OCCUPANCY LIMITS. Acts 2013, 83rd Leg., R.S., Ch. (d) Disclosure of information to a government official or employee must be made by giving the information in writing to the official or employee on or before the seventh day after the date the landlord receives the request from the official or employee for the information. Unless possession of a firearm or firearm ammunition on a landlord's property is prohibited by state or federal law, a landlord may not prohibit a tenant or a tenant's guest from lawfully possessing, carrying, transporting, or storing a firearm, any part of a firearm, or firearm ammunition: (2) in a vehicle located in a parking area provided for tenants or guests by the landlord of the leased premises; or. entrepreneurship, were lowering the cost of legal services and (b) A landlord who knowingly violates Section 92.006 by contracting orally or in writing with a tenant to waive the landlord's duty to repair under this subchapter shall be liable to the tenant for actual damages, a civil penalty of one month's rent plus $2,000, and reasonable attorney's fees. Sept. 1, 1993. 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. 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. Sec. (3) of the charges for each option described by Subdivision (1) or (2). 6, eff. 76, Sec. (2) after the tenant moves out the landlord will either immediately demolish the rental unit or no longer use the unit for residential purposes. Sept. 1, 1993; Acts 1995, 74th Leg., ch. A landlord who in bad faith fails to refund an application fee or deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the amount wrongfully retained, and the applicant's reasonable attorney's fees. 952, Sec. Redesignated from Property Code Sec. (b) If the landlord makes the notice available under Subsection (a), the applicant shall sign an acknowledgment indicating the notice was made available. 91.002 and amended by Acts 1989, 71st Leg., ch. LIABILITY FOR WITHHOLDING LAST MONTH'S RENT. Sept. 1, 1993. (4) affect a local ordinance that requires regular inspections by local officials of smoke alarms in dwelling units and that requires smoke alarms to be operational at the time of inspection. Jan. 1, 1984. (4) a judgment against the landlord for court costs and attorney's fees. 1420, Sec. 2, eff. A party who prevails in a suit under this subsection may recover court costs and reasonable attorney's fees from the other party. Jan. 1, 1996. 21.001, eff. The current agreement is ending on 1 June 2021, but the tenant has purchased a property and wants to vacate on 1 May 2021. (e) If the landlord rejects an applicant and the landlord has not made the notice required by Subsection (a) available, the landlord shall return the application fee and any application deposit. Jan. 1, 1996. (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. (5) a keyless bolting device and a door viewer on each exterior door of the dwelling. 92.152. HARASSMENT. 322 (H.B. 1198 (S.B. (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) 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, 2007. (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. Acts 1983, 68th Leg., p. 3646, ch. (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. 31.01(71), eff. (B) the agreement for repairs by the tenant is either underlined or printed in boldface in the lease or in a separate written addendum; (C) the agreement is specific and clear; and. 92.331. 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. Sec. 91.002 by Acts 1987, 70th Leg., ch. 92.019. 576, Sec. PROCEDURES FOR NOTICE OR REFUND. 576, Sec. COMPLIANCE WITH TENANT REQUEST REQUIRED WITHIN REASONABLE TIME. A party who prevails in a suit brought under this subsection may recover court costs and reasonable attorney's fees from the other party. 576, Sec. Added by Acts 2021, 87th Leg., R.S., Ch. 165, Sec. A security device that is installed, changed, or rekeyed under this subchapter becomes a fixture of the dwelling. (c) A tenant is not liable for damages suffered by the landlord if the damage is caused by the landlord's failure to repair the smoke alarm within a reasonable time after the tenant requests it to be repaired, considering the availability of material, labor, and utilities. LEASE WITHOUT SECURITY DEPOSIT; REQUIRED NOTICE. Added by Acts 1995, 74th Leg., ch. U.S.C. 1, 3, eff. However, most TENANT'S RIGHT TO SUMMON POLICE OR EMERGENCY ASSISTANCE. 16, eff. Sec. Sec. (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. (f) A tenant's guest or invitee who suffers damage because of a landlord's failure to install, inspect, or repair a smoke alarm as required by this subchapter may recover a judgment against the landlord for the damage. Acts 1983, 68th Leg., p. 3634, ch. Sec. Sec. Jan. 1, 1984. Answer: A reletting or "sublease" charge is an arbitrary number assigned as a value by the landlord to collect for the inconvenience of you making the decision to prematurely exit your lease. January 1, 2010. Sec. 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. A tenant may make an unlimited number of requests under this subsection. 917 (H.B. The device must be: (A) a clear glass pane or one-way mirror; or. Aug. 31, 1987. (b) The landlord shall determine that the smoke alarm is in good working order at the beginning of the tenant's possession by testing the smoke alarm with smoke, by operating the testing button on the smoke alarm, or by following other recommended test procedures of the manufacturer for the particular model. (a) A party who prevails in a suit brought under this subchapter or Subchapter B, E, or F may recover the party's costs of court and reasonable attorney's fees in relation to work reasonably expended. Sept. 1, 1995. Sec. VENUE. 576, Sec. 882), Sec. EFFECT ON OTHER RIGHTS. Acts 1983, 68th Leg., p. 3651, ch. (d) A landlord may not intentionally prevent a tenant from entering the leased premises under Subsection (b)(3) unless: (1) the landlord's right to change the locks because of a tenant's failure to timely pay rent is placed in the lease; (2) the tenant is delinquent in paying all or part of the rent; and. Aug. 28, 1989. Aug. 31, 1987. BURDEN OF PROOF. (8) "Multiunit complex" means two or more dwellings in one or more buildings that are: (B) managed by the same owner, agent, or management company; and. (j) A landlord may not interrupt or cause the interruption of electric service under Subsection (h) of a tenant who, before the interruption date specified in the notice required by Subsection (h)(3), has: (1) established that the interruption will cause a person residing in the tenant's dwelling to become seriously ill or more seriously ill by having a physician, nurse, nurse practitioner, or other similar licensed health care practitioner attending to the person who is or may become ill provide a written statement to the landlord or a representative of the landlord stating that the person will become seriously ill or more seriously ill if the electric service is interrupted; and. DEFINITIONS. 10, eff. 1, eff. (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. (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. 744, Sec. harp funeral notices merthyr tydfil best owb holster for s&w governor texas property code reletting fee. Check your specific lease agreement or renewal for your amount. 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. 1268 (H.B. 1414), Sec. 1186), Sec. 1, eff. (g) A provision of a lease that purports to waive a right or to exempt a party from a liability or duty under this section is void. 3, eff. 92.001. Sec. Sec. (e) A keyless bolting device is not required to be installed at the landlord's expense on an exterior door if: (1) the dwelling is part of a multiunit complex in which the majority of dwelling units are leased to tenants who are over 55 years of age or who have a physical or mental disability; (2) a tenant or occupant in the dwelling is over 55 years of age or has a physical or mental disability; and. September 1, 2019. Sept. 1, 1993; Acts 1999, 76th Leg., ch. (m) This section does not affect the rights of a landlord or tenant in a forcible detainer or forcible entry and detainer action. Jan. 1, 1996. Added by Acts 1995, 74th Leg., ch. (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. Acts 2015, 84th Leg., R.S., Ch. (6) the tenant was not delinquent in the payment of rent at the time any notice required by this subsection was given. Acts 1983, 68th Leg., p. 3630, ch. 683, Sec. 1072 (H.B. Sec. 1, eff. Section 4001 et seq.). (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. Added by Acts 2011, 82nd Leg., R.S., Ch. Sec. If the person disobeyed the writ before receiving the show cause order but has complied with the writ after receiving the order, the justice may find the person in contempt and assess punishment under Section 21.002(c), Government Code. (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. (a) For purposes of this section: (1) "Family violence" has the meaning assigned by Section 71.004, Family Code. (e) Except as provided by Subsection (g), this section does not affect a tenant's liability for delinquent, unpaid rent or other sums owed to the landlord before the lease was terminated by the tenant under this section. 512 (H.B. Jan. 1, 1998. Jan. 1, 1984. January 1, 2016. (2) "Dwelling unit" means a home, mobile home, duplex unit, apartment unit, condominium unit, or any dwelling unit in a multiunit residential structure. Jan. 1, 1996. (b) The affidavit must summarize the reasons for the delay and the diligent efforts made by the landlord up to the date of the affidavit to get the repairs done. NOTICE FOR DWELLING LOCATED IN FLOODPLAIN. 11, eff. Sec. Jan. 1, 1996. June 17, 2005, except Subsec. NOTICE TO TENANT AT PRIMARY RESIDENCE. 357, 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. 1488), Sec. Sec. 3, eff. January 1, 2010. This subchapter does not affect a duty of a landlord or a remedy of a tenant under Subchapter B regarding habitability. 1399), Sec. 4, eff. REMEDIES. (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. Sec. 1, eff. (g) If the landlord is liable to the tenant under Section 92.056 and if a new landlord, in good faith and without knowledge of the tenant's notice of intent to repair, has acquired title to the tenant's dwelling by foreclosure, deed in lieu of foreclosure, or general warranty deed in a bona fide purchase, then the following shall apply: (1) The tenant's right to terminate the lease under this subchapter shall not be affected, and the tenant shall have no duty to give additional notice to the new landlord. (f) Except as provided by Subsection (g), this section does not affect a tenant's liability for delinquent, unpaid rent or other sums owed to the landlord before the lease was terminated by the tenant under this section. 234), Sec. Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1995. (d) A fee in lieu of a security deposit must be: (1) a recurring fee of equivalent amount; and. The landlord shall have the burden of pleading and proving good faith and continued diligence for subsequent affidavits for delay. 744, Sec. (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. 3, eff. The governing body of the municipality may provide additional notice to the property's tenants and owners after receipt of the service disconnection notice under this subsection. Acts 1983, 68th Leg., p. 3648, ch. 869, Sec. 1, eff. (d-1) The notice in Subsection (d)(2) must be in a separate document furnished to the tenant after the landlord has discovered that the tenant has disconnected or damaged the smoke alarm or removed a battery from it. (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.

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