HARASSMENT. In addition, (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. 1 While there is no specific Texas law governing how much these fees can be, excessive fees unrelated to actual early termination expenses may be struck down by a court. 1205, Sec. Acts 2007, 80th Leg., R.S., Ch. The landlord has a defense to liability under Section 92.164 if: (1) the tenant has not fully paid all rent then due from the tenant on the date the tenant gives a request under Section 92.157(c) or the notice required by Section 92.164; or. Sec. Jan. 1, 1996. 92.0162. 3, eff. 92.060. 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) . 357, Sec. (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. 1, eff. A repairman or supplier shall not have a lien for materials or services arising out of repairs contracted for by the tenant under this section. Jan. 1, 1996. (C) The landlord has expressly or impliedly agreed in the lease to furnish heating or cooling equipment; the equipment is producing inadequate heat or cooled air; and the landlord has been notified in writing by the appropriate local housing, building, or health official or other official having jurisdiction that the lack of heat or cooling materially affects the health or safety of an ordinary tenant. Sec. An owner of real property who files a notice of appeal of a judgment of a justice court to the county court perfects the owner's appeal and stays the effect of the judgment without the necessity of posting an appeal bond. (a) Except as provided by Subsections (b) and (c), a landlord must comply with a tenant's request for rekeying, changing, installing, repairing, or replacing a security device under Section 92.156, 92.157, or 92.158 within a reasonable time. 4, eff. (2) "Applicant" or "rental applicant" means a person who makes an application to a landlord for rental of a dwelling. My daughter left her off-campus housing in March due to "Shelter in place" and we've been paying rent fo. 1, eff. 1510), Sec. Single Family Rental Registration Frequently Asked Questions - Dallas Sec. http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.92.htm#92.019 PDF Security Deposits - Texas Law Help January 1, 2010. Sec. (g) A provision of a lease that purports to waive a right or to exempt a party from a liability or duty under this section is void. (c) Disclosure of information to a tenant may be made under Subdivision (1) or (2) of Subsection (b) before the tenant requests the information. Added by Acts 2021, 87th Leg., R.S., Ch. 4, eff. These expenses cover marketing and qualifying new tenants. REMOVAL OF PROPERTY AND EXCLUSION OF RESIDENTIAL TENANT. January 1, 2014. Is rent acceleration legal in Texas? - Law Stack Exchange 1, eff. January 1, 2010. 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). (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. 1, eff. Jan. 1, 1996. 3167), Sec. (3) "Co-applicant" means a person who makes an application for rental of a dwelling with other applicants and who plans to live in the dwelling with other applicants. NOTICE REGARDING VEHICLE TOWING OR PARKING RULES OR POLICIES. Is subletting legal in North Carolina? 826, Sec. 576, Sec. TENANT'S REMEDY ON NOTICE FROM MANAGEMENT COMPANY. A mutual agreement for tenant repair under Subsection (g) of Section 92.0561 is not a violation of Section 92.006. (3) tested and listed for use as a smoke alarm by Underwriters Laboratories, Inc., Factory Mutual Research Corporation, or United States Testing Company, Inc. (a-1) If requested by a tenant as an accommodation for a person with a hearing-impairment disability or as required by law as a reasonable accommodation for a person with a hearing-impairment disability, a smoke alarm must, in addition to complying with Subsection (a), be capable of alerting a hearing-impaired person in the bedrooms it serves. (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. Renumbered from Property Code Sec. A request by a government official or employee for information must be in writing. CONDITIONS FOR RETENTION OF SECURITY DEPOSIT OR RENT PREPAYMENT. January 1, 2016. 257 (H.B. Sec. LIABILITY OF LANDLORD. INVALID COMPLAINTS. Acts 2007, 80th Leg., R.S., Ch. 92.166. 15 (S.B. (1-a) "Application fee" means a nonrefundable sum of money that is given to the landlord to offset the costs of screening an applicant for acceptance as a tenant. The tenant must also state orally under oath to the justice the facts of the alleged unlawful lockout. Aug. 26, 1985. (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. On receipt of an affidavit, the justice shall issue a show cause order, directing the person to appear on a designated date and show cause why he should not be adjudged in contempt of court. 630), Sec. 2, eff. Sec. (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) A tenant is liable according to this subchapter if the tenant removes a battery from a smoke alarm without immediately replacing it with a working battery or knowingly disconnects or intentionally damages a smoke alarm, causing it to malfunction. Added by Acts 1993, 73rd Leg., ch. 92.354. 576, Sec. Renumbered from Property Code Sec. 92.1031. 11, eff. 16, eff. Jan. 1, 1996. 576, Sec. (A) a door lock not in the doorknob that: (i) locks with a bolt into the doorjamb; and, (ii) is operated from the exterior by a key, card, or combination and from the interior by a knob or lever without a key, card, or combination; or. (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. 1, eff. What Is A Reasonable Reletting Fee In Texas? - Mastery Wiki 83), Sec. 92.156. No further notice from the tenant is necessary in order for the tenant to repair or remedy the condition after a reasonable time has elapsed. 1, eff. 83), Sec. Repairs may not be made to the foundation or load-bearing structural elements of the building if it contains two or more dwelling units. Jan. 1, 1984. (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. Rent delinquency is not a defense for a violation of Section 92.204. Added by Acts 2013, 83rd Leg., R.S., Ch. 337 (H.B. However, the tenant's remedies under this section shall cease if: (1) the landlord provides the tenant with written evidence from the utility that all delinquent sums due the utility have been paid in full; and. (i) The tenant shall not have authority to contract for labor or materials in excess of what the tenant may deduct under this section. Reletting is your best bet if you have a special circumstance (i.e. Sec. 2, eff. 5.202 Texas Property Code - PROP 5.202. (d) Subsections (a) and (b) apply only when a tenant is in possession of a dwelling. The reletting . 5, eff. Jan. 1, 1984. Sec. (d) If there is more than one tenant on a lease, the landlord is not required under this section to send notices to the primary residence of more than one tenant. 1186), Sec. Renumbered from Sec. Sec. How Much Does It Cost To Break a Lease? - The Balance Small Business (5) the landlord may discard the property removed by the landlord from the tenant's leased premises if: (A) the landlord has mailed a written request by certified mail, return receipt requested, to the person designated under Subsection (a) or (b), requesting that the property be removed; (B) the person failed to remove the property by the 30th day after the postmark date of the notice; and. 92.0131. 92.103. 91.002 by Acts 1987, 70th Leg., ch. Jan. 1, 1984. (2) knows or has reason to know that the requirements of the subsection granting the exemption are not fulfilled. (b) The landlord must post the phone number required by Subsection (a) prominently outside the management or superintendent's office. Acts 1983, 68th Leg., p. 3639, ch. The Texas Legislature amended Section 207.003 and set a maximum fee that may [] LANDLORD'S DUTY TO REPAIR OR REPLACE SECURITY DEVICE. The term "keyless bolting device" does not include a chain latch, flip latch, surface-mounted slide bolt, mortise door bolt, surface-mounted barrel bolt, surface-mounted swing bar door guard, spring-loaded nightlatch, foot bolt, or other lock or latch; or. (3) a copy of the settled claim that documents payments made by the insurer to the landlord. (c) If after a casualty loss the rental premises are partially unusable for residential purposes and if the casualty loss is not caused by the negligence or fault of the tenant, a member of the tenant's family, or a guest or invitee of the tenant, the tenant is entitled to reduction in the rent in an amount proportionate to the extent the premises are unusable because of the casualty, but only on judgment of a county or district court. Acts 1983, 68th Leg., p. 3631, ch. 1198 (S.B. Jan. 1, 1984. The term does not include dates of entry or occupation not authorized by the landlord. 48, Sec. The Federal Emergency Management Agency (FEMA) maintains a flood map on its Internet website that is searchable by address, at no cost, to determine if a dwelling is located in a flood hazard area.