INSTALLATION PROCEDURE. 1051 (H.B. There is no limit on the amount of the reletting fee, but if it is not reasonable it might be . 1186), Sec. SECURITY DEVICES REQUESTED BY TENANT. The writ of restoration of utility service must notify the landlord of the right to a hearing. (a-1) For purposes of this section, a late fee is considered reasonable if: (A) 12 percent of the amount of rent for the rental period under the lease for a dwelling located in a structure that contains not more than four dwelling units; or, (B) 10 percent of the amount of rent for the rental period under the lease for a dwelling located in a structure that contains more than four dwelling units; or. (a) Except as provided in Subsection (b), a landlord is presumed to have given notice of an applicant's acceptance or rejection if the notice is by: (1) telephone to the applicant, co-applicant, or a person living with the applicant or co-applicant on or before the required date; or. Sec. If you break the lease, you are responsible for the re-letting fee plus rent until the apartment is re-let. 1, eff. 92.057(b), (c) and amended by Acts 1995, 74th Leg., ch. (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. Reletting Fee & Finding a New Tenant As a Texas landlord, you are required by the State to find a new tenant if your current tenant chooses to break the lease. Jan. 1, 1984. 1, eff. 650, Sec. Sec. (e) Repealed by Acts 2009, 81st Leg., R.S., Ch. (a) A landlord is liable to a tenant or a governmental body according to this subchapter if: (1) after the tenant or government official or employee makes a request for information under Section 92.201, the landlord does not provide the information; and. (b) A keyed dead bolt or a keyless bolting device described in Section 92.151(6)(A) or (B) in a dwelling must: (1) have a strike plate screwed into the portion of the doorjamb surface that faces the edge of the door when the door is closed; or. 4, eff. PROPERTY CODE TITLE 8. Sec. 917 (H.B. (c) Except as provided in Subsection (d), in the event of the death of a tenant who is the sole occupant of a rental dwelling: (1) the landlord may remove and store all property found in the tenant's leased premises; (2) the landlord shall turn over possession of the property to the person who was designated by the tenant under Subsection (a) or (b) or to any other person lawfully entitled to the property if the request is made prior to the property being discarded under Subdivision (5); (3) the landlord shall refund the tenant's security deposit, less lawful deductions, including the cost of removing and storing the property, to the person designated under Subsection (a) or (b) or to any other person lawfully entitled to the refund; (4) the landlord may require any person who removes the property from the tenant's leased premises to sign an inventory of the property being removed; and. 1186), Sec. 92.254. Acts 1983, 68th Leg., p. 3632, ch. 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. (f) A keyless bolting device is not required to be installed at the landlord's expense if a tenant or occupant in the dwelling is over 55 years of age or has a physical or mental disability, the tenant requests, in writing, that the landlord deactivate or not install the keyless bolting device, and the tenant certifies in the request that the tenant or occupant is over 55 years of age or has a physical or mental disability. 1303), Sec. The notice must include the following text in both English and Spanish: "Notice to residents of (name and address of nonsubmetered master metered multifamily property): Electric (or gas) service to this property is scheduled for disconnection on (date) because (reason for disconnection).". Sec. (3) move out at our demand because of your default; or. 869, Sec. 48, Sec. Sept. 1, 1993. (a) A landlord shall install at least one smoke alarm in each separate bedroom in a dwelling unit. Prop. 869, Sec. Aug. 28, 1995. Acts 1983, 68th Leg., p. 3653, ch. 4, eff. Renumbered from Property Code Sec. 92.1641. 1, eff. Acts 2011, 82nd Leg., R.S., Ch. (a) Except as provided in Subsection (b), a landlord who receives a security deposit or rent prepayment for a dwelling from a tenant who fails to occupy the dwelling according to a lease between the landlord and the tenant may not retain the security deposit or rent prepayment if: (1) the tenant secures a replacement tenant satisfactory to the landlord and the replacement tenant occupies the dwelling on or before the commencement date of the lease; or. (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. 630), Sec. (j) This section does not affect a tenant's right to pursue a separate cause of action under Section 92.0081. 1198 (S.B. 92.059 and amended by Acts 1995, 74th Leg., ch. (a) A landlord has a defense to liability under Section 92.165 if 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 this subchapter. EFFECT ON OTHER LANDLORD DUTIES AND TENANT REMEDIES. A landlord who issues a parking permit to a tenant: (1) must issue the permit for a term that is coterminous with the tenant's lease term; and. Sept. 1, 1993; Acts 1999, 76th Leg., ch. September 1, 2019. (d) A landlord may rebut the presumption provided by Subsection (a) or (b) if despite the diligence of the landlord: (1) the landlord did not know of the tenant's request, without the fault of the landlord; (2) materials, labor, or utilities were unavailable; or. TENANT'S JUDICIAL REMEDIES. 576, Sec. Facebook. NOTICE FOR TERMINATING CERTAIN TENANCIES. POSSESSION OF FIREARMS OR FIREARM AMMUNITION ON LEASED PREMISES. Acts 1983, 68th Leg., p. 3637, ch. (13) "Sliding door pin lock" means a lock on a sliding glass door that consists of a pin or nail inserted from the interior side of the door at the side opposite the door's handle and that is designed to prevent the door from being opened or lifted. 7.002(o), eff. 5. a judgment against the landlord for attorney 's fees in an action under Subdivision (1) or (3); and 6. unilateral termination of the lease without a court proceeding if the landlord violates Section 92.259(a)(2). (i) For purposes of Subsections (c) and (c-1), a tenant who is a parent or guardian of a victim described by those subsections must reside with the victim to exercise the rights established by this section. 92.016. (a) This section applies only to a tenant in a multiunit complex, as that term is defined by Section 92.151. Acts 1983, 68th Leg., p. 3640, ch. Sec. Sept. 1, 1995. (3) tested and listed for use as a smoke alarm by Underwriters Laboratories, Inc., Factory Mutual Research Corporation, or United States Testing Company, Inc. (a-1) If requested by a tenant as an accommodation for a person with a hearing-impairment disability or as required by law as a reasonable accommodation for a person with a hearing-impairment disability, a smoke alarm must, in addition to complying with Subsection (a), be capable of alerting a hearing-impaired person in the bedrooms it serves. (2) failing to correct information given under Section 92.201(b)(1) or (2) or Section 92.201(d) that the landlord knows is incorrect. 869, Sec. Sept. 1, 1987; Acts 1997, 75th Leg., ch. (a) A landlord who has expressly or impliedly agreed in the lease to furnish and pay for water, gas, or electric service to the tenant's dwelling is liable to the tenant if the utility company has cut off utility service to the tenant's dwelling or has given written notice to the tenant that such utility service is about to be cut off because of the landlord's nonpayment of the utility bill. (f) Repairs made pursuant to the tenant's notice must be made by a company, contractor, or repairman listed in the yellow or business pages of the telephone directory or in the classified advertising section of a newspaper of the local city, county, or adjacent county at the time of the tenant's notice of intent to repair. 92.167. Amended by Acts 1995, 74th Leg., ch. (d) The tenant remedies under this section are effective on the date the tenant has notice from the utility company of a future cutoff or notice of an actual cutoff, whichever is sooner. Sept. 1, 1993. Aug. 28, 1995; Acts 1995, 74th Leg., ch. The re-let fee is turned in at the same time as your keys once you have officially moved out. January 1, 2010. 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. Amended by Acts 1993, 73rd Leg., ch. (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. Acts 2015, 84th Leg., R.S., Ch. Sec. You signed a contract for a year so you are responsible for rent for the entire year. Added by Acts 1989, 71st Leg., ch. Reletting is your best course of action if you need to terminate your lease agreement for any reason. 48, Sec. 629 (S.B. 1, eff. (k) If a tenant in bad faith files a sworn complaint for reentry resulting in a writ of reentry 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. (2) move out without paying rent in full for the entire lease term or renewal period; or. Sec. 8, eff. AGENTS FOR DELIVERY OF NOTICE. (C) The landlord has expressly or impliedly agreed in the lease to furnish heating or cooling equipment; the equipment is producing inadequate heat or cooled air; and the landlord has been notified in writing by the appropriate local housing, building, or health official or other official having jurisdiction that the lack of heat or cooling materially affects the health or safety of an ordinary tenant. 917 (H.B. (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. (a) A landlord may not: (1) prohibit or limit a residential 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. Amended by Acts 1995, 74th Leg., ch. 92.056. Sec. 1, eff. 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. Jan. 1, 1984. ATTORNEY'S FEES. Sec. (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. 869, Sec. Jan. 1, 1996. 3, eff. Added by Acts 2019, 86th Leg., R.S., Ch. 92.3515. The power system and installation procedure of a security device that is electrically operated rather than battery operated must comply with applicable local ordinances. LANDLORD 'S DEFENSE. September 1, 2007. Jan. 1, 1996. (b) A landlord shall perform additional rekeying or change a security device at the tenant's expense if requested by the tenant. (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. 165, Sec. 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. Amended by Acts 1985, 69th Leg., ch. Acts 1983, 68th Leg., p. 3641, ch. (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. (b) The new owner shall deliver to the tenant a signed statement acknowledging that the new owner has acquired the property and is responsible for the tenant's security deposit and specifying the exact dollar amount of the deposit. January 1, 2008. 177), Sec. Jan. 1, 1996; Acts 1995, 74th Leg., ch. (f) Affidavits for delay by a landlord under this section must be submitted in good faith. (a) The duties of a landlord and the remedies of a tenant under this subchapter are in lieu of common law, other statutory law, and local ordinances regarding a residential landlord's duty to install, inspect, or repair a fire extinguisher or smoke alarm in a dwelling unit. (2) the date on which all of the conditions in Subsection (a) have been met. 3, eff. 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. 17.01(44), eff. January 1, 2010. 1120), Sec. A tenant may make an unlimited number of requests under this subsection. 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. (m) If an insurer seeks reimbursement under Subsection (l)(2), the insurer must include in the reimbursement demand: (1) evidence of damages or unpaid rent that the landlord submitted to the insurer; (2) evidence of damage repair costs that the landlord submitted to the insurer; and. Acts 2007, 80th Leg., R.S., Ch. 7 juin 2022. (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. Renumbered from Sec. 744, Sec. 92.012. January 1, 2008. There will be a one-time $43 re-inspection fee assessed for that follow-up inspection to determine if the violation (s) previously identified have been abated. (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. (e) A landlord, not later than the 30th day after the effective date of the termination of a lease under this section, shall refund to the residential tenant terminating the lease under Subsection (b) all rent or other amounts paid in advance under the lease for any period after the effective date of the termination of the lease. 1205, Sec. Acts 1983, 68th Leg., p. 3635, ch. Acts 2021, 87th Leg., R.S., Ch. (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. 2, eff. 5, eff. 576, Sec. Sec. 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 10.1 Your Responsibility. LANDLORD'S FAILURE TO INSTALL, INSPECT, OR REPAIR. 1772), Sec. WHEN TENANT'S REQUEST OR NOTICE MUST BE IN WRITING. 2404), Sec. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING FAMILY VIOLENCE. 357, Sec. (2) at the time the tenant receives such evidence, the tenant has not yet terminated the lease or filed suit under this section. 91.002 and amended by Acts 1989, 71st Leg., ch. TENANT REMEDIES FOR OTHER LANDLORD VIOLATIONS. (a) This subchapter does not apply to: (1) a room in a hotel, motel, or inn or to similar transient housing; (2) residential housing owned or operated by a public or private college or university accredited by a recognized accrediting agency as defined under Section 61.003, Education Code; (3) residential housing operated by preparatory schools accredited by the Texas Education Agency, a regional accrediting agency, or any accrediting agency recognized by the commissioner of education; or. (i) Except as provided by Subsection (j), a tenant's right to terminate a lease before the end of the lease term, vacate the dwelling, and avoid liability under this section may not be waived by a tenant. Acts 1983, 68th Leg., p. 3649, ch. 576, Sec. Acts 1983, 68th Leg., p. 3637, ch. (6) the tenant holds over and the landlord's notice of termination is motivated by a good faith belief that the tenant, a member of the tenant's family, or a guest or invitee of the tenant might: (A) adversely affect the quiet enjoyment by other tenants or neighbors; (B) materially affect the health or safety of the landlord, other tenants, or neighbors; or. (b) If the dwelling has French doors, one door of each pair of French doors must meet the requirements of Subsection (a) and the other door must have: (1) a keyed dead bolt or keyless bolting device capable of insertion into the doorjamb above the door and a keyless bolting device capable of insertion into the floor or threshold, each with a bolt having a throw of one inch or more; or. Landlord's Responsibility to Re-rent in Texas According to Tex. (d) This section does not release a guarantor from the obligations of the guarantor under the terms of the original lease or a valid renewal for costs and damages owed to the lessor that arise after the date specified by the guarantor in the original lease in accordance with Subsection (b), if the costs or damages relate to actions of the tenant before that date or arise as a result of the tenant refusing to vacate the leased premises. Under Texas law, a landlord has an obligation to mitigate damages. (a) For purposes of this section, "dependent," "military service," and "servicemember" have the meanings assigned by 50 App. The term does not include dates of entry or occupation not authorized by the landlord. January 1, 2020. 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. 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. (3) the representative signs an inventory of the removed property, if required by the landlord or the landlord's agent. (2) The tenant has given notice to the landlord as required by Section 92.056(b)(1), and, if required, a subsequent notice under Section 92.056(b)(3), and at least one of those notices states that the tenant intends to repair or remedy the condition. 92.0161. 4, eff. Sec. (a) At the time an applicant is provided with a rental application, the landlord shall make available to the applicant printed notice of the landlord's tenant selection criteria and the grounds for which the rental application may be denied, including the applicant's: (5) failure to provide accurate or complete information on the application form. Added by Acts 1997, 75th Leg., ch. 92.0162. (2) date the landlord accepts an application deposit if the landlord does not furnish the applicant an application form. (l) A deferred payment plan for the purposes of this section must be in writing. 92.261. 869, Sec. 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. 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. Acts 1983, 68th Leg., p. 3639, ch. 2, eff. 92.170. Acts 1983, 68th Leg., p. 3646, ch. (e) The landlord is entitled to a hearing on the tenant's sworn complaint for reentry. EVICTION SUITS. Aug. 26, 1985. Added by Acts 1995, 74th Leg., ch. HEIGHT, STRIKE PLATE, AND THROW REQUIREMENTS--KEYED DEAD BOLT OR KEYLESS BOLTING DEVICE. 1060 (H.B. 869, Sec. (e) The landlord is entitled to a hearing on the tenant's sworn complaint for restoration of utility service. 1, eff. (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. 6, eff. Sec. 4, eff. 92.0562. (3) For conditions other than those specified in Subdivision (2) of this subsection, if the new landlord acquires title as described in this subsection and has notified the tenant of the name and address of the new landlord or the new landlord's authorized agent and if the tenant has not already contracted for the repair or remedy at the time the tenant is so notified, the tenant must deliver to the new landlord a written notice of intent to repair or remedy the condition, and the new landlord shall have a reasonable time to complete the repair before the tenant may repair or remedy the condition. Acts 1983, 68th Leg., p. 3633, ch.