921 (H.B. Court costs may be waived only if the tenant executes a pauper's affidavit. Added by Acts 2005, 79th Leg., Ch. Amended by Acts 1989, 71st Leg., ch. (a) A landlord's duty or a tenant's remedy concerning security deposits, security devices, the landlord's disclosure of ownership and management, or utility cutoffs, as provided by Subchapter C, D, E, or G, respectively, may not be waived. bosch b22ct80sns01 ice maker not working; texas property code reletting fee. RECORDS. (5) court costs and attorney's fees, excluding any attorney's fees for a cause of action for damages relating to a personal injury. Jan. 1, 1984. (d) Disclosure of information to a government official or employee must be made by giving the information in writing to the official or employee on or before the seventh day after the date the landlord receives the request from the official or employee for the information. 1, eff. Jan. 1, 1996. (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; (3) any portion of the tenant's rent has remained unpaid two full days after the date the rent was originally due. Sept. 1, 1993. (c) If the landlord retains all or part of a security deposit under this section, the landlord shall give to the tenant the balance of the security deposit, if any, together with a written description and itemized list of all deductions. Our rights and remedies under paragraphs 11 and 32 apply to acceleration under this paragraph. (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. Added by Acts 2011, 82nd Leg., R.S., Ch. 4, eff. January 1, 2016. (b) The tenant must file with the justice court in the precinct in which the rental premises are located a sworn complaint for reentry, specifying the facts of the alleged unlawful lockout by the landlord or the landlord's agent. Even if the dwelling is not in a 100-year floodplain, the dwelling may still be susceptible to flooding. Reletting is your best course of action if you need to terminate your lease agreement for any reason. 7.002(o), eff. Sept. 1, 1993; Acts 1999, 76th Leg., ch. 18 (S.B. 48, Sec. INVALID COMPLAINTS. The reletting . January 1, 2010. 3, eff. Jan. 1, 1996. (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. (4) obtain judicial remedies according to Section 92.0563. (b) If a dwelling unit was occupied as a residence before September 1, 2011, or a certificate of occupancy was issued for the dwelling unit before that date, a smoke alarm installed in accordance with Subsection (a) may be powered by battery and is not required to be interconnected with other smoke alarms, except that a smoke alarm that is installed to replace a smoke alarm that was in place on the date the dwelling unit was first occupied as a residence must comply with residential building code standards that applied to the dwelling unit on that date or Section 92.252(b). A fee may not be applied to a deferred payment plan entered into under this section. BAD FAITH VIOLATION. (2) failing to correct information given under Section 92.201(b)(1) or (2) or Section 92.201(d) that the landlord knows is incorrect. September 1, 2019. 869, Sec. Acts 2013, 83rd Leg., R.S., Ch. 1439, Sec. Sec. 826, Sec. (2) "Occupant" means a person who has the landlord's consent to occupy a dwelling but has no obligation to pay the rent for the dwelling. (5) "Landlord" means a prospective landlord to whom a person makes application for rental of a dwelling. 92.001. (8) "Multiunit complex" means two or more dwellings in one or more buildings that are: (B) managed by the same owner, agent, or management company; and. Amended by Acts 1995, 74th Leg., ch. 794, Sec. 92.023. 92.164. 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. (c) A reasonable time for purposes of Subsections (a) and (b) is presumed to be not later than 72 hours after the time of receipt of the tenant's request and any required advance payment if at the time of making the request the tenant informed the landlord that: (1) an unauthorized entry occurred or was attempted in the tenant's dwelling; (2) an unauthorized entry occurred or was attempted in another unit in the multiunit complex in which the tenant's dwelling is located during the two months preceding the date of the request; or. Sec. 9, eff. (3) of the charges for each option described by Subdivision (1) or (2). Aug. 28, 1989; Acts 1997, 75th Leg., ch. (b-1) The person who no longer owns an interest in the rental premises is liable for a security deposit received while the person was the owner until the new owner has received the deposit or has assumed the liability for the deposit, unless otherwise specified by the parties in a written contract. (5) a keyless bolting device and a door viewer on each exterior door of the dwelling. (d) Affidavits for delay based on grounds other than those listed in Subsection (c) of this section are unlawful, and if used, they are of no effect. 576, Sec. 2, eff. 826, Sec. 92.016. 1367), Sec. 1, eff. 588 (S.B. 3, eff. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING CERTAIN DECISIONS RELATED TO MILITARY SERVICE. 3, eff. (a) A landlord's duty or a tenant's remedy concerning security deposits, security devices, the landlord's disclosure of ownership and management, or utility cutoffs, as provided by Subchapter C, D, E, or G, respectively, may not be waived. 1, eff. Sept. 1, 1993. 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. Acts 1983, 68th Leg., p. 3650, ch. CONDITIONS FOR RETENTION OF SECURITY DEPOSIT OR RENT PREPAYMENT. January 1, 2014. 3, eff. Sec. 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. (c) This section does not apply to or affect a local ordinance governing a landlord's obligation to provide a 24-hour emergency contact number to a tenant that is adopted before January 1, 2008, if the ordinance conforms with or is amended to conform with this section. Certain Private Transfer Fee Obligations Void Current as of April 14, 2021 | Updated by FindLaw Staff Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 1198 (S.B. TEXAS ATTORNEY ONLYwith current bar passed and licensed.What are limitations surrounding Reletting Fees? (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. CESSATION OF OWNER'S INTEREST. Jan. 1, 1984. 3101), Sec. (j) A landlord may not submit a claim for damages or unpaid rent to an insurer for insurance described by Subsection (e) unless the landlord notifies the tenant of the damages or unpaid rent indebtedness not later than the 30th day after the date the tenant surrendered possession of the dwelling. 917 (H.B. 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. June 19, 2009. The landlord shall have the burden of pleading and proving good faith and continued diligence for subsequent affidavits for delay. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. Sec. Sept. 1, 1995. Added by Acts 2019, 86th Leg., R.S., Ch. 15 (S.B. 576, Sec. 92.152. Sec. (c) After receipt of the notice provided under Subsection (a), the landlord shall provide a copy of the written lease agreement to the person who provided the notice on written request of that person. 92.334. 92.206. This chapter applies only to the relationship between landlords and tenants of residential rental property. (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. (i) A landlord may not charge a tenant for normal wear and tear of a dwelling. (6) unilateral termination of the lease without a court proceeding if the landlord violates Section 92.259(a)(2). (6) "Required date" means the required date for any acceptance of the applicant under Section 92.352. Sec. AGENTS FOR DELIVERY OF NOTICE. 1205, Sec. (B) a peephole having a barrel with a one-way lens of glass or other substance providing an angle view of not less than 160 degrees. (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 2011, 82nd Leg., R.S., Ch. Reletting Fee & Finding a New Tenant As a Texas landlord, you are required by the State to find a new tenant if your current tenant chooses to break the lease. For purposes of this subsection, a pay stub or other statement of earnings issued by the tenant's employer is sufficient verification. 650, Sec. (d) The writ of reentry 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 action. (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. This subchapter applies to a lease executed, entered into, renewed, or extended on or after September 1, 1979. 17, eff. (r) Subject to this subsection, a reconnection fee may be applied if electric service to the tenant is disconnected for nonpayment of bills under Subsection (h). 1, eff. (d) If a landlord changes the vehicle towing or parking rules or policies during the term of the lease agreement, the landlord shall provide written notice of the change to the tenant before the tenant is required to comply with the rule or policy change. 6, eff. (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). increasing citizen access. (a) For purposes of this section: (1) "Family violence" has the meaning assigned by Section 71.004, Family Code. 1439, Sec. (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. Sec. DEFINITIONS. texas property code reletting fee. (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. Landlords who violate these rules could end up owing the tenant $100, three times the amount of the late fee that was wrongfully collected, and the tenant's attorneys' fees. (c) Repealed by Acts 2009, 81st Leg., R.S., Ch. Jan. 1, 1996. 92.0135. 2, eff. 629 (S.B. (6) the tenant was not delinquent in the payment of rent at the time any notice required by this subsection was given. Amended by Acts 1995, 74th Leg., ch. 92.203. 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. ATTORNEY'S FEES. (j) A person who receives information under Subsection (c), (c-1), or (d) may not disclose the information to any other person except for a legitimate or customary business purpose or as otherwise required by law. (a) In this section, "governmental entity" means the state, an agency of the state, or a political subdivision of the state. Sec. (4) failure to pay an electric bill disputed by the tenant, unless the landlord has conducted an investigation as required by the particular case and reported the results in writing to the tenant. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. (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. Jan. 1, 1984. 7, 2021). This is also known as assignment of the lease to a new party. 1168), Sec. 91.002 and amended by Acts 1989, 71st Leg., ch. (B) does not increase the guarantor's potential financial obligation for rent that existed under the original lease. (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. Added by Acts 1995, 74th Leg., ch. If you do not meet the selection criteria, or if you provide inaccurate or incomplete information, your application may be rejected and your application fee will not be refunded.". A landlord's failure to respond does not affect the tenant's liability for any late fee owed to the landlord. Tweet Twitter . (c) If a landlord does not provide the tenant the notice as required by this section, the landlord forfeits the right to collect damages and charges from the tenant. (4) have the condition repaired or remedied if the condition is not covered by Paragraph (A), (B), or (C) of Subdivision (3) of Subsection (d) of this section and involves a condition affecting the physical health or safety of the ordinary tenant as referred to in Paragraph (D) of Subdivision (3) of Subsection (d) of this section and if the landlord has failed to repair or remedy the condition within seven days after delivery of the tenant's notice of intent to repair. A landlord and tenant may agree to the provisions of this subsection only if the agreement meets the requirements of Subdivision (4) of Subsection (e) of this section. (2) payable at the time each rent payment is due during the lease. (2) if an entity located off-site from the dwelling is primarily responsible for managing the dwelling, the name and street address of the management company.