921 (H.B. 1, eff. 882), Sec. Sept. 1, 1997. 48, Sec. Jan. 1, 1996. Sec. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING CERTAIN SEX OFFENSES OR STALKING. 917 (H.B. (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. Acts 2017, 85th Leg., R.S., Ch. Repairs may not be made to the foundation or load-bearing structural elements of the building if it contains two or more dwelling units. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING CERTAIN DECISIONS RELATED TO MILITARY SERVICE. 92.057(b), (c) and amended by Acts 1995, 74th Leg., ch. 92.003. (4) obtain judicial remedies according to Section 92.0563. we provide special support 15 (S.B. 92.263. Acts 1983, 68th Leg., p. 3653, ch. Sept. 1, 1997. If on a wall, it must be no closer than six inches and no farther than 12 inches from the ceiling or otherwise located in accordance with the manufacturer's installation instructions. 475, Sec. (a) This section applies only to a tenant in a multiunit complex, as that term is defined by Section 92.151. (3) of the charges for each option described by Subdivision (1) or (2). OCCUPANCY LIMITS. Jan. 1, 1984. January 1, 2008. Subchapter E - Texas Property Code Subchapter E. Disclosure of Ownership and Management Sec. (3) Any one of the following events has occurred: (A) The landlord has failed to remedy the backup or overflow of raw sewage inside the tenant's dwelling or the flooding from broken pipes or natural drainage inside the dwelling. (l) This section does not affect the ability of a landlord to pursue other available remedies, including the remedies provided by Chapter 24. BURDEN OF PROOF. Sec. (2) increasing rent or reducing services as part of a pattern of rent increases or service reductions for an entire multidwelling project. (d) This section does not apply to locks on closet doors or other interior doors. The tenant selection criteria may include factors such as criminal history, credit history, current income, and rental history. 683, Sec. Sept. 1, 1995. 1, eff. 1, eff. (9) "Possession of a dwelling" means occupancy by a tenant under a lease, including occupancy until the time the tenant moves out or a writ of possession is issued by a court. Jan. 1, 1984. 918, Sec. NOTICE OF RULE OR POLICY CHANGE AFFECTING TENANT'S PERSONAL PROPERTY. (o) A landlord may not interrupt or cause the interruption of electric service under Subsection (h) for any of the following reasons: (1) a delinquency in payment for electric service furnished to a previous tenant; (2) failure to pay non-electric bills, rent, or other fees; (3) failure to pay electric bills that are six or more months delinquent; or. Sec. 92.007. Sec. Acts 1983, 68th Leg., p. 3631, ch. Added by Acts 1995, 74th Leg., ch. 92.156. (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. Acts 2009, 81st Leg., R.S., Ch. (6) "Keyless bolting device" means a door lock not in the doorknob that locks: (A) with a bolt into a strike plate screwed into the portion of the doorjamb surface that faces the edge of the door when the door is closed or into a metal doorjamb that serves as the strike plate, operable only by knob or lever from the door's interior and not in any manner from the door's exterior, and that is commonly known as a keyless dead bolt; (B) by a drop bolt system operated by placing a central metal plate over a metal doorjamb restraint that protrudes from the doorjamb and that is affixed to the doorjamb frame by means of three case-hardened screws at least three inches in length. 512 (H.B. LANDLORD'S FAILURE TO CORRECT INFORMATION. (2) "Occupant" means a person who has the landlord's consent to occupy a dwelling but has no obligation to pay the rent for the dwelling. Acts 1983, 68th Leg., p. 3651, ch. (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. Section 4001 et seq.). 92.255. 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. A reasonable time for purposes of this subsection is presumed to be not later than the seventh day after the date the request is received by the landlord. (a) A landlord may not require a tenant to pay for repair or replacement of a security device due to normal wear and tear. LANDLORD LIABILITY TO TENANT FOR UTILITY CUTOFF. (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. Jan. 1, 1996. Re: Reletting Charge. (5-a) "Rental application" means a written request made by an applicant to a landlord to lease premises from the landlord. TENANT'S REPAIR AND DEDUCT REMEDIES. 651 (H.B. teriyaki chicken donburi wagamama . 165, Sec. Sept. 1, 1997. 1072 (H.B. (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. 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. (c) A keyed dead bolt or keyless dead bolt, as described by Section 92.151(6)(A), installed in a dwelling on or after September 1, 1993, must have a bolt with a throw of not less than one inch. Amended by Acts 1989, 71st Leg., ch. Sec. (a) Except as provided by Subsections (b), (e), (f), (g), and (h) and without necessity of request by the tenant, a dwelling must be equipped with: (1) a window latch on each exterior window of the dwelling; (2) a doorknob lock or keyed dead bolt on each exterior door; (3) a sliding door pin lock on each exterior sliding glass door of the dwelling; (4) a sliding door handle latch or a sliding door security bar on each exterior sliding glass door of the dwelling; and. 48, Sec. Added by Acts 2005, 79th Leg., Ch. Sec. January 1, 2010. Jan. 1, 1984. . Amended as Sec. Acts 2019, 86th Leg., R.S., Ch. TENANT'S DISABLING OF A SMOKE ALARM. Sec. Acts 1983, 68th Leg., p. 3630, ch. Amended by Acts 1993, 73rd Leg., ch. Sec. 4, eff. (m) A landlord may not interrupt or cause the interruption of electric service under Subsection (h) to a tenant who receives energy assistance for a billing period during which the landlord receives a pledge, letter of intent, purchase order, or other notification that the energy assistance provider is forwarding sufficient payment to continue the electric service. Even if the dwelling is not in a 100-year floodplain, the dwelling may still be susceptible to flooding. Unfortunately, many tenants are unaware of this law and do not receive a proper refund of their deposit. 16, eff. Jan. 1, 1996. 2, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. See 91.006 of the Texas Property Code: (a) A landlord has a duty to mitigate damages if a tenant abandons the leased premises in violation of the lease. 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. Sec. (2) more than once during a rental payment period. (2) the landlord may not allow reoccupancy or reconnection of utilities by separate meter within six months after the date the tenant moves out. Sept. 1, 1993. texas property code reletting fee. 4, eff. Amended by Acts 1989, 71st Leg., ch. 15, eff. (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. 744, Sec. (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. (e) If a rule or policy change is made during the term of the lease agreement, the change: (A) apply to all of the landlord's tenants in the same multiunit complex and be based on necessity, safety or security of tenants, reasonable requirements for construction on the premises, or respect for other tenants' parking rights; or, (B) be adopted based on the tenant's written consent; and. (D) The landlord has been notified in writing by the appropriate local housing, building, or health official or other official having jurisdiction that the condition materially affects the health or safety of an ordinary tenant. (c-1) If the tenant is a victim or a parent or guardian of a victim of stalking under Section 42.072, Penal Code, that takes place during the preceding six-month period on the premises or at any dwelling on the premises, the tenant shall provide to the landlord or the landlord's agent a copy of: (1) documentation of a protective order issued under Subchapter A or B, Chapter 7B, Code of Criminal Procedure, except for a temporary ex parte order; or. (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. (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. (a) If the owner's interest in the premises is terminated by sale, assignment, death, appointment of a receiver, bankruptcy, or otherwise, the new owner is liable for the return of security deposits according to this subchapter from the date title to the premises is acquired. The landlord has a duty to mitigate its damages and try to re-let the apartment but this can be difficult to enforce. 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. 650, Sec. Added by Acts 2011, 82nd Leg., R.S., Ch. 689, Sec. If the insurance company has already paid the landlord for the invalidated claim, the landlord shall return the payment. Sec. 3, eff. Added by Acts 2019, 86th Leg., R.S., Ch. Acts 1983, 68th Leg., p. 3649, ch. This subchapter applies to a lease executed, entered into, renewed, or extended on or after September 1, 1979. Jan. 1, 1984. 1099), Sec. In . Sept. 1, 2001. 10.1 Your Responsibility. (a) A keyed dead bolt or a keyless bolting device required by this subchapter must be installed at a height: (1) not lower than 36 inches from the floor; and, (A) 54 inches from the floor, if installed before September 1, 1993; or. January 1, 2014. Sec. 3101), Sec. texas property code reletting fee; Posted on June 29, 2022; By . Court costs may be waived only if the tenant executes a pauper's affidavit. 92.206. Jan. 1, 1984. If a landlord offers a tenant the option of paying a fee in lieu of a security deposit, the landlord: (1) shall offer the tenant the option to instead pay a security deposit; and. The landlord shall keep accurate records of all security deposits. (a) For purposes of this section, "dependent," "military service," and "servicemember" have the meanings assigned by 50 App. Section 511. Acts 2009, 81st Leg., R.S., Ch. 1, eff. The affidavit must state facts showing that the landlord has made and is making diligent efforts to repair the condition, and it must contain dates, names, addresses, and telephone numbers of contractors, suppliers, and repairmen contacted by the owner. (b) A landlord who in bad faith does not provide a written description and itemized list of damages and charges in violation of this subchapter: (1) forfeits the right to withhold any portion of the security deposit or to bring suit against the tenant for damages to the premises; and. 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. (c) Subsection (a) does not apply to a real estate mortgage lienholder who acquires title by foreclosure. . 92.201. (h) A tenant's right to a jury trial in an action brought under this chapter may not be waived in a lease or other written agreement. A tenant may make an unlimited number of requests under this subsection. 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. DISCLOSURE OF OWNERSHIP AND MANAGEMENT. 92.332. 1, eff. (c) When deducting for the tenant's payment of the landlord's utility bill under this section, the tenant shall submit to the landlord a copy of a receipt from the utility company which evidences the amount of payment made by the tenant to reconnect or avert cutoff of utilities. Jan. 1, 1996. A landlord is presumed to have refunded a security deposit or made an accounting of security deposit deductions if, on or before the date required under this subchapter, the refund or accounting is placed in the United States mail and postmarked on or before the required date. (2) sign a statement authorizing the landlord in the event of the tenant's death to: (A) grant to the person designated under Subdivision (1) access to the premises at a reasonable time and in the presence of the landlord or the landlord's agent; (B) allow the person designated under Subdivision (1) to remove any of the tenant's property found at the leased premises; and. 92.201. 92.254. (4) court costs and attorney's fees arising from any related cause of action by the tenant against the landlord. (g) If a landlord arrives at the dwelling in a timely manner in response to a tenant's telephone call to the number contained in the notice as described by Subsection (c)(1) and the tenant is not present to receive the key to the changed lock, the landlord shall leave a notice on the front door of the dwelling stating the time the landlord arrived with the key and the street address to which the tenant may go to obtain the key during the landlord's normal office hours. Aug. 28, 1989. However . 650, Sec. If the writ is disobeyed, the tenant or the tenant's attorney may file in the court in which the reentry 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. Sec. Jan. 1, 1984. 1, eff. from Statutes.Capitol.Texas.gov website.85 % of read more (f) A landlord who intentionally prevents a tenant from entering the tenant's dwelling under Subsection (b)(3) must provide the tenant with a key to the changed lock on the dwelling without regard to whether the tenant pays the delinquent rent. During the lease term and any renewal period, a landlord shall repair or replace a security device on request or notification by the tenant that the security device is inoperable or in need of repair or replacement. Acts 1983, 68th Leg., p. 3651, ch. (4) a living unit in an apartment, condominium, cooperative, or townhome project. (b) At the time a landlord offers to a tenant the option of paying a fee in lieu of a security deposit, the landlord shall notify the tenant in writing: (1) that the tenant has the option to instead pay a security deposit; (2) that the tenant has the option to terminate the agreement to pay the fee in lieu of a security deposit at any time and stop paying the fee, and instead, to pay a security deposit in the amount that is otherwise offered to new tenants for substantially similar housing on the date the tenant chooses to pay the security deposit; and. January 1, 2008. REMEDIES. Code 92.019 (2023).) 1205, 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.
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