Another good online resource for tenants can be found at www.texaslawhelp.org. (2) entered into a deferred payment plan that complies with Subsection (l). Jan. 1, 1984. texas property code reletting fee; Posted on June 29, 2022; By . LANDLORD'S DEFENSES RELATING TO INSTALLING OR REKEYING CERTAIN SECURITY DEVICES. 92.261. (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). (6) "Keyless bolting device" means a door lock not in the doorknob that locks: (A) with a bolt into a strike plate screwed into the portion of the doorjamb surface that faces the edge of the door when the door is closed or into a metal doorjamb that serves as the strike plate, operable only by knob or lever from the door's interior and not in any manner from the door's exterior, and that is commonly known as a keyless dead bolt; (B) by a drop bolt system operated by placing a central metal plate over a metal doorjamb restraint that protrudes from the doorjamb and that is affixed to the doorjamb frame by means of three case-hardened screws at least three inches in length. (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. 92.025. (m) If an insurer seeks reimbursement under Subsection (l)(2), the insurer must include in the reimbursement demand: (1) evidence of damages or unpaid rent that the landlord submitted to the insurer; (2) evidence of damage repair costs that the landlord submitted to the insurer; and. 92.104. 92.0135. Sec. in the property and pay rent through a specific date, and the landlord is to allow the tenant to . (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. (b) A landlord may require a tenant to pay for repair or replacement of a security device if an underlined provision in a written lease authorizes the landlord to do so and the repair or replacement is necessitated by misuse or damage by the tenant, a member of the tenant's family, an occupant, or a guest, and not by normal wear and tear. RESIDENTIAL TENANT'S RIGHT OF REENTRY AFTER UNLAWFUL LOCKOUT. Added by Acts 2009, 81st Leg., R.S., Ch. Notice in person may be by personal delivery to the tenant or any person residing at the tenant's dwelling who is 16 years of age or older or by personal delivery to the tenant's dwelling and affixing the notice to the inside of the main entry door. 92.103. (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.". Sec. interviewer says fair enough. Acts 1983, 68th Leg., p. 3635, ch. (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. Acts 2015, 84th Leg., R.S., Ch. 1399), Sec. 2404), Sec. 1, eff. (3) not entitled to the other repair and deduct remedies under Section 92.0561 or the judicial remedies under Subdivisions (1) and (2) of Subsection (a) of Section 92.0563. (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. Jan. 1, 1984. LANDLORD AND TENANT CHAPTER 91. 16, eff. 869, Sec. (h) If a landlord violates this section, the tenant may: (2) recover from the landlord a civil penalty of one month's rent plus $1,000, actual damages, court costs, and reasonable attorney's fees in an action to recover property damages, actual expenses, or civil penalties, less any delinquent rent or other sums for which the tenant is liable to the landlord. The notice must include a written description and itemized list of all damages, if any, and of unpaid rent, if any, including the dates the rent payments were due. Added by Acts 1989, 71st Leg., ch. 1, eff. Prop. 92.001. 92.061. 952, Sec. (C) damage the property of the landlord, other tenants, or neighbors. 2, eff. (2) more than once during a rental payment period. Redesignated from Property Code Sec. Facebook. Acts 2013, 83rd Leg., R.S., Ch. . 92.354. (f) If a landlord, after being furnished with a copy of this subchapter, knowingly violates Subsection (c), the landlord shall be liable to the estate of the deceased tenant for actual damages. January 1, 2008. Sec. Following delivery of the affidavit, the landlord must continue diligent efforts to repair or remedy the condition. (c) A tenant or a governmental entity or civic association acting on the tenant's behalf may file suit against a landlord to enjoin a violation of this section. 1, eff. The hearing shall be held not earlier than the first day and not later than the seventh day after the date the landlord requests a hearing. The tenant will have to give proper written notice and pay a fee. 1. (4) obtain judicial remedies according to Section 92.0563. So you may not have to pay much, if any additional rent, if you break your lease. A landlord is not exempt as provided by this subsection if the landlord knows or has reason to know that the requirements of this subsection are not fulfilled. Added by Acts 1995, 74th Leg., ch. 92.263. If another provision of this subchapter conflicts with this section, this section controls. 31.01(71), eff. 1205, Sec. 917 (H.B. LANDLORD'S DEFENSES RELATING TO COMPLIANCE WITH TENANT'S REQUEST. January 1, 2016. EMERGENCY PHONE NUMBER. 576, Sec. (7) recover court costs and attorney's fees, excluding any attorney's fees for a cause of action for damages relating to a personal injury. 92.1641. Renumbered from Sec. 5, eff. (3) the amount of rent and other charges for which the tenant is delinquent. 475 (S.B. Amended by Acts 1995, 74th Leg., ch. 1, eff. 1186), Sec. 3, eff. Sept. 1, 1997. (a) A landlord has a duty to mitigate damages if a tenant abandons the leased premises in violation of the lease. (2) increasing rent or reducing services as part of a pattern of rent increases or service reductions for an entire multidwelling project. (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. Jan. 1, 1996. Sec. (Tex. harp funeral notices merthyr tydfil best owb holster for s&w governor texas property code reletting fee. Added by Acts 1995, 74th Leg., ch. 1205, Sec. Amended by Acts 1989, 71st Leg., ch. 200, Sec. (e) A landlord may not change the locks on the door of a tenant's dwelling under Subsection (b)(3) on a day, or on a day immediately before a day, on which the landlord or other designated individual is not available, or on which any on-site management office is not open, for the tenant to tender the delinquent rent. Sec. 257 (H.B. LANDLORD 'S FAILURE TO CORRECT INFORMATION. (ii) the interior of the unit provides access for building wiring through an attic, crawl space, or basement without the removal of interior walls or ceiling finishes; (2) an addition occurs to the unit at a projected cost of more than $5,000; (3) a smoke alarm powered by alternating current was actually installed in the unit at any time prior to September 1, 1987; or. 744, Sec. A document signed after 1981 must include the grantee's mailing address. (a) A landlord shall disclose to a tenant, or to any government official or employee acting in an official capacity, according to this subchapter: (1) the name and either a street or post office box address of the holder of record title, according to the deed records in the county clerk's office, of the dwelling rented by the tenant or inquired about by the government official or employee acting in an official capacity; and. EFFECT ON OTHER LANDLORD DUTIES AND TENANT REMEDIES. (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. U.S.C. (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. Sec. 92.258. Amended by Acts 1989, 71st Leg., ch. (7) "Landlord" means a dwelling owner, lessor, sublessor, management company, or managing agent, including an on-site manager. Jan. 1, 1998. 92.167. Jan. 1, 1984. No further notice from the tenant is necessary in order for the tenant to repair or remedy the condition after a reasonable time has elapsed. 1399), Sec. 3, eff. (e) A landlord may comply with this section by providing to a tenant a complete copy of the lease: (2) in an electronic format if requested by the tenant; or. (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. (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. Added by Acts 1995, 74th Leg., ch. Renumbered from Property Code Sec. (j) This section does not affect a tenant's right to pursue a separate cause of action under Section 92.0081. Sec. NONRETALIATION. (c-2) Notwithstanding Subsection (c-1), a municipal housing authority located in a municipality that has a population of more than 500,000 and is not more than 50 miles from an international border, or a public facility corporation, affiliate, or subsidiary of the authority, may require that vehicles parked in a community of the authority, corporation, affiliate, or subsidiary be registered with the housing authority. 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. (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. In this subchapter: (1) "Bedroom" means a room designed with the intent that it be used for sleeping purposes. 3101), Sec. (b-1) A tenant may obtain relief under Subsection (b) if the tenant provides the landlord or the landlord's agent: (1) a copy of one or more of the following orders protecting the tenant or an occupant from family violence: (A) a temporary injunction issued under Subchapter F, Chapter 6, Family Code; (B) a temporary ex parte order issued under Chapter 83, Family Code; (C) a protective order issued under Chapter 85, Family Code; or, (D) an order of emergency protection under Article 17.292, Code of Criminal Procedure; or.

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