texas property code reletting fee texas property code reletting fee

(e) A landlord and a tenant may agree for the tenant to repair or remedy, at the tenant's expense, any condition covered by Subchapter B if all of the following conditions are met: (1) at the beginning of the lease term the landlord owns only one rental dwelling; (2) at the beginning of the lease term the dwelling is free from any condition which would materially affect the physical health or safety of an ordinary tenant; (3) at the beginning of the lease term the landlord has no reason to believe that any condition described in Subdivision (2) of this subsection is likely to occur or recur during the tenant's lease term or during a renewal or extension; and. The tenant must also state orally under oath to the justice the facts of the alleged unlawful utility disconnection. 5, eff. Sept. 1, 1997. Sec. (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. (c) If the property is located in a municipality, the customer shall provide the same notice described by Subsection (b) to the governing body of that municipality by certified mail. 1, eff. 48, Sec. (4) "French doors" means a set of two exterior doors in which each door is hinged and abuts the other door when closed. 200, Sec. Amended by Acts 1993, 73rd Leg., ch. Sec. 0 attorneys agreed. (a) A managing or leasing agent, whether residing or maintaining an office on-site or off-site, is the agent of the landlord for purposes of: (1) notice and other communications required or permitted by this subchapter; (2) notice and other communications from a governmental body relating to a violation of health, sanitation, safety, or nuisance laws on the landlord's property where the dwelling is located, including notices of: (D) reimbursement of costs incurred by the governmental body in curing the violation; (b) If the landlord's name and business street address in this state have not been furnished in writing to the tenant or government official or employee, the person who collects the rent from a tenant is the landlord's authorized agent for purposes of Subsection (a). 869, Sec. Sec. 91.002 by Acts 1987, 70th Leg., ch. 1112, Sec. 92.103. 1, eff. January 1, 2020. Acts 1983, 68th Leg., p. 3632, ch. 576, 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. (B) 48 inches from the floor, if installed on or after September 1, 1993. 650, Sec. Landlords who violate these rules could end up owing the tenant $100, three times the amount of the late fee that was wrongfully collected, and the tenant's attorneys' fees. Aug. 31, 1987. (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. Aug. 28, 1989. (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. September 1, 2011. Jan. 1, 1984. (d) In a written lease or other agreement, a landlord and a tenant may agree to a procedure different than the procedure in this section for removing, storing, or disposing of property in the leased premises of a deceased tenant. Sept. 1, 1993; Acts 1999, 76th Leg., ch. 4, eff. This is also known as assignment of the lease to a new party. 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. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 92.353. WAIVER OR EXPANSION OF DUTIES AND REMEDIES. 1112 (H.B. (3) "Exterior door" means a door providing access from a dwelling interior to the exterior. 1112, Sec. This subchapter does not impose obligations on a landlord or tenant other than those expressly stated in this subchapter. Aug. 31, 1987. January 1, 2010. 92.354. 1, eff. If the landlord's employees perform the work, the charge may include a reasonable amount for overhead but may not include a profit to the landlord. (a) For purposes of this section: (1) "Family violence" has the meaning assigned by Section 71.004, Family Code. 10, eff. (1) "Adult" means an individual 18 years of age or older. This fee is meant to compensate the rental owners for the costs of releasing the unit. (e) If a tenant vacates the premises in breach of a written lease, the landlord may deduct from the tenant's security deposit the reasonable cost incurred by the landlord to rekey a security device as required by this section only if the lease includes a provision that is underlined or printed in boldface type authorizing the deduction. 1, eff. 332, Sec. Acts 2011, 82nd Leg., R.S., Ch. (c) If the date of required notice of acceptance or required refund of an application deposit is a Saturday, Sunday, or state or federal holiday, the required date shall be extended to the end of the next day following the Saturday, Sunday, or holiday. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 9, eff. 1276, Sec. (d) If a landlord knows that flooding has damaged any portion of a dwelling at least once during the five-year period immediately preceding the effective date of the lease, the landlord shall provide a written notice to a tenant that is substantially equivalent to the following: "(Landlord) ( ) is or ( ) is not aware that the dwelling you are renting has flooded at least once within the last five years.". (f) For the purposes of this section, an owner or property manager may disclose either an actual name or names or an assumed name if an assumed name certificate has been recorded with the county clerk. Sec. (2) the fee is used to purchase insurance coverage for damages and unpaid rent for which the tenant is legally liable under the lease or as a result of breaching the lease. (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. 917 (H.B. 4, eff. 1420, Sec. A landlord has a defense to liability under Section 92.202 or 92.203 if the tenant owes rent on the date the tenant gives a notice required by either of those sections. 4, eff. 4, eff. January 1, 2008. (b) A smoke alarm must be installed on a ceiling or wall. (a) This subchapter does not apply to: (1) a room in a hotel, motel, or inn or to similar transient housing; (2) residential housing owned or operated by a public or private college or university accredited by a recognized accrediting agency as defined under Section 61.003, Education Code; (3) residential housing operated by preparatory schools accredited by the Texas Education Agency, a regional accrediting agency, or any accrediting agency recognized by the commissioner of education; or. (4) establishes, attempts to establish, or participates in a tenant organization. 588 (S.B. If you move out before your lease is up, your landlord may subtract a reletting fee from your security deposit. (j) 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. SMOKE ALARM. 21.001(97), eff. A managing agent or an agent to whom rent is regularly paid, whether residing or maintaining an office on-site or off-site, is the agent of the landlord for purposes of notice and other communications required or permitted by this subchapter. If a violation (s) is identified at the time of the City's comprehensive inspection, a follow-up inspection will be required. 92.259. (5) "Landlord" means a prospective landlord to whom a person makes application for rental of a dwelling. 1198 (S.B. Acts 1983, 68th Leg., p. 3651, ch. (h) If a writ of possession is issued, it supersedes a writ of reentry. Aug. 28, 1989. The tenant has the burden of proving that the misuse or damage was caused by another party. 92.166. (2) the person against whom the action is filed knew or should have known of the conviction or adjudication. (a) Before returning a security deposit, the landlord may deduct from the deposit damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease. 1, eff. 5, eff. For purposes of this subsection, a pay stub or other statement of earnings issued by the tenant's employer is sufficient verification. 92.152. The copy of the rules or policies must be: (2) included in a lease agreement signed by the tenant; or. The landlord has the burden of proving that the tenant received a copy of the rule or policy change. The written notice must include the customer's contact information and the tenant's remedies under Section 92.301. (b) A tenant who violates this section is presumed to have acted in bad faith. (k) If the landlord repairs or remedies the condition or delivers an affidavit for delay under Section 92.0562 to the tenant after the tenant has contacted a repairman but before the repairman commences work, the landlord shall be liable for the cost incurred by the tenant for the repairman's trip charge, and the tenant may deduct the charge from the tenant's rent as if it were a repair cost. (d) A fee in lieu of a security deposit must be: (1) a recurring fee of equivalent amount; and. NOTICE OF RULE OR POLICY CHANGE AFFECTING TENANT'S PERSONAL PROPERTY. (2) impose monetary or other penalties on a tenant who summons police or emergency assistance if the assistance was requested or dispatched based on the tenant's reasonable belief that an individual was in need of intervention or emergency assistance. 92.262. (3) in other locations controlled by the landlord as necessary to: (A) enter or exit the tenant's rental unit; (B) enter or exit the leased premises; or. Jan. 1, 1996. (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. (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. (b) Except as provided by Section 92.255(b), a smoke alarm may be powered by battery, alternating current, or other power source as required by local ordinance. A landlord may not charge the tenant a fee that is more than the reasonable cost of obtaining and administering the insurance purchased under this subsection. (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. Sec. Ask Your Own Real Estate Law Question 91.006 supports reletting fees by charging an assessment. (a) The landlord shall repair or replace a fire extinguisher at the landlord's expense if: (1) on inspection, the fire extinguisher is found: (B) not to have the correct pressure indicated on the gauge or pressure indicator as recommended by the manufacturer of the fire extinguisher; or. Amended by Acts 1989, 71st Leg., ch. Aug. 26, 1985. 92.151. This clause allows tenants to terminate the lease early if they follow the early termination rules. 1268 (H.B. (b) If the landlord does not provide a written explanation for delay in performing a duty to repair or remedy on or before the fifth day after receiving from the tenant a written demand for an explanation, the landlord has the burden of proving that he made a diligent effort to repair and that a reasonable time for repair did not elapse. STATEMENT OF LATE FEES. http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.92.htm#92.019 1, eff. 650, Sec. 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. A reconnection fee may not be applied unless agreed to by the tenant in a written lease that states the exact dollar amount of the reconnection fee. Except as otherwise required by this subchapter, a landlord may select the type, brand, and manner of installation, including placement, of a security device installed under this subchapter. NOTICE REGARDING VEHICLE TOWING OR PARKING RULES OR POLICIES. 917 (H.B. The landlord is not required to give the tenant a description and itemized list of deductions if: (1) the tenant owes rent when he surrenders possession of the premises; and. 3, eff. (h) Repairs made pursuant to the tenant's notice must be made in compliance with applicable building codes, including a building permit when required. (2) a servicemember, while in military service, executes the lease and after executing the lease receives military orders: (A) for a permanent change of station; or. Additionally, a landlord may charge more than the maximum to recover costs, expenses, or overhead associated with collecting the late payment. The customer must provide the notice by mail to the tenant's or owner's preferred mailing address or hand deliver the notice to the tenant or owner. (b) A keyed dead bolt or a keyless bolting device described in Section 92.151(6)(A) or (B) in a dwelling must: (1) have a strike plate screwed into the portion of the doorjamb surface that faces the edge of the door when the door is closed; or. Added by Acts 2009, 81st Leg., R.S., Ch. (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. (c) A tenant or a governmental entity or civic association acting on the tenant's behalf may file suit against a landlord to enjoin a violation of this section. January 1, 2008. Acts 2011, 82nd Leg., R.S., Ch. Sec. 17.001(b), eff. Added by Acts 1993, 73rd Leg., ch. Amended as Sec. The Texas Property Code, 92.101 - 92.109, protects the right of renters regarding their security deposit. Added by Acts 1999, 76th Leg., ch. (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. Added by Acts 2013, 83rd Leg., R.S., Ch. (f) Repairs made pursuant to the tenant's notice must be made by a company, contractor, or repairman listed in the yellow or business pages of the telephone directory or in the classified advertising section of a newspaper of the local city, county, or adjacent county at the time of the tenant's notice of intent to repair. (3) a delay was caused by circumstances beyond the landlord's control, including the illness or death of the landlord or a member of the landlord's immediate family. Court costs may be waived only if the tenant executes a pauper's affidavit. INSPECTION AND REPAIR. TENANT REMEDIES FOR LANDLORD'S FAILURE TO INSTALL OR REKEY CERTAIN SECURITY DEVICES. Sept. 1, 1999. (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. (C) designed to prevent the door from being opened. (k) If a tenant has established, in accordance with Subsection (j), the circumstances necessary to avoid electric service interruption under that subsection, the landlord may not interrupt or cause the interruption of the tenant's electric service under Subsection (h) before: (1) the 63rd day after the date those circumstances are established; or. (g) Except as provided by Subsection (h), a fee collected under this section is a security deposit for purposes of this chapter. (l) This section does not affect the ability of a landlord to pursue other available remedies, including the remedies provided by Chapter 24. Aug. 28, 1995. Aug. 28, 1989. (a) In this section, "governmental entity" means the state, an agency of the state, or a political subdivision of the state. (b) A landlord who receives a cash rental payment shall: (1) provide the tenant with a written receipt; and. Sept. 1, 1997. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 1, eff. 1168), Sec. TENANT'S REMEDY ON NOTICE FROM MANAGEMENT COMPANY. Added by Acts 2007, 80th Leg., R.S., Ch. 92.335. (i) For purposes of Subsections (c) and (c-1), a tenant who is a parent or guardian of a victim described by those subsections must reside with the victim to exercise the rights established by this section. June 17, 2005, except Subsec. 83), Sec. 650, Sec. (h) Subject to Subsections (i), (j), (k), (m), and (o), a landlord who submeters electricity or allocates or prorates nonsubmetered master metered electricity may interrupt or cause the interruption of electric service for nonpayment by the tenant of an electric bill issued to the tenant if: (1) the landlord's right to interrupt electric service is provided by a written lease entered into by the tenant; (2) the tenant's electric bill is not paid on or before the 12th day after the date the electric bill is issued; (3) advance written notice of the proposed interruption is delivered to the tenant by mail or hand delivery separately from any other written content that: (A) prominently displays the words "electricity termination notice" or similar language underlined or in bold; (i) the date on which the electric service will be interrupted; (ii) a location where the tenant may go during the landlord's normal business hours to make arrangements to pay the bill to avoid interruption of electric service; (iii) the amount that must be paid to avoid interruption of electric service; (iv) a statement providing that when the tenant makes a payment to avoid interruption of electric service, the landlord may not apply that payment to rent or other amounts owed under the lease; (v) a statement providing that the landlord may not evict a tenant for failure to pay an electric bill when the landlord has interrupted the tenant's electric service unless the tenant fails to pay for the electric service after the electric service has been interrupted for at least two days, not including weekends or state or federal holidays; and, (vi) a description of the tenant's rights under Subsection (j) to avoid interruption of electric service if the interruption will cause a person residing in the tenant's dwelling to become seriously ill or more seriously ill; and, (C) is delivered not earlier than the first day after the bill is past due or later than the fifth day before the interruption date stated in the notice; and. 3, eff. 576, Sec. (d) Termination of a lease under this section is effective: (1) in the case of a lease that provides for monthly payment of rent, on the 30th day after the first date on which the next rental payment is due after the date on which the notice under Subsection (c)(1) is delivered; or. 1, eff. (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. 869, Sec. 1, eff. 650, Sec. If a municipality or a county revokes a certificate of occupancy for a leased premises because of the landlord's failure to maintain the premises, the landlord is liable to a tenant who is not in default under the lease for: (1) the full amount of the tenant's security deposit; (2) the pro rata portion of any rental payment the tenant has paid in advance; (3) the tenant's actual damages, including any moving costs, utility connection fees, storage fees, and lost wages; and. (a) A landlord may not collect from a tenant a late fee for failing to pay any portion of the tenant's rent unless: (1) notice of the fee is included in a written lease; (3) any portion of the tenant's rent has remained unpaid two full days after the date the rent was originally due. Jan. 1, 1996. 92.056. Sec. 92.007. Sept. 1, 1989. Court costs may be waived only if the tenant executes a pauper's affidavit. The bar or tube must be capable of being secured to both of the screw hooks and must be permanently attached in some way to the door frame stud or wall stud. 92.3515. (j) When deducting the cost of repairs from the rent payment, the tenant shall furnish the landlord, along with payment of the balance of the rent, a copy of the repair bill and the receipt for its payment. Acts 1983, 68th Leg., p. 3650, ch. 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. Aug. 28, 1989. (d) Subsections (a) and (b) apply only when a tenant is in possession of a dwelling. 5, eff. AGENT FOR DELIVERY OF NOTICE. LANDLORD 'S FAILURE TO DISCLOSE INFORMATION. 1, eff. 1, eff. January 1, 2008. Sept. 1, 1993. (d) If there is more than one tenant on a lease, the landlord is not required under this section to send notices to the primary residence of more than one tenant. 1399), Sec. (d) The acknowledgment may be part of the rental application if the notice is underlined or in bold print. 2404), Sec. DEFINITIONS. (a) A tenant of a landlord who is liable under Section 92.202, 92.203, or 92.204 may obtain or exercise one or more of the following remedies: (1) a court order directing the landlord to make a disclosure required by this subchapter; (2) a judgment against the landlord for an amount equal to the tenant's actual costs in discovering the information required to be disclosed by this subchapter; (3) a judgment against the landlord for one month's rent plus $100; (4) a judgment against the landlord for court costs and attorney's fees; and. Sept. 1, 1997. 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. (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. Section 92.019 Late Payment of Rent; Fees, 4, eff. 576, Sec. Jan. 1, 1996; Acts 1995, 74th Leg., ch. Sec. 5, eff. Sept. 1, 1999. 177), Sec. (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. (c) Notwithstanding Subsection (b), a landlord is not required to disclose on the notice that the landlord is aware that a dwelling is located in a 100-year floodplain if the elevation of the dwelling is raised above the 100-year floodplain flood levels in accordance with federal regulations. 337 (H.B. (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.