2, eff. TENANT REMEDIES. (b) If the landlord secures the replacement tenant, the landlord may retain and deduct from the security deposit or rent prepayment either: (1) a sum agreed to in the lease as a lease cancellation fee; or. 7, 2021). Added by Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 2001. APPLICATION. (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. January 1, 2010. Code Title 5 Subtitle B Chapter 53 Section 53.156 Texas Property Code Sec. Sept. 1, 1997. (b) A landlord may not, within six months after the date of the tenant's action under Subsection (a), retaliate against the tenant by: (1) filing an eviction proceeding, except for the grounds stated by Section 92.332; (2) depriving the tenant of the use of the premises, except for reasons authorized by law; (4) increasing the tenant's rent or terminating the tenant's lease; or. 1, eff. January 1, 2014. 882), Sec. In addition to other remedies provided by law, if a landlord retaliates against a tenant under this subchapter, the tenant may recover from the landlord a civil penalty of one month's rent plus $500, actual damages, court costs, and reasonable attorney's fees in an action for recovery of property damages, moving costs, actual expenses, civil penalties, or declaratory or injunctive relief, less any delinquent rents or other sums for which the tenant is liable to the landlord. Section 4001 et seq.). 92.002. (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. 1198 (S.B. Acts 2015, 84th Leg., R.S., Ch. 650, Sec. 1205, Sec. Sept. 1, 1987. 92.008(b) to (f) and amended by Acts 1995, 74th Leg., ch. A waiver under this section must be signed and in writing in a document separate from the lease and must comply with federal law. In . Sept. 1, 2001. Amended by Acts 1989, 71st Leg., ch. (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. 92.332. 48, Sec. Unfortunately, many tenants are unaware of this law and do not receive a proper refund of their deposit. Additionally, a landlord may charge more than the maximum to recover costs, expenses, or overhead associated with collecting the late payment. 92.109. 1205, Sec. 918, Sec. (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. (c) A tenant is not liable for damages suffered by the landlord if the damage is caused by the landlord's failure to repair the smoke alarm within a reasonable time after the tenant requests it to be repaired, considering the availability of material, labor, and utilities. texas property code reletting fee - alternativeceremony.com 650, Sec. (i) If the landlord or the person on whom a writ of reentry is served fails to immediately comply with the writ or later disobeys the writ, the failure is grounds for contempt of court against the landlord or the person on whom the writ was served, under Section 21.002, Government Code. 1, eff. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING TENANT'S DEATH. (g) A party may appeal from the court's judgment at the hearing on the sworn complaint for reentry in the same manner as a party may appeal a judgment in a forcible detainer suit. (D) in underlined or bold print, the tenant's right to receive a key to the new lock at any hour, regardless of whether the tenant pays the delinquent rent. NOTICE REGARDING VEHICLE TOWING OR PARKING RULES OR POLICIES. Texas Property Code - PROP 5.202 | FindLaw 629 (S.B. Acts 1983, 68th Leg., p. 3649, ch. Sec. 2, eff. 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. 899 (H.B. What is a Reletting charge? - Quora TENANT'S REMEDY ON NOTICE FROM MANAGEMENT COMPANY. (g) A smoke alarm that is in good working order at the beginning of a tenant's possession is presumed to be in good working order until the tenant requests repair of the smoke alarm as provided by this subchapter. (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. Rent delinquency is not a defense for a violation of Section 92.204. Jan. 1, 1984. 869, Sec. 689, Sec. 92.0191. (5) a keyless bolting device and a door viewer on each exterior door of the dwelling. Code 92.019 (2023).) If you turn in keys voluntarily you're technically moving out, forcing the landlord to put the unit back on the market, thus breaking the agreement. 1, eff. 917 (H.B. (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. (b) At a tenant's request made before January 1, 1995, a landlord, at the tenant's expense, shall install on an exterior door of a dwelling constructed before September 1, 1993: (1) a keyless bolting device if the door does not have a keyless bolting device; and. 92.258. Security Deposit Refund Texas Renters Rights Law You can't make the best decision for your situation until you . Original Source: 650, Sec. Section 92.019 Late Payment of Rent; Fees, 651 (H.B. (h) A security device required by this section must be operable throughout the time a tenant is in possession of a dwelling. 92.152. Location: 83), Sec. 92.0561. (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. 5, eff. The justice may defer payment of the tenant's filing fees and service costs for the sworn complaint for reentry and writ of reentry. 92.334. The writ of restoration of utility service must notify the landlord of the right to a hearing. (b) The tenant must file with the justice court in the precinct in which the rental premises are located a sworn complaint specifying the facts of the alleged unlawful utility disconnection by the landlord or the landlord's agent. What is an apartment relenting fee? - Answers Added by Acts 1989, 71st Leg., ch. (B) 48 inches from the floor, if installed on or after September 1, 1993. (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. 918, Sec. 1, eff. If you move out before your lease is up, your landlord may subtract a reletting fee from your security deposit. 3101), Sec. Sec. (e) If a tenant is liable under Subsection (a) and the tenant does not comply with the landlord's notice under Subsection (d), the landlord shall have the following remedies against the tenant: (1) a court order directing the tenant to comply with the landlord's notice; (2) a judgment against the tenant for a civil penalty of one month's rent plus $100; (3) a judgment against the tenant for court costs; and. EMERGENCY PHONE NUMBER. (2) United States mail, addressed to the applicant and postmarked on or before the required date. 92.016. DEFINITIONS. NOTICE OF ELIGIBILITY REQUIREMENTS. (k) If a tenant in bad faith files a sworn complaint for reentry resulting in a writ of reentry 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. 1168), Sec. 1, eff. 1344 (S.B. (f) 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 family violence or a military deployment or transfer.". Amended by Acts 1995, 74th Leg., ch. (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. January 1, 2010. 917 (H.B. 92.062. 917 (H.B. Sept. 1, 1989. (c) A fire extinguisher that satisfies the inspection requirements of Subsection (b) at the beginning of a tenant's possession is presumed to be in good working order until the tenant requests an inspection in writing. Jan. 1, 1984. (d-1) The notice in Subsection (d)(2) must be in a separate document furnished to the tenant after the landlord has discovered that the tenant has disconnected or damaged the smoke alarm or removed a battery from it. 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. Acts 2015, 84th Leg., R.S., Ch. This is because under Texas law (Tex. Acts 1983, 68th Leg., p. 3647, ch. A party who prevails in a suit brought under this subsection may recover court costs and reasonable attorney's fees from the other party. 92.025. 2, eff. 2, eff. Amended by Acts 1993, 73rd Leg., ch. (2) if an adult whose occupancy causes a violation of Subsection (a) is seeking temporary sanctuary from family violence, as defined by Section 71.004, Family Code, for a period that does not exceed one month. PDF take over the occupancy of the home and allows the tenant to depart on Sec. Jan. 1, 1984. 91.006 - This regulation works in your favor. January 1, 2020. 92.252. (D) The landlord has been notified in writing by the appropriate local housing, building, or health official or other official having jurisdiction that the condition materially affects the health or safety of an ordinary tenant. Acts 2009, 81st Leg., R.S., Ch. (i) If the landlord or the person on whom a writ of restoration of utility service is served fails to immediately comply with the writ or later disobeys the writ, the failure is grounds for contempt of court against the landlord or the person on whom the writ was served under Section 21.002, Government Code.
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