(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. Sec. Amended by Acts 1995, 74th Leg., ch. NOTICE OF RULE OR POLICY CHANGE AFFECTING TENANT'S PERSONAL PROPERTY. 18 (S.B. 1112, Sec. September 1, 2021. 92.010. (2) within a reasonable time after receiving a written request by a tenant. 126, Sec. The copy of the rules or policies must be: (2) included in a lease agreement signed by the tenant; or. 1, Sept. 1, 1995. (C) damage the property of the landlord, other tenants, or neighbors. They must notify the landlord in writing of their wish to have the smoke alarm installed or repaired before doing so. January 1, 2010. (B) 48 inches from the floor, if installed on or after September 1, 1993. (c) This section does not create a cause of action or expand an existing cause of action. (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. 92.1641. (f) If the landlord fails to request a hearing on the tenant's sworn complaint for reentry before the eighth day after the date of service of the writ of reentry on the landlord under Subsection (d), a judgment for court costs may be rendered against the landlord. (a) A landlord shall accept a tenant's timely cash rental payment unless a written lease between the landlord and tenant requires the tenant to make rental payments by check, money order, or other traceable or negotiable instrument. 576, Sec. NOTICE OF TENANT'S DEDUCTION OF REPAIR COSTS FROM RENT. This chapter applies only to the relationship between landlords and tenants of residential rental property. (3) if the dwelling unit has multiple levels, at least one smoke alarm must be located on each level. Amended by Acts 1993, 73rd Leg., ch. 917 (H.B. 650, Sec. January 1, 2008. Sec. (d) Repealed by Acts 2009, 81st Leg., R.S., Ch. Added by Acts 2007, 80th Leg., R.S., Ch. texas property code reletting fee texas property code reletting fee (4) a smoke alarm powered by alternating current was required by lawful city ordinance at the time of initial construction of the unit. (c) Notwithstanding Subsection (b), a landlord is not required to disclose on the notice that the landlord is aware that a dwelling is located in a 100-year floodplain if the elevation of the dwelling is raised above the 100-year floodplain flood levels in accordance with federal regulations. The reletting fee is typically 150% of one month's rent. (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.". (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. 357, Sec. Acts 2015, 84th Leg., R.S., Ch. The duties of a landlord and the remedies of a tenant under this subchapter are in lieu of common law, other statutory law, and local ordinances relating to a residential landlord's duty to install, change, rekey, repair, or replace security devices and a tenant's remedies for the landlord's failure to install, change, rekey, repair, or replace security devices, except that a municipal ordinance adopted before January 1, 1993, may require installation of security devices at the landlord's expense by an earlier date than a date required by this subchapter. 917 (H.B. It prohibits them for withholding a portion of the deposit for repairs of conditions caused by normal wear and tear. 1, eff. (f) If a landlord violates this section and a tenant suffers a substantial loss or damage to the tenant's personal property as a result of flooding, the tenant may terminate the lease by giving a written notice of termination to the landlord not later than the 30th day after the date the loss or damage occurred. Sec. Sec. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. In this subchapter: (1) "Bedroom" means a room designed with the intent that it be used for sleeping purposes. 92.107. Facebook. On receipt of an affidavit, the justice shall issue a show cause order, directing the person to appear on a designated date and show cause why he should not be adjudged in contempt of court. 1060 (H.B. Acts 1983, 68th Leg., p. 3653, ch. Acts 1983, 68th Leg., p. 3650, ch. 1, eff. (g) 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 certain sexual offenses or stalking.". September 1, 2011. 1, eff. Sec. (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. See 91.006 of the Texas Property Code: (a) A landlord has a duty to mitigate damages if a tenant abandons the leased premises in violation of the lease. OCCUPANCY LIMITS. Sec. Added by Acts 1989, 71st Leg., ch. January 1, 2016. REKEYING OR CHANGE OF SECURITY DEVICES. 92.008(b) to (f) and amended by Acts 1995, 74th Leg., ch. (5) "Premises" means a tenant's rental unit, any area or facility the lease authorizes the tenant to use, and the appurtenances, grounds, and facilities held out for the use of tenants generally. (4) affect a local ordinance that requires regular inspections by local officials of smoke alarms in dwelling units and that requires smoke alarms to be operational at the time of inspection. Sept. 1, 1995; Acts 1995, 74th Leg., ch. (16) "Window latch" means a device on a window that prevents the window from being opened and that is operated without a key and only from the interior. Jan. 1, 1984. Sec. Sec. January 1, 2016. 1367), Sec. 48, Sec. 1268 (H.B. 92.011. (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. Jan. 1, 1984. FEE IN LIEU OF SECURITY DEPOSIT. 92.106. 92.157. Rent delinquency is not a defense for a violation of Section 92.204. (2) the tenant and the tenant's dependent move, wholly or partly, because of a significant financial loss of income caused by the tenant's military service. 9, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. January 1, 2014. (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. 92.201. LANDLORD'S DUTY TO PROVIDE COPY OF LEASE. 2404), Sec. (b) If more than one tenant is a party to the lease, not later than the third business day after the date a landlord receives a written request for a copy of a lease from a tenant who has not received a copy of the lease under Subsection (a), the landlord shall provide one complete copy of the lease to the requesting tenant. (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. 5, eff. LANDLORD'S AGENT FOR SERVICE OF PROCESS. (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. LIABILITY OF CERTAIN GUARANTORS UNDER LEASE. A reletting rental arrangement is a fresh contractual relationship between the community and the person renting out your former apartment, completely separate from the rental agreement you signed. 2, eff. 1, eff. Sec. Sec. TENANT'S REPAIR AND DEDUCT REMEDIES. 357, Sec. January 1, 2006. Acts 1983, 68th Leg., p. 3646, ch. Sec. 92.056. (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. 2, eff. 9, eff. Answered on 9/10/03, 6:42 pm. 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. (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. 92.204. COMPLIANCE WITH TENANT REQUEST REQUIRED WITHIN REASONABLE TIME. WHEN TENANT'S REQUEST OR NOTICE MUST BE IN WRITING. Texas Property Code ("TPC") Title 11, includes numerous provisions governing the formation, management, powers, . 1, 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. Sec. (b) Except as provided by Subsection (a), a dwelling to which this subchapter applies includes: (1) a room in a dormitory or rooming house; (3) a single family house, duplex, or triplex; and. (A) a door lock not in the doorknob that: (i) locks with a bolt into the doorjamb; and, (ii) is operated from the exterior by a key, card, or combination and from the interior by a knob or lever without a key, card, or combination; or. 1, eff. A reasonable time for purposes of this subsection is presumed to be not later than the seventh day after the date a tenant's advance payment is received by the landlord, except as provided by Subsection (c). 576, Sec. ATTORNEY'S FEES. (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. 576, Sec. (a-1) For purposes of this section, a late fee is considered reasonable if: (A) 12 percent of the amount of rent for the rental period under the lease for a dwelling located in a structure that contains not more than four dwelling units; or, (B) 10 percent of the amount of rent for the rental period under the lease for a dwelling located in a structure that contains more than four dwelling units; or. REMOVAL OF PROPERTY AND EXCLUSION OF RESIDENTIAL TENANT. 1293), Sec. (b) A landlord or a landlord's manager or agent may not charge or seek reimbursement from the landlord's tenant for the amount of a fine imposed on the landlord by a governmental entity unless the tenant or another occupant of the tenant's dwelling actually caused the damage or other condition on which the fine is based. 3101), Sec. Added by Acts 1999, 76th Leg., ch. The fee for single family rental properties is $43 annually. 92.255. 92.110. 92.0161. 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) (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. 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. 2, eff. Sec. 1, eff. (3) by e-mail if the parties have communicated by e-mail regarding the lease. 1, eff. For purposes of this subsection, there shall be a rebuttable presumption that the landlord acted without knowledge of the violation. 1, eff. A landlord's failure to respond does not affect the tenant's liability for any late fee owed to the landlord. If the justice finds, after considering the evidence at the hearing, that the person has directly or indirectly disobeyed the writ, the justice may commit the person to jail without bail until the person purges himself of the contempt in a manner and form as the justice may direct. Acts 2017, 85th Leg., R.S., Ch. Jan. 1, 1996. 2, eff. 794, Sec. (b) After a tenant receives the notice and moves out: (1) the local health officer or building inspector may not allow occupancy of or utility service by separate meter to the rental unit until the officer certifies that he knows of no condition that materially affects the physical health or safety of an ordinary tenant; and. Subchapter E - Texas Property Code Subchapter E. Disclosure of Ownership and Management Sec. Acts 2013, 83rd Leg., R.S., Ch. Acts 2019, 86th Leg., R.S., Ch. January 1, 2008. 1, eff. (6) the tenant was not delinquent in the payment of rent at the time any notice required by this subsection was given. The landlord shall have the burden of pleading and proving good faith and continued diligence for subsequent affidavits for delay. 1, eff. Acts 2011, 82nd Leg., R.S., Ch. January 1, 2010. The tenant must also state orally under oath to the justice the facts of the alleged unlawful utility disconnection. (d) The acknowledgment may be part of the rental application if the notice is underlined or in bold print. 1, eff. (e) Except as provided by Subsection (g), this section does not affect a tenant's liability for delinquent, unpaid rent or other sums owed to the landlord before the lease was terminated by the tenant under this section. 3101), Sec. Acts 1983, 68th Leg., p. 3651, ch. (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. (e) The landlord is entitled to a hearing on the tenant's sworn complaint for restoration of utility service. Acts 1983, 68th Leg., p. 3637, ch. Acts 1983, 68th Leg., p. 3637, ch. (e) A landlord, not later than the 30th day after the effective date of the termination of a lease under this section, shall refund to the residential tenant terminating the lease under Subsection (b) all rent or other amounts paid in advance under the lease for any period after the effective date of the termination of the lease. The drop bolt system must prevent the door from being opened unless the central plate is lifted off of the doorjamb restraint by a person who is on the interior side of the door.
