(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. (5) a keyless bolting device and a door viewer on each exterior door of the dwelling. January 1, 2010. The tenant must also state orally under oath to the justice the facts of the alleged unlawful lockout. (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. 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. (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. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 1344 (S.B. from Statutes.Capitol.Texas.gov website.85 % of read more Sec. (2) move out without paying rent in full for the entire lease term or renewal period; or. Acts 2017, 85th Leg., R.S., Ch. (i) The tenant shall not have authority to contract for labor or materials in excess of what the tenant may deduct under this section. (b) A requirement that a tenant give advance notice of surrender as a condition for refunding the security deposit is effective only if the requirement is underlined or is printed in conspicuous bold print in the lease. 1, eff. (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. LANDLORD'S AGENT FOR SERVICE OF PROCESS. 1205, Sec. 2.28, eff. (C) the landlord, prior to the date of discarding the property, has not been contacted by anyone claiming the property. 91 (S.B. 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? (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. The landlord is not liable to repairmen, contractors, or material suppliers who furnish labor or materials to repair or remedy the condition. Amended by Acts 1989, 71st Leg., ch. (e) A justice court may not award a judgment under this section, including an order of repair, that exceeds $10,000, excluding interest and costs of court. This is also known as assignment of the lease to a new party. If on a wall, it must be no closer than six inches and no farther than 12 inches from the ceiling or otherwise located in accordance with the manufacturer's installation instructions. harp funeral notices merthyr tydfil best owb holster for s&w governor texas property code reletting fee. (a) A tenant shall notify the landlord of a rent deduction attributable to the tenant's installing, repairing, changing, replacing, or rekeying of a security device under Section 92.164(a)(1) or 92.165(1) after the landlord's failure to comply with this subchapter. (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. 9, eff. 234), Sec. (2) The tenant has given notice to the landlord as required by Section 92.056(b)(1), and, if required, a subsequent notice under Section 92.056(b)(3), and at least one of those notices states that the tenant intends to repair or remedy the condition. Acts 1983, 68th Leg., p. 3634, ch. (b) A keyed dead bolt or a keyless bolting device described in Section 92.151(6)(A) or (B) in a dwelling must: (1) have a strike plate screwed into the portion of the doorjamb surface that faces the edge of the door when the door is closed; or. Jan. 1, 1984. REMEDIES. HARASSMENT. 92.051. A security device that is installed, changed, or rekeyed under this subchapter becomes a fixture of the dwelling. 2, eff. September 1, 2011. Sec. (a) A landlord may not remove a door, window, or attic hatchway cover or a lock, latch, hinge, hinge pin, doorknob, or other mechanism connected to a door, window, or attic hatchway cover from premises leased to a tenant or remove furniture, fixtures, or appliances furnished by the landlord from premises leased to a tenant unless the landlord removes the item for a bona fide repair or replacement. (b) A landlord's duties and the tenant's remedies concerning security devices, the landlord's disclosure of ownership and management, or smoke alarms, as provided by Subchapter D, E, or F, respectively, may be enlarged only by specific written agreement. Property Address Monthly Rent Day of Move Proration Due Date Prorated Rent Texas Homes Realty and Management 21510 Kingsland Blvd #105 Katy, TX 77450 X 2nd X 35.00 10.00 Sample Lease X Rent, application fees, rent paid in advance, and non-refundable fees . My daughter left her off-campus housing in March due to "Shelter in place" and we've been paying rent fo. 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. Acts 1983, 68th Leg., p. 3635, ch. (2) more than once during a rental payment period. 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. A landlord who violates this section shall be liable to the tenant for all judicial remedies under Section 92.0563 except that the civil penalty under Subdivision (3) of Subsection (a) of Section 92.0563 shall be one month's rent plus $1,000. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 576, Sec. a new child or a job transfer) that requires you to find new housing. 92.0135. 2, eff. Acts 1983, 68th Leg., p. 3653, ch. 1, eff. DUTY TO REPAIR OR REPLACE. Sept. 1, 1993. Need actual paragraphs is Property Code 92 (?) Jan. 1, 1984. Aug. 28, 1989. (a) A keyed dead bolt or a keyless bolting device required by this subchapter must be installed at a height: (1) not lower than 36 inches from the floor; and, (A) 54 inches from the floor, if installed before September 1, 1993; or. Amended by Acts 1995, 74th Leg., ch. The landlord may charge an initial fee and a daily fee for each day the rent is late. 1399), Sec. 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. 1112, Sec. 7, eff. 92.355. Renumbered from Sec. 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. Sec. 409 (H.B. Jan. 1, 1996. LIABILITY OF CERTAIN GUARANTORS UNDER LEASE. 1276, Sec. http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.92.htm#92.019 1293), Sec. Sept. 1, 1989. (c) The justice, county, and district courts have concurrent jurisdiction in an action under Subsection (a). Sec. 92.201. The notice must include the following text in both English and Spanish: "Notice to residents of (name and address of nonsubmetered master metered multifamily property): Electric (or gas) service to this property is scheduled for disconnection on (date) because (reason for disconnection).". 16, eff. A landlord who in bad faith fails to refund an application fee or deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the amount wrongfully retained, and the applicant's reasonable attorney's fees. (2) "Bedroom" means an area of a dwelling intended as sleeping quarters. SUBCHAPTER F. SMOKE ALARMS AND FIRE EXTINGUISHERS. Understanding the Law 92.025. 18 (S.B. (2) 30 days if the landlord's failure to repair is caused by a general shortage of labor or materials for repair following a natural disaster such as a hurricane, tornado, flood, extended freeze, or widespread windstorm. Following delivery of the affidavit, the landlord must continue diligent efforts to repair or remedy the condition. (b) A management company or managing agent who is not the owner of a dwelling and who has not purported to be the owner in the lease has a defense to liability under Sections 92.164 and 92.165 if before the date the tenant is in possession of the dwelling or the date of the tenant's request for installation, repair, replacement, change, or rekeying and before any property damage or personal injury to the tenant, the management company or managing agent: (1) did not have funds of the dwelling owner in its possession or control with which to comply with this subchapter; (2) made written request to the dwelling owner that the owner fund and allow installation, repair, change, replacement, or rekeying of security devices as required under this subchapter and mailed the request, certified mail return receipt requested, to the dwelling owner; and. 92.354. Sec. 92.018. Acts 1983, 68th Leg., p. 3631, ch. 1, eff. (3) not later than the third day after the date of receipt of the tenant's request, provided the tenant with a written notice: (A) stating that the management company or managing agent has taken the actions in Subdivisions (1) and (2); (B) stating that the owner has not provided or will not provide the necessary funds; and. 92.0561. (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. September 1, 2011. Added by Acts 2019, 86th Leg., R.S., Ch. Amended as Sec. 10.1 Your Responsibility. (B) arises from the landlord's failure to provide and maintain in good operating condition a device to supply hot water of a minimum temperature of 120 degrees Fahrenheit. Sec. 1060 (H.B. 92.154. Sec. 399), Sec. January 1, 2010. Acts 1983, 68th Leg., p. 3650, ch. Unless the landlord and tenant agree otherwise under Subsection (g) of this section, repairs may not be made by the tenant, the tenant's immediate family, the tenant's employer or employees, or a company in which the tenant has an ownership interest. 650, Sec. (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. (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. (g) A provision of a lease that purports to waive a right or to exempt a party from a liability or duty under this section is void. 5, eff. Added by Acts 1995, 74th Leg., ch. Added by Acts 2009, 81st Leg., R.S., Ch. 1, eff. (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. 588 (S.B. Jan. 1, 1984. (b) At a minimum, an inspection under this section must include: (1) checking to ensure the fire extinguisher is present; and. REMOVAL OF PROPERTY AND EXCLUSION OF RESIDENTIAL TENANT. 92.107. Sec. 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. 1168), Sec. (b) A governmental body whose official or employee has requested information from a landlord who is liable under Section 92.202 or 92.204 may obtain or exercise one or more of the following remedies: (2) a judgment against the landlord for an amount equal to the governmental body's actual costs in discovering the information required to be disclosed by this subchapter; (3) a judgment against the landlord for $500; and. 687, Sec. (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. (a) If, at the time of signing a lease or lease renewal, a tenant gives written notice to the tenant's landlord that the tenant does not occupy the leased premises as a primary residence and requests in writing that the landlord send notices to the tenant at the tenant's primary residence and provides to the landlord the address of the tenant's primary residence, the landlord shall mail to the tenant's primary residence: (3) all notices of rental increases at the end of the lease term; and. 2, eff. (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.

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