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(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. 2, eff. 1, eff. 357, Sec. 48, Sec. Jan. 1, 1984. Acts 1983, 68th Leg., p. 3638, ch. NOTICE REGARDING VEHICLE TOWING OR PARKING RULES OR POLICIES. Sec. January 1, 2008. January 1, 2010. 92.110. 9, eff. Acts 1983, 68th Leg., p. 3637, ch. Added by Acts 2011, 82nd Leg., R.S., Ch. NOTICE OF ELIGIBILITY REQUIREMENTS. The reletting fee is typically 150% of one month's rent. January 1, 2008. January 1, 2010. (3) in other locations controlled by the landlord as necessary to: (A) enter or exit the tenant's rental unit; (B) enter or exit the leased premises; or. (e) The owner of a dwelling shall reimburse a management company, managing agent, or on-site manager for costs expended by that person in complying with this subchapter. 15 (S.B. APPLICATION OF SUBCHAPTER. 1, eff. (15) "Tenant turnover date" means the date a tenant moves into a dwelling under a lease after all previous occupants have moved out. 12, eff. (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. VENUE. (3) damage from windows or doors left open. (Tex. SMOKE ALARM. January 1, 2016. Sec. (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. Amended by Acts 1989, 71st Leg., ch. 4, eff. (d) Subsections (a) and (b) apply only when a tenant is in possession of a dwelling. (13) "Sliding door pin lock" means a lock on a sliding glass door that consists of a pin or nail inserted from the interior side of the door at the side opposite the door's handle and that is designed to prevent the door from being opened or lifted. September 1, 2011. There is always an early . 165, Sec. 48, Sec. LANDLORD 'S DEFENSE. Otherwise, the clerk assesses a penalty of $25 or twice the amount of the normal recording fee, whichever is greater (Texas Property Code, Section 11.003).U pon . NOTICE FOR TERMINATING CERTAIN TENANCIES. Texas Property Code Ann. (d) A landlord may rebut the presumption provided by Subsection (a) or (b) if despite the diligence of the landlord: (1) the landlord did not know of the tenant's request, without the fault of the landlord; (2) materials, labor, or utilities were unavailable; or. January 1, 2016. Jan. 1, 1984. (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. 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. 4, eff. 92.158. 899 (H.B. 48, Sec. This duty does not exist with respect to damage or a malfunction caused by the tenant, the tenant's family, or the tenant's guests or invitees during the term of the lease or a renewal or extension, except that the landlord has a duty to repair or replace the smoke alarm if the tenant pays in advance the reasonable repair or replacement cost, including labor, materials, taxes, and overhead. (b) If the landlord does not provide a written explanation for delay in performing a duty to repair or remedy on or before the fifth day after receiving from the tenant a written demand for an explanation, the landlord has the burden of proving that he made a diligent effort to repair and that a reasonable time for repair did not elapse. Added by Acts 1999, 76th Leg., ch. (2) knows or has reason to know that the requirements of the subsection granting the exemption are not fulfilled. A tenant's request or notice under this subchapter may be given orally unless the tenant has a written lease that requires the request or notice to be in writing and that requirement is underlined or in boldfaced print in the lease. (c) If the date of required notice of acceptance or required refund of an application deposit is a Saturday, Sunday, or state or federal holiday, the required date shall be extended to the end of the next day following the Saturday, Sunday, or holiday. 348 (S.B. For purposes of this subchapter: (1) "Application deposit" means a sum of money that is given to the landlord in connection with a rental application and that is refundable to the applicant if the applicant is rejected as a tenant. (c) A landlord may require a tenant to pay in advance charges for which the tenant is liable under this subchapter if a written lease authorizes the landlord to require advance payment, and the landlord notifies the tenant within a reasonable time after the tenant's request that advance payment is required, and: (1) the tenant is more than 30 days delinquent in reimbursing the landlord for charges to which the landlord is entitled under Subsection (b); or. 869, Sec. Jan. 1, 1996. 165, Sec. Redesignated from Property Code Sec. Added by Acts 1989, 71st Leg., ch. (a) A landlord may not retaliate against a tenant by taking an action described by Subsection (b) because the tenant: (1) in good faith exercises or attempts to exercise against a landlord a right or remedy granted to the tenant by lease, municipal ordinance, or federal or state statute; (2) gives a landlord a notice to repair or exercise a remedy under this chapter; (3) complains to a governmental entity responsible for enforcing building or housing codes, a public utility, or a civic or nonprofit agency, and the tenant: (A) claims a building or housing code violation or utility problem; and, (B) believes in good faith that the complaint is valid and that the violation or problem occurred; or. (f) A tenant who terminates a lease under Subsection (b) is released from all liability for any delinquent, unpaid rent owed to the landlord by the tenant on the effective date of the lease termination if the lease does not contain language substantially equivalent to the following: "Tenants may have special statutory rights to terminate the lease early in certain situations involving family violence or a military deployment or transfer.". (2) payable at the time each rent payment is due during the lease. Acts 2013, 83rd Leg., R.S., Ch. Sec. (e) If a tenant, after being furnished with a copy of this subchapter, knowingly violates Subsection (a), the landlord shall have no responsibility after the tenant's death for removal, storage, disappearance, damage, or disposition of property in the tenant's leased premises. (4) obtain judicial remedies according to Section 92.0563. Repairs may not be made to the foundation or load-bearing structural elements of the building if it contains two or more dwelling units. 1510), Sec. Sec. Acts 1983, 68th Leg., p. 3632, ch. 92.204. 8, eff. 1, eff. (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. 946), Sec. WHEN TENANT'S REQUEST OR NOTICE MUST BE IN WRITING. 2, eff. 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. In Texas, can a landlord charge re-letting fee in addition to the 576, Sec. DISCLOSURE OF OWNERSHIP AND MANAGEMENT. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. Prop. Acts 1983, 68th Leg., p. 3633, ch. 15, eff. 5, eff. (a) In this section: (1) "Customer" means a person who is responsible for bills received for electric utility service or gas utility service provided to nonsubmetered master metered multifamily property. 21.001(97), eff. 92.111. Added by Acts 2009, 81st Leg., R.S., Ch. 1, eff. Sec. Sec. The fair market rent shall be determined by the governmental agency subsidizing the rent, or in the absence of such a determination, it shall be a reasonable amount of rent under the circumstances. Amended by Acts 1993, 73rd Leg., ch. (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. U.S.C. 257 (H.B. 13, eff. REMOVAL OR ALTERATION OF SECURITY DEVICE BY TENANT. RESIDENTIAL TENANT'S RIGHT OF REENTRY AFTER UNLAWFUL LOCKOUT. Sec. SECURITY DEVICES REQUESTED BY TENANT. NOTICE OF RULE OR POLICY CHANGE AFFECTING TENANT'S PERSONAL PROPERTY. 1, eff. (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. Sec. The tenant selection criteria may include factors such as criminal history, credit history, current income, and rental history. PRESUMPTION OF REFUND OR ACCOUNTING. 92.0562. 92.168. September 1, 2011. 1367), Sec. Sec. Amended by Acts 1995, 74th Leg., ch. Acts 1983, 68th Leg., p. 3647, ch. (2) may not use a prospective tenant's choice to pay a fee in lieu of a security deposit or a security deposit as a criterion in the determination of whether to approve an application for occupancy. (c) If a landlord does not provide the tenant the notice as required by this section, the landlord forfeits the right to collect damages and charges from the tenant. (4) "Deposited" means deposited in an account of the landlord or the landlord's agent in a bank or other financial institution. 1186), Sec. Amended by Acts 1995, 74th Leg., ch. A fee may not be applied to a deferred payment plan entered into under this section. Added by Acts 2015, 84th Leg., R.S., Ch. January 1, 2020. Jan. 1, 1984. September 1, 2021. The tenant has resided in the property for three years with fixed term agreements re-negotiated every six months. 2, eff. 1198 (S.B. Jan. 1, 1984. (3) by e-mail if the parties have communicated by e-mail regarding the lease. Acts 2015, 84th Leg., R.S., Ch. (h) A fee collected under this section is not a security deposit for purposes of this chapter if: (1) an agreement was signed under Subsection (c); and. (b) If the tenant's lease is in writing, the lease may require the tenant's initial request for information to be written. 3167), Sec. January 1, 2016. 53.156 Costs and Attorney's Fees Added by Acts 2009, 81st Leg., R.S., Ch. DISCLOSURE OF OWNERSHIP AND MANAGEMENT. The landlord shall have the burden of pleading and proving good faith and continued diligence for subsequent affidavits for delay. 1, eff. 650, Sec. 357, Sec. 6, eff. 2, eff. 576, Sec. 1862), Sec. Court costs may be waived only if the tenant executes a pauper's affidavit. Sec. 1, eff. Added by Acts 2005, 79th Leg., 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. Property Address Monthly Rent Day of Move Proration Due Date Prorated Rent Texas Homes Realty and Management 21510 Kingsland Blvd #105 Katy, TX 77450 X 2nd X 35.00 10.00 Sample Lease X Aug. 28, 1989; Acts 1997, 75th Leg., ch. 869, Sec. Sept. 1, 1997. (b) A customer shall provide written notice of a service disconnection to each tenant or owner at a nonsubmetered master metered multifamily property not later than the fifth day after the date the customer receives a notice of service disconnection from an electric service provider or a gas utility. (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. Sec. (3) the representative signs an inventory of the removed property, if required by the landlord or the landlord's agent. 1, eff. (b) The tenant must file with the justice court in the precinct in which the rental premises are located a sworn complaint specifying the facts of the alleged unlawful utility disconnection by the landlord or the landlord's agent. LANDLORD'S DUTY TO PROVIDE COPY OF LEASE. (2) failing to correct information given under Section 92.201(b)(1) or (2) or Section 92.201(d) that the landlord knows is incorrect. texas property code reletting fee. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. The term does not include dates of entry or occupation not authorized by the landlord. Sept. 1, 1989. Added by Acts 1989, 71st Leg., ch. What Happens If You Break A Lease In Texas? - Square Cow Moovers 302), Sec. 2, eff. (a) A tenant's judicial remedies under Section 92.056 shall include: (1) an order directing the landlord to take reasonable action to repair or remedy the condition; (2) an order reducing the tenant's rent, from the date of the first repair notice, in proportion to the reduced rental value resulting from the condition until the condition is repaired or remedied; (3) a judgment against the landlord for a civil penalty of one month's rent plus $500; (4) a judgment against the landlord for the amount of the tenant's actual damages; and. (a) A landlord may not require a tenant to pay for repair or replacement of a security device due to normal wear and tear. 92.205. Acts 2007, 80th Leg., R.S., Ch. The affidavit must state facts showing that the landlord has made and is making diligent efforts to repair the condition, and it must contain dates, names, addresses, and telephone numbers of contractors, suppliers, and repairmen contacted by the owner. Acts 1983, 68th Leg., p. 3631, ch. (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. 576, 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. Aug. 26, 1985. Jan. 1, 1998. 92.354. 1002), Sec. (c-2) Notwithstanding Subsection (c-1), a municipal housing authority located in a municipality that has a population of more than 500,000 and is not more than 50 miles from an international border, or a public facility corporation, affiliate, or subsidiary of the authority, may require that vehicles parked in a community of the authority, corporation, affiliate, or subsidiary be registered with the housing authority. (j) 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. 1, eff. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. Amended by Acts 1997, 75th Leg., ch. January 1, 2016. Sec. (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. Texas Rules on Cash Rental Payments (a) If a landlord does not comply with Section 92.153 or 92.156(a) regarding installation or rekeying of a security device, the tenant may: (1) install or rekey the security device as required by this subchapter and deduct the reasonable cost of material, labor, taxes, and extra keys from the tenant's next rent payment, in accordance with Section 92.166; (2) serve a written request for compliance on the landlord, and, except as provided by Subsections (b) and (c), if the landlord does not comply on or before the third day after the date the notice is received, unilaterally terminate the lease without court proceedings; (3) file suit against the landlord without serving a request for compliance and obtain a judgment for: (A) a court order directing the landlord to comply, if the tenant is in possession of the dwelling; (D) attorney's fees except in suits for recovery of property damages, personal injuries, or wrongful death; and. LANDLORD 'S FAILURE TO CORRECT INFORMATION. 2, eff. If the acknowledgment is not signed, there is a rebuttable presumption that the notice was not made available to the applicant. Acts 1983, 68th Leg., p. 3637, ch. 5, eff. Even if the dwelling is not in a 100-year floodplain, the dwelling may still be susceptible to flooding. (2) more than once during a rental payment period. Acts 2019, 86th Leg., R.S., Ch. Added by Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1993; Acts 1999, 76th Leg., ch. Subchapter E - Texas Property Code Subchapter E. Disclosure of Ownership and Management Sec. 1, eff. 92.255. 882), Sec. 1, eff. (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. (3) the landlord has locally mailed not later than the fifth calendar day before the date on which the door locks are changed or hand-delivered to the tenant or posted on the inside of the main entry door of the tenant's dwelling not later than the third calendar day before the date on which the door locks are changed a written notice stating: (A) the earliest date that the landlord proposes to change the door locks; (B) the amount of rent the tenant must pay to prevent changing of the door locks; (C) the name and street address of the individual to whom, or the location of the on-site management office at which, the delinquent rent may be discussed or paid during the landlord's normal business hours; and. The notice shall also contain a reasonable description of the intended repair or remedy. 1, eff. 92.260. Jan. 1, 1984. The tenant has the burden of proving that the misuse or damage was caused by another party. Your Trusted Central Texas Movers | Austin Van & Storage 221 (H.B. 1, eff. (c-1) As a precondition for allowing a tenant to park in a specific parking space or a common parking area that the landlord has made available for tenant use, the landlord may require a tenant to provide only the make, model, color, year, license number, and state of registration of the vehicle to be parked. 92.007. (b) At the time a landlord offers to a tenant the option of paying a fee in lieu of a security deposit, the landlord shall notify the tenant in writing: (1) that the tenant has the option to instead pay a security deposit; (2) that the tenant has the option to terminate the agreement to pay the fee in lieu of a security deposit at any time and stop paying the fee, and instead, to pay a security deposit in the amount that is otherwise offered to new tenants for substantially similar housing on the date the tenant chooses to pay the security deposit; and. (C) by a metal bar or metal tube that is placed across the entire interior side of the door and secured in place at each end of the bar or tube by heavy-duty metal screw hooks. (f) A landlord and tenant may agree that, except for those conditions caused by the negligence of the landlord, the tenant has the duty to pay for repair of the following conditions that may occur during the lease term or a renewal or extension: (1) damage from wastewater stoppages caused by foreign or improper objects in lines that exclusively serve the tenant's dwelling; (2) damage to doors, windows, or screens; and. (4) a judgment against the landlord for court costs and attorney's fees. A request by a government official or employee for information must be in writing. (b) Termination of a lease under this section is effective on the later of: (1) the 30th day after the date on which the notice under Subsection (a) was provided; or. 92.017. LIABILITY OF TENANT FOR GOVERNMENTAL FINES. This subchapter applies to all residential leases.