If you're "a Continue Reading Pearl York 40 Years of Family Law Practice, now retired. 2, eff. (2) documentation of the stalking from a provider of services described by Subsection (c)(1), (2), or (3) and: (A) a law enforcement incident report or, if a law enforcement incident report is unavailable, another record maintained in the ordinary course of business by a law enforcement agency; and. Sept. 1, 1995. (c) If a security device required by Section 92.153 to be installed on or after January 1, 1995, without necessity of a tenant's request has not been installed by the landlord, the tenant may request the landlord to immediately install it, and the landlord shall immediately install it at the landlord's expense. Acts 2007, 80th Leg., R.S., Ch. Your written termination notice must include payment of the reletting fee listed in paragraph 28 of your lease agreement. However, most Code Ann. AGENT FOR DELIVERY OF NOTICE. January 1, 2014. (a) A tenant is liable according to this subchapter if the tenant removes a battery from a smoke alarm without immediately replacing it with a working battery or knowingly disconnects or intentionally damages a smoke alarm, causing it to malfunction. (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. (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. September 1, 2015. (a) A landlord is liable to a tenant or a governmental body according to this subchapter if: (1) after the tenant or government official or employee makes a request for information under Section 92.201, the landlord does not provide the information; and. (c) If the tenant is a victim or a parent or guardian of a victim of sexual assault under Section 22.011, Penal Code, aggravated sexual assault under Section 22.021, Penal Code, indecency with a child under Section 21.11, Penal Code, sexual performance by a child under Section 43.25, Penal Code, continuous sexual abuse of young child or disabled individual under Section 21.02, Penal Code, or an attempt to commit any of the foregoing offenses under Section 15.01, 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 the assault or abuse, or attempted assault or abuse, of the victim from a licensed health care services provider who examined the victim; (2) documentation of the assault or abuse, or attempted assault or abuse, of the victim from a licensed mental health services provider who examined or evaluated the victim; (3) documentation of the assault or abuse, or attempted assault or abuse, of the victim from an individual authorized under Chapter 420, Government Code, who provided services to the victim; or. Reletting Expenses means such reasonable and necessary costs and expenses incurred by Landlord, incurred to relet the Premises, including without limitation, (1) repairs, alterations and additions in or to the Premises and preparing the Premises for new tenants, (2) altering locks and security devices to the Premises, (3) redecoration, remodeling January 1, 2008. 1168), Sec. LANDLORD'S DUTY TO REPAIR OR REPLACE SECURITY DEVICE. Sec. Amended by Acts 2001, 77th Leg., ch. 1, eff. Amended by Acts 1993, 73rd Leg., ch. Through social Acts 1983, 68th Leg., p. 3632, ch. (4) a smoke alarm powered by alternating current was required by lawful city ordinance at the time of initial construction of the unit. (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. Check your specific lease agreement or renewal for your amount. (B) does not increase the guarantor's potential financial obligation for rent that existed under the original lease. REKEYING OR CHANGE OF SECURITY DEVICES. Acts 1983, 68th Leg., p. 3651, ch. (a) Subject to Subsections (b) and (c), a smoke alarm must be installed according to the manufacturer's recommended procedures. 92.111. 92.202. Sec. (b) Disclosure to a tenant under Subsection (a) must be made by: (1) giving the information in writing to the tenant on or before the seventh day after the day the landlord receives the tenant's request for the information; (2) continuously posting the information in a conspicuous place in the dwelling or the office of the on-site manager or on the outside of the entry door to the office of the on-site manager on or before the seventh day after the date the landlord receives the tenant's request for the information; or. 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. Amended as Sec. Acts 2019, 86th Leg., R.S., Ch. Sometimes, the law can only be enforced in court. A fee may not be applied to a deferred payment plan entered into under this section. 357, Sec. Prop. 9, eff. Acts 1983, 68th Leg., p. 3639, ch. 4, eff. 689, Sec. Jan. 1, 1996. (2) enter the payment date and amount in a record book maintained by the landlord. Amended by Acts 1993, 73rd Leg., ch. (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. 942, Sec. (ii) the interior of the unit provides access for building wiring through an attic, crawl space, or basement without the removal of interior walls or ceiling finishes; (2) an addition occurs to the unit at a projected cost of more than $5,000; (3) a smoke alarm powered by alternating current was actually installed in the unit at any time prior to September 1, 1987; or. Most tenant insurance policies do not cover damages or loss incurred in a flood. 650, Sec. (k) A landlord may not change the locks on the door of a tenant's dwelling under Subsection (b)(3): (1) when the tenant or any other legal occupant is in the dwelling; or. (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. (c) A reasonable time for purposes of Subsections (a) and (b) is presumed to be not later than 72 hours after the time of receipt of the tenant's request and any required advance payment if at the time of making the request the tenant informed the landlord that: (1) an unauthorized entry occurred or was attempted in the tenant's dwelling; (2) an unauthorized entry occurred or was attempted in another unit in the multiunit complex in which the tenant's dwelling is located during the two months preceding the date of the request; or. (2) the landlord fails to correct the information on or before the seventh day after the date the tenant gives the landlord written notice that the tenant may exercise the remedies under this subchapter if the corrected information is not provided within seven days. 6, eff. You are obligated to pay whatever the move out notice indicates, which you signed and, apparently, agreed to, for each and every month until the apartment is rented to a new tenant or until the date your lease expires, whichever comes first. * Quality assurance program Family owned and operated Realistic estimates 100% satisfaction guaranteed Sept. 1, 1995. 92.025. Acts 2005, 79th Leg., Ch. January 1, 2014. 1, eff. Jan. 1, 1984. (g) A lease must contain language in underlined or bold print that informs the tenant of the remedies available under this section and Section 92.0561. 399), Sec. (d) A landlord may rebut the presumption provided by Subsection (a) or (b) if despite the diligence of the landlord: (1) the landlord did not know of the tenant's request, without the fault of the landlord; (2) materials, labor, or utilities were unavailable; or. 3, eff. OBLIGATION TO REFUND. 1488), Sec. 3101), Sec. Rent delinquency is not a defense for a violation of Section 92.204. Added by Acts 2013, 83rd Leg., R.S., Ch. (4) The tenant's judicial remedies under Section 92.0563 shall be limited to recovery against the landlord to whom the tenant gave the required notices until the tenant has given the new landlord the notices required by this section and otherwise complied with Section 92.056 as to the new landlord. 48, Sec. NOTICE REGARDING VEHICLE TOWING OR PARKING RULES OR POLICIES. Sept. 1, 2001. Understanding the Law Texas Homes Realty & Management_ 633 E. Fernhurst Dr., Suite 701, Katy, TX 77450 (281) 646-9929 Office (281) 667-3247 Fax www.texashomesrealty.com (a) A landlord has a duty to mitigate damages if a tenant abandons the leased premises in violation of the lease. 1, eff. Sept. 1, 1993. 3, eff. (2) date the landlord accepts an application deposit if the landlord does not furnish the applicant an application form. Sec. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. REMOVAL OR ALTERATION OF SECURITY DEVICE BY TENANT. (6) unilateral termination of the lease without a court proceeding if the landlord violates Section 92.259(a)(2). Sec. Amended by Acts 1989, 71st Leg., ch. Added by Acts 1995, 74th Leg., ch. (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. Renumbered from Sec. Unless the landlord and tenant agree otherwise under Subsection (g) of this section, repairs may not be made by the tenant, the tenant's immediate family, the tenant's employer or employees, or a company in which the tenant has an ownership interest. Sept. 1, 1993; Acts 1995, 74th Leg., ch. You signed a contract for a year so you are responsible for rent for the entire year. TENANT REMEDIES FOR OTHER LANDLORD VIOLATIONS. Sept. 1, 1987. (13) "Sliding door pin lock" means a lock on a sliding glass door that consists of a pin or nail inserted from the interior side of the door at the side opposite the door's handle and that is designed to prevent the door from being opened or lifted. (d) This section does not release a guarantor from the obligations of the guarantor under the terms of the original lease or a valid renewal for costs and damages owed to the lessor that arise after the date specified by the guarantor in the original lease in accordance with Subsection (b), if the costs or damages relate to actions of the tenant before that date or arise as a result of the tenant refusing to vacate the leased premises. A management company, managing agent, or on-site manager may reimburse itself for the costs from the owner's funds in its possession or control. September 1, 2011. 5, eff. 4, eff. (e) If a tenant, after being furnished with a copy of this subchapter, knowingly violates Subsection (a), the landlord shall have no responsibility after the tenant's death for removal, storage, disappearance, damage, or disposition of property in the tenant's leased premises. 92.160. (e) Except as provided in Subsection (f), a tenant to whom a landlord is liable under Subsection (b) of this section may: (2) have the condition repaired or remedied according to Section 92.0561; (3) deduct from the tenant's rent, without necessity of judicial action, the cost of the repair or remedy according to Section 92.0561; and. Added by Acts 1995, 74th Leg., ch. (d) Repairs under this section may be made only if all of the following requirements are met: (1) The landlord has a duty to repair or remedy the condition under Section 92.052, and the duty has not been waived in a written lease by the tenant under Subsection (e) or (f) of Section 92.006. The reletting fee (not a "relenting fee") is a sum you pay to the landlord to cover the expenses incurred in reletting your apartment in the event you break your lease and move out before. Aug. 26, 1985. (e) If the requirements of Subsection (d) of this section are met, a tenant may: (1) have the condition repaired or remedied immediately following the tenant's notice of intent to repair if the condition involves sewage or flooding as referred to in Paragraph (A) of Subdivision (3) of Subsection (d) of this section; (2) have the condition repaired or remedied if the condition involves a cessation of potable water as referred to in Paragraph (A) of Subdivision (3) of Subsection (d) of this section and if the landlord has failed to repair or remedy the condition within three days following the tenant's delivery of notice of intent to repair; (3) have the condition repaired or remedied if the condition involves inadequate heat or cooled air as referred to in Paragraph (C) of Subdivision (3) of Subsection (d) of this section and if the landlord has failed to repair the condition within three days after delivery of the tenant's notice of intent to repair; or. Added by Acts 2011, 82nd Leg., R.S., Ch. 91.006 - This regulation works in your favor. 92.0132. 409 (H.B. 4, eff. 2404), Sec. (a) A monthly tenancy or a tenancy from month to month may be terminated by the tenant or the landlord giving notice of termination to the other. Most commonly, an early termination fee is two months' rent. 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. Paying out-of-pocket - Lease agreements often include penalties and fees for breaking a lease. 3, eff. 92.155. 918, Sec. (6) "Required date" means the required date for any acceptance of the applicant under Section 92.352. If you do not meet the selection criteria, or if you provide inaccurate or incomplete information, your application may be rejected and your application fee will not be refunded.". 1, eff. (6) the tenant was not delinquent in the payment of rent at the time any notice required by this subsection was given. Added by Acts 1989, 71st Leg., ch. 1, eff. September 1, 2007. (a) A landlord may not require a tenant to pay for repair or replacement of a security device due to normal wear and tear. Amended by Acts 1989, 71st Leg., ch. Sec. 92.1641. 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. Added by Acts 2015, 84th Leg., R.S., Ch. 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. (h) A landlord who violates this section is liable to the tenant for actual damages, a civil penalty in an amount equal to the amount of one month's rent plus $500, and attorney's fees. (a) A landlord is liable according to this subchapter if: (1) the landlord did not install a smoke alarm at the time of initial occupancy by the tenant as required by this subchapter or a municipal ordinance permitted by this subchapter; or. 1268 (H.B. 869, Sec. 92.056. 650, Sec. (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. Except as otherwise provided by this chapter, in this chapter: (1) "Dwelling" means one or more rooms rented for use as a permanent residence under a single lease to one or more tenants. DUTY TO REPAIR OR REPLACE. (d) The tenant's notice under Subsection (a) must be in writing only if the tenant's lease is in writing and requires written notice. Sec. Sec. (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. Sec. Sec. (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. Aug. 28, 1989. Sec. (d) A fee in lieu of a security deposit must be: (1) a recurring fee of equivalent amount; and. (d) A landlord to whom Subsection (a) does not apply must provide to a tenant a telephone number for the purpose of reporting emergencies described by that subsection. The fee for service of a show cause order is the same as that for service of a civil citation. 3) You must continue paying rent each month on the first, until a replacement tenant is found and starts paying rent for you. LIABILITY FOR WITHHOLDING LAST MONTH'S RENT. 3, eff. 2, eff. DEFINITIONS. (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. APPLICATION OF SUBCHAPTER. Acts 2021, 87th Leg., R.S., Ch. Sec. 92.0191. 1, eff. January 1, 2010. If the justice finds, after considering the evidence at the hearing, that the person has directly or indirectly disobeyed the writ, the justice may commit the person to jail without bail until the person purges the contempt action or omission in a manner and form as the justice may direct. In this subchapter: (1) "Bedroom" means a room designed with the intent that it be used for sleeping purposes. 683, Sec. Sec. 917 (H.B. 1367), Sec. (h) A security device required by this section must be operable throughout the time a tenant is in possession of a dwelling. 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 notice and other communications required or permitted by this subchapter. 1, eff. 13, eff. Need actual paragraphs is Property Code 92 (?) Sept. 1, 1993. A repairman or supplier shall not have a lien for materials or services arising out of repairs contracted for by the tenant under this section. 2, eff. (b) The landlord may not retain any portion of a security deposit to cover normal wear and tear. (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. 200, Sec. This was expected because the tenant kept the property manager well informed throughout the process. 92.153. (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. January 1, 2008. Amended by Acts 2003, 78th Leg., ch. (i) The tenant shall not have authority to contract for labor or materials in excess of what the tenant may deduct under this section. (d) Subsections (a) and (b) apply only when a tenant is in possession of a dwelling.
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