576, Sec. DISCLOSURE OF OWNERSHIP AND MANAGEMENT. 1414), Sec. This is also known as assignment of the lease to a new party. 1293), 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. (l) This section does not affect the ability of a landlord to pursue other available remedies, including the remedies provided by Chapter 24. Sec. DEFINITIONS. 92.334. 48, Sec. 576, Sec. 6, eff. Acts 2019, 86th Leg., R.S., Ch. (d) If the landlord closes the rental unit after the tenant gives the landlord a notice to repair and the tenant moves out on or before the end of the rental term, the landlord must pay the tenant's actual and reasonable moving expenses, refund a pro rata portion of the tenant's rent from the date the tenant moves out, and, if otherwise required by law, return the tenant's security deposit. 531), Sec. interviewer says fair enough. The term does not include a kitchen, dining room, bathroom, living room, utility room, or closet or storage area of a dwelling. 21.001(97), eff. (a) A landlord shall accept a tenant's timely cash rental payment unless a written lease between the landlord and tenant requires the tenant to make rental payments by check, money order, or other traceable or negotiable instrument. 92.156. (a) Before returning a security deposit, the landlord may deduct from the deposit damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease. Added by Acts 2015, 84th Leg., R.S., Ch. If the dwelling has no mailbox and has a keyless bolting device, alarm system, or dangerous animal that prevents the landlord from entering the premises to leave the notice on the inside of the main entry door, the landlord may securely affix the notice on the outside of the main entry door. The writ of restoration of utility service must notify the landlord of the right to a hearing. Paying out-of-pocket - Lease agreements often include penalties and fees for breaking a lease. (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. RELETTING FEE: Resident acknowledges that the Reletting Fee is not a cancellation fee or a buyout fee.. NON-PERFORMANCE OF VENDORS DUTIES RELETTING CHARGES If the Vendor fails to perform in accordance with the terms of this Contract, the Port Authority may obtain the goods or services from another Vendor and charge the seller the difference in price, if any . 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. Acts 1983, 68th Leg., p. 3649, ch. 39 (H.B. If the writ is disobeyed, the tenant or the tenant's attorney may file in the court in which the action is pending an affidavit stating the name of the person who has disobeyed the writ and describing the acts or omissions constituting the disobedience. Amended by Acts 1989, 71st Leg., ch. Other judicial actions under this chapter may not be joined with an eviction suit or asserted as a defense or crossclaim in an eviction suit. (j) A person who receives information under Subsection (c), (c-1), or (d) may not disclose the information to any other person except for a legitimate or customary business purpose or as otherwise required by law. 576, Sec. Amended by Acts 1993, 73rd Leg., ch. However . 869, Sec. If a landlord spends the equivalent of the reletting fee to re-rent the apartment, then that is a legitimate charge. 257 (H.B. LANDLORD'S FAILURE TO CORRECT INFORMATION. 1112 (H.B. (e) The landlord has met the duty to inspect and repair if the smoke alarm is in good working order after the landlord tests the smoke alarm with smoke, operates the testing button on the smoke alarm, or follows other recommended test procedures of the manufacturer for the particular model. Over 58 years of experience Guaranteed prices - the price we quote is the price you pay! 3, eff. (f) If the landlord fails to request a hearing on the tenant's sworn complaint for restoration of utility service before the eighth day after the date of service of the writ of restoration of utility service on the landlord under Subsection (d), a judgment for court costs may be rendered against the landlord. (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. (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. 576, Sec. 1, eff. Sec. 200, Sec. Sec. Acts 1983, 68th Leg., p. 3639, ch. 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. INSPECTION OF RESIDENTIAL FIRE EXTINGUISHER. Added by Acts 2005, 79th Leg., Ch. Sept. 1, 2001. (2) payable at the time each rent payment is due during the lease. 92.302. 576, Sec. Amended as Sec. (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 writ of reentry must notify the landlord of the right to a hearing. Facebook. 1, eff. 576, Sec. On request of the tenant, the landlord shall provide the statement to the tenant by any established means regularly used for written communication between the landlord and the tenant. LIABILITY OF TENANT FOR GOVERNMENTAL FINES. Jan. 1, 1984. 2, eff. 600 (H.B. SECURITY DEVICES REQUIRED WITHOUT NECESSITY OF TENANT REQUEST. (d) The acknowledgment may be part of the rental application if the notice is underlined or in bold print. 2, eff. Sec. Landlords who violate these rules could end up owing the tenant $100, three times the amount of the late fee that was wrongfully collected, and the tenant's attorneys' fees. 576, Sec. (b) Notice under this section must be in writing and may be given in person, by mail, or by delivery to the premises. 917 (H.B. 2, eff. So you may not have to pay much, if any additional rent, if you break your lease. 1, eff. (a) A landlord's liability under this section is subject to Section 92.052(b) regarding conditions that are caused by a tenant and Section 92.054 regarding conditions that are insured casualties. handbook can be located in sections 24, 54, 91 and 92 of the Texas Property Code, which is available in your local law library and online at www.statutes.legis.state.tx.us. 31.01(71), eff. (f) A landlord who violates this section is liable to the tenant for actual damages, a civil penalty equal to the amount of one month's rent plus $500, and attorney's fees. A landlord who has provided information under Subdivision (2) or (3) of Subsection (b) of Section 92.201 is liable to a tenant according to this subchapter if: (1) the information becomes incorrect because a name or address changes; and. (c) For purposes of Subsection (b)(4) or (5), a landlord is considered to have received the tenant's notice when the landlord or the landlord's agent or employee has actually received the notice or when the United States Postal Service has attempted to deliver the notice to the landlord. 8, eff. 92.351. (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. a new child or a job transfer) that requires you to find new housing. Jan. 1, 1984. 1, eff. Acts 1983, 68th Leg., p. 3638, ch. (e-1) A landlord who changes the locks or otherwise prevents a tenant from entering the tenant's individual rental unit may not change the locks or otherwise prevent a tenant from entering a common area of residential rental property. 92.208. WAIVER OR EXPANSION OF DUTIES AND REMEDIES. 1, eff. Aug. 28, 1989. (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. (a) If a tenant files or prosecutes a suit for retaliatory action based on a complaint asserted under Section 92.331(a)(3), and the government building or housing inspector or utility company representative visits the premises and determines in writing that a violation of a building or housing code does not exist or that a utility problem does not exist, there is a rebuttable presumption that the tenant acted in bad faith. (3) a copy of the settled claim that documents payments made by the insurer to the landlord. September 1, 2011. (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. 5, eff. (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. Acts 1983, 68th Leg., p. 3648, ch. 3, eff. 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. (b) A tenant who violates this section is presumed to have acted in bad faith. 92.163. (i) A landlord is subject to the tenant remedies provided by Section 92.164(a)(4) if the landlord: (1) deactivates or does not install a keyless bolting device, claiming an exemption under Subsection (e), (f), or (g); and. (a) For purposes of this section, "dependent," "military service," and "servicemember" have the meanings assigned by 50 App. (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. 1, eff. LIABILITY OF LANDLORD. 2, eff. (c) A keyed dead bolt or keyless dead bolt, as described by Section 92.151(6)(A), installed in a dwelling on or after September 1, 1993, must have a bolt with a throw of not less than one inch. (2) move out without paying rent in full for the entire lease term or renewal period; or. Aug. 31, 1987. Sec. (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. (m) This section does not affect the rights of a landlord or tenant in a forcible detainer or forcible entry and detainer action. 1002), Sec. 576, Sec. (4) a judgment against the landlord for court costs and attorney's fees. Venue for an action under this chapter is governed by Section 15.0115, Civil Practice and Remedies Code. A landlord's failure to respond does not affect the tenant's liability for any late fee owed to the landlord. 2.28, eff. Sec. 1344 (S.B. (f) A landlord who intentionally prevents a tenant from entering the tenant's dwelling under Subsection (b)(3) must provide the tenant with a key to the changed lock on the dwelling without regard to whether the tenant pays the delinquent rent. 3, eff. Renumbered from Sec. Sec. 92.021. (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. (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. Texas law allows landlords to charge tenants for costs related to filling a vacancy left when a tenant terminates a lease without just cause. 375), Sec. 91.002 by Acts 1987, 70th Leg., ch. (b) Unless the condition was caused by normal wear and tear, the landlord does not have a duty during the lease term or a renewal or extension to repair or remedy a condition caused by: (2) a lawful occupant in the tenant's dwelling; (3) a member of the tenant's family; or. PERSONAL PROPERTY AND SECURITY DEPOSIT OF DECEASED TENANT. (4) establishes, attempts to establish, or participates in a tenant organization. Single Family Rental Registration Frequently Asked Questions - Dallas 92.011. 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. My daughter left her off-campus housing in March due to "Shelter in place" and we've been paying rent fo. 91.006 - This regulation works in your favor. (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. 576, Sec. (3) "Lease" means any written or oral agreement between a landlord and tenant that establishes or modifies the terms, conditions, rules, or other provisions regarding the use and occupancy of a dwelling. Prop. 869, Sec. Amended by Acts 1995, 74th Leg., ch. What Happens If You Break A Lease In Texas? - Square Cow Moovers 869, Sec. Sec. 1, eff. Amended by Acts 1987, 70th 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. All Reasons for Breaking a Lease in Texas (Without Penalty) Sec. Jan. 1, 1984. RELETTING Definition | Law Insider (c) If the rules or policies are contained in the lease agreement or an attachment to the lease agreement, the title to the paragraph containing the rules or policies must read "Parking" or "Parking Rules" and be capitalized, underlined, or printed in bold print. If on a ceiling, it must be no closer than six inches to a wall or otherwise located in accordance with the manufacturer's installation instructions. Jan. 1, 1996. 92.015. (i) If the landlord or the person on whom a writ of restoration of utility service is served fails to immediately comply with the writ or later disobeys the writ, the failure is grounds for contempt of court against the landlord or the person on whom the writ was served under Section 21.002, Government Code. 92.332. This was expected because the tenant kept the property manager well informed throughout the process. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 794, Sec. (B) arises from the landlord's failure to provide and maintain in good operating condition a device to supply hot water of a minimum temperature of 120 degrees Fahrenheit. EXEMPTIONS. Acts 1983, 68th Leg., p. 3635, ch. (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. 91.006), your landlord must make reasonable efforts to re-rent your unitno matter what your reason for leavingrather than charge you for the total remaining rent due under the lease. Breaking a lease early [Texas] : r/renting - reddit RESIDENTIAL TENANT'S RIGHT OF REENTRY AFTER UNLAWFUL LOCKOUT. (11) "Security device" means a doorknob lock, door viewer, keyed dead bolt, keyless bolting device, sliding door handle latch, sliding door pin lock, sliding door security bar, or window latch in a dwelling. TX Leasing Laws | How to Break a Lease in Texas and What Happens (4) court costs and attorney's fees arising from any related cause of action by the tenant against the landlord. SMOKE ALARM. (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. (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. 348 (S.B. 92.205. Sec. 650, Sec. Is subletting legal in North Carolina? 91 (S.B. Acts 2015, 84th Leg., R.S., Ch. 92.006. 650, Sec. 2, eff. If the acknowledgment is not signed, there is a rebuttable presumption that the notice was not made available to the applicant. January 1, 2014. (b) A landlord may require a tenant to pay for repair or replacement of a security device if an underlined provision in a written lease authorizes the landlord to do so and the repair or replacement is necessitated by misuse or damage by the tenant, a member of the tenant's family, an occupant, or a guest, and not by normal wear and tear. 138, Sec. (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. 3, eff. 683, Sec. 3101), Sec. 357, Sec. 1, eff. Sept. 1, 2001. (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 Charge | Legal Advice - LawGuru Sec. You should seek insurance coverage that would cover losses caused by a flood.". 92.107. Amended by Acts 1993, 73rd Leg., ch. Basically, it's the part of the Texas property code that states that the landlord must do their due diligence to rent out the home to someone else to "mitigate damages". Our contract says we have to give 60 days notice and pay a reletting fee ($1730), plus back-paying the rent concession ($357 per month) we got for signing a year lease, either that or we are liable for the entire years rent (6 x 1678). 92.333 by Acts 1997, 75th Leg., ch. (j) A tenant and a landlord may agree that the tenant waives a tenant's rights under this section if the tenant or any dependent living with the tenant moves into base housing or other housing within 30 miles of the dwelling. The landlord has the burden of proving that the tenant received a copy of the rule or policy change. 2, eff. 650, Sec. They must notify the landlord in writing of their wish to have the smoke alarm installed or repaired before doing so. OBLIGATION TO REFUND. PDF Security Deposits - Texas Law Help A reasonable time for purposes of this subsection is presumed to be not later than the seventh day after the date a tenant's advance payment is received by the landlord, except as provided by Subsection (c). Aug. 28, 1995. In any litigation under this subsection, the prevailing party shall recover reasonable attorney's fees from the nonprevailing party. January 1, 2022. January 1, 2008. In . (e) If the landlord rejects an applicant and the landlord has not made the notice required by Subsection (a) available, the landlord shall return the application fee and any application deposit. Sec. (c) After receipt of the notice provided under Subsection (a), the landlord shall provide a copy of the written lease agreement to the person who provided the notice on written request of that person. September 1, 2017. 3, eff. 1, eff. What's the Difference Between a Lease Termination Charge and a Ask Your Own Real Estate Law Question 91.006 supports reletting fees by charging an assessment. 1510), Sec. (c) A fire extinguisher that satisfies the inspection requirements of Subsection (b) at the beginning of a tenant's possession is presumed to be in good working order until the tenant requests an inspection in writing. (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. (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. 576, Sec. If management company employees perform the work, the charge may include reasonable overhead and profit but may not exceed the cost charged to the owner by the management company for comparable security devices installed by management company employees at the owner's request and expense.