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92.0131. (3) a copy of the settled claim that documents payments made by the insurer to the landlord. Acts 1983, 68th Leg., p. 3645, ch. 3101), Sec. https://texas.public.law/statutes/tex._prop._code_section_92.019. HARASSMENT. Aug. 31, 1987. 1, eff. (h) This section does not affect a tenant's liability for delinquent, unpaid rent or other sums owed to the landlord before the date the lease was terminated by the tenant under this section. (3) the landlord has locally mailed not later than the fifth calendar day before the date on which the door locks are changed or hand-delivered to the tenant or posted on the inside of the main entry door of the tenant's dwelling not later than the third calendar day before the date on which the door locks are changed a written notice stating: (A) the earliest date that the landlord proposes to change the door locks; (B) the amount of rent the tenant must pay to prevent changing of the door locks; (C) the name and street address of the individual to whom, or the location of the on-site management office at which, the delinquent rent may be discussed or paid during the landlord's normal business hours; and. 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. Sept. 1, 1995; Acts 1995, 74th Leg., ch. (c) A landlord's failure to provide a complete copy of the lease as described by Subsection (a) or (b) does not invalidate the lease or, subject to Subsection (d), prevent the landlord from prosecuting or defending a legal action or proceeding to enforce the lease. Sec. 576, Sec. (2) may not be effective before the 14th day after the date notice of the change is delivered to the tenant, unless the change is the result of a construction or utility emergency. Acts 1983, 68th Leg., p. 3632, ch. 322 (H.B. Acts 1983, 68th Leg., p. 3650, ch. 92.105. (2) if an entity located off-site from the dwelling is primarily responsible for managing the dwelling, the name and street address of the management company. (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. Sec. 91.002 and amended by Acts 1989, 71st Leg., ch. Amended by Acts 1993, 73rd Leg., ch. Cost of the early termination fee (typically 1-2 months or rent) The landlord will officially consider the lease terminated after receipt of the signed notice and early . Acts 1983, 68th Leg., p. 3649, ch. (b) A landlord may require a tenant to pay for repair or replacement of a security device if an underlined provision in a written lease authorizes the landlord to do so and the repair or replacement is necessitated by misuse or damage by the tenant, a member of the tenant's family, an occupant, or a guest, and not by normal wear and tear. (10) "Rekey" means to change or alter a security device that is operated by a key, card, or combination so that a different key, card, or combination is necessary to operate the security device. This duty does not exist with respect to damage or a malfunction caused by the tenant, the tenant's family, or the tenant's guests or invitees during the term of the lease or a renewal or extension, except that the landlord has a duty to repair or replace the smoke alarm if the tenant pays in advance the reasonable repair or replacement cost, including labor, materials, taxes, and overhead. 826, Sec. 165, Sec. September 1, 2017. Section 92.019 Texas Property Code Sec. EXEMPTIONS. Acts 2015, 84th Leg., R.S., Ch. Reletting fees are allowed under Texas state law, but they can't be so high they would be considered excessive by a judge. Sec. Jan. 1, 1996. The drop bolt system must prevent the door from being opened unless the central plate is lifted off of the doorjamb restraint by a person who is on the interior side of the door. 92.109. (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. 576, Sec. 576, Sec. (a) If, at the time of signing a lease or lease renewal, a tenant gives written notice to the tenant's landlord that the tenant does not occupy the leased premises as a primary residence and requests in writing that the landlord send notices to the tenant at the tenant's primary residence and provides to the landlord the address of the tenant's primary residence, the landlord shall mail to the tenant's primary residence: (3) all notices of rental increases at the end of the lease term; and. 18, eff. 92.0563. 1448), Sec. (4) a smoke alarm powered by alternating current was required by lawful city ordinance at the time of initial construction of the unit. 1, eff. Section 92.019 Late Payment of Rent; Fees, 3101), Sec. 92.055. 576, Sec. Most commonly, an early termination fee is two months' rent. The landlord has a defense to liability under Section 92.259 if: (1) on the date the tenant gives the notice required by Section 92.259 the tenant has not paid all rent due from the tenant; or. Jan. 1, 1984. REKEYING OR CHANGE OF SECURITY DEVICES. (a) Except as provided by this section, the tenant has the burden of proof in a judicial action to enforce a right resulting from the landlord's failure to repair or remedy a condition under Section 92.052. 92.026. January 1, 2010. 92.201. (c) Repealed by Acts 2009, 81st Leg., R.S., Ch. 92.204. 9, eff. 1168), Sec. 1, eff. 92.170. (a) A landlord that has an on-site management or superintendent's office for a residential rental property must provide to a tenant a telephone number that will be answered 24 hours a day for the purpose of reporting emergencies related to a condition of the leased premises that materially affects the physical health or safety of an ordinary tenant. 938, Sec. (4) establishes, attempts to establish, or participates in a tenant organization. 48, Sec. Sec. Sec. (b) A smoke alarm must be installed on a ceiling or wall. Jan. 1, 1984. (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. 3101), Sec. (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). INVALID COMPLAINTS. Texas Property Code Ann. 92.007. 3, eff. 6, eff. A party who prevails in a suit under this subsection may recover court costs and reasonable attorney's fees from the other party. (d) A landlord may not continue to prosecute and a court shall abate an action to enforce the lease, other than an action for nonpayment of rent, only until the landlord provides to a tenant a complete copy of the lease if the tenant submits to the court evidence in a plea in abatement or otherwise that the landlord failed to comply with Subsection (a) or (b). Sec. In addition to court costs and reasonable attorney's fees, a plaintiff who prevails under this subsection may recover from the landlord $500 for each violation of this section. Your written termination notice must include payment of the reletting fee listed in paragraph 28 of your lease agreement. January 1, 2010. RETALIATION BY LANDLORD. 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. Added by Acts 2021, 87th Leg., R.S., Ch. 650, Sec. 1367), Sec. 1, eff. Unfortunately, many tenants are unaware of this law and do not receive a proper refund of their deposit. Sec. 48, Sec. The term does not include occupancy before the initial occupancy date authorized under a lease. (3) not entitled to the other repair and deduct remedies under Section 92.0561 or the judicial remedies under Subdivisions (1) and (2) of Subsection (a) of Section 92.0563. Sept. 1, 1993. Oral notices of change are insufficient. Sept. 1, 1989. Most leases in Texas are written for initial fixed terms, usually 12 months. Sec. Added by Acts 1993, 73rd Leg., ch. 92.057(a) and amended by Acts 1995, 74th Leg., ch. January 1, 2016. (last accessed Jun. 576, 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. If a landlord spends the equivalent of the reletting fee to re-rent the apartment, then that is a legitimate charge. 17.001(a), eff. Sec. (e) The affidavit must be delivered to the tenant by any of the following methods: (2) certified mail, return receipt requested, to the tenant; or. 18 (S.B. Added by Acts 2007, 80th Leg., R.S., Ch. Various state laws limit the maximum amount a landlord can charge, so check your state's laws and regulations. 937, Sec. Sept. 1, 1999. (4) court costs and attorney's fees arising from any related cause of action by the tenant against the landlord. 1, eff. (c) Repairs and deductions under this section may be made as often as necessary so long as the total repairs and deductions in any one month do not exceed one month's rent or $500, whichever is greater. You should seek insurance coverage that would cover losses caused by a flood.". Sec. 1420, Sec. 2.63, eff. 650, Sec. AGENTS FOR DELIVERY OF NOTICE. Sec. 917 (H.B. 92.106. (2) the landlord does not install, inspect, or repair the smoke alarm on or before the seventh day after the date the tenant gives the landlord written notice that the tenant may exercise his remedies under this subchapter if the landlord does not comply with the request within seven days. Reletting is a penalty for breaking your lease. Sept. 1, 1995. 357, Sec. (g) A landlord is liable for any damage to a tenant's vehicle resulting from the negligence of a towing service that contracts with the landlord or the landlord's agent to remove vehicles that are parked in violation of the landlord's rules and policies if the towing company that caused the damage does not carry insurance that covers the damage. (e) A landlord may comply with this section by providing to a tenant a complete copy of the lease: (2) in an electronic format if requested by the tenant; or. Sec. 375), Sec. 630), Sec. 92.155. Sec. (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. September 1, 2013. 3, eff. 92.201. 92.110. 357, Sec. (b) If after a casualty loss the rental premises are as a practical matter totally 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, either the landlord or the tenant may terminate the lease by giving written notice to the other any time before repairs are completed. Sec. Acts 2009, 81st Leg., R.S., Ch. Notice by mail may be by regular mail, by registered mail, or by certified mail, return receipt requested. 869, Sec. A landlord's duty to install a smoke alarm under Subchapter F may not be waived, nor may a tenant waive a remedy for the landlord's noninstallation or waive the tenant's limited right of installation and removal. 469 (H.B. from Statutes.Capitol.Texas.gov website.85 % of read more 1, eff. (k) The fee for filing a sworn complaint for restoration of utility service is the same as that for filing a civil action in justice court. 1, eff. 588 (S.B. 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. 576, Sec. Texas Rules on Cash Rental Payments 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. 1420, Sec. (b) If the landlord secures the replacement tenant, the landlord may retain and deduct from the security deposit or rent prepayment either: (1) a sum agreed to in the lease as a lease cancellation fee; or. (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. 13, eff. 946), Sec. January 1, 2006. OBLIGATION TO REFUND. You can't make the best decision for your situation until you . 576, Sec. Amended by Acts 1985, 69th Leg., ch. 1, eff. 92.252. 869, Sec. (B) if the report or record described by Paragraph (A) identifies the victim by means of a pseudonym, as defined by Article 58.001, Code of Criminal Procedure, a copy of a pseudonym form completed and returned under Article 58.152(a) of that code. (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. September 1, 2019. 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. Added by Acts 1995, 74th Leg., ch. Sec. (c) A fire extinguisher that satisfies the inspection requirements of Subsection (b) at the beginning of a tenant's possession is presumed to be in good working order until the tenant requests an inspection in writing. (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. (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. WAIVER OR EXPANSION OF DUTIES AND REMEDIES. for non-profit, educational, and government users. (b) The notice must be given in person or by mail to the affected tenant.

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