1, eff. 826, Sec. (b) If a tenant files or prosecutes a suit under this subchapter in bad faith, the landlord may recover possession of the dwelling unit and may recover from the tenant a civil penalty of one month's rent plus $500, court costs, and reasonable attorney's fees. Amended by Acts 1989, 71st Leg., ch. January 1, 2008. (5) If the new landlord violates this subsection, the new landlord is liable to the tenant for a civil penalty of one month's rent plus $2,000, actual damages, and attorney's fees. 576, Sec. The Texas Property Code, 92.101 - 92.109, protects the right of renters regarding their security deposit. January 1, 2010. (i) A landlord may not charge a tenant for normal wear and tear of a dwelling. Amended by Acts 1995, 74th Leg., ch. Sec. 475, Sec. September 1, 2011. (2) date the landlord accepts an application deposit if the landlord does not furnish the applicant an application form. (g) A party may appeal from the court's judgment at the hearing on the sworn complaint for restoration of utility service in the same manner as a party may appeal a judgment in a forcible detainer suit. (d) If there is more than one tenant on a lease, the landlord is not required under this section to send notices to the primary residence of more than one tenant. Added by Acts 2019, 86th Leg., R.S., Ch. 1371), Sec. LANDLORD 'S FAILURE TO CORRECT INFORMATION. 257 (H.B. Late Fees: Landlords in Texas can charge between 10-12% depending on how many units are on the property (4 or less at 12%, more than 4 at 10%). (6) unilateral termination of the lease without a court proceeding if the landlord violates Section 92.259(a)(2). 3101), Sec. (2) entered into a deferred payment plan that complies with Subsection (l). Aug. 31, 1987. The fair market rent shall be determined by the governmental agency subsidizing the rent, or in the absence of such a determination, it shall be a reasonable amount of rent under the circumstances. A waiver under this section does not apply if: (1) the tenant or the tenant's dependent moves into housing owned or occupied by family or relatives of the tenant or the tenant's dependent; or. 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. Section 92.019 Texas Property Code Sec. (a) If a landlord does not comply with Section 92.153 or 92.156(a) regarding installation or rekeying of a security device, the tenant may: (1) install or rekey the security device 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) serve a written request for compliance on the landlord, and, except as provided by Subsections (b) and (c), if the landlord does not comply on or before the third day after the date the notice is received, unilaterally terminate the lease without court proceedings; (3) file suit against the landlord without serving a request for compliance and obtain a judgment for: (A) a court order directing the landlord to comply, if the tenant is in possession of the dwelling; (D) attorney's fees except in suits for recovery of property damages, personal injuries, or wrongful death; and. (5) the landlord may discard the property removed by the landlord from the tenant's leased premises if: (A) the landlord has mailed a written request by certified mail, return receipt requested, to the person designated under Subsection (a) or (b), requesting that the property be removed; (B) the person failed to remove the property by the 30th day after the postmark date of the notice; and. (b) If a landlord is liable to the tenant under Subsection (a) of this section, the tenant may: (1) pay the utility company money to reconnect or avert the cutoff of utilities according to this section; (2) terminate the lease if the termination notice is in writing and move-out is to be within 30 days from the date the tenant has notice from the utility company of a future cutoff or notice of an actual cutoff, whichever is sooner; (3) deduct from the tenant's rent, without necessity of judicial action, the amounts paid to the utility company to reconnect or avert a cutoff; (4) if the lease is terminated by the tenant, deduct the tenant's security deposit from the tenant's rent without necessity of lawsuit or obtain a refund of the tenant's security deposit pursuant to law; (5) if the lease is terminated by the tenant, recover a pro rata refund of any advance rentals paid from the date of termination or the date the tenant moves out, whichever is later; (6) recover actual damages, including but not limited to moving costs, utility connection fees, storage fees, and lost wages from work; and. September 1, 2019. APPLICATION. 937, Sec. (2) the landlord does not give the information to the tenant or government official or employee before the eighth day after the date the tenant, official, or employee gives the landlord written notice that the tenant, official, or employee may exercise remedies under this subchapter if the landlord does not comply with the request by the tenant, official, or employee for the information within seven days. 1205, Sec. texas property code reletting fee. LANDLORD'S DEFENSE. Jan. 1, 1984. $3 fee for the first page and $2 for each succeeding page (Texas Local Government Code, Section 118.011). 91.006 - This regulation works in your favor. (c) Affidavits under this section may delay repair by the tenant for: (1) 15 days if the landlord's failure to repair is caused by a delay in obtaining necessary parts for which the landlord is not at fault; or. 2, eff. WAIVER. 48, Sec. (C) refund the tenant's security deposit, less lawful deductions, to the person designated under Subdivision (1). 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. HEIGHT REQUIREMENTS--SLIDING DOOR SECURITY DEVICES. 92.158. (3) changing the door locks on the door to the tenant's individual unit of a tenant who is delinquent in paying at least part of the rent. (B) does not increase the guarantor's potential financial obligation for rent that existed under the original lease. Added by Acts 2007, 80th Leg., R.S., Ch.
Guides: Landlord/Tenant Law: Security Deposits - Texas 2, eff. (c) If the date of required notice of acceptance or required refund of an application deposit is a Saturday, Sunday, or state or federal holiday, the required date shall be extended to the end of the next day following the Saturday, Sunday, or holiday. 1783), Sec. A lease termination charge is a fee that allows you to break your lease early without any loss or risk of paying the entirety of rent due for the lease term. Amended by Acts 1989, 71st Leg., ch. LEASE TERM AFTER NATURAL DISASTER. Sept. 1, 2001. June 20, 2003. Sec. 2, eff. 918, Sec. 952, Sec. Added by Acts 1999, 76th Leg., ch. Aug. 28, 1989. (b) If the landlord makes the notice available under Subsection (a), the applicant shall sign an acknowledgment indicating the notice was made available. A landlord may not charge the tenant a fee that is more than the reasonable cost of obtaining and administering the insurance purchased under this subsection. September 1, 2015. ALTERNATIVE COMPLIANCE. Jan. 1, 1984. 869, Sec. 92.354. LANDLORD'S DUTY TO PROVIDE COPY OF LEASE. 3) You must continue paying rent each month on the first, until a replacement tenant is found and starts paying rent for you. (b) Except as provided in Subsection (c), a landlord of a tenant who is liable under Subsection (a) may obtain a judgment against the tenant for damages suffered by the landlord because the tenant removed a battery from a smoke alarm without immediately replacing it with a working battery or knowingly disconnected or intentionally damaged the smoke alarm, causing it to malfunction. (b) The landlord may not retain any portion of a security deposit to cover normal wear and tear. (3) For conditions other than those specified in Subdivision (2) of this subsection, if the new landlord acquires title as described in this subsection and has notified the tenant of the name and address of the new landlord or the new landlord's authorized agent and if the tenant has not already contracted for the repair or remedy at the time the tenant is so notified, the tenant must deliver to the new landlord a written notice of intent to repair or remedy the condition, and the new landlord shall have a reasonable time to complete the repair before the tenant may repair or remedy the condition. September 1, 2017. 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. (2) may not be effective before the 14th day after the date notice of the change is delivered to the tenant, unless the change is the result of a construction or utility emergency. Jan. 1, 1984.
Subletting vs. Reletting - What's the difference? - Swamp Rentals A request by a government official or employee for information must be in writing. September 1, 2011. 92.051. (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. 1, eff. Sec. (g) Not later than the 30th day after the effective date of the termination of a lease under Subsection (f), the landlord shall refund to the tenant all rent or other amounts paid in advance under the lease for any period after the effective date of the termination of the lease. Cost of the early termination fee (typically 1-2 months or rent) The landlord will officially consider the lease terminated after receipt of the signed notice and early . Jan. 1, 1984. In addition to court costs and reasonable attorney's fees, a plaintiff who prevails under this subsection may recover from the landlord $500 for each violation of this section. Acts 1983, 68th Leg., p. 3632, ch. 1, eff. 6, eff. 12, eff. (a) The landlord is not obligated to return a tenant's security deposit or give the tenant a written description of damages and charges until the tenant gives the landlord a written statement of the tenant's forwarding address for the purpose of refunding the security deposit. 92.008. 92.110. 1, eff. Aug. 28, 1989; Acts 1997, 75th Leg., ch. The tenant will have to give proper written notice and pay a fee. RETALIATION BY LANDLORD. 475, Sec. The reletting . 1, eff. 92.205. 576, Sec. 3, eff. Sec. (e) A landlord, not later than the 30th day after the effective date of the termination of a lease under this section, shall refund to the residential tenant terminating the lease under Subsection (b) all rent or other amounts paid in advance under the lease for any period after the effective date of the termination of the lease. (c) The justice, county, and district courts have concurrent jurisdiction in an action under Subsection (a). January 1, 2010. (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. 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. 1293), Sec. 1, eff. Sec. 348 (S.B. 969 (H.B. 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. 69), Sec. If the person disobeyed the writ before receiving the show cause order but has complied with the writ after receiving the order, the justice may find the person in contempt and assess punishment under Section 21.002(c), Government Code. Rent delinquency is not a defense for a violation of Section 92.204. Termination of a lease under this subsection is effective when the tenant surrenders possession of the dwelling.
Tenant's Right to Break a Rental Lease in Texas | Nolo January 1, 2014. increasing citizen access. 531), Sec. 576, Sec. 48, Sec. (b) Notwithstanding this subchapter, a person licensed to install fire alarms or fire detection devices under Chapter 6002, Insurance Code, shall comply with that chapter when installing smoke alarms. A tenant's guest or invitee who suffers damage because the tenant removed a battery without immediately replacing it with a working battery or because the tenant knowingly disconnected or intentionally damaged the smoke alarm, causing it to malfunction, may recover a judgment against the tenant for the damage. 5, eff. 48, Sec. (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.