texas property code reletting fee

(c) If the property is located in a municipality, the customer shall provide the same notice described by Subsection (b) to the governing body of that municipality by certified mail. Added by Acts 2019, 86th Leg., R.S., Ch. or TAR (Texas Association of Realtors) form, then it comports with property code law and means what it says. 2.63, eff. Amended by Acts 1987, 70th Leg., ch. The term does not include dates of entry or occupation not authorized by the landlord. If you move out before your lease is up, your landlord may subtract a reletting fee from your security deposit. 92.351. A party who prevails in a suit under this subsection may recover court costs and reasonable attorney's fees from the other party. 92.332 by Acts 1997, 75th Leg., ch. Jan. 1, 1984. (2) impose monetary or other penalties on a tenant who summons police or emergency assistance if the assistance was requested or dispatched based on the tenant's reasonable belief that an individual was in need of intervention or emergency assistance. AGENTS FOR DELIVERY OF NOTICE. Amended by Acts 1995, 74th Leg., ch. RETENTION OF SECURITY DEPOSIT; ACCOUNTING. 1, eff. Jan. 1, 1984. Acts 2015, 84th Leg., R.S., Ch. (b) The notice must be given in person or by mail to the affected tenant. 794, Sec. Mark as helpful. If, after a landlord has notified a tenant in writing of (1) the illegality of the tenant's rent withholding or the tenant's proposed repair and (2) the penalties of this subchapter, the tenant withholds rent, causes repairs to be performed, or makes rent deductions for repairs in bad faith violation of this subchapter, the landlord may recover from the tenant a civil penalty of one month's rent plus $500. 921 (H.B. 4, eff. Texas Property Code Ann. Acts 1983, 68th Leg., p. 3648, ch. 576, Sec. Sec. Jan. 1, 1984. LANDLORD'S DEFENSE. Sec. However, the landlord's duty to repair or remedy conditions covered by this subchapter may not be waived except as provided by Subsection (e) or (f) of Section 92.006. 92.011. 92.201. (m) This section does not affect the rights of a landlord or tenant in a forcible detainer or forcible entry and detainer action. (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. 3, eff. 1, eff. Acts 2009, 81st Leg., R.S., Ch. 4, eff. If neither box is checked, you should assume the dwelling is in a 100-year floodplain. Sept. 1, 1993; Acts 1999, 76th Leg., ch. Added by Acts 1989, 71st Leg., ch. 8, eff. A repair bill and receipt may be the same document. Added by Acts 1995, 74th Leg., ch. Acts 1983, 68th Leg., p. 3645, ch. Sec. The landlord's duty of inspection and repair of smoke alarms under Subchapter F may be waived only by written agreement. If a violation (s) is identified at the time of the City's comprehensive inspection, a follow-up inspection will be required. (b) A smoke alarm must be installed on a ceiling or wall. 1, eff. (6) unilateral termination of the lease without a court proceeding if the landlord violates Section 92.259(a)(2). (j) This section does not affect a tenant's right to pursue a separate cause of action under Section 92.0081. Reletting fees are allowed under Texas state law, but they can't be so high they would be considered excessive by a judge. Jan. 1, 1984. Added by Acts 1995, 74th Leg., ch. 92.201. Added by Acts 1993, 73rd Leg., ch. EXEMPTIONS. Acts 1983, 68th Leg., p. 3632, ch. Acts 2015, 84th Leg., R.S., Ch. 92.331. (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. 5, eff. (p) A landlord who provides notice in accordance with Subsection (h) may not apply a payment made by a tenant to avoid interruption of electric service or reestablish electric service to rent or any other amounts owed under the lease. 2, eff. (c) In addition to other remedies provided by law, if a landlord violates this section, a tenant is entitled to recover from or against the landlord: (1) a civil penalty in an amount equal to one month's rent; (2) actual damages suffered by the tenant as a result of the landlord's violation of this section; (5) reasonable attorney's fees incurred by the tenant in seeking enforcement of this section. Jan. 1, 1984. Amended by Acts 2001, 77th Leg., ch. (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. (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. 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. 357, Sec. LIABILITY FOR WITHHOLDING LAST MONTH'S RENT. 1, eff. This is also known as assignment of the lease to a new party. 92.024. September 1, 2015. (d) In a written lease or other agreement, a landlord and a tenant may agree to a procedure different than the procedure in this section for removing, storing, or disposing of property in the leased premises of a deceased tenant. (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). SECURITY DEVICES REQUESTED BY TENANT. 3101), Sec. (f) If the tenant decides to pay a fee in lieu of a security deposit and the landlord purchases insurance coverage as described by Subsection (e), an agreement required under Subsection (c) must clearly specify the following terms: (1) the fee is being paid only to secure occupancy without a requirement of paying a security deposit; (2) the fee, unless otherwise specified, is not refundable; (3) payment of the fee, unless otherwise specified, does not eliminate, release, or otherwise limit the requirements of the lease, including that the tenant must pay for: (B) damages for which the tenant is legally liable under the lease, other than normal wear and tear; and. REPAIR OR CLOSING OF LEASEHOLD. (f) If a landlord, after being furnished with a copy of this subchapter, knowingly violates Subsection (c), the landlord shall be liable to the estate of the deceased tenant for actual damages. (d) The requirements of this section do not apply to a keyed dead bolt or a keyless bolting device in one door of a pair of French doors that is installed in accordance with the requirements of Section 92.153(b)(1) or (2). 165, Sec. (a) A party who prevails in a suit brought under this subchapter or Subchapter B, E, or F may recover the party's costs of court and reasonable attorney's fees in relation to work reasonably expended. Amended by Acts 1993, 73rd Leg., ch. 689, Sec. PDF Tenants' Rights Handbook - Texas Tech University (h) A tenant's right to a jury trial in an action brought under this chapter may not be waived in a lease or other written agreement. Renumbered from Property Code Sec. 475, Sec. A landlord shall provide to the tenant in a multiunit complex, as that term is defined by Section 92.151, a copy of any applicable vehicle towing or parking rules or policies of the landlord and any changes to those rules or policies as provided by Section 92.0131. 650, Sec. (a) A landlord or a landlord's agent may not interrupt or cause the interruption of utility service paid for directly to the utility company by a tenant unless the interruption results from bona fide repairs, construction, or an emergency. (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. (2) at the time the tenant receives such evidence, the tenant has not yet terminated the lease or filed suit under this section. Sec. Security Deposit Refund Texas Renters Rights Law (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. Acts 2007, 80th Leg., R.S., Ch. 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. 10, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. INVALID COMPLAINTS. ATTORNEY'S FEES. (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. Sept. 1, 1997. 869, Sec. Sec. (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. (4) a judgment against the tenant for reasonable attorney's fees. A party who prevails in a suit brought under this subsection may recover court costs and reasonable attorney's fees from the other party. Added by Acts 1989, 71st Leg., ch. 683, Sec. Tweet Twitter . (b) Disclosure to a tenant under Subsection (a) must be made by: (1) giving the information in writing to the tenant on or before the seventh day after the day the landlord receives the tenant's request for the information; (2) continuously posting the information in a conspicuous place in the dwelling or the office of the on-site manager or on the outside of the entry door to the office of the on-site manager on or before the seventh day after the date the landlord receives the tenant's request for the information; or. Acts 2017, 85th Leg., R.S., Ch. 4, eff. Added by Acts 2019, 86th Leg., R.S., Ch. Sec. 1) Negotiate with your landlord Sec. 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. 5, eff. 576, Sec. (b) Except as provided by Section 92.255(b), a smoke alarm may be powered by battery, alternating current, or other power source as required by local ordinance. 48, Sec. Jan. 1, 1996. Jan. 1, 1996. (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. (o) A landlord may not interrupt or cause the interruption of electric service under Subsection (h) for any of the following reasons: (1) a delinquency in payment for electric service furnished to a previous tenant; (2) failure to pay non-electric bills, rent, or other fees; (3) failure to pay electric bills that are six or more months delinquent; or. Sept. 1, 2001. (d) This section does not affect the obligations or liability of the tenant or the tenant's estate under the lease before the lease is terminated under this section, including the liability of the tenant or the tenant's estate for: (2) damages to the leased premises not caused by normal wear and tear. 882), Sec. Sept. 1, 1993; Acts 1995, 74th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. (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. SUBCHAPTER E. DISCLOSURE OF OWNERSHIP AND MANAGEMENT. 91.001. 1, eff. 869, Sec. Notice: 92.019, Property Code prohibits assessing a late fee until rent has remained unpaid for at least one full day after the date on which the rent is due. (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. (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. (e) A correction to the information may be made by any of the methods authorized for providing the information. Sec. 92.003. Amended by Acts 1985, 69th Leg., ch. 576, Sec. 92.054. 7, eff. 31.01(71), eff. (c) This subchapter does not require the landlord: (1) to furnish utilities from a utility company if as a practical matter the utility lines of the company are not reasonably available; or. 869, Sec. Can we be forced to pay 2 extra months of rent and a reletting fee plus REMEDIES. Payment of the fee, charge, or other sum of money by a tenant does not waive the right or remedies provided by this section. (l) The fee for filing a sworn complaint for reentry is the same as that for filing a civil action in justice court. 1, eff. (a) The landlord shall inspect and repair a smoke alarm according to this section. 12, eff. A managing agent, leasing agent, or resident manager is the agent of the landlord for purposes of notice and other communications required or permitted by this subchapter. 92.059 and amended by Acts 1995, 74th Leg., ch. (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. Jan. 1, 1984. 92.006. (d) The writ of restoration of utility service must be served on either the landlord or the landlord's management company, on-premises manager, or rent collector in the same manner as a writ of possession in a forcible detainer suit. 1, eff. The tenant must also state orally under oath to the justice the facts of the alleged unlawful lockout. 69), Sec. (b) A landlord shall provide to a tenant a written notice substantially equivalent to the following: "(Landlord) ( ) is or ( ) is not aware that the dwelling you are renting is located in a 100-year floodplain. SECURITY DEPOSIT. September 1, 2019. Amended by Acts 1995, 74th Leg., ch. (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. Reletting is a penalty for breaking your lease. (b) Unless otherwise provided in a written lease, a tenant shall provide one duplicate of the key to any key-operated security device installed or rekeyed by the tenant under Section 92.164(a)(1) or 92.165(1) within a reasonable time after the landlord's written request for the key. 48, 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. A managing or leasing agent, whether residing or maintaining an office on-site or off-site, is the agent of the landlord for purposes of notice and other communications required or permitted by this subchapter. (d) A customer is not required to provide the notices described by this section if the customer avoids the disconnection by paying the bill. TENANT'S JUDICIAL REMEDIES. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Added by Acts 2011, 82nd Leg., R.S., Ch. DEFINITIONS. If a landlord offers a tenant the option of paying a fee in lieu of a security deposit, the landlord: (1) shall offer the tenant the option to instead pay a security deposit; and. 601 (H.B. Sec. Acts 1983, 68th Leg., p. 3630, ch. 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. BURDEN OF PROOF. Sec. Jan. 1, 1984. January 1, 2010. 18 (S.B. 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". (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. 357, Sec. (h) A security device required by this section must be operable throughout the time a tenant is in possession of a dwelling. 48, Sec. (last accessed Jun. They must notify the landlord in writing of their wish to have the smoke alarm installed or repaired before doing so. Added by Acts 2015, 84th Leg., R.S., Ch. Acts 1983, 68th Leg., p. 3647, ch. (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. LANDLORD'S DUTY TO PROVIDE COPY OF LEASE. 1072 (H.B. It prohibits them for withholding a portion of the deposit for repairs of conditions caused by normal wear and tear. January 1, 2008. 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. 1, eff. (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). This subchapter does not impose obligations on a landlord or tenant other than those expressly stated in this subchapter. (k) If the landlord repairs or remedies the condition or delivers an affidavit for delay under Section 92.0562 to the tenant after the tenant has contacted a repairman but before the repairman commences work, the landlord shall be liable for the cost incurred by the tenant for the repairman's trip charge, and the tenant may deduct the charge from the tenant's rent as if it were a repair cost. (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. Jan. 1, 1996. Added by Acts 2013, 83rd Leg., R.S., Ch. 92.161. Location: LANDLORD LIABILITY AND TENANT REMEDIES; NOTICE AND TIME FOR REPAIR. 1198 (S.B. Sec. 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. 2, eff. 942, Sec. (b) A tenant may, without request from the landlord, provide the landlord with the information in Subsection (a). LANDLORD'S AGENT FOR SERVICE OF PROCESS. 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. Is subletting legal in North Carolina? Acts 2011, 82nd Leg., R.S., Ch. (d) A landlord may not intentionally prevent a tenant from entering the leased premises under Subsection (b)(3) unless: (1) the landlord's right to change the locks because of a tenant's failure to timely pay rent is placed in the lease; (2) the tenant is delinquent in paying all or part of the rent; and. (q) The landlord may not evict a tenant for failure to pay an electric bill when the landlord has interrupted the tenant's electric service under Subsection (h) 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.