texas property code reletting fee

(i) A landlord may not charge a tenant for normal wear and tear of a dwelling. Mark as helpful. 12, eff. 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. 3101), Sec. January 1, 2014. A tenant of a landlord who is liable under Section 92.259 may obtain or exercise one or more of the following remedies: (1) a court order directing the landlord to comply with the tenant's request if the tenant is in possession of the dwelling unit; (2) a judgment against the landlord for damages suffered by the tenant because of the landlord's violation; (3) a judgment against the landlord for a civil penalty of one month's rent plus $100 if the landlord violates Section 92.259(a)(2); (4) a judgment against the landlord for court costs; (5) a judgment against the landlord for attorney's fees in an action under Subdivision (1) or (3); and. Renumbered from Sec. Acts 2015, 84th Leg., R.S., Ch. 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. Amended by Acts 1989, 71st Leg., ch. 16, eff. (b) Except as provided in Subsection (c), a landlord of a tenant who is liable under Subsection (a) may obtain a judgment against the tenant for damages suffered by the landlord because the tenant removed a battery from a smoke alarm without immediately replacing it with a working battery or knowingly disconnected or intentionally damaged the smoke alarm, causing it to malfunction. in the property and pay rent through a specific date, and the landlord is to allow the tenant to . 3101), Sec. Acts 1983, 68th Leg., p. 3638, ch. 92.352. The landlord's duty of inspection and repair of smoke alarms under Subchapter F may be waived only by written agreement. Sept. 1, 1989; Acts 1989, 71st Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. 1051 (H.B. Jan. 1, 1996. A provision of a rental application that purports to waive a right or exempt a party from a liability or duty under this subchapter is void. September 1, 2011. (f) The landlord is not obligated to provide batteries for a battery-operated smoke alarm after a tenant takes possession if the smoke alarm was in good working order at the time the tenant took possession. 1, eff. LANDLORD'S DEFENSES RELATING TO INSTALLING OR REKEYING CERTAIN SECURITY DEVICES. In Texas the re-let fee cannot exceed 85 percent of your monthly rent. Sec. LEASE WITHOUT SECURITY DEPOSIT; REQUIRED NOTICE. 576, Sec. WAIVER. 5, eff. (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). This section does not apply to a security device installed, repaired, changed, replaced, or rekeyed by a tenant under Section 92.164(a)(1) or 92.165(1). (a) Except as otherwise provided by Subsection (e), a security device operated by a key, card, or combination shall be rekeyed by the landlord at the landlord's expense not later than the seventh day after each tenant turnover date. EVICTION SUITS. September 1, 2019. 1, eff. 92.251. entrepreneurship, were lowering the cost of legal services and Sept. 1, 1999. September 1, 2019. However, a landlord may deactivate or remove the locking mechanism of a doorknob lock or remove any device not qualifying as a keyless bolting device if a keyed dead bolt has been installed on the same door. (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. TENANT'S REPAIR AND DEDUCT REMEDIES. 177), Sec. 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 . Texas Property Code ("TPC") Title 11, includes numerous provisions governing the formation, management, powers, . 2, eff. 5, eff. (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. Sec. EMERGENCY PHONE NUMBER. (8) "Multiunit complex" means two or more dwellings in one or more buildings that are: (B) managed by the same owner, agent, or management company; and. Sept. 1, 1993. 1715), Sec. (e) The landlord is entitled to a hearing on the tenant's sworn complaint for restoration of utility service. texas property code reletting fee. (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. (2) all other exterior doors have a keyless bolting device installed in accordance with the height, strike plate, and throw requirements of Section 92.154. (4) "French doors" means a set of two exterior doors in which each door is hinged and abuts the other door when closed. 13, eff. The writ of reentry must notify the landlord of the right to a hearing. 91.002 by Acts 1987, 70th Leg., ch. (a) For purposes of this section, "dependent," "military service," and "servicemember" have the meanings assigned by 50 App. Acts 1983, 68th Leg., p. 3630, ch. (2) there is no controversy concerning the amount of rent owed. Jan. 1, 1984. (a) This section applies only to a tenant in a multiunit complex, as that term is defined by Section 92.151. (g) Not later than the 30th day after the effective date of the termination of a lease under Subsection (f), the landlord shall refund to the tenant all rent or other amounts paid in advance under the lease for any period after the effective date of the termination of the lease. Aug. 31, 1987. 5, eff. 48, Sec. This is also known as assignment of the lease to a new party. (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. The re-let fee is turned in at the same time as your keys once you have officially moved out. Sec. 92.204. 469 (H.B. This is because under Texas law (Tex. LANDLORD LIABILITY AND TENANT REMEDIES; NOTICE AND TIME FOR REPAIR. 3) You must continue paying rent each month on the first, until a replacement tenant is found and starts paying rent for you. (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. Sec. 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. Added by Acts 1989, 71st Leg., ch. 1198 (S.B. (2) exempt any party from a liability or a duty under this section. 4, eff. 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 himself of the contempt in a manner and form as the justice may direct. Sec. 200, Sec. LANDLORD 'S DEFENSE. Acts 1983, 68th Leg., p. 3650, ch. (l) The fee for filing a sworn complaint for reentry is the same as that for filing a civil action in justice court. Sec. 576, Sec. texas property code reletting fee. Jan. 1, 1984. Renumbered from Property Code Sec. 3, eff. (e) This section relates only to a fee, charge, or other sum of money required to be paid under the lease if rent is not paid as provided by Subsection (a)(3), and does not affect the landlord's right to terminate the lease or take other action permitted by the lease or other law. Sept. 1, 1993. The landlord shall have the burden of pleading and proving good faith and continued diligence for subsequent affidavits for delay. Need actual paragraphs is Property Code 92 (?) If you break the lease, you are responsible for the re-letting fee plus rent until the apartment is re-let. (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. Sec. (a) If the landlord is liable to the tenant under Section 92.056(b), the tenant may have the condition repaired or remedied and may deduct the cost from a subsequent rent payment as provided in this section. 689, Sec. (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. (f) If a landlord or a landlord's agent violates this section, the tenant may: (1) either recover possession of the premises or terminate the lease; and. 869, Sec. (B) to deploy with a military unit for a period of 90 days or more. 92.052. 1293), Sec. 1198 (S.B. Jan. 1, 1996. 1, eff. Acts 1983, 68th Leg., p. 3639, ch. Your written termination notice must include payment of the reletting fee listed in paragraph 28 of your lease agreement. SUBCHAPTER F. SMOKE ALARMS AND FIRE EXTINGUISHERS. (B) a peephole having a barrel with a one-way lens of glass or other substance providing an angle view of not less than 160 degrees. There is no limit on the amount of the reletting fee, but if it is not reasonable it might be . (e) A landlord who violates Subsection (b) or (d) is liable to the tenant for an amount equal to the total of one month's rent plus $100 and attorney's fees. Termination of a lease under this subsection is effective when the tenant surrenders possession of the dwelling. September 1, 2007. Acts 1983, 68th Leg., p. 3632, ch. (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. (2) "Flooding" means a general or temporary condition of partial or complete inundation of a dwelling caused by: (A) the overflow of inland or tidal waters; (B) the unusual and rapid accumulation of runoff or surface waters from any established water source such as a river, stream, or drainage ditch; or. 357, Sec. (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. (f) If a landlord violates this section and a tenant suffers a substantial loss or damage to the tenant's personal property as a result of flooding, the tenant may terminate the lease by giving a written notice of termination to the landlord not later than the 30th day after the date the loss or damage occurred. The reconnection fee must be computed based on the average cost to the landlord for the expenses associated with the reconnection, but may not exceed $10. REMEDIES. January 1, 2016. (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. http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.92.htm#92.019 (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. 1, eff. 869, Sec. (b) A landlord shall perform additional rekeying or change a security device at the tenant's expense if requested by the tenant. 1, eff. Section 4001 et seq.). (e) A landlord or landlord's agent who lawfully permits a person described by Subsection (a) to enter or facilitates the person's entry into the leased premises under this section is not liable for an act or omission that arises in connection with permitting or facilitating the entry. The written notice must include the customer's contact information and the tenant's remedies under Section 92.301. 826, Sec. September 1, 2021. 257 (H.B. (m) This section does not affect the rights of a landlord or tenant in a forcible detainer or forcible entry and detainer action. 475, Sec. 475, Sec. SMOKE ALARM. Sept. 1, 1995. (b) The tenant must file with the justice court in the precinct in which the rental premises are located a sworn complaint for reentry, specifying the facts of the alleged unlawful lockout by the landlord or the landlord's agent. 1060 (H.B. (2) within a reasonable time after receiving a written request by a tenant. (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. Sec. 588 (S.B. (d) Except as provided by Subsection (f), 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. This was expected because the tenant kept the property manager well informed throughout the process. Additionally, a landlord may charge more than the maximum to recover costs, expenses, or overhead associated with collecting the late payment. SECURITY DEVICES REQUESTED BY TENANT. 1, eff. When secured to the screw hooks, the bar or tube must prevent the door from being opened unless the bar or tube is removed by a person who is on the interior side of the door. TENANT'S FORWARDING ADDRESS. TENANT'S DISABLING OF A SMOKE ALARM. Answered on 9/10/03, 6:42 pm. 92.002. (c) If the tenant decides to pay a fee in lieu of a security deposit, an agreement to collect the fee must be in writing and signed by: (1) the landlord or the landlord's legal representative; and. (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. APPLICATION. Sec. 5, eff. September 1, 2017. 92.262. Sec. (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. 2, eff. (f) A keyless bolting device is not required to be installed at the landlord's expense if a tenant or occupant in the dwelling is over 55 years of age or has a physical or mental disability, the tenant requests, in writing, that the landlord deactivate or not install the keyless bolting device, and the tenant certifies in the request that the tenant or occupant is over 55 years of age or has a physical or mental disability. January 1, 2021. (d) A tenant may exercise the rights to terminate the lease under Subsection (b), vacate the dwelling before the end of the lease term, and avoid liability beginning on the date after all of the following events have occurred: (1) the tenant provides a copy of the relevant documentation described by Subsection (c) or (c-1) to the landlord; (2) the tenant provides written notice of termination of the lease to the landlord on or before the 30th day before the date the lease terminates; (3) the 30th day after the date the tenant provided notice under Subdivision (2) expires; and. Sept. 1, 1993. 1205, Sec. The fee for service of a show cause order is the same as that for service of a civil citation. Added by Acts 2019, 86th Leg., R.S., Ch. (b) The tenant's deduction for the cost of the repair or remedy may not exceed the amount of one month's rent under the lease or $500, whichever is greater. (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. 92.353. (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. LANDLORD 'S FAILURE TO CORRECT INFORMATION. The re-let fee does not include any cleaning or repair fees you are charged. (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. 744, Sec. 1, eff. Sept. 1, 1989. 1367), Sec. This fee is meant to compensate the rental owners for the costs of releasing the unit. Sec. 1198 (S.B. 824 (S.B. 1420, Sec. PAYMENT OF CHARGES; LIMITS ON AMOUNT CHARGED. 1, eff. (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. (j) If a tenant in bad faith files a sworn complaint for restoration of utility service resulting in a writ being served on the landlord or landlord's agent, the landlord may in a separate cause of action recover from the tenant an amount equal to actual damages, one month's rent or $500, whichever is greater, reasonable attorney's fees, and costs of court, less any sums for which the landlord is liable to the tenant. (2) be installed in a door with a metal doorjamb that serves as the strike plate. Sept. 1, 1993. 3167), Sec. 1344 (S.B. (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. 576, Sec. How much does it cost to break a lease in Texas? 31.01(71), eff. Various state laws limit the maximum amount a landlord can charge, so check your state's laws and regulations. Amended by Acts 1989, 71st Leg., ch. (d) If a suit is filed in a justice court requesting relief under Subsection (a), the justice court shall conduct a hearing on the request not earlier than the sixth day after the date of service of citation and not later than the 10th day after that date. (b) A landlord shall provide to a tenant a written notice substantially equivalent to the following: "(Landlord) ( ) is or ( ) is not aware that the dwelling you are renting is located in a 100-year floodplain. 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. If the lease is in writing and is not in violation of Section 92.006, the tenant's proof of a knowing violation must be clear and convincing. (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. (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). (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. (As a point of reference, the Texas Apartment Association's standard lease sets reletting fees at 85% of a month's rent. September 1, 2011. (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. (c) A tenant is not liable for damages suffered by the landlord if the damage is caused by the landlord's failure to repair the smoke alarm within a reasonable time after the tenant requests it to be repaired, considering the availability of material, labor, and utilities. increasing citizen access. 1, eff. 48, Sec. 92.101. (c) This section does not create a cause of action or expand an existing cause of action.

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