(f) A landlord who violates Subsection (b), (c), (d), or (e) is liable for a civil penalty in the amount of $100 plus any towing or storage costs that the tenant incurs as a result of the towing of the tenant's vehicle. Sec. Landlord's Responsibility to Re-rent in Texas According to Tex. September 1, 2011. 650, Sec. (e) If a tenant is liable under Subsection (a) and the tenant does not comply with the landlord's notice under Subsection (d), the landlord shall have the following remedies against the tenant: (1) a court order directing the tenant to comply with the landlord's notice; (2) a judgment against the tenant for a civil penalty of one month's rent plus $100; (3) a judgment against the tenant for court costs; and. 92.160. Misuse of or damage to a security device that occurs during the tenant's occupancy is presumed to be caused by the tenant, a family member, an occupant, or a guest. 1, eff. 650, 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. You should seek insurance coverage that would cover losses caused by a flood.". If you break the lease, you are responsible for the re-letting fee plus rent until the apartment is re-let. January 1, 2016. 1, eff. (2) the landlord secures a replacement tenant satisfactory to the landlord and the replacement tenant occupies the dwelling on or before the commencement date of the lease. 2, eff. 92.352. FEE IN LIEU OF SECURITY DEPOSIT. 8, eff. 92.054. A landlord who violates this section shall be liable to the tenant for all judicial remedies under Section 92.0563 except that the civil penalty under Subdivision (3) of Subsection (a) of Section 92.0563 shall be one month's rent plus $1,000. Sec. Re: Reletting Charge. Sept. 1, 1997. (2) payable at the time each rent payment is due during the lease. (3) the representative signs an inventory of the removed property, if required by the landlord or the landlord's agent. (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. https://texas.public.law/statutes/tex._prop._code_section_92.019. (i) the date the electric service has been interrupted; (ii) a location where the tenant may go during the landlord's normal business hours to make arrangements to pay the bill to reestablish interrupted electric service; (iii) the amount that must be paid to reestablish electric service; (iv) a statement providing that when the tenant makes a payment to reestablish electric service, a landlord may not apply that payment to rent or other amounts owed under the lease; (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. (i) Unless a dangerous condition exists or the tenant requests disconnection, a landlord may not interrupt or cause the interruption of electric service under Subsection (h) on a day: (1) on which the landlord or a representative of the landlord is not available to collect electric bill payments and reestablish electric service; (2) that immediately precedes a day described by Subdivision (1); or, (A) the previous day's highest temperature did not exceed 32 degrees Fahrenheit and the temperature is predicted to remain at or below that level for the next 24 hours according to the nearest National Weather Service reports; or. Rent delinquency is not a defense for a violation of Section 92.204. Venue for an action under this chapter is governed by Section 15.0115, Civil Practice and Remedies Code. (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). (5-a) "Rental application" means a written request made by an applicant to a landlord to lease premises from the landlord. (i) Except as provided by Subsection (j), a tenant's right to terminate a lease before the end of the lease term, vacate the dwelling, and avoid liability under this section may not be waived by a tenant. 1, eff. NOTICE OF UTILITY DISCONNECTION OF NONSUBMETERED MASTER METERED MULTIFAMILY PROPERTY TO MUNICIPALITIES, OWNERS, AND TENANTS. Sec. 337 (H.B. Jan. 1, 1984. (2) increasing rent or reducing services as part of a pattern of rent increases or service reductions for an entire multidwelling project. Jan. 1, 1996. 92.153. LANDLORD LIABILITY TO TENANT FOR UTILITY CUTOFF. Added by Acts 2003, 78th Leg., ch. 92.019 Late Payment of Rent; Fees (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; (2) the fee is reasonable; and (3) (b) A landlord or a landlord's manager or agent may not charge or seek reimbursement from the landlord's tenant for the amount of a fine imposed on the landlord by a governmental entity unless the tenant or another occupant of the tenant's dwelling actually caused the damage or other condition on which the fine is based. Amended by Acts 1995, 74th Leg., ch. 576, Sec. In any litigation under this subsection, the prevailing party shall recover reasonable attorney's fees from the nonprevailing party. 3, eff. Acts 2011, 82nd Leg., R.S., Ch. 92.101. 4, eff. (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. Sept. 1, 1993. 3, eff. (4) obtain judicial remedies according to Section 92.0563. If you turn in keys voluntarily you're technically moving out, forcing the landlord to put the unit back on the market, thus breaking the agreement. Sec. 576, Sec. 92.005. 1, eff. 1, eff. Sec. 6, eff. 1168), Sec. (a) Not later than the third business day after the date the lease is signed by each party to the lease, a landlord shall provide at least one complete copy of the lease to at least one tenant who is a party to the lease. (a) In a lawsuit by a tenant under either a written or oral lease for a dwelling or in a suit to enforce a legal obligation of the owner as landlord of the dwelling, the owner's agent for service of process is determined according to this section. Acts 2017, 85th Leg., R.S., Ch. Jan. 1, 1984. Acts 2009, 81st Leg., R.S., Ch. 92.0132. (a) Except as provided by Subsections (b), (e), (f), (g), and (h) and without necessity of request by the tenant, a dwelling must be equipped with: (1) a window latch on each exterior window of the dwelling; (2) a doorknob lock or keyed dead bolt on each exterior door; (3) a sliding door pin lock on each exterior sliding glass door of the dwelling; (4) a sliding door handle latch or a sliding door security bar on each exterior sliding glass door of the dwelling; and. 1, eff. Acts 1983, 68th Leg., p. 3640, ch. (c) The tenant's claim to the security deposit takes priority over the claim of any creditor of the landlord, including a trustee in bankruptcy. (d) If a landlord changes the vehicle towing or parking rules or policies during the term of the lease agreement, the landlord shall provide written notice of the change to the tenant before the tenant is required to comply with the rule or policy change. 76, Sec. 650, Sec. (7) recover court costs and attorney's fees, excluding any attorney's fees for a cause of action for damages relating to a personal injury. 1349 (H.B. (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. 1, 3, eff. (h) A security device required by this section must be operable throughout the time a tenant is in possession of a dwelling. 92.335. (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. (b) If the tenant or the tenant's invited guest removes, misuses, damages, or otherwise disables a fire extinguisher: (1) the landlord is not required to repair or replace the fire extinguisher at the landlord's expense; and. 12, eff. Texas courts allow landlords to charge so-called "reletting fees," which are the landlord's costs resulting from an early lease termination. Forfeiture of the right to collect damages and charges from the tenant is the exclusive remedy for the failure to provide the proper notice to the tenant. 869, Sec. Sec. If a landlord spends the equivalent of the reletting fee to re-rent the apartment, then that is a legitimate charge. 3, eff. Amended by Acts 1989, 71st Leg., ch. The writ of restoration of utility service must notify the landlord of the right to a hearing. 3) You must continue paying rent each month on the first, until a replacement tenant is found and starts paying rent for you. (c) A landlord who fails to give notice as required by this section is liable to the tenant for any expense incurred by the tenant as a result of the landlord's failure to give the notice. LANDLORD'S AGENT FOR SERVICE OF PROCESS. (a) A landlord may close a rental unit at any time by giving written notice by certified mail, return receipt requested, to the tenant and to the local health officer and local building inspector, if any, stating that: (1) the landlord is terminating the tenancy as soon as legally possible; and. Amended by Acts 1989, 71st Leg., ch. CLOSING THE RENTAL PREMISES. 1, eff. Sept. 1, 1995. 576, Sec. (5) "Premises" means a tenant's rental unit, any area or facility the lease authorizes the tenant to use, and the appurtenances, grounds, and facilities held out for the use of tenants generally. (2) "Dwelling unit" means a home, mobile home, duplex unit, apartment unit, condominium unit, or any dwelling unit in a multiunit residential structure. Acts 1983, 68th Leg., p. 3646, ch. 869, Sec. Acts 1983, 68th Leg., p. 3653, ch. Amended by Acts 1985, 69th 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. (d) A landlord and a tenant may agree for the tenant to repair or remedy, at the landlord's expense, any condition covered by Subchapter B. 1, eff. (4) a judgment against the tenant for reasonable attorney's fees. ATTORNEY'S FEES. (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. (2) be installed in a door with a metal doorjamb that serves as the strike plate. But depending on the contract that you have signed, you might have to pay some additional fees or some charges for ending your lease early. (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. September 1, 2007. 1, eff. The power system and installation procedure of a security device that is electrically operated rather than battery operated must comply with applicable local ordinances. 1, eff. 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.
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