ATTORNEY'S FEES. The reletting fee is typically 150% of one month's rent. Sec. 92.0563. January 1, 2006. 3, eff. (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. (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. (b) A smoke alarm must be installed on a ceiling or wall. (6) the tenant holds over and the landlord's notice of termination is motivated by a good faith belief that the tenant, a member of the tenant's family, or a guest or invitee of the tenant might: (A) adversely affect the quiet enjoyment by other tenants or neighbors; (B) materially affect the health or safety of the landlord, other tenants, or neighbors; or. Sec. 576, Sec. 2, eff. (4) a judgment against the landlord for court costs and attorney's fees. Location: LIABILITY OF LANDLORD. This clause allows tenants to terminate the lease early if they follow the early termination rules. However, most Sec. (15) "Tenant turnover date" means the date a tenant moves into a dwelling under a lease after all previous occupants have moved out. texas property code reletting fee texas property code reletting fee (2) sign a statement authorizing the landlord in the event of the tenant's death to: (A) grant to the person designated under Subdivision (1) access to the premises at a reasonable time and in the presence of the landlord or the landlord's agent; (B) allow the person designated under Subdivision (1) to remove any of the tenant's property found at the leased premises; and. 5.202 Texas Property Code - PROP 5.202. (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. AGENTS FOR DELIVERY OF NOTICE. Aug. 26, 1985. (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. If a violation (s) is identified at the time of the City's comprehensive inspection, a follow-up inspection will be required. 1, eff. 1205, Sec. Sept. 1, 1999. Aug. 26, 1985. Acts 2009, 81st Leg., R.S., Ch. 1420, Sec. 92.026. Repairs may not be made to the foundation or load-bearing structural elements of the building if it contains two or more dwelling units. The drop bolt system must prevent the door from being opened unless the central plate is lifted off of the doorjamb restraint by a person who is on the interior side of the door. Under Texas law, a landlord has an obligation to mitigate damages. LANDLORD 'S FAILURE TO DISCLOSE INFORMATION. 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. 257 (H.B. June 17, 2005, except Subsec. Sept. 1, 1997. 869, Sec. 92.109. (2) knows or has reason to know that the requirements of the subsection granting the exemption are not fulfilled. Renumbered from Property Code Sec. Code 91.006, a landlord must make reasonable efforts to re-rent their unit instead of charging the tenant for the total remaining rent due under the lease. 794, Sec. January 1, 2008. (a) Upon written request of a landlord, the landlord's tenant shall: (1) provide the landlord with the name, address, and telephone number of a person to contact in the event of the tenant's death; and. (b) A landlord is liable to a tenant as provided by this subchapter if: (1) the tenant has given the landlord notice to repair or remedy a condition by giving that notice to the person to whom or to the place where the tenant's rent is normally paid; (2) the condition materially affects the physical health or safety of an ordinary tenant; (3) the tenant has given the landlord a subsequent written notice to repair or remedy the condition after a reasonable time to repair or remedy the condition following the notice given under Subdivision (1) or the tenant has given the notice under Subdivision (1) by sending that notice by certified mail, return receipt requested, by registered mail, or by another form of mail that allows tracking of delivery from the United States Postal Service or a private delivery service; (4) the landlord has had a reasonable time to repair or remedy the condition after the landlord received the tenant's notice under Subdivision (1) and, if applicable, the tenant's subsequent notice under Subdivision (3); (5) the landlord has not made a diligent effort to repair or remedy the condition after the landlord received the tenant's notice under Subdivision (1) and, if applicable, the tenant's notice under Subdivision (3); and. (5) court costs and attorney's fees, excluding any attorney's fees for a cause of action for damages relating to a personal injury. 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. (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. 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. The term does not include dates of entry or occupation not authorized by the landlord. 918, Sec. 1112 (H.B. Jan. 1, 1984. 92.001. (2) if an adult whose occupancy causes a violation of Subsection (a) is seeking temporary sanctuary from family violence, as defined by Section 71.004, Family Code, for a period that does not exceed one month. (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. 92.262. Find more help from the . 1, eff. Added by Acts 2021, 87th Leg., R.S., Ch. (d) A fee in lieu of a security deposit must be: (1) a recurring fee of equivalent amount; and. Added by Acts 1995, 74th Leg., ch. Section 4001 et seq.). If the lease is terminated, the tenant is entitled only to a pro rata refund of rent from the date the tenant moves out and to a refund of any security deposit otherwise required by law. Sec. Texas Property Code Section 53.156 - Costs and Attorney's Fees Texas Statutes Prop. Is subletting legal in North Carolina? During the lease term and any renewal period, a landlord shall repair or replace a security device on request or notification by the tenant that the security device is inoperable or in need of repair or replacement. (c) The landlord has the burden of pleading and proving, by clear and convincing evidence, that the landlord gave the tenant the required notice of the illegality and the penalties and that the tenant's violation was done in bad faith. (c) Affidavits under this section may delay repair by the tenant for: (1) 15 days if the landlord's failure to repair is caused by a delay in obtaining necessary parts for which the landlord is not at fault; or. (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. TENANT REMEDIES FOR LANDLORD'S FAILURE TO INSTALL OR REKEY CERTAIN SECURITY DEVICES. Added by Acts 1989, 71st Leg., ch. 92.163. 576, Sec. Sept. 1, 1995. (i) If a landlord violates Subsection (f), the tenant may recover, in addition to the remedies provided by Subsection (h), an additional civil penalty of one month's rent. 2404), Sec. (2) a copy of documentation of the family violence against the tenant or an occupant from: (A) a licensed health care services provider who examined the victim; (B) a licensed mental health services provider who examined or evaluated the victim; or. (a) The landlord is not obligated to return a tenant's security deposit or give the tenant a written description of damages and charges until the tenant gives the landlord a written statement of the tenant's forwarding address for the purpose of refunding the security deposit. (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. 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. 1367), Sec. 1186), Sec. 3101), Sec. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 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. AGENTS FOR DELIVERY OF NOTICE. Reletting is your best bet if you have a special circumstance (i.e. (a) In this section: (1) "100-year floodplain" means any area of land designated as a flood hazard area with a one percent or greater chance of flooding each year by the Federal Emergency Management Agency under the National Flood Insurance Act of 1968 (42 U.S.C. Aug. 28, 1989. Section 92.104 of the Texas Property Code This section requires a landlord who is withholding a portion of a security deposit to provide an itemized and written list of the deductions to the tenant. (3) move out at our demand because of your default; or. 1, eff. Renumbered from Property Code Sec. Sec. 1420, Sec. Sec. (b) This section does not preclude a cause of action for negligence in leasing of a dwelling by a landlord or a landlord's manager or agent to a tenant, if: (A) was convicted of an offense listed in Article 42A.054, Code of Criminal Procedure; or, (B) has a reportable conviction or adjudication, as defined by Article 62.001, Code of Criminal Procedure; and. 399), Sec. 576, Sec. (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. 92.158 and amended 2001, 77th Leg., ch. Acts 1983, 68th Leg., p. 3633, ch. Sec. The same if you're forced to move out because of lease violations. January 1, 2021. 92.254. 3, eff. (C) the landlord, prior to the date of discarding the property, has not been contacted by anyone claiming the property. (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. (4) "Deposited" means deposited in an account of the landlord or the landlord's agent in a bank or other financial institution. 0 attorneys agreed. (c) This section does not create a cause of action or expand an existing cause of action. The tenant has resided in the property for three years with fixed term agreements re-negotiated every six months. Added by Acts 2009, 81st Leg., R.S., Ch. (b) A governmental body whose official or employee has requested information from a landlord who is liable under Section 92.202 or 92.204 may obtain or exercise one or more of the following remedies: (2) a judgment against the landlord for an amount equal to the governmental body's actual costs in discovering the information required to be disclosed by this subchapter; (3) a judgment against the landlord for $500; and. This is referred to as the landlord's duty to "mitigate damages". 3, eff. The Texas Legislature amended Section 207.003 and set a maximum fee that may [] 13, eff. DEFINITIONS. 1, eff. (a) A landlord shall give prior written notice to a tenant regarding a landlord rule or policy change that is not included in the lease agreement and that will affect any personal property owned by the tenant that is located outside the tenant's dwelling. 2, eff. TENANT'S JUDICIAL REMEDIES. Added by Acts 2009, 81st Leg., R.S., Ch. Reletting a Rental Property A landlord relets a property by having a new tenant sign an entirely new lease. 48, Sec. Sec. Aug. 26, 1985. PRESUMPTION OF REFUND OR ACCOUNTING. 882), Sec. 10, eff. 92.159. 1, eff. Acts 2015, 84th Leg., R.S., Ch. 650, Sec. 92.013. 650, Sec. (l) If an insurer compensates a landlord for a tenant's damages or unpaid rent under a valid claim: (1) the landlord may not seek or collect reimbursement from the tenant of the amounts that the insurer paid to the landlord; (2) the insurer that has paid a landlord after receipt of a claim filed by a landlord, if allowed by a subrogation clause in the insurance described by Subsection (e) and before the first anniversary of the termination of the tenant's occupancy, may seek reimbursement from the tenant of only the amounts paid to the landlord; and. 92.161. 92.015. (a) A party who prevails in a suit brought under this subchapter or Subchapter B, E, or F may recover the party's costs of court and reasonable attorney's fees in relation to work reasonably expended. 1205, Sec. (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. 2, eff. 1, eff. (c) Except as provided in Subsection (d), in the event of the death of a tenant who is the sole occupant of a rental dwelling: (1) the landlord may remove and store all property found in the tenant's leased premises; (2) the landlord shall turn over possession of the property to the person who was designated by the tenant under Subsection (a) or (b) or to any other person lawfully entitled to the property if the request is made prior to the property being discarded under Subdivision (5); (3) the landlord shall refund the tenant's security deposit, less lawful deductions, including the cost of removing and storing the property, to the person designated under Subsection (a) or (b) or to any other person lawfully entitled to the refund; (4) the landlord may require any person who removes the property from the tenant's leased premises to sign an inventory of the property being removed; and. (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. Sec. (e) A landlord may comply with this section by providing to a tenant a complete copy of the lease: (2) in an electronic format if requested by the tenant; or. Acts 1983, 68th Leg., p. 3647, ch. 1, eff. Acts 1983, 68th Leg., p. 3632, ch. Jan. 1, 1996. Landlord's Responsibility to Re-rent in Texas According to Tex. 48, Sec. (2) the date on which all of the conditions in Subsection (a) have been met. You'll be liable for a reletting charge of $675.75 (not to exceed 85% of the highest monthly rent during the Lease term) if you: (A) fail to move in, or fail to give written move out notice as required in Par.23 or 36: (B) move out without paying rent in full for the entire . 1112 (H.B. (2) the person against whom the action is filed knew or should have known of the conviction or adjudication. (c) A landlord's duties and the tenant's remedies under Subchapter B, which covers conditions materially affecting the physical health or safety of the ordinary tenant, may not be waived except as provided in Subsections (d), (e), and (f) of this section. (b) Except as provided by Subsection (a), a dwelling to which this subchapter applies includes: (1) a room in a dormitory or rooming house; (3) a single family house, duplex, or triplex; and. A waiver under this section must be signed and in writing in a document separate from the lease and must comply with federal law. LIABILITY OF LANDLORD. 869, Sec. (2) a copy of an appropriate government document providing evidence of the tenant's entrance into military service if Subsection (b)(1) applies or a copy of the servicemember's military orders if Subsection (b)(2) applies. (D) in underlined or bold print, the tenant's right to receive a key to the new lock at any hour, regardless of whether the tenant pays the delinquent rent. January 1, 2010. 1399), Sec. 1, eff. (3) a nursing or convalescent home licensed by the Department of State Health Services and certified to meet the Life Safety Code under federal law and regulations. Acts 2011, 82nd Leg., R.S., Ch. Aug. 28, 1995; Acts 1995, 74th Leg., ch. 92.104. (r) Subject to this subsection, a reconnection fee may be applied if electric service to the tenant is disconnected for nonpayment of bills under Subsection (h). 576, Sec. Sec. January 1, 2010. 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. 91.002 and amended by Acts 1989, 71st Leg., ch. (a) A landlord may not: (1) prohibit or limit a residential tenant's right to summon police or other emergency assistance based on the tenant's reasonable belief that an individual is in need of intervention or emergency assistance; or. (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 92.258. (4) the landlord, at the same time the service is interrupted, hand delivers or places on the tenant's front door a written notice that: (A) prominently displays the words "electricity termination notice" or similar language underlined or in bold; and. (3) the tenant is entitled to any defenses to payment against the insurer as against the landlord. Acts 1983, 68th Leg., p. 3637, ch. Sept. 1, 1993. A landlord complies with the requirements of this subchapter relating to the provision of smoke alarms in the dwelling unit if the landlord: (1) has a fire detection device, as defined by Section 6002.002, Insurance Code, that includes a fire alarm device, as defined by Section 6002.002, Insurance Code, installed in a dwelling unit; or. Unless possession of a firearm or firearm ammunition on a landlord's property is prohibited by state or federal law, a landlord may not prohibit a tenant or a tenant's guest from lawfully possessing, carrying, transporting, or storing a firearm, any part of a firearm, or firearm ammunition: (2) in a vehicle located in a parking area provided for tenants or guests by the landlord of the leased premises; or. Renumbered from Property Code Sec. (2) is liable for the tenant's reasonable attorney's fees in a suit to recover the deposit. Answer: A reletting or "sublease" charge is an arbitrary number assigned as a value by the landlord to collect for the inconvenience of you making the decision to prematurely exit your lease. 48, Sec. (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. (2) checking to ensure the fire extinguisher gauge or pressure indicator indicates the correct pressure as recommended by the manufacturer of the fire extinguisher. Sec. 1371), Sec. 593 (S.B. POSSESSION OF FIREARMS OR FIREARM AMMUNITION ON LEASED PREMISES. Acts 1983, 68th Leg., p. 3638, ch. (b) A late fee under this section may include an initial fee and a daily fee for each day any portion of the tenant's rent continues to remain unpaid, and the combined fees are considered a single late fee for purposes of this section. 744, Sec. Sept. 1, 1989. (j) A landlord may not interrupt or cause the interruption of electric service under Subsection (h) of a tenant who, before the interruption date specified in the notice required by Subsection (h)(3), has: (1) established that the interruption will cause a person residing in the tenant's dwelling to become seriously ill or more seriously ill by having a physician, nurse, nurse practitioner, or other similar licensed health care practitioner attending to the person who is or may become ill provide a written statement to the landlord or a representative of the landlord stating that the person will become seriously ill or more seriously ill if the electric service is interrupted; and. (b) The landlord shall determine that the smoke alarm is in good working order at the beginning of the tenant's possession by testing the smoke alarm with smoke, by operating the testing button on the smoke alarm, or by following other recommended test procedures of the manufacturer for the particular model. (d) A landlord may not continue to prosecute and a court shall abate an action to enforce the lease, other than an action for nonpayment of rent, only until the landlord provides to a tenant a complete copy of the lease if the tenant submits to the court evidence in a plea in abatement or otherwise that the landlord failed to comply with Subsection (a) or (b). (2) date the landlord accepts an application deposit if the landlord does not furnish the applicant an application form. Renumbered from Property Code, Section 92.016 by Acts 2007, 80th Leg., R.S., Ch. Sec. Added by Acts 2021, 87th Leg., R.S., Ch. 576, Sec. Re: Reletting Fee. 126, Sec. 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. (a) Except as provided by this section, the tenant has the burden of proof in a judicial action to enforce a right resulting from the landlord's failure to repair or remedy a condition under Section 92.052. January 1, 2008. Acts 1983, 68th Leg., p. 3640, ch. 1367), Sec. (b) A tenant who violates this section is presumed to have acted in bad faith. (3) that the guarantor is liable under a renewal of the lease only if the renewal: (A) involves the same parties as the original lease; and. 918, Sec. (f) If an applicant requests a landlord to mail a refund of the applicant's application fee to the applicant, the landlord shall mail the refund check to the applicant at the address furnished by the applicant. (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. Jan. 1, 1984. (e) Repealed by Acts 2017, 85th Leg., R.S., Ch. 1, eff. 92.0132. A sliding door pin lock or sliding door security bar required by this subchapter must be installed at a height not higher than: (1) 54 inches from the floor, if installed before September 1, 1993; or. 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. Total fees vary depending on the situation, and most lease contracts have clauses designed to clarify such details. 918, Sec. 92.0131. * Quality assurance program Family owned and operated Realistic estimates 100% satisfaction guaranteed Amended by Acts 1989, 71st Leg., ch. The tenant selection criteria may include factors such as criminal history, credit history, current income, and rental history. 1099), Sec. Sec. Sec. 744, Sec. 1, eff. (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.
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