(g) A landlord is liable for any damage to a tenant's vehicle resulting from the negligence of a towing service that contracts with the landlord or the landlord's agent to remove vehicles that are parked in violation of the landlord's rules and policies if the towing company that caused the damage does not carry insurance that covers the damage. 1, eff. However, this subchapter does not prohibit the adoption of a local ordinance that conforms to this subchapter but which contains additional enforcement provisions. 5, eff. (d) A provision of a lease that purports to waive a right or exempt a party from a liability or duty under this section is void. 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. (e) This section does not apply if notice is actually hand delivered to and received by a person occupying the leased premises. (c) If the landlord gives the tenant the notice closing the rental unit: (1) before the tenant gives a repair notice to the landlord, the remedies of this subchapter do not apply; (2) after the tenant gives a repair notice to the landlord but before 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; or. (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. 869, Sec. (5) "Landlord" means a prospective landlord to whom a person makes application for rental of a dwelling. Sec. 357, Sec. Sec. 1, eff. (5) court costs and attorney's fees, excluding any attorney's fees for a cause of action for damages relating to a personal injury. 1, eff. 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. January 1, 2008. 917 (H.B. (b) If the tenant's lease is in writing, the lease may require the tenant's initial request for information to be written. 92.3515. (2) enter the payment date and amount in a record book maintained by the landlord. (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. $3 fee for the first page and $2 for each succeeding page (Texas Local Government Code, Section 118.011). (a) A landlord has a defense to liability under Section 92.165 if 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 this subchapter. 2, eff. (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. (4) the tenant has the right to install or rekey a security device required by this subchapter and deduct the reasonable cost from the tenant's next rent payment, as provided by Subsection (a)(1). or TAR (Texas Association of Realtors) form, then it comports with property code law and means what it says. 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. (b) At a minimum, an inspection under this section must include: (1) checking to ensure the fire extinguisher is present; and. Amended by Acts 1993, 73rd Leg., ch. Your written termination notice must include payment of the reletting fee listed in paragraph 28 of your lease agreement. LANDLORD LIABILITY AND TENANT REMEDIES; NOTICE AND TIME FOR REPAIR. If you turn in keys voluntarily you're technically moving out, forcing the landlord to put the unit back on the market, thus breaking the agreement. 576, Sec. (e) If a rule or policy change is made during the term of the lease agreement, the change: (A) apply to all of the landlord's tenants in the same multiunit complex and be based on necessity, safety or security of tenants, reasonable requirements for construction on the premises, or respect for other tenants' parking rights; or, (B) be adopted based on the tenant's written consent; and. Acts 1983, 68th Leg., p. 3639, ch. Join thousands of people who receive monthly site updates. NOTICE FOR DWELLING LOCATED IN FLOODPLAIN. Added by Acts 2005, 79th Leg., Ch. (d) The landlord must comply with the tenant's request for inspection or repair of a smoke alarm within a reasonable time, considering the availability of material, labor, and utilities. 869, Sec. 92.056. Acts 1983, 68th Leg., p. 3648, ch. 826, Sec. 200, Sec. (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 1989, 71st Leg., ch. 588 (S.B. Sec. 92.156. (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. Sec. REMEDIES. 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. (i) Except as provided by Subsection (j), 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. You should seek insurance coverage that would cover losses caused by a flood.". (3) of the charges for each option described by Subdivision (1) or (2). 17.01(44), eff. Sec. 3, eff. (a) A landlord that has an on-site management or superintendent's office for a residential rental property must provide to a tenant a telephone number that will be answered 24 hours a day for the purpose of reporting emergencies related to a condition of the leased premises that materially affects the physical health or safety of an ordinary tenant. (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. Sept. 1, 1995. 9, eff. 869, Sec. 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. (d) If a landlord knows that flooding has damaged any portion of a dwelling at least once during the five-year period immediately preceding the effective date of the lease, the landlord shall provide a written notice to a tenant that is substantially equivalent to the following: "(Landlord) ( ) is or ( ) is not aware that the dwelling you are renting has flooded at least once within the last five years.". Sept. 1, 1989; Acts 1989, 71st Leg., ch. The deferred payment plan must allow the tenant to pay the outstanding electric bill in installments that extend beyond the due date of the next electric bill and must provide that the delinquent amount may be paid in equal installments over a period equal to at least three electric service billing cycles. (2) actual expenses incurred by the landlord in securing the replacement, including a reasonable amount for the time of the landlord in securing the replacement tenant. Sept. 1, 1997. A landlord is presumed to have refunded a security deposit or made an accounting of security deposit deductions if, on or before the date required under this subchapter, the refund or accounting is placed in the United States mail and postmarked on or before the required date. Added by Acts 1995, 74th Leg., ch. Through social (c) In an action brought by a tenant under this subchapter, the landlord has the burden of proving that the retention of any portion of the security deposit was reasonable. This is referred to as the landlord's duty to "mitigate damages". (d) The tenant remedies under this section are effective on the date the tenant has notice from the utility company of a future cutoff or notice of an actual cutoff, whichever is sooner. Acts 1983, 68th Leg., p. 3645, ch. If a landlord removes any of the items listed in this subsection for a bona fide repair or replacement, the repair or replacement must be promptly performed. (b) A provision of a lease that purports to waive a right or to exempt a landlord from a liability or duty under this section is void. (3) included in an attachment to the lease agreement that is signed by the tenant, but only if the attachment is expressly referred to in the lease agreement. 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) Sept. 1, 1993. Acts 2011, 82nd Leg., R.S., Ch. From packing to loading, our team of experienced movers will take care of your personal belongings and make your move to your new home easy and stress-free. 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. 92.055. Jan. 1, 1996. Jan. 1, 1984. 23.011, eff. A landlord has a defense to liability under Section 92.202 or 92.203 if the tenant owes rent on the date the tenant gives a notice required by either of those sections. 3, eff. 2, eff. Find more help from the . 92.052. (b) If the dwelling has French doors, one door of each pair of French doors must meet the requirements of Subsection (a) and the other door must have: (1) a keyed dead bolt or keyless bolting device capable of insertion into the doorjamb above the door and a keyless bolting device capable of insertion into the floor or threshold, each with a bolt having a throw of one inch or more; or. Sec. Jan. 1, 1984. 1, eff. LANDLORD'S FAILURE TO DISCLOSE INFORMATION. This subchapter does not affect a duty of a landlord or a remedy of a tenant under Subchapter B regarding habitability. 21.001(97), eff. (5) If the new landlord violates this subsection, the new landlord is liable to the tenant for a civil penalty of one month's rent plus $2,000, actual damages, and attorney's fees. 92.060. (c) Repairs and deductions under this section may be made as often as necessary so long as the total repairs and deductions in any one month do not exceed one month's rent or $500, whichever is greater. EFFECT ON OTHER RIGHTS. Unlawful Early Move-Out And Reletting Charge. 92.057(b), (c) and amended by Acts 1995, 74th Leg., ch. Forfeiture of the right to collect damages and charges from the tenant is the exclusive remedy for the failure to provide the proper notice to the tenant. Reletting Expenses means such reasonable and necessary costs and expenses incurred by Landlord, incurred to relet the Premises, including without limitation, (1) repairs, alterations and additions in or to the Premises and preparing the Premises for new tenants, (2) altering locks and security devices to the Premises, (3) redecoration, remodeling Redesignated from Property Code Sec. 650, Sec. Except as otherwise required by this subchapter, a landlord may select the type, brand, and manner of installation, including placement, of a security device installed under this subchapter. 1303), Sec. Added by Acts 2019, 86th Leg., R.S., Ch. 650, Sec. (2) United States mail, addressed to the applicant and postmarked on or before the required date. September 1, 2011. 225 (S.B. January 1, 2020. Jan. 1, 1996. January 1, 2006. LIABILITY OF LANDLORD. 4, eff. Added by Acts 1995, 74th Leg., ch. Amended by Acts 1995, 74th Leg., ch. (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. (b) Notwithstanding this subchapter, a person licensed to install fire alarms or fire detection devices under Chapter 6002, Insurance Code, shall comply with that chapter when installing smoke alarms. 17.001(64), eff. (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. (a) A tenant of a landlord who is liable under Section 92.202, 92.203, or 92.204 may obtain or exercise one or more of the following remedies: (1) a court order directing the landlord to make a disclosure required by this subchapter; (2) a judgment against the landlord for an amount equal to the tenant's actual costs in discovering the information required to be disclosed by this subchapter; (3) a judgment against the landlord for one month's rent plus $100; (4) a judgment against the landlord for court costs and attorney's fees; and. Amended by Acts 1989, 71st Leg., ch. (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. (c-1) If the tenant is a victim or a parent or guardian of a victim of stalking under Section 42.072, 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 a protective order issued under Subchapter A or B, Chapter 7B, Code of Criminal Procedure, except for a temporary ex parte order; or. (h) Subject to Subsections (i), (j), (k), (m), and (o), a landlord who submeters electricity or allocates or prorates nonsubmetered master metered electricity may interrupt or cause the interruption of electric service for nonpayment by the tenant of an electric bill issued to the tenant if: (1) the landlord's right to interrupt electric service is provided by a written lease entered into by the tenant; (2) the tenant's electric bill is not paid on or before the 12th day after the date the electric bill is issued; (3) advance written notice of the proposed interruption is delivered to the tenant by mail or hand delivery separately from any other written content that: (A) prominently displays the words "electricity termination notice" or similar language underlined or in bold; (i) the date on which the electric service will be interrupted; (ii) a location where the tenant may go during the landlord's normal business hours to make arrangements to pay the bill to avoid interruption of electric service; (iii) the amount that must be paid to avoid interruption of electric service; (iv) a statement providing that when the tenant makes a payment to avoid interruption of electric service, the landlord may not apply that payment to rent or other amounts owed under the lease; (v) a statement providing that the landlord may not evict a tenant for failure to pay an electric bill when the landlord has interrupted the tenant's electric service unless the tenant fails to pay for the electric service after the electric service has been interrupted for at least two days, not including weekends or state or federal holidays; and, (vi) a description of the tenant's rights under Subsection (j) to avoid interruption of electric service if the interruption will cause a person residing in the tenant's dwelling to become seriously ill or more seriously ill; and, (C) is delivered not earlier than the first day after the bill is past due or later than the fifth day before the interruption date stated in the notice; and. Jan. 1, 1984. (2) "Landlord" means the owner, lessor, or sublessor of a dwelling, but does not include a manager or agent of the landlord unless the manager or agent purports to be the owner, lessor, or sublessor in an oral or written lease. Rent, application fees, rent paid in advance, and non-refundable fees . (h) A landlord who violates this section is liable to the tenant for actual damages, a civil penalty in an amount equal to the amount of one month's rent plus $500, and attorney's fees. A lease termination charge is a fee that allows you to break your lease early without any loss or risk of paying the entirety of rent due for the lease term. (3) a copy of the settled claim that documents payments made by the insurer to the landlord. ALTERNATIVE COMPLIANCE. 92.1031. Aug. 28, 1995; Acts 1995, 74th Leg., ch. 10.1 Your Responsibility. 899 (H.B. (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. 1, eff. (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. (6) "Required date" means the required date for any acceptance of the applicant under Section 92.352. INSTALLATION PROCEDURE. A tenant who in bad faith violates this section is liable to the landlord for an amount equal to three times the rent wrongfully withheld and the landlord's reasonable attorney's fees in a suit to recover the rent. Added by Acts 1995, 74th Leg., ch. A party who files or prosecutes a suit under Subchapter B, D, E, or F in bad faith or for purposes of harassment is liable to the defendant for one month's rent plus $100 and for attorney's fees. September 1, 2017. The tenant must also state orally under oath to the justice the facts of the alleged unlawful lockout. (C) an advocate as defined by Section 93.001, Family Code, who assisted the victim. 1420, Sec. Sec. 1, eff. 92.103. 2, eff. 744, Sec. (B) a doorknob lock that contains a bolt with at least a one-inch throw. Aug. 28, 1989. 917 (H.B. 1, eff. (4) a living unit in an apartment, condominium, cooperative, or townhome project. September 1, 2019. 1367), Sec. (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. Renumbered from Sec. 31.01(71), eff. 92.332 by Acts 1997, 75th Leg., ch. 7.002(o), eff. (2) increasing rent or reducing services as part of a pattern of rent increases or service reductions for an entire multidwelling project. (e) The affidavit must be delivered to the tenant by any of the following methods: (2) certified mail, return receipt requested, to the tenant; or. Sec. (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. September 1, 2017. (b) A landlord shall perform additional rekeying or change a security device at the tenant's expense if requested by the tenant. WAIVER. (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. Landlord's Responsibility to Re-rent in Texas According to Tex. 10, eff. 1367), Sec. Reletting is your best course of action if you need to terminate your lease agreement for any reason. A waiver under this section must be signed and in writing in a document separate from the lease and must comply with federal law. 576, Sec. (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. (3) the tenant is entitled to any defenses to payment against the insurer as against the landlord. For purposes of this subsection, a tenant suffers a substantial loss or damage to personal property if the total cost of repairs to or replacement of the personal property is 50 percent or more of the personal property's market value on the date the flooding occurred. 257 (H.B. (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. Acts 1983, 68th Leg., p. 3651, ch. 1, eff. Sept. 1, 1993. VENUE. (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. 1783), Sec. 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. A reconnection fee may not be applied unless agreed to by the tenant in a written lease that states the exact dollar amount of the reconnection fee. Added by Acts 2019, 86th Leg., R.S., Ch. If the blank was filled in for the lease at issue, the landlord can probably claim a reletting fee. Sec. Added by Acts 2009, 81st Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. (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. 1, eff. Sept. 1, 1993. 92.024. A tenant may request that the landlord provide to the tenant a written statement of whether the tenant owes a late fee to the landlord and, if so, the amount of the late fee. (b) A landlord who in bad faith does not provide a written description and itemized list of damages and charges in violation of this subchapter: (1) forfeits the right to withhold any portion of the security deposit or to bring suit against the tenant for damages to the premises; and. Acts 1983, 68th Leg., p. 3650, ch. (3) that the guarantor is liable under a renewal of the lease only if the renewal: (A) involves the same parties as the original lease; and. 6, eff. The screw hooks must be at least three inches in length and must be screwed into the door frame stud or wall stud on each side of the door. 1, eff. (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. 92.162. 92.2571. (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. (b) If after a casualty loss the rental premises are as a practical matter totally 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, either the landlord or the tenant may terminate the lease by giving written notice to the other any time before repairs are completed. Amended by Acts 1989, 71st Leg., ch. Sec. Jan. 1, 1984. 83), Sec. Sec. Sept. 1, 1993. (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. 5, eff. January 1, 2010. Jan. 1, 1984. Amended by Acts 1993, 73rd Leg., ch. 92.255. Acts 1983, 68th Leg., p. 3651, ch. Sept. 1, 1989. (e) A landlord and a tenant may agree for the tenant to repair or remedy, at the tenant's expense, any condition covered by Subchapter B if all of the following conditions are met: (1) at the beginning of the lease term the landlord owns only one rental dwelling; (2) at the beginning of the lease term the dwelling is free from any condition which would materially affect the physical health or safety of an ordinary tenant; (3) at the beginning of the lease term the landlord has no reason to believe that any condition described in Subdivision (2) of this subsection is likely to occur or recur during the tenant's lease term or during a renewal or extension; and. (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. (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. Amended by Acts 1995, 74th Leg., ch. Sec. 576, Sec. 1, eff. 531), Sec. (C) taping the notice to the inside of the main entry door of the tenant's dwelling. 92.002. (1) "Adult" means an individual 18 years of age or older. (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. LANDLORD'S FAILURE TO CORRECT INFORMATION. Sept. 1, 1993. The customer must provide the notice by mail to the tenant's or owner's preferred mailing address or hand deliver the notice to the tenant or owner. (c) Affidavits under this section may delay repair by the tenant for: (1) 15 days if the landlord's failure to repair is caused by a delay in obtaining necessary parts for which the landlord is not at fault; or. (e) A correction to the information may be made by any of the methods authorized for providing the information. 4, eff. 3, eff. Sec. Jan. 1, 1996. 1, eff. 1, eff. 92.011. Sept. 1, 1993; Acts 1995, 74th Leg., ch. Sec. (d) A landlord authorized by this subchapter to charge a tenant for repairing, installing, changing, or rekeying a security device under this subchapter may not require the tenant to pay more than the total cost charged by a third-party contractor for material, labor, taxes, and extra keys.

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