(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. 92.160. This subchapter does not impose obligations on a landlord or tenant other than those expressly stated in this subchapter. (6) "Tenant" means a person who is authorized by a lease to occupy a dwelling to the exclusion of others and, for the purposes of Subchapters D, E, and F, who is obligated under the lease to pay rent. Sec. 17.001(b), eff. Acts 2015, 84th Leg., R.S., Ch. 2, eff. (f) An appeal of a judgment of a justice court under this section takes precedence in county court and may be held at any time after the eighth day after the date the transcript is filed in the county court. Sec. (b) A person may specify in writing in an original lease that the person will guarantee a renewal of the lease only if the original lease states: (1) the last date, as specified by the guarantor, on which the renewal of the lease will renew the obligation of the guarantor; (2) that the guarantor is liable under a renewal of the lease that occurs on or before that date; and. ATTORNEY'S FEES. 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. 2, eff. Examples of RELETTING in a sentence. Jan. 1, 1984. (b) A requirement that a tenant give advance notice of surrender as a condition for refunding the security deposit is effective only if the requirement is underlined or is printed in conspicuous bold print in the lease. Acts 1983, 68th Leg., p. 3653, ch. 92.262. 1, eff. Sec. The landlord shall keep accurate records of all security deposits. Sec. * Quality assurance program Family owned and operated Realistic estimates 100% satisfaction guaranteed The landlord is not liable to repairmen, contractors, or material suppliers who furnish labor or materials to repair or remedy the condition. Added by Acts 2019, 86th Leg., R.S., Ch. Rent, application fees, rent paid in advance, and non-refundable fees . Aug. 28, 1989; Acts 1997, 75th Leg., ch. NOTICE REGARDING VEHICLE TOWING OR PARKING RULES OR POLICIES. (3) after the tenant gives a repair notice to the landlord and after the landlord has had a reasonable time to make repairs, the tenant is entitled only to the remedies under Subsection (d) of this section and Subdivisions (3), (4), and (5) of Subsection (a) of Section 92.0563. Added by Acts 2005, 79th Leg., Ch. (d) The tenant remedies under this section are effective on the date the tenant has notice from the utility company of a future cutoff or notice of an actual cutoff, whichever is sooner. 689, Sec. (a) If a landlord does not comply with Section 92.153 or 92.156(a) regarding installation or rekeying of a security device, the tenant may: (1) install or rekey the security device as required by this subchapter and deduct the reasonable cost of material, labor, taxes, and extra keys from the tenant's next rent payment, in accordance with Section 92.166; (2) serve a written request for compliance on the landlord, and, except as provided by Subsections (b) and (c), if the landlord does not comply on or before the third day after the date the notice is received, unilaterally terminate the lease without court proceedings; (3) file suit against the landlord without serving a request for compliance and obtain a judgment for: (A) a court order directing the landlord to comply, if the tenant is in possession of the dwelling; (D) attorney's fees except in suits for recovery of property damages, personal injuries, or wrongful death; and. (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. 1, eff. (2) a tenant has notified the landlord that the tenant has used the fire extinguisher for a legitimate purpose. (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. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 48, Sec. (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. BURDEN OF PROOF. Texas Property Code Ann. 576, Sec. The tenant has resided in the property for three years with fixed term agreements re-negotiated every six months. (e) A fee collected under this section may be used to purchase insurance coverage for damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease. (g) A landlord and a tenant may mutually agree for the tenant to repair or remedy, at the landlord's expense, any condition of the dwelling regardless of whether it materially affects the health or safety of an ordinary tenant. 221 (H.B. (4) a judgment against the tenant for reasonable attorney's fees. (2) The tenant has given notice to the landlord as required by Section 92.056(b)(1), and, if required, a subsequent notice under Section 92.056(b)(3), and at least one of those notices states that the tenant intends to repair or remedy the condition. Acts 2011, 82nd Leg., R.S., Ch. 629 (S.B. January 1, 2016. (d) For purposes of this section, if a tenant's rent is subsidized in whole or in part by a governmental entity, "one month's rent" means one month's fair market rent. Added by Acts 2007, 80th Leg., R.S., Ch. Sec. 1198 (S.B. Jan. 1, 1996; Acts 1995, 74th Leg., ch. 92.001. The deferred payment plan must allow the tenant to pay the outstanding electric bill in installments that extend beyond the due date of the next electric bill and must provide that the delinquent amount may be paid in equal installments over a period equal to at least three electric service billing cycles. LIABILITY OF CERTAIN GUARANTORS UNDER LEASE. (e) A justice court may not award a judgment under this section, including an order of repair, that exceeds $10,000, excluding interest and costs of court. 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. 1, eff. 92.201. Sept. 1, 1987. January 1, 2014. 1, eff. Amended by Acts 1989, 71st Leg., ch. 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. Sept. 1, 2001. 92.158 and amended 2001, 77th Leg., ch. 92.057(a) and amended by Acts 1995, 74th Leg., ch. (B) does not increase the guarantor's potential financial obligation for rent that existed under the original lease. Acts 2019, 86th Leg., R.S., Ch. (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. Jan. 1, 1996; Acts 1995, 74th Leg., ch. Sometimes, the law can only be enforced in court. 189 (S.B. (4) the tenant has the right to install or rekey a security device required by this subchapter and deduct the reasonable cost from the tenant's next rent payment, as provided by Subsection (a)(1). There is always an early . January 1, 2006. (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. Acts 2013, 83rd Leg., R.S., Ch. A repair bill and receipt may be the same document. Jan. 1, 1984. Jan. 1, 1984. (e) The owner of a dwelling shall reimburse a management company, managing agent, or on-site manager for costs expended by that person in complying with this subchapter. Aug. 26, 1985. Acts 1983, 68th Leg., p. 3637, ch. 92.164. 375), Sec. 1205, Sec. 92.258. (3) For conditions other than those specified in Subdivision (2) of this subsection, if the new landlord acquires title as described in this subsection and has notified the tenant of the name and address of the new landlord or the new landlord's authorized agent and if the tenant has not already contracted for the repair or remedy at the time the tenant is so notified, the tenant must deliver to the new landlord a written notice of intent to repair or remedy the condition, and the new landlord shall have a reasonable time to complete the repair before the tenant may repair or remedy the condition. (c) Regardless of whether the lease contains language complying with the requirements of Subsection (b), the additional time for landlord compliance provided by Subsection (b) does not apply if at the time the tenant served the written request for compliance on the landlord the tenant informed the landlord that an unauthorized entry occurred or was attempted in the tenant's dwelling, 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 a crime of personal violence occurred in the multiunit complex in which the tenant's dwelling is located during the two months preceding the date of the request, unless despite the diligence of the landlord: Sec. If the blank was filled in for the lease at issue, the landlord can probably claim a reletting fee. (2) on the date the tenant terminates the lease or files suit the tenant has not fully paid costs requested by the landlord and authorized by Section 92.162. 17.001(a), eff. Sec. Sept. 1, 1993. 92.103. Sec. 869, Sec. (3) a copy of the settled claim that documents payments made by the insurer to the landlord. (d) A landlord of a tenant who is liable under Subsection (a) may obtain or exercise one or more of the remedies in Subsection (e) if: (1) a lease between the landlord and tenant contains a notice, in underlined or boldfaced print, which states in substance that the tenant must not disconnect or intentionally damage a smoke alarm or remove the battery without immediately replacing it with a working battery and that the tenant may be subject to damages, civil penalties, and attorney's fees under Section 92.2611 of the Property Code for not complying with the notice; and. Redesignated from Property Code Sec. 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. A sheriff or constable may use reasonable force in executing a writ of reentry under this section. Sept. 1, 1997. 92.010. (7) "Landlord" means a dwelling owner, lessor, sublessor, management company, or managing agent, including an on-site manager. In addition to other remedies provided by law, if a landlord retaliates against a tenant under this subchapter, the tenant may recover from the landlord a civil penalty of one month's rent plus $500, actual damages, court costs, and reasonable attorney's fees in an action for recovery of property damages, moving costs, actual expenses, civil penalties, or declaratory or injunctive relief, less any delinquent rents or other sums for which the tenant is liable to the landlord. Acts 1983, 68th Leg., p. 3630, ch. 1, eff. (a) If a landlord has locked a tenant out of leased premises in violation of Section 92.0081, the tenant may recover possession of the premises as provided by this section. Amended by Acts 1993, 73rd Leg., ch. 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. Sec. 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. (C) refund the tenant's security deposit, less lawful deductions, to the person designated under Subdivision (1). FEE IN LIEU OF SECURITY DEPOSIT. (a) Except as provided by Subsection (b), the maximum number of adults that a landlord may allow to occupy a dwelling is three times the number of bedrooms in the dwelling. Acts 1983, 68th Leg., p. 3639, ch. Jan. 1, 1996. The fee for service of a show cause order is the same as that for service of a civil citation. (a) Except as provided by Section 92.107, the landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises. If neither box is checked, you should assume the dwelling is in a 100-year floodplain. The notice must include the following text in both English and Spanish: "Notice to residents of (name and address of nonsubmetered master metered multifamily property): Electric (or gas) service to this property is scheduled for disconnection on (date) because (reason for disconnection).". Cost of the early termination fee (typically 1-2 months or rent) The landlord will officially consider the lease terminated after receipt of the signed notice and early . Prop. 257 (H.B. Added by Acts 2021, 87th Leg., R.S., Ch. 1, eff. January 1, 2010. (b) A tenant who violates this section is presumed to have acted in bad faith. The sample TAA lease for which you provided a link has a blank for a reletting fee. 917 (H.B. Jan. 1, 1996. A waiver under this section does not apply if: (1) the tenant or the tenant's dependent moves into housing owned or occupied by family or relatives of the tenant or the tenant's dependent; or. 1186), Sec. (b) A management company or managing agent who is not the owner of a dwelling and who has not purported to be the owner in the lease has a defense to liability under Sections 92.164 and 92.165 if before the date the tenant is in possession of the dwelling or the date of the tenant's request for installation, repair, replacement, change, or rekeying and before any property damage or personal injury to the tenant, the management company or managing agent: (1) did not have funds of the dwelling owner in its possession or control with which to comply with this subchapter; (2) made written request to the dwelling owner that the owner fund and allow installation, repair, change, replacement, or rekeying of security devices as required under this subchapter and mailed the request, certified mail return receipt requested, to the dwelling owner; and.