(2) after the tenant moves out the landlord will either immediately demolish the rental unit or no longer use the unit for residential purposes. Sec. My daughter left her off-campus housing in March due to "Shelter in place" and we've been paying rent fo. texas property code reletting fee - coastbotanik.ca 1, eff. (2) 48 inches from the floor, if installed on or after September 1, 1993. (b) A landlord may not, within six months after the date of the tenant's action under Subsection (a), retaliate against the tenant by: (1) filing an eviction proceeding, except for the grounds stated by Section 92.332; (2) depriving the tenant of the use of the premises, except for reasons authorized by law; (4) increasing the tenant's rent or terminating the tenant's lease; or. Acts 1983, 68th Leg., p. 3631, ch. (C) taping the notice to the inside of the main entry door of the tenant's dwelling. A managing agent, leasing agent, or resident manager is the agent of the landlord for purposes of notice and other communications required or permitted by this subchapter. Jan. 1, 1984. Renumbered from Property Code Sec. If another provision of this subchapter conflicts with this section, this section controls. The deferred payment plan must allow the tenant to pay the outstanding electric bill in installments that extend beyond the due date of the next electric bill and must provide that the delinquent amount may be paid in equal installments over a period equal to at least three electric service billing cycles. 1186), Sec. Aug. 28, 1989. (6) No provision of this section shall affect any right of a foreclosing superior lienholder to terminate, according to law, any interest in the premises held by the holders of subordinate liens, encumbrances, leases, or other interests and shall not affect any right of the tenant to terminate the lease according to law. Jan. 1, 1996. (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. (b) The affidavit must summarize the reasons for the delay and the diligent efforts made by the landlord up to the date of the affidavit to get the repairs done. (c) In addition to other remedies provided by law, if a landlord violates this section, a tenant is entitled to recover from or against the landlord: (1) a civil penalty in an amount equal to one month's rent; (2) actual damages suffered by the tenant as a result of the landlord's violation of this section; (5) reasonable attorney's fees incurred by the tenant in seeking enforcement of this section. Sec. A tenant who in bad faith violates this section is liable to the landlord for an amount equal to three times the rent wrongfully withheld and the landlord's reasonable attorney's fees in a suit to recover the rent. 1, eff. In addition to other remedies provided by law, if a landlord retaliates against a tenant under this subchapter, the tenant may recover from the landlord a civil penalty of one month's rent plus $500, actual damages, court costs, and reasonable attorney's fees in an action for recovery of property damages, moving costs, actual expenses, civil penalties, or declaratory or injunctive relief, less any delinquent rents or other sums for which the tenant is liable to the landlord. Acts 2007, 80th Leg., R.S., Ch. (c) If the property is located in a municipality, the customer shall provide the same notice described by Subsection (b) to the governing body of that municipality by certified mail. (5) "Landlord" means a prospective landlord to whom a person makes application for rental of a dwelling. EVICTION SUITS. 3167), Sec. 1168), Sec. 17, eff. (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. 1, eff. (c) A smoke alarm may be located other than as required by Subsection (a) or (b) if a local ordinance or a local or state fire marshal approves. Acts 2007, 80th Leg., R.S., Ch. 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. The bar or tube must be capable of being secured to both of the screw hooks and must be permanently attached in some way to the door frame stud or wall stud. Sept. 1, 1993. (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. 257 (H.B. Amended by Acts 1989, 71st Leg., ch. 1, eff. (a) A landlord shall give prior written notice to a tenant regarding a landlord rule or policy change that is not included in the lease agreement and that will affect any personal property owned by the tenant that is located outside the tenant's dwelling. SUBCHAPTER B. It's also a good option if you don't want to take responsibility for the new tenant and any damage they might cause to the apartment. 1 While there is no specific Texas law governing how much these fees can be, excessive fees unrelated to actual early termination expenses may be struck down by a court. 576, Sec. (a) A landlord or a landlord's agent may not interrupt or cause the interruption of utility service paid for directly to the utility company by a tenant unless the interruption results from bona fide repairs, construction, or an emergency. (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. DEFINITIONS. If the person disobeyed the writ before receiving the show cause order but has complied with the writ after receiving the order, the justice may find the person in contempt and assess punishment under Section 21.002(c), Government Code. The landlord's duty of inspection and repair of smoke alarms under Subchapter F may be waived only by written agreement. BURDEN OF PROOF. 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. (d) The acknowledgment may be part of the rental application if the notice is underlined or in bold print. 7, eff. Texas Property Code - PROP 5.202 | FindLaw 1, eff. 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. 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. Acts 1983, 68th Leg., p. 3639, ch. (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). Aug. 28, 1995; Acts 1995, 74th Leg., ch. (4) "French doors" means a set of two exterior doors in which each door is hinged and abuts the other door when closed. (3) the representative signs an inventory of the removed property, if required by the landlord or the landlord's agent. 6, eff. Payment of the fee, charge, or other sum of money by a tenant does not waive the right or remedies provided by this section. Reletting Charge | Legal Advice - LawGuru Acts 2011, 82nd Leg., R.S., Ch. January 1, 2016. Acts 2009, 81st Leg., R.S., Ch. (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. (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. 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. NONRETALIATION. 1, eff. 2, eff. (c) If after a casualty loss the rental premises are partially unusable for residential purposes and if the casualty loss is not caused by the negligence or fault of the tenant, a member of the tenant's family, or a guest or invitee of the tenant, the tenant is entitled to reduction in the rent in an amount proportionate to the extent the premises are unusable because of the casualty, but only on judgment of a county or district court. The re-let fee does not include any cleaning or repair fees you are charged. PDF take over the occupancy of the home and allows the tenant to depart on 1, eff. Texas Landlord-Tenant Laws Resource Guide - Rentec Direct Blog Sec. PDF Texas Homes Realty & Management - Katy Property Management (f) For the purposes of this section, an owner or property manager may disclose either an actual name or names or an assumed name if an assumed name certificate has been recorded with the county clerk. Acts 2013, 83rd Leg., R.S., Ch. Jan. 1, 1996. Jan. 1, 1984. 576, Sec. 83), Sec. 576, Sec. Jan. 1, 1984. 92.1041. (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. 1448), Sec. Sec. (b) A landlord who knowingly violates Section 92.006 by contracting orally or in writing with a tenant to waive the landlord's duty to repair under this subchapter shall be liable to the tenant for actual damages, a civil penalty of one month's rent plus $2,000, and reasonable attorney's fees. A security device that is installed, changed, or rekeyed under this subchapter becomes a fixture of the dwelling. Jan. 1, 1984. Subchapter E - Texas Property Code Subchapter E. Disclosure of Ownership and Management Sec. (b) The landlord may not retain any portion of a security deposit to cover normal wear and tear. 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 Aug. 28, 1989. 1099), Sec. January 1, 2006. 794, Sec. A repairman or supplier shall not have a lien for materials or services arising out of repairs contracted for by the tenant under this section. 92.009. 92.025. 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. 92.170. Amended by Acts 1985, 69th Leg., ch. (2) "Nonsubmetered master metered multifamily property" means an apartment, a leased or owner-occupied condominium, or one or more buildings containing at least 10 dwellings that receive electric utility service or gas utility service that is master metered but not submetered. (2) a sliding door handle latch or sliding door security bar if the door is an exterior sliding glass door without a sliding door handle latch or sliding door security bar. 882), Sec. 744, Sec. LANDLORD'S DEFENSE. 1060 (H.B. Amended by Acts 1993, 73rd Leg., ch. 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. (c) A security device required by Subsection (a) or (b) must be installed at the landlord's expense. 869, Sec. If you move out before your lease is up, your landlord may subtract a reletting fee from your security deposit. 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. Amended by Acts 1993, 73rd Leg., ch. 92.331. What Happens with Early Termination of the Texas Lease? Sept. 1, 1993. The fee for service of a writ of reentry is the same as that for service of a writ of possession. (i) A landlord may not charge a tenant for normal wear and tear of a dwelling. If, after a landlord has notified a tenant in writing of (1) the illegality of the tenant's rent withholding or the tenant's proposed repair and (2) the penalties of this subchapter, the tenant withholds rent, causes repairs to be performed, or makes rent deductions for repairs in bad faith violation of this subchapter, the landlord may recover from the tenant a civil penalty of one month's rent plus $500. 92.260. (2) a copy of an appropriate government document providing evidence of the tenant's entrance into military service if Subsection (b)(1) applies or a copy of the servicemember's military orders if Subsection (b)(2) applies. What is a Reletting charge in Texas? - Recipes FAQs Added by Acts 2005, 79th Leg., Ch. BAD FAITH VIOLATION. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 918, Sec. Acts 2013, 83rd Leg., R.S., Ch. Understanding the Law 9, eff. In Texas, if I pay the rest of the rent in my lease term even - Quora Sec. The copy of the rules or policies must be: (2) included in a lease agreement signed by the tenant; or. 3, eff. (k) If the tenant challenges the claim for damages or unpaid rent and that challenge results in a determination by the landlord or by a court that the notice of indebtedness is incorrect, the indebtedness is void and the landlord may not file an insurance claim for insurance purchased under Subsection (e) in the amount of the voided indebtedness. 92.331 by Acts 1997, 75th Leg., ch. 92.101. The tenant may unilaterally terminate the lease or exercise other remedies under Sections 92.164 and 92.165 after receiving written notice from a management company that the owner of the dwelling has not provided or will not provide funds to repair, install, change, replace, or rekey a security device as required by this subchapter. 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. 744, Sec. (C) located on the same lot or tract or adjacent lots or tracts of land. Sept. 1, 2001. Jan. 1, 1984. 53.156 Costs and Attorney's Fees (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. 92.061. Paying out-of-pocket - Lease agreements often include penalties and fees for breaking a lease. (C) damage the property of the landlord, other tenants, or neighbors. Sec. 92.205. (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. 1367), Sec. Added by Acts 1995, 74th Leg., ch. Sept. 1, 1997. A party who files or prosecutes a suit under Subchapter B, D, E, or F in bad faith or for purposes of harassment is liable to the defendant for one month's rent plus $100 and for attorney's fees. (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. Written Notice: The clause will specify how much written notice the tenant must give the landlord to end a lease early. Jan. 1, 1996. Sec. 69), Sec. Acts 2007, 80th Leg., R.S., Ch. Jan. 1, 1984. (4) court costs and attorney's fees arising from any related cause of action by the tenant against the landlord. June 20, 2003. REJECTION OF APPLICANT. (l) This section does not affect the ability of a landlord to pursue other available remedies, including the remedies provided by Chapter 24. (p) A landlord who provides notice in accordance with Subsection (h) may not apply a payment made by a tenant to avoid interruption of electric service or reestablish electric service to rent or any other amounts owed under the lease. September 1, 2011. 31.01(71), eff. Sec. 917 (H.B. 302), Sec. 48, Sec. 92.334. (b) At a tenant's request made before January 1, 1995, a landlord, at the tenant's expense, shall install on an exterior door of a dwelling constructed before September 1, 1993: (1) a keyless bolting device if the door does not have a keyless bolting device; and. 3, eff. 1, eff. CESSATION OF OWNER'S INTEREST. Amended by Acts 1993, 73rd Leg., ch. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 1, eff. (e) This section relates only to a fee, charge, or other sum of money required to be paid under the lease if rent is not paid as provided by Subsection (a)(3), and does not affect the landlord's right to terminate the lease or take other action permitted by the lease or other law. Sec. Jan. 1, 1984. 576, Sec. (b) A landlord is not required to provide the notice under Subsection (a) if the tenant has not given the landlord the tenant's forwarding address as provided by Section 92.107.