September 1, 2007. (2) in the case of a lease other than a lease described by Subdivision (1), on the last day of the month following the month in which the notice under Subsection (c)(1) is delivered. texas property code reletting fee. (c-1) As a precondition for allowing a tenant to park in a specific parking space or a common parking area that the landlord has made available for tenant use, the landlord may require a tenant to provide only the make, model, color, year, license number, and state of registration of the vehicle to be parked. This subchapter does not affect a duty of a landlord or a remedy of a tenant under Subchapter B regarding habitability. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. Sec. (b) A landlord's rejection of one co-applicant shall be deemed as a rejection of all co-applicants. (o) A landlord may not interrupt or cause the interruption of electric service under Subsection (h) for any of the following reasons: (1) a delinquency in payment for electric service furnished to a previous tenant; (2) failure to pay non-electric bills, rent, or other fees; (3) failure to pay electric bills that are six or more months delinquent; or. 650, Sec. Acts 2015, 84th Leg., R.S., Ch. A party who prevails in a suit under this subsection may recover court costs and reasonable attorney's fees from the other party. (2) entered into a deferred payment plan that complies with Subsection (l). (2) for a dwelling unit that is a one-family or two-family dwelling unit, installs smoke detectors in compliance with Chapter 766, Health and Safety Code. In an eviction suit, retaliation by the landlord under Section 92.331 is a defense and a rent deduction lawfully made by the tenant under this chapter is a defense for nonpayment of the rent to the extent allowed by this chapter. Jan. 1, 1984. (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. 576, Sec. Jan. 1, 1996. 2, eff. 12, eff. (4) establishes, attempts to establish, or participates in a tenant organization. 3101), Sec. Acts 1983, 68th Leg., p. 3639, ch. (C) located on the same lot or tract or adjacent lots or tracts of land. 92.061. January 1, 2006. (e) If a tenant, after being furnished with a copy of this subchapter, knowingly violates Subsection (a), the landlord shall have no responsibility after the tenant's death for removal, storage, disappearance, damage, or disposition of property in the tenant's leased premises. teriyaki chicken donburi wagamama . 869, Sec. . Added by Acts 2019, 86th Leg., R.S., Ch. 1109), Sec. Various state laws limit the maximum amount a landlord can charge, so check your state's laws and regulations. 0 attorneys agreed. 1072 (H.B. 92.151. 19, eff. Acts 1983, 68th Leg., p. 3634, ch. (c) Repairs and deductions under this section may be made as often as necessary so long as the total repairs and deductions in any one month do not exceed one month's rent or $500, whichever is greater. 917 (H.B. Added by Acts 2007, 80th Leg., R.S., Ch. (a) A landlord may not require a tenant to pay for repair or replacement of a security device due to normal wear and tear. (f) The landlord is not obligated to provide batteries for a battery-operated smoke alarm after a tenant takes possession if the smoke alarm was in good working order at the time the tenant took possession. 1, eff. REJECTION OF APPLICANT. 3101), Sec. 869, Sec. 409 (H.B. (2) impose monetary or other penalties on a tenant who summons police or emergency assistance if the assistance was requested or dispatched based on the tenant's reasonable belief that an individual was in need of intervention or emergency assistance. 126, Sec. (d) A provision of a lease that purports to waive a right or exempt a party from a liability or duty under this section is void. The written notice must include the customer's contact information and the tenant's remedies under Section 92.301. Sept. 1, 1999. 576, Sec. 92.0081. Jan. 1, 1984. Jan. 1, 1984. Sec. Acts 2015, 84th Leg., R.S., Ch. ATTORNEY'S FEES. 92.331. 2, eff. (2) made a notation in the landlord's files of the time, place, and method of providing the notice and the name of the person who delivered the notice by: (A) hand delivery to the tenant or any occupant of the tenant's dwelling over the age of 16 years at the tenant's dwelling; (B) facsimile to a facsimile number the tenant provided to the landlord for the purpose of receiving notices; or. (f) A landlord who violates this section is liable to the tenant for actual damages, a civil penalty equal to the amount of one month's rent plus $500, and attorney's fees. 92.301. DEFINITIONS. 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. 1, eff. 689, Sec. 92.153. 946), Sec. (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. If the tenant's rent payment to the landlord is subsidized in whole or in part by a governmental entity, the civil penalty granted under this section shall reflect the fair market rent of the dwelling plus $500. (4) "French doors" means a set of two exterior doors in which each door is hinged and abuts the other door when closed. 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. 869, Sec. (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 tenant who in bad faith violates this section is liable to the landlord for an amount equal to three times the rent wrongfully withheld and the landlord's reasonable attorney's fees in a suit to recover the rent. 576, Sec. Amended as Sec. (a) 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: (1) notice and other communications required or permitted by this subchapter; (2) notice and other communications from a governmental body relating to a violation of health, sanitation, safety, or nuisance laws on the landlord's property where the dwelling is located, including notices of: (D) reimbursement of costs incurred by the governmental body in curing the violation; (b) If the landlord's name and business street address in this state have not been furnished in writing to the tenant or government official or employee, the person who collects the rent from a tenant is the landlord's authorized agent for purposes of Subsection (a). However, this subchapter does not: (1) affect a local ordinance adopted before September 1, 1981, that requires landlords to install smoke alarms in new or remodeled dwelling units before September 1, 1981, if the ordinance conforms with or is amended to conform with this subchapter; (2) limit or prevent adoption or enforcement of a local ordinance relating to fire safety as a part of a building, fire, or housing code, including any requirements relating to the installation of smoke alarms or the type of smoke alarms; (3) otherwise limit or prevent the adoption of a local ordinance that conforms to this subchapter but which contains additional enforcement provisions, except as provided by Subsection (b); or. Unless possession of a firearm or firearm ammunition on a landlord's property is prohibited by state or federal law, a landlord may not prohibit a tenant or a tenant's guest from lawfully possessing, carrying, transporting, or storing a firearm, any part of a firearm, or firearm ammunition: (2) in a vehicle located in a parking area provided for tenants or guests by the landlord of the leased premises; or. 357, Sec. 92.251. (b) A landlord may allow an occupancy rate of more than three adult tenants per bedroom: (1) to the extent that the landlord is required by a state or federal fair housing law to allow a higher occupancy rate; or. NOTICE OF TENANT'S DEDUCTION OF REPAIR COSTS FROM RENT. From packing to loading, our team of experienced movers will take care of your personal belongings and make your move to your new home easy and stress-free. 576, Sec. 92.333 by Acts 1997, 75th Leg., ch. 92.201. 1, eff. (g) If the landlord is liable to the tenant under Section 92.056 and if a new landlord, in good faith and without knowledge of the tenant's notice of intent to repair, has acquired title to the tenant's dwelling by foreclosure, deed in lieu of foreclosure, or general warranty deed in a bona fide purchase, then the following shall apply: (1) The tenant's right to terminate the lease under this subchapter shall not be affected, and the tenant shall have no duty to give additional notice to the new landlord. (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. (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) The justice, county, and district courts have concurrent jurisdiction in an action under Subsection (a). Total fees vary depending on the situation, and most lease contracts have clauses designed to clarify such details. However, this subchapter does not prohibit the adoption of a local ordinance that conforms to this subchapter but which contains additional enforcement provisions. Sec. Sept. 1, 1999. January 1, 2010. Acts 2009, 81st Leg., R.S., Ch. 13, eff. Texas law governing commercial leases is found in Title 8, Chapter 93 of the Texas Property Code. 576, Sec. 5, eff. Sec. Sec. (2) checking to ensure the fire extinguisher gauge or pressure indicator indicates the correct pressure as recommended by the manufacturer of the fire extinguisher. (c-1) If the family violence is committed by a cotenant or occupant of the dwelling, a tenant may exercise the right to terminate the lease under the procedures provided by Subsection (b-1)(1)(A), (C), or (D) or (b-1)(2) and Subsection (c), except that the tenant is not required to provide the notice described by Subsection (c)(3). January 1, 2021. Renumbered from Sec. 69), Sec. Acts 2007, 80th Leg., R.S., Ch. (h) A landlord who violates this section is liable to the tenant for actual damages, a civil penalty in an amount equal to the amount of one month's rent plus $500, and attorney's fees. 1, eff. You should seek insurance coverage that would cover losses caused by a flood.".