689, Sec. Jan. 1, 1998. 17.001(64), eff. 576, Sec. 92.260. 14, eff. Added by Acts 2007, 80th Leg., R.S., Ch. (d) A provision of a lease that purports to waive a right or exempt a party from a liability or duty under this section is void. 234), Sec. (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. (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. January 1, 2014. (e) The landlord has met the duty to inspect and repair if the smoke alarm is in good working order after the landlord tests the smoke alarm with smoke, operates the testing button on the smoke alarm, or follows other recommended test procedures of the manufacturer for the particular model. Amended by Acts 1993, 73rd Leg., ch. (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. 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. 2404), Sec. Texas Property Code Section 53.156 - Costs and Attorney's Fees Texas Statutes Prop. REMEDIES. (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. (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. (d) The writ of reentry must be served on either the landlord or the landlord's management company, on-premises manager, or rent collector in the same manner as a writ of possession in a forcible detainer action. (c) The justice, county, and district courts have concurrent jurisdiction in an action under Subsection (a). 16, eff. Jan. 1, 1984. 348 (S.B. 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. https://texas.public.law/statutes/tex._prop._code_section_92.019. (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. a new child or a job transfer) that requires you to find new housing. APPLICATION OF OTHER LAW; MUNICIPAL REGULATION. A waiver under this section must be signed and in writing in a document separate from the lease and must comply with federal law. 92.201. RETENTION OF SECURITY DEPOSIT; ACCOUNTING. (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. The written notice must include the customer's contact information and the tenant's remedies under Section 92.301. 357, Sec. Amended by Acts 1995, 74th Leg., ch. 938, Sec. SUBCHAPTER F. SMOKE ALARMS AND FIRE EXTINGUISHERS. 5, eff. Acts 1983, 68th Leg., p. 3653, ch. 1, eff. (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. 126, Sec. 1439, Sec. 92.024. Acts 2015, 84th Leg., R.S., Ch. (d) The writ of restoration of utility service must be served on either the landlord or the landlord's management company, on-premises manager, or rent collector in the same manner as a writ of possession in a forcible detainer suit. Acts 2009, 81st Leg., R.S., 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. (3) changing the door locks on the door to the tenant's individual unit of a tenant who is delinquent in paying at least part of the rent. So you may not have to pay much, if any additional rent, if you break your lease. Under Texas law, a landlord has an obligation to mitigate damages. 869, Sec. 83), Sec. September 1, 2017. 1112 (H.B. 2404), Sec. For purposes of this subsection, a pay stub or other statement of earnings issued by the tenant's employer is sufficient verification. 5, eff. Aug. 31, 1987. 744, Sec. 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. Acts 2013, 83rd Leg., R.S., Ch. TEXAS ATTORNEY ONLYwith current bar passed and licensed.What are limitations surrounding Reletting Fees? 92.003. January 1, 2010. 1, eff. 92.334. 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. 92.257. 5, eff. (f) The landlord is not obligated to provide batteries for a battery-operated smoke alarm after a tenant takes possession if the smoke alarm was in good working order at the time the tenant took possession. Sept. 1, 1993. 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. 1, eff. (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. Acts 1983, 68th Leg., p. 3639, ch. A reasonable time for purposes of this subsection is presumed to be not later than the seventh day after the date a tenant's advance payment is received by the landlord, except as provided by Subsection (c). This clause allows tenants to terminate the lease early if they follow the early termination rules. 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. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Aug. 26, 1985. Added by Acts 1999, 76th Leg., ch. Sec. Aug. 28, 1995. 1205, Sec. January 1, 2008. Jan. 1, 1996. (b-1) A tenant may obtain relief under Subsection (b) if the tenant provides the landlord or the landlord's agent: (1) a copy of one or more of the following orders protecting the tenant or an occupant from family violence: (A) a temporary injunction issued under Subchapter F, Chapter 6, Family Code; (B) a temporary ex parte order issued under Chapter 83, Family Code; (C) a protective order issued under Chapter 85, Family Code; or, (D) an order of emergency protection under Article 17.292, Code of Criminal Procedure; or. (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. However, the landlord's duty to repair or remedy conditions covered by this subchapter may not be waived except as provided by Subsection (e) or (f) of Section 92.006. (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. 918, Sec. $3 fee for the first page and $2 for each succeeding page (Texas Local Government Code, Section 118.011). 92.204. (4) a judgment against the landlord for court costs and attorney's fees. A reletting rental arrangement is a fresh contractual relationship between the community and the person renting out your former apartment, completely separate from the rental agreement you signed. (c) For purposes of Subsection (b)(4) or (5), a landlord is considered to have received the tenant's notice when the landlord or the landlord's agent or employee has actually received the notice or when the United States Postal Service has attempted to deliver the notice to the landlord. (c) A tenant who terminates a lease under Subsection (b) shall deliver to the landlord or landlord's agent: (1) a written notice of termination of the lease; and. (2) may not use a prospective tenant's choice to pay a fee in lieu of a security deposit or a security deposit as a criterion in the determination of whether to approve an application for occupancy. Jan. 1, 1984. TENANT'S REMEDY ON NOTICE FROM MANAGEMENT COMPANY. (b) The tenant does not forfeit the right to a refund of the security deposit or the right to receive a description of damages and charges merely for failing to give a forwarding address to the landlord. (B) 48 inches from the floor, if installed on or after September 1, 1993. TENANT REMEDIES FOR LANDLORD'S FAILURE TO INSTALL OR REKEY CERTAIN SECURITY DEVICES. Amended by Acts 1995, 74th Leg., ch. 31.01(71), eff. 23.011, eff. 588 (S.B. Your written termination notice must include payment of the reletting fee listed in paragraph 28 of your lease agreement. 92.104. 92.0561. 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. 92.005. (2) "Door viewer" means a permanently installed device in an exterior door that allows a person inside the dwelling to view a person outside the door. (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. 3, eff. Sec. (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. The fee for service of a show cause order is the same as that for service of a civil citation. Oral notices of change are insufficient. (e) A landlord who violates this section is liable to the tenant for actual damages, a civil penalty equal in amount to the amount of one month's rent plus $500, and attorney's fees. (3) not later than the third day after the date of receipt of the tenant's request, provided the tenant with a written notice: (A) stating that the management company or managing agent has taken the actions in Subdivisions (1) and (2); (B) stating that the owner has not provided or will not provide the necessary funds; and. Answered on 9/10/03, 6:42 pm. 1, eff. (2) within a reasonable time after receiving a written request by a tenant. LANDLORD'S DEFENSES. An owner of real property who files a notice of appeal of a judgment of a justice court to the county court perfects the owner's appeal and stays the effect of the judgment without the necessity of posting an appeal bond. CASUALTY LOSS. (b) A tenant who is a servicemember or a dependent of a servicemember may vacate the dwelling leased by the tenant and avoid liability for future rent and all other sums due under the lease for terminating the lease and vacating the dwelling before the end of the lease term if: (1) the lease was executed by or on behalf of a person who, after executing the lease or during the term of the lease, enters military service; or.
