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 (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. 1, 3, eff. (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. 475, Sec. (3) of the charges for each option described by Subdivision (1) or (2). 92.1641. Sec. September 1, 2017. Sec. 1, eff. (3) not later than the third day after the date of receipt of the tenant's request, provided the tenant with a written notice: (A) stating that the management company or managing agent has taken the actions in Subdivisions (1) and (2); (B) stating that the owner has not provided or will not provide the necessary funds; and. REMEDIES. Sept. 1, 1993; Acts 1995, 74th Leg., ch. Sept. 1, 1995. Jan. 1, 1984. Sec. (16) "Window latch" means a device on a window that prevents the window from being opened and that is operated without a key and only from the interior. REMOVAL OF PROPERTY AND EXCLUSION OF RESIDENTIAL TENANT. A tenant of a landlord who is liable under Section 92.259 may obtain or exercise one or more of the following remedies: (1) a court order directing the landlord to comply with the tenant's request if the tenant is in possession of the dwelling unit; (2) a judgment against the landlord for damages suffered by the tenant because of the landlord's violation; (3) a judgment against the landlord for a civil penalty of one month's rent plus $100 if the landlord violates Section 92.259(a)(2); (4) a judgment against the landlord for court costs; (5) a judgment against the landlord for attorney's fees in an action under Subdivision (1) or (3); and. (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. Sec. 651 (H.B. Through social 2, eff. (c) Subsection (a) does not apply to a real estate mortgage lienholder who acquires title by foreclosure. Sec. 92.163. 357, Sec. (a) Subject to Subsections (b) and (c), a smoke alarm must be installed according to the manufacturer's recommended procedures. 1) Negotiate with your landlord (k) A landlord may not change the locks on the door of a tenant's dwelling under Subsection (b)(3): (1) when the tenant or any other legal occupant is in the dwelling; or. 2, eff. Jan. 1, 1996. 1, eff. Sec. LIABILITY FOR LEASING TO PERSON WITH CRIMINAL RECORD. Renumbered from Property Code Sec. (d) If the landlord closes the rental unit after the tenant gives the landlord a notice to repair and the tenant moves out on or before the end of the rental term, the landlord must pay the tenant's actual and reasonable moving expenses, refund a pro rata portion of the tenant's rent from the date the tenant moves out, and, if otherwise required by law, return the tenant's security deposit. The term does not include occupancy before the initial occupancy date authorized under a lease. The term includes a door between a living area and a garage but does not include a sliding glass door or a screen door. Amended by Acts 1989, 71st Leg., ch. 650, Sec. Acts 1983, 68th Leg., p. 3650, ch. Sept. 1, 2001. RESIDENTIAL TENANT'S RIGHT OF REENTRY AFTER UNLAWFUL LOCKOUT. (a) If a tenant files or prosecutes a suit for retaliatory action based on a complaint asserted under Section 92.331(a)(3), and the government building or housing inspector or utility company representative visits the premises and determines in writing that a violation of a building or housing code does not exist or that a utility problem does not exist, there is a rebuttable presumption that the tenant acted in bad faith. TENANT'S REMEDIES REGARDING REVOCATION OF CERTIFICATE OF OCCUPANCY. (b) The tenant must file with the justice court in the precinct in which the rental premises are located a sworn complaint for reentry, specifying the facts of the alleged unlawful lockout by the landlord or the landlord's agent. for non-profit, educational, and government users. If a violation (s) is identified at the time of the City's comprehensive inspection, a follow-up inspection will be required. Acts 1983, 68th Leg., p. 3651, ch. (a) Not later than the third business day after the date the lease is signed by each party to the lease, a landlord shall provide at least one complete copy of the lease to at least one tenant who is a party to the lease. 165, Sec. (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. (2) entered into a deferred payment plan that complies with Subsection (l). 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. (c) If Subsection (b) does not apply, the owner's management company, on-premise manager, or rent collector serving the dwelling is the owner's authorized agent for service of process unless the owner's name and business street address have been furnished in writing to the tenant. However, if the tenant's rent is subsidized in whole or in part by a governmental agency, the deduction limitation of one month's rent shall mean the fair market rent for the dwelling and not the rent that the tenant pays. 92.004. A lease termination charge is a fee that allows you to break your lease early without any loss or risk of paying the entirety of rent due for the lease term. 92.0135. 1, eff. Most tenant insurance policies do not cover damages or loss incurred in a flood. . Aug. 28, 1989; Acts 1993, 73rd Leg., ch. (e) A fee collected under this section may be used to purchase insurance coverage for damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease. 92.014. (g) A party may appeal from the court's judgment at the hearing on the sworn complaint for restoration of utility service in the same manner as a party may appeal a judgment in a forcible detainer suit. September 1, 2011. The duties of a landlord and the remedies of a tenant under this subchapter are in lieu of the common law, other statutory law, and local ordinances relating to the disclosure of ownership and management of a dwelling by a landlord to a tenant. 2, eff. 869, Sec. 1, eff. This fee is meant to compensate the rental owners for the costs of releasing the unit. If you break the lease, you are responsible for the re-letting fee plus rent until the apartment is re-let. This chapter applies only to the relationship between landlords and tenants of residential rental property. Check your specific lease agreement or renewal for your amount. 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. 92.110. Sec. 92.263. Amended by Acts 1993, 73rd Leg., ch. 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. (c-1) As a precondition for allowing a tenant to park in a specific parking space or a common parking area that the landlord has made available for tenant use, the landlord may require a tenant to provide only the make, model, color, year, license number, and state of registration of the vehicle to be parked. (2) the date on which all of the conditions in Subsection (a) have been met. EFFECT ON OTHER LANDLORD DUTIES AND TENANT REMEDIES. In any litigation under this subsection, the prevailing party shall recover reasonable attorney's fees from the nonprevailing party. 5, eff. Code 91.006, a landlord must make reasonable efforts to re-rent their unit instead of charging the tenant for the total remaining rent due under the lease. 576, Sec. SECURITY DEVICES REQUIRED WITHOUT NECESSITY OF TENANT REQUEST. TERM OF PARKING PERMIT. 92.258. (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. 1, eff. 91.002 by Acts 1987, 70th Leg., ch. 5, eff. Sec. Added by Acts 2009, 81st Leg., R.S., Ch. (2) United States mail, addressed to the applicant and postmarked on or before the required date. (e) Except as provided in Subsection (f), a tenant to whom a landlord is liable under Subsection (b) of this section may: (2) have the condition repaired or remedied according to Section 92.0561; (3) deduct from the tenant's rent, without necessity of judicial action, the cost of the repair or remedy according to Section 92.0561; and. Acts 1983, 68th Leg., p. 3631, ch. Added by Acts 2007, 80th Leg., R.S., Ch. Sec. 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. (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. 2, 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. Acts 2005, 79th Leg., Ch. 92.102. The tenant must also state orally under oath to the justice the facts of the alleged unlawful utility disconnection. 6, eff. Jan. 1, 1996. Amended by Acts 1989, 71st Leg., ch. 1, eff. Landlord's Responsibility to Re-rent in Texas According to Tex. LANDLORD'S DUTY TO REPAIR OR REMEDY. 650, Sec. Jan. 1, 1984. If the lease is in writing and is not in violation of Section 92.006, the tenant's proof of a knowing violation must be clear and convincing. 302), Sec. 1051 (H.B. 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. To rebut that presumption, the date on which the landlord received the tenant's notice, the severity and nature of the condition, and the reasonable availability of materials and labor and of utilities from a utility company must be considered. 92.109. 399), Sec. 92.334. 1168), Sec. Tweet Twitter . 3, eff. 2, eff. 869, Sec. 3101), Sec. 1367), Sec. Added by Acts 2005, 79th Leg., Ch. 576, Sec. Original Source: 917 (H.B. 3, eff. 16, eff. 1399), Sec. (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. Sec. 4, eff. 794, Sec. LANDLORD'S DUTY TO REPAIR OR REPLACE SECURITY DEVICE. 1414), Sec. 882), Sec. 7, eff. INSPECTION AND REPAIR. (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.
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