(d) Subsections (a) and (b) apply only when a tenant is in possession of a dwelling. (3) a copy of the settled claim that documents payments made by the insurer to the landlord. 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. REJECTION OF APPLICANT. If a landlord removes any of the items listed in this subsection for a bona fide repair or replacement, the repair or replacement must be promptly performed. 918, Sec. 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. APPLICATION. Amended by Acts 1997, 75th Leg., ch. Acts 1983, 68th Leg., p. 3639, ch. Sec. Other judicial actions under this chapter may not be joined with an eviction suit or asserted as a defense or crossclaim in an eviction suit. Aug. 26, 1985. Sec. 92.263. 826, Sec. Added by Acts 2005, 79th Leg., Ch. 92.156. Sec. 92.202. September 1, 2019. Sec. 1205, Sec. (e) If a tenant, after being furnished with a copy of this subchapter, knowingly violates Subsection (a), the landlord shall have no responsibility after the tenant's death for removal, storage, disappearance, damage, or disposition of property in the tenant's leased premises. September 1, 2011. 1, eff. Jan. 1, 1996. 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. The landlord's duty of inspection and repair of smoke alarms under Subchapter F may be waived only by written agreement. (2) checking to ensure the fire extinguisher gauge or pressure indicator indicates the correct pressure as recommended by the manufacturer of the fire extinguisher. (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. (b) A smoke alarm must be installed on a ceiling or wall. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING CERTAIN DECISIONS RELATED TO MILITARY SERVICE. The writ of restoration of utility service must notify the landlord of the right to a hearing. Sept. 1, 1993; Acts 1995, 74th Leg., ch. Texas Property Code Section 53.156 - Costs and Attorney's Fees Texas Statutes Prop. The current agreement is ending on 1 June 2021, but the tenant has purchased a property and wants to vacate on 1 May 2021. The Federal Emergency Management Agency (FEMA) maintains a flood map on its Internet website that is searchable by address, at no cost, to determine if a dwelling is located in a flood hazard area. Subletting vs Reletting: Which Is Best For Me? - Apartment Life (a) The applicant is deemed rejected by the landlord if the landlord does not give notice of acceptance of the applicant on or before the seventh day after the: (1) date the applicant submits a completed rental application to the landlord on an application form furnished by the landlord; or. LANDLORD LIABILITY AND TENANT REMEDIES; NOTICE AND TIME FOR REPAIR. 92.013 by Acts 2001, 77th Leg., ch. 31.01(71), eff. 576, Sec. A party who prevails in a suit brought under this subsection may recover court costs and reasonable attorney's fees from the other party. Re: Reletting Fee. There shall be a rebuttable presumption that the landlord acted in good faith and with continued diligence for the first affidavit for delay the landlord delivers to the tenant. January 1, 2016. (5) "Premises" means a tenant's rental unit, any area or facility the lease authorizes the tenant to use, and the appurtenances, grounds, and facilities held out for the use of tenants generally. 1, eff. Added by Acts 2009, 81st Leg., R.S., Ch. The term includes double-hinged patio doors. (3) the landlord is expressly required or permitted to periodically check on the well-being or health of the tenant as a part of a written lease or other written agreement. 1, eff. 92.353. January 1, 2014. (e-1) A landlord who changes the locks or otherwise prevents a tenant from entering the tenant's individual rental unit may not change the locks or otherwise prevent a tenant from entering a common area of residential rental property. TEXAS ATTORNEY ONLYwith current bar passed and licensed.What are limitations surrounding Reletting Fees? There is always an early . 576, Sec. 92.060. On request of the tenant, the landlord shall provide the statement to the tenant by any established means regularly used for written communication between the landlord and the tenant. 576, Sec. PROCEDURES FOR NOTICE OR REFUND. 1, eff. 1112 (H.B. (a) If a landlord has interrupted utility service in violation of Section 92.008, the tenant may obtain relief as provided by this section. Jan. 1, 1984. 91.002 by Acts 1987, 70th Leg., ch. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Sec. 650, Sec. 1198 (S.B. Sec. 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. 3, eff. (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. 92.004. (l) This section does not affect the ability of a landlord to pursue other available remedies, including the remedies provided by Chapter 24. 576, Sec. 1, eff. 1862), Sec. 1, eff. Jan. 1, 1984. WAIVER OR EXPANSION OF DUTIES AND REMEDIES. Reletting Charge | Legal Advice - LawGuru Amended by Acts 1993, 73rd Leg., ch. (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. Notice by mail may be by regular mail, by registered mail, or by certified mail, return receipt requested. (a) At a tenant's request made at any time, a landlord, at the tenant's expense, shall install: (1) a keyed dead bolt on an exterior door if the door has: (A) a doorknob lock but not a keyed dead bolt; or, (B) a keyless bolting device but not a keyed dead bolt or doorknob lock; and. Added by Acts 2003, 78th Leg., ch. Acts 1983, 68th Leg., p. 3637, ch. Jan. 1, 1984. 1, eff. (h) A fee collected under this section is not a security deposit for purposes of this chapter if: (1) an agreement was signed under Subsection (c); and. 7, 2021). Acts 2009, 81st Leg., R.S., Ch. to cover potential property damage. (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. 1, eff. Acts 1983, 68th Leg., p. 3632, ch. Except as otherwise provided by this chapter, in this chapter: (1) "Dwelling" means one or more rooms rented for use as a permanent residence under a single lease to one or more tenants. January 1, 2016. Acts 1983, 68th Leg., p. 3639, ch. Sec. 16, eff. Acts 1983, 68th Leg., p. 3637, ch. (2) payable at the time each rent payment is due during the lease. The Texas Legislature amended Section 207.003 and set a maximum fee that may [] Sec. 225 (S.B. (b) If more than one tenant is a party to the lease, not later than the third business day after the date a landlord receives a written request for a copy of a lease from a tenant who has not received a copy of the lease under Subsection (a), the landlord shall provide one complete copy of the lease to the requesting tenant. Sec. Texas Property Code ("TPC") Title 11, includes numerous provisions governing the formation, management, powers, . (2) the landlord has given notice to the tenant that the landlord intends to exercise the landlord's remedies under this subchapter if the tenant does not reconnect, repair, or replace the smoke alarm or replace the removed battery within seven days after being notified by the landlord to do so. 399), Sec. (e) The notices required by Subsections (b) and (d) must be included in a separate written document given to the tenant at or before execution of the lease. (b) If a tenant files or prosecutes a suit under this subchapter in bad faith, the landlord may recover possession of the dwelling unit and may recover from the tenant a civil penalty of one month's rent plus $500, court costs, and reasonable attorney's fees. 48, Sec. Sept. 1, 2001. Sept. 1, 1989. So you may not have to pay much, if any additional rent, if you break your lease. (a) If a condition results from an insured casualty loss, such as fire, smoke, hail, explosion, or a similar cause, the period for repair does not begin until the landlord receives the insurance proceeds. 1, eff. (d) The requirements of this section do not apply to a keyed dead bolt or a keyless bolting device in one door of a pair of French doors that is installed in accordance with the requirements of Section 92.153(b)(1) or (2). September 1, 2011. 689, Sec. A security deposit is any advance of money, other than a rental application deposit or an advance payment of rent, that is intended primarily to secure performance under a lease of a dwelling that has been entered into by a landlord and a tenant. (2) the late fee is more than the applicable amount under Subdivision (1), but not more than uncertain damages to the landlord related to the late payment of rent, including direct or indirect expenses, direct or indirect costs, or overhead associated with the collection of late payment. The fee for service of a writ of reentry is the same as that for service of a writ of possession. 5, eff. 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. 31.01(71), eff. Sec. (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. (d) For purposes of Subsection (b)(3) or (4), in determining whether a period of time is a reasonable time to repair or remedy a condition, there is a rebuttable presumption that seven days is a reasonable time. The notice must include a written description and itemized list of all damages, if any, and of unpaid rent, if any, including the dates the rent payments were due. (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. Sec. (g) Not later than the 30th day after the effective date of the termination of a lease under Subsection (f), the landlord shall refund to the tenant all rent or other amounts paid in advance under the lease for any period after the effective date of the termination of the lease. January 1, 2008. (1) "Adult" means an individual 18 years of age or older. 1168), Sec. (a) A landlord shall make a diligent effort to repair or remedy a condition if: (1) the tenant specifies the condition in a notice to the person to whom or to the place where rent is normally paid; (2) the tenant is not delinquent in the payment of rent at the time notice is given; and, (A) materially affects the physical health or safety of an ordinary tenant; or. Sec. (f) If a landlord violates this section and a tenant suffers a substantial loss or damage to the tenant's personal property as a result of flooding, the tenant may terminate the lease by giving a written notice of termination to the landlord not later than the 30th day after the date the loss or damage occurred. 92.109. Sept. 1, 1993; Acts 1995, 74th Leg., ch. Aug. 28, 1989. 92.057(b), (c) and amended by Acts 1995, 74th Leg., ch. January 1, 2016. However, a landlord may deactivate or remove the locking mechanism of a doorknob lock or remove any device not qualifying as a keyless bolting device if a keyed dead bolt has been installed on the same door. Can we be forced to pay 2 extra months of rent and a reletting fee plus Sec. 92.101. 92.206. 1367), Sec. January 1, 2010. Sec. 15, eff. (3) damage from windows or doors left open. Sec. Code Title 5 Subtitle B Chapter 53 Section 53.156 Texas Property Code Sec. Sec. 92.111. 48, Sec. 869, Sec. RELETTING Definition | Law Insider COMPLIANCE WITH TENANT REQUEST REQUIRED WITHIN REASONABLE TIME. 92.2611. (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. Added by Acts 1995, 74th Leg., ch. The landlord may file subsequent affidavits, provided that the total delay of the repair or remedy extends no longer than six months from the date the landlord delivers the first affidavit to the tenant. Added by Acts 1989, 71st Leg., ch. 1, eff. 576, Sec. 650, Sec. The request must be a separate document and may not be included as part of a lease agreement. 92.106. September 1, 2007. Amended by Acts 1993, 73rd Leg., ch. 2, eff. Sec. 576, Sec. PROPERTY CODE TITLE 8. Termination of a lease under this subsection is effective when the tenant surrenders possession of the dwelling. Prop. Sec. Join thousands of people who receive monthly site updates. Sec. 1, eff. 0 attorneys agreed. 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. 92.252. (c) A tenant may exercise the rights to terminate the lease under Subsection (b), vacate the dwelling before the end of the lease term, and avoid liability beginning on the date after all of the following events have occurred: (1) a judge signs an order described by Subsection (b-1)(1) if the tenant obtained such an order; (2) the tenant provides a copy of the relevant documentation described by Subsection (b-1)(1) or (2), as applicable, to the landlord; (3) the tenant provides written notice of termination of the lease to the landlord on or before the 30th day before the date the lease terminates; (4) the 30th day after the date the tenant provided notice under Subdivision (3) expires; and. (f) A landlord who violates Subsection (b), (c), (d), or (e) is liable for a civil penalty in the amount of $100 plus any towing or storage costs that the tenant incurs as a result of the towing of the tenant's vehicle. If the acknowledgment is not signed, there is a rebuttable presumption that the notice was not made available to the applicant. (2) the landlord fails to correct the information on or before the seventh day after the date the tenant gives the landlord written notice that the tenant may exercise the remedies under this subchapter if the corrected information is not provided within seven days. This subchapter applies to all residential leases. (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. 4, eff. Jan. 1, 1996. 1, eff. 2, eff. (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. (f) If a landlord or a landlord's agent violates this section, the tenant may: (1) either recover possession of the premises or terminate the lease; and. Amended by Acts 1985, 69th Leg., ch. 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. 744, 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.