September 1, 2019. LATE PAYMENT OF RENT; FEES. Repairs may not be made to the foundation or load-bearing structural elements of the building if it contains two or more dwelling units. 576, Sec. Sec. (2) move out without paying rent in full for the entire lease term or renewal period; or. 469 (H.B. 1344 (S.B. 3, eff. 1, eff. 2, eff. 1439, Sec. 92.351. Amended by Acts 1989, 71st Leg., ch. January 1, 2016. (a) For purposes of this section: (1) "Family violence" has the meaning assigned by Section 71.004, Family Code. January 1, 2010. The bar or tube must be capable of being secured to both of the screw hooks and must be permanently attached in some way to the door frame stud or wall stud. Redesignated from Property Code Sec. 92.012. Additionally, a landlord may charge more than the maximum to recover costs, expenses, or overhead associated with collecting the late payment. (d) A customer is not required to provide the notices described by this section if the customer avoids the disconnection by paying the bill. Renumbered from 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. 917 (H.B. 92.107. January 1, 2006. 1168), Sec. (a) If a landlord has installed a 1A10BC residential fire extinguisher as defined by the National Fire Protection Association or other non-rechargeable fire extinguisher in accordance with a local ordinance or other law, the landlord or the landlord's agent shall inspect the fire extinguisher: (1) at the beginning of a tenant's possession; and. Amended by Acts 1995, 74th Leg., ch. 3167), Sec. (2) within a reasonable time after receiving a written request by a tenant. 21.001(97), eff. 1, eff. 92.331. 1205, Sec. (a) Except as otherwise provided by Subsection (e), a security device operated by a key, card, or combination shall be rekeyed by the landlord at the landlord's expense not later than the seventh day after each tenant turnover date. 92.104. The notice must be given at the time of the reduced rent payment. 1, 3, eff. Aug. 31, 1987. Our rights and remedies under paragraphs 11 and 32 apply to acceleration under this paragraph. In any litigation under this subsection, the prevailing party shall recover reasonable attorney's fees from the nonprevailing party. The term does not include dates of entry or occupation not authorized by the landlord. $3 fee for the first page and $2 for each succeeding page (Texas Local Government Code, Section 118.011). (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. for non-profit, educational, and government users. Reletting a Rental Property A landlord relets a property by having a new tenant sign an entirely new lease. (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. 1, eff. HOA fees are considered "debts" under the FDCPA, and homeowners are protected "consumers." Ladick v. Van Gemert, 146 F. 3d 1205 (10th Cir.1998); Thies v. 357, Sec. Sec. 92.208. 7, 2021). Sec. (c) Subsection (a) does not apply to a real estate mortgage lienholder who acquires title by foreclosure. (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. INTERRUPTION OF UTILITIES. (2) a copy of documentation of the family violence against the tenant or an occupant from: (A) a licensed health care services provider who examined the victim; (B) a licensed mental health services provider who examined or evaluated the victim; or. Acts 1983, 68th Leg., p. 3632, ch. Jan. 1, 1996. (2) "Flooding" means a general or temporary condition of partial or complete inundation of a dwelling caused by: (A) the overflow of inland or tidal waters; (B) the unusual and rapid accumulation of runoff or surface waters from any established water source such as a river, stream, or drainage ditch; or. (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. 5, eff. 92.157. (b) The tenant's deduction for the cost of the repair or remedy may not exceed the amount of one month's rent under the lease or $500, whichever is greater. Sec. 3, eff. January 1, 2016. (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. 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. (m) A landlord may not interrupt or cause the interruption of electric service under Subsection (h) to a tenant who receives energy assistance for a billing period during which the landlord receives a pledge, letter of intent, purchase order, or other notification that the energy assistance provider is forwarding sufficient payment to continue the electric service. Sec. Sec. (h) This section does not affect a tenant's liability for delinquent, unpaid rent or other sums owed to the landlord before the date the lease was terminated by the tenant under this section. 651 (H.B. Acts 2019, 86th Leg., R.S., Ch. Written Notice: The clause will specify how much written notice the tenant must give the landlord to end a lease early. 1, eff. Sec. Sec. So you may not have to pay much, if any additional rent, if you break your lease. Sec. Sec. Reletting is a penalty for breaking your lease. 48, Sec. 83), Sec. Sec. 69), Sec. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING CERTAIN SEX OFFENSES OR STALKING. 92.165. (a) If a condition results from an insured casualty loss, such as fire, smoke, hail, explosion, or a similar cause, the period for repair does not begin until the landlord receives the insurance proceeds. (3) damage from windows or doors left open. 1, eff. 2, eff. 257 (H.B. 1186), Sec. 1, eff. (f) For the purposes of this section, an owner or property manager may disclose either an actual name or names or an assumed name if an assumed name certificate has been recorded with the county clerk. (c) When deducting for the tenant's payment of the landlord's utility bill under this section, the tenant shall submit to the landlord a copy of a receipt from the utility company which evidences the amount of payment made by the tenant to reconnect or avert cutoff of utilities. 1, eff. The tenant must also state orally under oath to the justice the facts of the alleged unlawful utility disconnection. (a) At the time an applicant is provided with a rental application, the landlord shall make available to the applicant printed notice of the landlord's tenant selection criteria and the grounds for which the rental application may be denied, including the applicant's: (5) failure to provide accurate or complete information on the application form. Renumbered from Property Code Sec. (b) The tenant shall notify the landlord in writing of any change in the tenant's primary residence address. 92.169. (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. (Tex. 938, Sec. A request by a government official or employee for information must be in writing. 3101), Sec. 348 (S.B. 869, 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. 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. LEASE WITHOUT SECURITY DEPOSIT; REQUIRED NOTICE. 576, Sec. 17.001(64), eff. (4) establishes, attempts to establish, or participates in a tenant organization. Acts 2015, 84th Leg., R.S., Ch. Understanding the Law 869, Sec. (C) explaining the remedies available to the tenant for the landlord's failure to comply. Aug. 28, 1995; Acts 1995, 74th Leg., ch. Renumbered from Sec. January 1, 2016. 92.255. Subchapter E - Texas Property Code Subchapter E. Disclosure of Ownership and Management Sec. 11, eff. Re: Reletting Fee. 92.010 by Acts 1995, 74th Leg., ch. Amended by Acts 1993, 73rd Leg., ch. January 1, 2006. REKEYING OR CHANGE OF SECURITY DEVICES. 869, Sec. 92.258. Acts 1983, 68th Leg., p. 3650, ch. (3) tested and listed for use as a smoke alarm by Underwriters Laboratories, Inc., Factory Mutual Research Corporation, or United States Testing Company, Inc. (a-1) If requested by a tenant as an accommodation for a person with a hearing-impairment disability or as required by law as a reasonable accommodation for a person with a hearing-impairment disability, a smoke alarm must, in addition to complying with Subsection (a), be capable of alerting a hearing-impaired person in the bedrooms it serves. 2, eff. LANDLORD'S DUTY TO REPAIR OR REPLACE SECURITY DEVICE. (g) If a landlord arrives at the dwelling in a timely manner in response to a tenant's telephone call to the number contained in the notice as described by Subsection (c)(1) and the tenant is not present to receive the key to the changed lock, the landlord shall leave a notice on the front door of the dwelling stating the time the landlord arrived with the key and the street address to which the tenant may go to obtain the key during the landlord's normal office hours. 16, eff. 92.0561. Acts 1983, 68th Leg., p. 3632, ch. We will always provide free access to the current law. Sec. Jan. 1, 1996; Acts 1995, 74th Leg., ch. 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. (C) an advocate as defined by Section 93.001, Family Code, who assisted the victim. 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. Re-letting the property voids the original lease, and releases the original tenant from any continuing obligations. (j) If a tenant in bad faith files a sworn complaint for restoration of utility service resulting in a writ being served on the landlord or landlord's agent, the landlord may in a separate cause of action recover from the tenant an amount equal to actual damages, one month's rent or $500, whichever is greater, reasonable attorney's fees, and costs of court, less any sums for which the landlord is liable to the tenant. 1, eff. STATEMENT OF LATE FEES. (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. (B) 48 inches from the floor, if installed on or after September 1, 1993. (b) A landlord's rejection of one co-applicant shall be deemed as a rejection of all co-applicants. Section 92.104 of the Texas Property Code This section requires a landlord who is withholding a portion of a security deposit to provide an itemized and written list of the deductions to the 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. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 9, eff. (a) Not later than the third business day after the date the lease is signed by each party to the lease, a landlord shall provide at least one complete copy of the lease to at least one tenant who is a party to the lease. 4, eff. RETALIATION BY LANDLORD. Jan. 1, 1984. 15, eff. January 1, 2010. 4, eff. 91.002 by Acts 1987, 70th Leg., ch. (c) If Subsection (b) does not apply, the owner's management company, on-premise manager, or rent collector serving the dwelling is the owner's authorized agent for service of process unless the owner's name and business street address have been furnished in writing to the tenant. A repair bill and receipt may be the same document. (e) Repealed by Acts 2009, 81st Leg., R.S., Ch. (a) A landlord who has expressly or impliedly agreed in the lease to furnish and pay for water, gas, or electric service to the tenant's dwelling is liable to the tenant if the utility company has cut off utility service to the tenant's dwelling or has given written notice to the tenant that such utility service is about to be cut off because of the landlord's nonpayment of the utility bill. Acts 2015, 84th Leg., R.S., Ch. 869, Sec. (2) a copy of an appropriate government document providing evidence of the tenant's entrance into military service if Subsection (b)(1) applies or a copy of the servicemember's military orders if Subsection (b)(2) applies. 1, eff. Acts 2009, 81st Leg., R.S., Ch. 1, eff. Venue for an action under this chapter is governed by Section 15.0115, Civil Practice and Remedies Code. (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. 92.166. 576, Sec. (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. Amended by Acts 1987, 70th Leg., ch. Added by Acts 1989, 71st Leg., ch. If a landlord does not comply with a tenant's request regarding rekeying, changing, adding, repairing, or replacing a security device under Section 92.156(b), 92.157, or 92.158 in accordance with the time limits and other requirements of this subchapter, the tenant may: (1) install, repair, change, replace, or rekey the security devices 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) unilaterally terminate the lease without court proceedings; and. Sometimes, the law can only be enforced in court. Added by Acts 2013, 83rd Leg., R.S., Ch. Acts 1983, 68th Leg., p. 3652, ch. Acts 1983, 68th Leg., p. 3653, ch. (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. Jan. 1, 1996. 394 (H.B. (g) A keyed dead bolt or a doorknob lock is not required to be installed at the landlord's expense on an exterior door if at the time the tenant agrees to lease the dwelling: (1) at least one exterior door usable for normal entry into the dwelling has both a keyed dead bolt and a keyless bolting device, installed in accordance with the height, strike plate, and throw requirements of Section 92.154; and. (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. Acts 1983, 68th Leg., p. 3630, ch. 1, eff. 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. DISCLOSURE OF OWNERSHIP AND MANAGEMENT. One-half of the central plate must overlap the interior surface of the door and the other half of the central plate must overlap the doorjamb when the plate is placed over the doorjamb restraint. 92.153. 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. (b) If the landlord does not provide a written explanation for delay in performing a duty to repair or remedy on or before the fifth day after receiving from the tenant a written demand for an explanation, the landlord has the burden of proving that he made a diligent effort to repair and that a reasonable time for repair did not elapse. 1198 (S.B. 3, eff. (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).