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. Sec. Added by Acts 1995, 74th Leg., ch. In any litigation under this subsection, the prevailing party shall recover reasonable attorney's fees from the nonprevailing party. 92.101. TENANT'S REMEDY ON NOTICE FROM MANAGEMENT COMPANY. Sec. Amended by Acts 1997, 75th Leg., ch. (b) A management company or managing agent who is not the owner of a dwelling and who has not purported to be the owner in the lease has a defense to liability under Sections 92.164 and 92.165 if before the date the tenant is in possession of the dwelling or the date of the tenant's request for installation, repair, replacement, change, or rekeying and before any property damage or personal injury to the tenant, the management company or managing agent: (1) did not have funds of the dwelling owner in its possession or control with which to comply with this subchapter; (2) made written request to the dwelling owner that the owner fund and allow installation, repair, change, replacement, or rekeying of security devices as required under this subchapter and mailed the request, certified mail return receipt requested, to the dwelling owner; and. 10, eff. Amended by Acts 1985, 69th Leg., ch. 31.01(71), eff. Sec. (3) of the charges for each option described by Subdivision (1) or (2). However, a landlord may deactivate or remove the locking mechanism of a doorknob lock or remove any device not qualifying as a keyless bolting device if a keyed dead bolt has been installed on the same door. 92.1041. 92.157. January 1, 2008. Acts 2007, 80th Leg., R.S., Ch. Jan. 1, 1984. (c) The tenant's claim to the security deposit takes priority over the claim of any creditor of the landlord, including a trustee in bankruptcy. 92.167. 588 (S.B. Sec. Jan. 1, 1996. Sec. (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. 5, eff. 1, eff. What is a Reletting charge in Texas? - Recipes FAQs (a) A landlord's duty or a tenant's remedy concerning security deposits, security devices, the landlord's disclosure of ownership and management, or utility cutoffs, as provided by Subchapter C, D, E, or G, respectively, may not be waived. Reletting is your best course of action if you need to terminate your lease agreement for any reason. Jan. 1, 1984. 5. a judgment against the landlord for attorney 's fees in an action under Subdivision (1) or (3); and 6. unilateral termination of the lease without a court proceeding if the landlord violates Section 92.259(a)(2). Subchapter E - Texas Property Code Sec. (a) A landlord may close a rental unit at any time by giving written notice by certified mail, return receipt requested, to the tenant and to the local health officer and local building inspector, if any, stating that: (1) the landlord is terminating the tenancy as soon as legally possible; and. However, this subchapter does not prohibit the adoption of a local ordinance that conforms to this subchapter but which contains additional enforcement provisions. (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. 17.001(b), eff. Jan. 1, 1984. PROPERTY CODE TITLE 8. We will always provide free access to the current law. Sept. 1, 1993. 409 (H.B. 1112 (H.B. RELETTING Definition | Law Insider (C) the landlord, prior to the date of discarding the property, has not been contacted by anyone claiming the property. Sec. (a) If a security deposit is required by a residential lease, the landlord may choose to offer the tenant an option to pay a fee in lieu of a security deposit. APPLICATION. 375), Sec. (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. . 92.205. (2) there is no controversy concerning the amount of rent owed. 92.332. (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. 257 (H.B. 576, Sec. 92.351. A party who prevails in a suit brought under this subsection may recover court costs and reasonable attorney's fees from the other party. Check your specific lease agreement or renewal for your amount. 92.257. The tenant shall have the burden of pleading and proving a knowing violation. September 1, 2007. However, the tenant's remedies under this section shall cease if: (1) the landlord provides the tenant with written evidence from the utility that all delinquent sums due the utility have been paid in full; and. A managing agent, leasing agent, or resident manager is the agent of the landlord for purposes of notice and other communications required or permitted by this subchapter. PROCEDURES FOR NOTICE OR REFUND. Sec. Acts 2011, 82nd Leg., R.S., Ch. or TAR (Texas Association of Realtors) form, then it comports with property code law and means what it says. DISCLOSURE OF OWNERSHIP AND MANAGEMENT. (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. 588 (S.B. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. (e) A landlord who violates Subsection (b) or (d) is liable to the tenant for an amount equal to the total of one month's rent plus $100 and attorney's fees. A landlord and tenant may agree to the provisions of this subsection only if the agreement meets the requirements of Subdivision (4) of Subsection (e) of this section. (b) A landlord who receives a cash rental payment shall: (1) provide the tenant with a written receipt; and. Texas Landlord-Tenant Laws Resource Guide - Rentec Direct Blog 1060 (H.B. (2) payable at the time each rent payment is due during the lease. 1, eff. 576, Sec. However . (a) The landlord is not liable for retaliation under this subchapter if the landlord proves that the action was not made for purposes of retaliation, nor is the landlord liable, unless the action violates a prior court order under Section 92.0563, for: (1) increasing rent under an escalation clause in a written lease for utilities, taxes, or insurance; or. 92.168. TENANT REMEDIES FOR OTHER LANDLORD VIOLATIONS. 92.260. (5) court costs and attorney's fees, excluding any attorney's fees for a cause of action for damages relating to a personal injury. (h) A fee collected under this section is not a security deposit for purposes of this chapter if: (1) an agreement was signed under Subsection (c); and. 1, eff. Acts 2013, 83rd Leg., R.S., Ch. 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. The reletting fee is typically 150% of one month's rent. Sept. 1, 1997. Sept. 1, 1997. 1367), Sec. (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. (2) the date on which all of the conditions in Subsection (a) have been met. (i) If a landlord violates Subsection (f), the tenant may recover, in addition to the remedies provided by Subsection (h), an additional civil penalty of one month's rent. September 1, 2011. 348 (S.B. January 1, 2014. 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. Added by Acts 2013, 83rd Leg., R.S., Ch. (16) "Window latch" means a device on a window that prevents the window from being opened and that is operated without a key and only from the interior. 576, Sec. (g) 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 certain sexual offenses or stalking.". Under Texas law, a landlord has an obligation to mitigate damages. 92.051. 4, eff. (3) if the dwelling unit has multiple levels, at least one smoke alarm must be located on each level. (2) more than once during a rental payment period. 921 (H.B. (2) the tenant requested that the landlord repair, install, change, or rekey the same security device during the 30 days preceding the tenant's request, and the landlord complied with the request. 744, Sec. for non-profit, educational, and government users. (a) This subchapter does not apply to: (1) a dwelling unit that is occupied by its owner, no part of which is leased to a tenant; (2) a dwelling unit in a building five or more stories in height in which smoke alarms are required or regulated by local ordinance; or. (q) The landlord may not evict a tenant for failure to pay an electric bill when the landlord has interrupted the tenant's electric service under Subsection (h) unless the tenant fails to pay for the electric service after the electric service has been interrupted for at least two days, not including weekends or state or federal holidays. September 1, 2015. (b) A landlord who knowingly violates Section 92.006 by contracting orally or in writing with a tenant to waive the landlord's duty to repair under this subchapter shall be liable to the tenant for actual damages, a civil penalty of one month's rent plus $2,000, and reasonable attorney's fees. September 1, 2011. Renumbered from Property Code Sec. Sec. Except as provided by Section 92.164(a)(1) or 92.165(1) regarding the remedy of repair-and-deduct, a tenant may not remove, change, rekey, replace, or alter a security device or have it removed, changed, rekeyed, replaced, or altered without permission of the landlord. 7, eff. (l) This section does not affect the ability of a landlord to pursue other available remedies, including the remedies provided by Chapter 24. A landlord is entitled to verify the significant financial loss of income in order to determine whether a tenant is entitled to terminate a lease if the tenant has signed a waiver under this section and moves within 30 miles of the dwelling into housing that is not owned or occupied by family or relatives of the tenant or the tenant's dependent. The tenant may unilaterally terminate the lease or exercise other remedies under Sections 92.164 and 92.165 after receiving written notice from a management company that the owner of the dwelling has not provided or will not provide funds to repair, install, change, replace, or rekey a security device as required by this subchapter. (3) the representative signs an inventory of the removed property, if required by the landlord or the landlord's agent. 5.202 Texas Property Code - PROP 5.202. 1, eff. Jan. 1, 1996. NOTICE FOR DWELLING LOCATED IN FLOODPLAIN. 1, eff. (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. Amended by Acts 1997, 75th Leg., ch. Examples of RELETTING in a sentence. 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 . 3101), Sec. 18 (S.B. 1, eff. Jan. 1, 1984. 1, eff. 3, eff. (a) This subchapter does not apply to: (1) a room in a hotel, motel, or inn or to similar transient housing; (2) residential housing owned or operated by a public or private college or university accredited by a recognized accrediting agency as defined under Section 61.003, Education Code; (3) residential housing operated by preparatory schools accredited by the Texas Education Agency, a regional accrediting agency, or any accrediting agency recognized by the commissioner of education; or. 92.012. TEXAS ATTORNEY ONLYwith current bar passed and licensed.What are limitations surrounding Reletting Fees? Sec. Unlawful Early Move-Out And Reletting Charge. Sec. LANDLORD'S DEFENSES RELATING TO INSTALLING OR REKEYING CERTAIN SECURITY DEVICES. 92.008. NOTICE OF UTILITY DISCONNECTION OF NONSUBMETERED MASTER METERED MULTIFAMILY PROPERTY TO MUNICIPALITIES, OWNERS, AND TENANTS. Jan. 1, 1996. A security device that is installed, changed, or rekeyed under this subchapter becomes a fixture of the dwelling. NOTICE FOR TERMINATING CERTAIN TENANCIES. (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. 826, Sec. 92.156. 917 (H.B. Added by Acts 2005, 79th Leg., Ch. What is a Reletting charge? - Quora Court costs may be waived only if the tenant executes a pauper's affidavit. 48, Sec. 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. (2) "Applicant" or "rental applicant" means a person who makes an application to a landlord for rental of a dwelling. 5, eff. (C) an advocate as defined by Section 93.001, Family Code, who assisted the victim. The reletting fee is typically 150% of one month's rent. 1205, Sec. Sept. 1, 2003. entrepreneurship, were lowering the cost of legal services and (a) The tenant may not withhold payment of any portion of the last month's rent on grounds that the security deposit is security for unpaid rent. (d) The landlord must comply with the tenant's request for inspection or repair of a smoke alarm within a reasonable time, considering the availability of material, labor, and utilities. June 17, 2005, except Subsec. (d) This section does not affect the obligations or liability of the tenant or the tenant's estate under the lease before the lease is terminated under this section, including the liability of the tenant or the tenant's estate for: (2) damages to the leased premises not caused by normal wear and tear. AGENTS FOR DELIVERY OF NOTICE. (d) A landlord may not continue to prosecute and a court shall abate an action to enforce the lease, other than an action for nonpayment of rent, only until the landlord provides to a tenant a complete copy of the lease if the tenant submits to the court evidence in a plea in abatement or otherwise that the landlord failed to comply with Subsection (a) or (b). (a) A landlord may not remove a door, window, or attic hatchway cover or a lock, latch, hinge, hinge pin, doorknob, or other mechanism connected to a door, window, or attic hatchway cover from premises leased to a tenant or remove furniture, fixtures, or appliances furnished by the landlord from premises leased to a tenant unless the landlord removes the item for a bona fide repair or replacement. Jan. 1, 1984. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 650, Sec. Ask Your Own Real Estate Law Question 91.006 supports reletting fees by charging an assessment. (B) if the report or record described by Paragraph (A) identifies the victim by means of a pseudonym, as defined by Article 58.001, Code of Criminal Procedure, a copy of a pseudonym form completed and returned under Article 58.152(a) of that code. 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. AGENT FOR DELIVERY OF NOTICE. Sec. (c) Regardless of whether the lease contains language complying with the requirements of Subsection (b), the additional time for landlord compliance provided by Subsection (b) does not apply if at the time the tenant served the written request for compliance on the landlord the tenant informed the landlord that an unauthorized entry occurred or was attempted in the tenant's dwelling, an unauthorized entry occurred or was attempted in another unit in the multiunit complex in which the tenant's dwelling is located during the two months preceding the date of the request, or a crime of personal violence occurred in the multiunit complex in which the tenant's dwelling is located during the two months preceding the date of the request, unless despite the diligence of the landlord: Sec. The drop bolt system must prevent the door from being opened unless the central plate is lifted off of the doorjamb restraint by a person who is on the interior side of the door. 1371), Sec. 4, eff. Sec. 826, Sec. September 1, 2011. If the landlord's employees perform the work, the charge may include a reasonable amount for overhead but may not include a profit to the landlord. (b) A customer shall provide written notice of a service disconnection to each tenant or owner at a nonsubmetered master metered multifamily property not later than the fifth day after the date the customer receives a notice of service disconnection from an electric service provider or a gas utility. (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. REMOVAL OF PROPERTY AND EXCLUSION OF RESIDENTIAL TENANT. 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. 1293), Sec. Your written termination notice must include payment of the reletting fee listed in paragraph 28 of your lease agreement. Texas Property Code as it applies to landlord and tenant arrangements. (d) A landlord may rebut the presumption provided by Subsection (a) or (b) if despite the diligence of the landlord: (1) the landlord did not know of the tenant's request, without the fault of the landlord; (2) materials, labor, or utilities were unavailable; or. (d) Affidavits for delay based on grounds other than those listed in Subsection (c) of this section are unlawful, and if used, they are of no effect. (j) This section does not affect a tenant's right to pursue a separate cause of action under Section 92.0081. The term does not include a kitchen, dining room, bathroom, living room, utility room, or closet or storage area of a dwelling. (p) A landlord who provides notice in accordance with Subsection (h) may not apply a payment made by a tenant to avoid interruption of electric service or reestablish electric service to rent or any other amounts owed under the lease. 918, Sec. 13, eff. (2) the landlord has given notice to the tenant that the landlord intends to exercise the landlord's remedies under this subchapter if the tenant does not reconnect, repair, or replace the smoke alarm or replace the removed battery within seven days after being notified by the landlord to do so. (b) Except as provided by Subsection (a), a dwelling to which this subchapter applies includes: (1) a room in a dormitory or rooming house; (3) a single family house, duplex, or triplex; and. 48, Sec. January 1, 2008. 9, eff. 0 attorneys agreed. 1, eff. (i) Except as provided by Subsection (j), a tenant's right to terminate a lease before the end of the lease term, vacate the dwelling, and avoid liability under this section may not be waived by a tenant.