (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. Sec. 1072 (H.B. 48, 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. (D) The landlord has been notified in writing by the appropriate local housing, building, or health official or other official having jurisdiction that the condition materially affects the health or safety of an ordinary tenant. Sec. Acts 2007, 80th Leg., R.S., Ch. (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. If you move out before your lease is up, your landlord may subtract a reletting fee from your security deposit. 576, Sec. TENANT'S REMEDIES REGARDING REVOCATION OF CERTIFICATE OF OCCUPANCY. Texas law allows landlords to charge tenants for costs related to filling a vacancy left when a tenant terminates a lease without just cause. 1, eff. 92.017. 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. Sec. 348 (S.B. (2) impose monetary or other penalties on a tenant who summons police or emergency assistance if the assistance was requested or dispatched based on the tenant's reasonable belief that an individual was in need of intervention or emergency assistance. 1367), Sec. (a) The tenant must delay contracting for repairs under Section 92.0561 if, before the tenant contracts for the repairs, the landlord delivers to the tenant an affidavit, signed and sworn to under oath by the landlord or his authorized agent and complying with this section. 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 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. 1186), 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. (6) "Required date" means the required date for any acceptance of the applicant under Section 92.352. Added by Acts 2007, 80th Leg., R.S., Ch. (2) a servicemember, while in military service, executes the lease and after executing the lease receives military orders: (A) for a permanent change of station; or. September 1, 2011. 92.205. How does a Reletting fee work in Texas? Amended by Acts 1997, 75th Leg., ch. The term includes a door between a living area and a garage but does not include a sliding glass door or a screen door. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 4, eff. 1, eff. (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. (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. September 1, 2021. Acts 2019, 86th Leg., R.S., Ch. (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. Acts 2005, 79th 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). September 1, 2015. 475 (S.B. Sept. 1, 1995. (j) A tenant and a landlord may agree that the tenant waives a tenant's rights under this section if the tenant or any dependent living with the tenant moves into base housing or other housing within 30 miles of the dwelling. Your written termination notice must include payment of the reletting fee listed in paragraph 28 of your lease agreement. Added by Acts 1995, 74th Leg., ch. Sec. 1, eff. Amended by Acts 1995, 74th Leg., ch. (4) a smoke alarm powered by alternating current was required by lawful city ordinance at the time of initial construction of the unit. 952, Sec. Notice in person may be by personal delivery to the tenant or any person residing at the tenant's dwelling who is 16 years of age or older or by personal delivery to the tenant's dwelling and affixing the notice to the inside of the main entry door. 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. (b) If a dwelling unit was occupied as a residence before September 1, 2011, or a certificate of occupancy was issued for the dwelling unit before that date, a smoke alarm installed in accordance with Subsection (a) may be powered by battery and is not required to be interconnected with other smoke alarms, except that a smoke alarm that is installed to replace a smoke alarm that was in place on the date the dwelling unit was first occupied as a residence must comply with residential building code standards that applied to the dwelling unit on that date or Section 92.252(b). 1367), Sec. 5, eff. 7, 2021). Jan. 1, 1984. Texas law governing commercial leases is found in Title 8, Chapter 93 of the Texas Property Code. Acts 2015, 84th Leg., R.S., Ch. 1109), Sec. 200, Sec. A landlord has a defense to liability under Section 92.202 or 92.203 if the tenant owes rent on the date the tenant gives a notice required by either of those sections. (f) If the landlord fails to request a hearing on the tenant's sworn complaint for restoration of utility service before the eighth day after the date of service of the writ of restoration of utility service on the landlord under Subsection (d), a judgment for court costs may be rendered against the landlord. 917 (H.B. (a) A tenant is liable according to this subchapter if the tenant removes a battery from a smoke alarm without immediately replacing it with a working battery or knowingly disconnects or intentionally damages a smoke alarm, causing it to malfunction. (3) "Lease" means any written or oral agreement between a landlord and tenant that establishes or modifies the terms, conditions, rules, or other provisions regarding the use and occupancy of a dwelling. 869, 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. (a) For purposes of this section, "dependent," "military service," and "servicemember" have the meanings assigned by 50 App. September 1, 2011. 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. 92.353. 576, Sec. Senate Bill 1588 modifies Section 209.0064 of the Texas Property Code, which requires written notice of a delinquent account be sent to property owners by a property owners association that administers a subdivision development before the property owner can be made liable for the fees of a collection agent. 91.006), your landlord must make reasonable efforts to re-rent your unitno matter what your reason for leavingrather than charge you for the total remaining rent due under the lease. 91.002 by Acts 1987, 70th Leg., ch. 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. (D) the agreement is made knowingly, voluntarily, and for consideration. 650, Sec. 92.026. (2) is liable for the tenant's reasonable attorney's fees in a suit to recover the deposit. Jan. 1, 1984. 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. LIABILITY OF LANDLORD. (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. Aug. 28, 1989. 92.0132. (n) If a delinquent electric bill is paid, or a deferred payment plan is entered into, during normal business hours, the landlord shall reconnect the tenant's electric service within two hours of payment or entry into the deferred payment plan. Payment of the fee, charge, or other sum of money by a tenant does not waive the right or remedies provided by this section. 629 (S.B. 576, Sec. 92.168. 92.057(a) and amended by Acts 1995, 74th Leg., ch. Added by Acts 2005, 79th Leg., Ch. 1, eff. January 1, 2008. Under Texas law, a landlord has an obligation to mitigate damages. 4, eff. Aug. 26, 1985. Acts 1983, 68th Leg., p. 3640, ch. 917 (H.B. The reletting fee is typically 150% of one month's rent. However, most 91.006 - This regulation works in your favor. (c) Notwithstanding Subsection (b), a landlord is not required to disclose on the notice that the landlord is aware that a dwelling is located in a 100-year floodplain if the elevation of the dwelling is raised above the 100-year floodplain flood levels in accordance with federal regulations. U.S.C. A landlord is entitled to verify the significant financial loss of income in order to determine whether a tenant is entitled to terminate a lease if the tenant has signed a waiver under this section and moves within 30 miles of the dwelling into housing that is not owned or occupied by family or relatives of the tenant or the tenant's dependent. Jan. 1, 1984. 92.007. (b) The landlord must post the phone number required by Subsection (a) prominently outside the management or superintendent's office.
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