1510), Sec. Acts 2017, 85th Leg., R.S., Ch. (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. 10, eff. Amended by Acts 1995, 74th Leg., ch. 917 (H.B. September 1, 2013. (4) a judgment against the landlord for court costs and attorney's fees. What is an apartment relenting fee? - Answers The nonprevailing party in a suit under this section is liable to the prevailing party for reasonable attorney's fees and court costs. 744, Sec. (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. 92.254. The duties of a landlord and the remedies of a tenant under this subchapter are in lieu of existing common law and other statutory law warranties and duties of landlords for maintenance, repair, security, habitability, and nonretaliation, and remedies of tenants for a violation of those warranties and duties. 221 (H.B. 357, Sec. Sec. (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. 1, eff. Acts 2007, 80th Leg., R.S., Ch. 1, eff. (e) If the requirements of Subsection (d) of this section are met, a tenant may: (1) have the condition repaired or remedied immediately following the tenant's notice of intent to repair if the condition involves sewage or flooding as referred to in Paragraph (A) of Subdivision (3) of Subsection (d) of this section; (2) have the condition repaired or remedied if the condition involves a cessation of potable water as referred to in Paragraph (A) of Subdivision (3) of Subsection (d) of this section and if the landlord has failed to repair or remedy the condition within three days following the tenant's delivery of notice of intent to repair; (3) have the condition repaired or remedied if the condition involves inadequate heat or cooled air as referred to in Paragraph (C) of Subdivision (3) of Subsection (d) of this section and if the landlord has failed to repair the condition within three days after delivery of the tenant's notice of intent to repair; or. September 1, 2007. 92.201. 234), Sec. 1, eff. A repair bill and receipt may be the same document. (a) A monthly tenancy or a tenancy from month to month may be terminated by the tenant or the landlord giving notice of termination to the other. Acts 2009, 81st Leg., R.S., Ch. 92.057(b), (c) and amended by Acts 1995, 74th Leg., ch. (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. DEFINITIONS. Added by Acts 2015, 84th Leg., R.S., Ch. 1186), Sec. Sec. This subchapter applies to all residential leases. (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. A tenant's guest or invitee who suffers damage because the tenant removed a battery without immediately replacing it with a working battery or because the tenant knowingly disconnected or intentionally damaged the smoke alarm, causing it to malfunction, may recover a judgment against the tenant for the damage. 689, Sec. 31.01(71), eff. 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. 92.012. January 1, 2010. (a) Except as provided in Subsection (b), a landlord is presumed to have given notice of an applicant's acceptance or rejection if the notice is by: (1) telephone to the applicant, co-applicant, or a person living with the applicant or co-applicant on or before the required date; or. (b) A tenant may terminate the tenant's rights and obligations under a lease and may vacate the dwelling and avoid liability for future rent and any other sums due under the lease for terminating the lease and vacating the dwelling before the end of the lease term if the tenant complies with Subsection (c). Acts 2007, 80th Leg., R.S., Ch. Texas Laws About Breaking a Lease | Caretaker 15, eff. (f) A tenant who elects to terminate the lease under Subsection (e) is: (1) entitled to a pro rata refund of rent from the date of termination or the date the tenant moves out, whichever is later; (2) entitled to deduct the tenant's security deposit from the tenant's rent without necessity of lawsuit or obtain a refund of the tenant's security deposit according to law; and. However, this subchapter does not prohibit the adoption of a local ordinance that conforms to this subchapter but which contains additional enforcement provisions. (g) eff. LANDLORD'S FAILURE TO INSTALL, INSPECT, OR REPAIR. 576, Sec. 1293), Sec. 1, eff. Aug. 28, 1989. (e) The landlord is entitled to a hearing on the tenant's sworn complaint for restoration of utility service. 92.054. 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. 2, eff. 1, eff. 1, eff. 4, eff. ADDITIONAL ENFORCEMENT BY LOCAL ORDINANCE. The notice shall also contain a reasonable description of the intended repair or remedy. Sec. texas property code reletting fee - customhomeblog.com Sec. Sept. 1, 2001. (a) A smoke alarm must be: (1) designed to detect both the visible and invisible products of combustion; (2) designed with an alarm audible to a person in the bedrooms it serves; and. January 1, 2008. 225 (S.B. (g) A tenant's right to vacate a dwelling and avoid liability under Section 92.016 or 92.017 may not be waived by a tenant or a landlord, except as provided by those sections. Section 92.259 of the Texas Property Code This section allows a tenant whose landlord did not install, inspect, or repair a smoke alarm in accordance with the law the right to break the lease without going to court. (c) If the tenant has complied with Subsection (b) and if the justice reasonably believes an unlawful utility disconnection has likely occurred, the justice may issue, ex parte, a writ of restoration of utility service that entitles the tenant to immediate and temporary restoration of the disconnected utility service, pending a final hearing on the tenant's sworn complaint. 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. 1, eff. (e) A fee collected under this section may be used to purchase insurance coverage for damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease. 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. (C) designed to prevent the door from being opened. (2) "Dwelling unit" means a home, mobile home, duplex unit, apartment unit, condominium unit, or any dwelling unit in a multiunit residential structure. LIABILITY OF LANDLORD. If neither box is checked, you should assume the dwelling is in a 100-year floodplain. Another good online resource for tenants can be found at www.texaslawhelp.org. . Added by Acts 1999, 76th Leg., ch. Sept. 1, 1993; Acts 1995, 74th Leg., ch. Sept. 1, 1993. (2) may not be effective before the 14th day after the date notice of the change is delivered to the tenant, unless the change is the result of a construction or utility emergency. (b) A tenant may not unilaterally terminate the lease under Subsection (a)(2) or file suit against the landlord to obtain a judgment under Subsection (a)(4) unless the landlord does not comply on or before the seventh day after the date the written request for compliance is received if the lease includes language underlined or in boldface print that in substance provides the tenant with notice that: (1) the landlord at the landlord's expense is required to equip the dwelling, when the tenant takes possession, with the security devices described by Sections 92.153(a)(1)-(4) and (6); (2) the landlord is not required to install a doorknob lock or keyed dead bolt at the landlord's expense if the exterior doors meet the requirements of Section 92.153(f); (3) the landlord is not required to install a keyless bolting device at the landlord's expense on an exterior door if the landlord is expressly required or permitted to periodically check on the well-being or health of the tenant as provided by Section 92.153(e)(3); and. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 969 (H.B. 8, eff. 744, Sec. (g) A party may appeal from the court's judgment at the hearing on the sworn complaint for restoration of utility service in the same manner as a party may appeal a judgment in a forcible detainer suit. 92.201. Written Notice: The clause will specify how much written notice the tenant must give the landlord to end a lease early. 92.061. Sec. The re-let fee does not include any cleaning or repair fees you are charged. 165, Sec. 17.001(64), eff. Acts 2007, 80th Leg., R.S., Ch. 92.111. This subchapter does not affect a duty of a landlord or a remedy of a tenant under Subchapter B regarding habitability. In any litigation under this subsection, the prevailing party shall recover reasonable attorney's fees from the nonprevailing party. 899 (H.B. 5, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. (b) If at the time a lease agreement is executed a landlord has vehicle towing or parking rules or policies that apply to the tenant, the landlord shall provide to the tenant a copy of the rules or policies before the lease agreement is executed. 576, Sec. 92.013. (e) This section does not apply to a landlord's duty to install or rekey, without necessity of a tenant's request, a security device under Section 92.153 or 92.156(a). How to Break a Lease with No Penalty Fees in Texas | Caretaker Added by Acts 2019, 86th Leg., R.S., Ch. 744, Sec. 869, Sec. 593 (S.B. (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. (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. (3) including the information in a copy of the tenant's lease or in written rules given to the tenant before the tenant requests the information. (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. Sec. 1, eff. (g) 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. 576, Sec. (c) Disclosure of information to a tenant may be made under Subdivision (1) or (2) of Subsection (b) before the tenant requests the information. 1414), Sec. 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) 1, eff. 48, Sec. 576, Sec. Added by Acts 2007, 80th Leg., R.S., Ch. 1, 3, eff. REMEDIES. 1367), Sec. Reletting is your best course of action if you need to terminate your lease agreement for any reason. Amended by Acts 1989, 71st Leg., ch. Sec. POSSESSION OF FIREARMS OR FIREARM AMMUNITION ON LEASED PREMISES. 3, eff. There is always an early . (e) A landlord may not change the locks on the door of a tenant's dwelling under Subsection (b)(3) on a day, or on a day immediately before a day, on which the landlord or other designated individual is not available, or on which any on-site management office is not open, for the tenant to tender the delinquent rent. January 1, 2006. (a) At a tenant's request made at any time, a landlord, at the tenant's expense, shall install: (1) a keyed dead bolt on an exterior door if the door has: (A) a doorknob lock but not a keyed dead bolt; or, (B) a keyless bolting device but not a keyed dead bolt or doorknob lock; and. Acts 1983, 68th Leg., p. 3632, ch. Jan. 1, 1984. September 1, 2021. REMEDIES. Sec. Aug. 31, 1987. 92.152. 952, Sec. (m) This section does not affect the rights of a landlord or tenant in a forcible detainer or forcible entry and detainer action. Aug. 28, 1989. 650, Sec. 394 (H.B. 92.058. texas property code reletting fee; Posted on June 29, 2022; By . (h) If a landlord violates this section, the tenant may: (2) recover from the landlord a civil penalty of one month's rent plus $1,000, actual damages, court costs, and reasonable attorney's fees in an action to recover property damages, actual expenses, or civil penalties, less any delinquent rent or other sums for which the tenant is liable to the landlord. Is there a way to avoid unlawful early move-out and reletting 92.205. Sec. https://texas.public.law/statutes/tex._prop._code_section_92.019. The tenant may unilaterally terminate the lease or exercise other remedies under Sections 92.164 and 92.165 after receiving written notice from a management company that the owner of the dwelling has not provided or will not provide funds to repair, install, change, replace, or rekey a security device as required by this subchapter. Jan. 1, 1996. (3) changing the door locks on the door to the tenant's individual unit of a tenant who is delinquent in paying at least part of the rent. (b) If the tenant's lease is in writing, the lease may require the tenant's initial request for information to be written. Charging a reletting (early termination) fee by Anonymous (Texas) on May 13, 2014 @14:19 Share | Is it legal (or common practice) to charge a reletting fee if: a) the tenant gave a few months' notice and b) the new tenant moved in the same day the previous tenant moved out and c) the new tenant was found with no financial cost to the landlord? (6) the tenant was not delinquent in the payment of rent at the time any notice required by this subsection was given. Section 207.003 of the Texas Property Code governs the requirement for a residential subdivision or townhome to provide a resale certificate to an owner upon request as well as the consequences for an association who fails to comply with such a request. 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. 469 (H.B. 869, Sec. Termination of a lease under this subsection is effective when the tenant surrenders possession of the dwelling. If a rental premises is, as a practical matter, totally unusable for residential purposes as a result of a natural disaster such as a hurricane, tornado, flood, extended freeze, or widespread windstorm, a landlord that allows a tenant to move to another rental unit owned by the landlord may not require the tenant to execute a lease for a term longer than the term remaining on the tenant's lease on the date the premises was rendered unusable as a result of the natural disaster. (2) more than once during a rental payment period. (e) Repealed by Acts 2009, 81st Leg., R.S., Ch. 2.28, eff. Aug. 28, 1989. (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 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. (3) "Exterior door" means a door providing access from a dwelling interior to the exterior. LANDLORD'S FAILURE TO DISCLOSE INFORMATION. 1051 (H.B. 1, eff. Added by Acts 1995, 74th Leg., ch. Sec. (c) An individual who owns or leases a dwelling within 3,000 feet of a dwelling as to which a landlord has violated this section, or a governmental entity or civic association acting on behalf of the individual, may file suit against a landlord to enjoin the violation. WAIVER. Sec. These expenses cover marketing and qualifying new tenants. Sec. Amended by Acts 2001, 77th Leg., ch. (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. Sept. 1, 1997. Section 4001 et seq.). Added by Acts 2005, 79th Leg., Ch. (c) A landlord who fails to give notice as required by this section is liable to the tenant for any expense incurred by the tenant as a result of the landlord's failure to give the notice. PDF Tenants' Rights Handbook - Texas Tech University 92.104. 1, eff. (d) This section does not apply to locks on closet doors or other interior doors. 1205, Sec. The re-let fee is turned in at the same time as your keys once you have officially moved out. Amended by Acts 1995, 74th Leg., ch. Jan. 1, 1984. (B) to deploy with a military unit for a period of 90 days or more. (a) A person other than a tenant who guarantees a lease is liable only for the original lease term except that a person may specify that the person agrees to guarantee a renewal of the lease as provided by Subsection (b). (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. (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. 1112, Sec. NOTICE OF ELIGIBILITY REQUIREMENTS. (b) If within the time allowed under Section 92.162(c) a landlord requests advance payment of charges that the landlord is entitled to collect under that section, the landlord shall comply with a tenant's request under Section 92.156(b), 92.157(a), or 92.157(b) within a reasonable time. (4) "Deposited" means deposited in an account of the landlord or the landlord's agent in a bank or other financial institution. (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. 5, eff. 1099), Sec. Added by Acts 2009, 81st Leg., R.S., Ch. Sec. 92.052. 576, Sec. 92.158. Acts 2015, 84th Leg., R.S., Ch. 92.262. Jan. 1, 1998. 48, Sec. 92.1041. 1420, Sec. PDF T Exas a Ssociation of R Ealtors Residential Lease 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. The tenant has the burden of proving that the misuse or damage was caused by another party. 588 (S.B. Added by Acts 2015, 84th Leg., R.S., 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. (2) documentation of the stalking from a provider of services described by Subsection (c)(1), (2), or (3) and: (A) a law enforcement incident report or, if a law enforcement incident report is unavailable, another record maintained in the ordinary course of business by a law enforcement agency; and. The same if you're forced to move out because of lease violations. Acts 1983, 68th Leg., p. 3648, 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) Notice under this section must be in writing and may be given in person, by mail, or by delivery to the premises. (3) the tenant is entitled to any defenses to payment against the insurer as against the landlord. Aug. 28, 1989. 14, eff. 1399), Sec. However . 1205, Sec. (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. June 17, 2005, except Subsec. 92.331 by Acts 1997, 75th Leg., ch. TENANT REMEDIES. 31.01(71), eff. (d) A landlord who fails either to return a security deposit or to provide a written description and itemization of deductions on or before the 30th day after the date the tenant surrenders possession is presumed to have acted in bad faith. (b) A landlord who receives a cash rental payment shall: (1) provide the tenant with a written receipt; and. Sept. 1, 1993; Acts 1999, 76th Leg., ch. Added by Acts 1989, 71st Leg., ch. Amended by Acts 1985, 69th Leg., ch. 1168), Sec. (b) If a smoke alarm powered by battery has been installed in a dwelling unit built before September 1, 1987, in compliance with this subchapter and local ordinances, a local ordinance may not require that a smoke alarm powered by alternating current be installed in the unit unless: (1) the interior of the unit is repaired, remodeled, or rebuilt at a projected cost of more than $5,000 and: (A) the repair, remodeling, or rebuilding requires a municipal building permit; and, (i) the repair, remodeling, or rebuilding results in the removal of interior walls or ceiling finishes exposing the structure; or. (d-1) The notice in Subsection (d)(2) must be in a separate document furnished to the tenant after the landlord has discovered that the tenant has disconnected or damaged the smoke alarm or removed a battery from it. (9) "Possession of a dwelling" means occupancy by a tenant under a lease, including occupancy until the time the tenant moves out or a writ of possession is issued by a court. Amended by Acts 1985, 69th Leg., ch. If the person disobeyed the writ before receiving the show cause order but has complied with the writ after receiving the order, the justice may find the person in contempt and assess punishment under Section 21.002(c), Government Code. (a) The tenant may not withhold payment of any portion of the last month's rent on grounds that the security deposit is security for unpaid rent. (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. (b) The new owner shall deliver to the tenant a signed statement acknowledging that the new owner has acquired the property and is responsible for the tenant's security deposit and specifying the exact dollar amount of the deposit. (b) A landlord's rejection of one co-applicant shall be deemed as a rejection of all co-applicants. (B) does not increase the guarantor's potential financial obligation for rent that existed under the original lease. Senate Bill 1588 modifies Section 209.0064 of the Texas Property Code, which requires written notice of a delinquent account be sent to property owners by a property owners association that administers a subdivision development before the property owner can be made liable for the fees of a collection agent. 2, eff. 92.0081. (4) the fee, unless otherwise specified, is not paying for insurance that covers the tenant or otherwise changes the tenant's obligation to pay rent and damages beyond normal wear and tear. Acts 1983, 68th Leg., p. 3641, ch. 48, Sec. (a) A cause of action does not accrue against a landlord or a landlord's manager or agent solely for leasing a dwelling to a tenant convicted of, or arrested or placed on deferred adjudication for, an offense. (B) if the report or record described by Paragraph (A) identifies the victim by means of a pseudonym, as defined by Article 58.001, Code of Criminal Procedure, a copy of a pseudonym form completed and returned under Article 58.152(a) of that code. LANDLORD LIABILITY TO TENANT FOR UTILITY CUTOFF. (b) If a rental applicant requests that any acceptance of the applicant or any refund of the applicant's application deposit be mailed to the applicant, the landlord must mail the refund check to the applicant at the address furnished by the applicant. 1198 (S.B. (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. (ii) the interior of the unit provides access for building wiring through an attic, crawl space, or basement without the removal of interior walls or ceiling finishes; (2) an addition occurs to the unit at a projected cost of more than $5,000; (3) a smoke alarm powered by alternating current was actually installed in the unit at any time prior to September 1, 1987; or. (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. Sec. 1120), Sec. BURDEN OF PROOF. 1, eff. Misuse of or damage to a security device that occurs during the tenant's occupancy is presumed to be caused by the tenant, a family member, an occupant, or a guest. LANDLORD 'S DEFENSE. 3, eff. Added by Acts 2013, 83rd Leg., R.S., Ch. (d) Subsections (a) and (b) apply only when a tenant is in possession of a dwelling. Sec. (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. A landlord may not require a tenant to pay for other repairs or replacements of a security device except as provided by Subsections (b), (c), and (d). The term does not include occupancy before the initial occupancy date authorized under a lease. (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. 576, Sec. 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. (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. (b) If written notice of the name and business street address of the company that manages the dwelling has been given to the tenant, the management company is the owner's sole agent for service of process.