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(B) does not increase the guarantor's potential financial obligation for rent that existed under the original lease. 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. SUBCHAPTER E. DISCLOSURE OF OWNERSHIP AND MANAGEMENT. Sec. (6) No provision of this section shall affect any right of a foreclosing superior lienholder to terminate, according to law, any interest in the premises held by the holders of subordinate liens, encumbrances, leases, or other interests and shall not affect any right of the tenant to terminate the lease according to law. 1, eff. 1168), Sec. http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.92.htm#92.019 Jan. 1, 1996. (B) arises from the landlord's failure to provide and maintain in good operating condition a device to supply hot water of a minimum temperature of 120 degrees Fahrenheit. 794, Sec. Added by Acts 1999, 76th Leg., ch. APPLICATION OF SUBCHAPTER. 1414), Sec. (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. 92.016. (2) the tenant and the tenant's dependent move, wholly or partly, because of a significant financial loss of income caused by the tenant's military service. Acts 2021, 87th Leg., R.S., Ch. (2) The tenant has given notice to the landlord as required by Section 92.056(b)(1), and, if required, a subsequent notice under Section 92.056(b)(3), and at least one of those notices states that the tenant intends to repair or remedy the condition. 1, eff. 92.203. 92.023. 576, Sec. 1, eff. ADDITIONAL ENFORCEMENT BY LOCAL ORDINANCE. 1, eff. Jan. 1, 1984. 651 (H.B. 2, eff. 1, eff. 744, Sec. A document signed after 1981 must include the grantee's mailing address. Acts 2011, 82nd Leg., R.S., Ch. (2) within a reasonable time after receiving a written request by a 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. 1, eff. 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. (d) A landlord who fails either to return a security deposit or to provide a written description and itemization of deductions on or before the 30th day after the date the tenant surrenders possession is presumed to have acted in bad faith. 92.101. 3, eff. Sec. Understanding the Law The reletting fee is typically 150% of one month's rent. (a) If a tenant files or prosecutes a suit for retaliatory action based on a complaint asserted under Section 92.331(a)(3), and the government building or housing inspector or utility company representative visits the premises and determines in writing that a violation of a building or housing code does not exist or that a utility problem does not exist, there is a rebuttable presumption that the tenant acted in bad faith. (4) documentation of a protective order issued under Subchapter A, Chapter 7B, Code of Criminal Procedure, except for a temporary ex parte order. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1997. 18, eff. (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. Jan. 1, 1996. (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. A landlord and tenant may agree otherwise in a written lease. 512 (H.B. Sec. 92.260. 1, 3, eff. 576, Sec. Sec. 7.002(o), eff. LANDLORD'S AGENT FOR SERVICE OF PROCESS. (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. 576, Sec. 1, eff. Sec. 2, eff. 221 (H.B. 48, Sec. The tenant has the burden of proving that the misuse or damage was caused by another party. The landlord's duty of inspection and repair of smoke alarms under Subchapter F may be waived only by written agreement. DUTY TO REPAIR OR REPLACE. 2, eff. (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. A landlord acts in bad faith and is liable according to this subchapter if the landlord gives an incorrect name or address under Subsection (a) of Section 92.201 by wilfully: (1) disclosing incorrect information under Section 92.201(b)(1) or (2) or Section 92.201(d); or. 23.011, eff. Sec. September 1, 2011. The term does not include a kitchen, dining room, bathroom, living room, utility room, or closet or storage area of a dwelling. 357, Sec. Sept. 1, 1995. 92.051. Reletting is a penalty for breaking your lease. (a) In a lawsuit by a tenant under either a written or oral lease for a dwelling or in a suit to enforce a legal obligation of the owner as landlord of the dwelling, the owner's agent for service of process is determined according to this section. (2) in addition to other remedies available under law, recover from the landlord an amount equal to the sum of the tenant's actual damages, one month's rent plus $1,000, reasonable attorney's fees, and court costs, less any delinquent rents or other sums for which the tenant is liable to the landlord. Sept. 1, 1995; Acts 1995, 74th Leg., ch. The landlord has a defense to liability under Section 92.259 if: (1) on the date the tenant gives the notice required by Section 92.259 the tenant has not paid all rent due from the tenant; or. September 1, 2021. EMERGENCY PHONE NUMBER. Amended by Acts 1993, 73rd Leg., ch. If you move out before your lease is up, your landlord may subtract a reletting fee from your security deposit. (a) In this section: (1) "Customer" means a person who is responsible for bills received for electric utility service or gas utility service provided to nonsubmetered master metered multifamily property. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING TENANT'S DEATH. Sec. (a) A representative of the estate of a tenant who dies before the expiration of the tenant's lease and was, at the time of the tenant's death, the sole occupant of a rental dwelling may terminate the tenant's rights and obligations under the lease and may vacate the leased premises and avoid liability for future rent and any other sums due under the lease for terminating the lease and vacating the leased premises before the end of the lease term if: (1) the representative provides to the landlord or the landlord's agent written notice of the termination of the lease under this section; (2) the deceased tenant's property is removed from the leased premises in accordance with Section 92.014(c) or (d); and. 1, eff. (b) A tenant may terminate the tenant's rights and obligations under a lease and may vacate the dwelling and avoid liability for future rent and any other sums due under the lease for terminating the lease and vacating the dwelling before the end of the lease term if the tenant complies with Subsection (c). Your written termination notice must include payment of the reletting fee listed in paragraph 28 of your lease agreement. (last accessed Jun. 1, eff. (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. 576, Sec. 15 (S.B. (d) The requirements of this section do not apply to a keyed dead bolt or a keyless bolting device in one door of a pair of French doors that is installed in accordance with the requirements of Section 92.153(b)(1) or (2). 576, Sec. (4) a judgment against the landlord for court costs and attorney's fees. 92.353. PROCEDURES FOR NOTICE OR REFUND. Section 4001 et seq.). September 1, 2011. (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). (Tex. (1) fail to give written move-out notice as required in paragraphs 23 or 37; or. (a) If a landlord has interrupted utility service in violation of Section 92.008, the tenant may obtain relief as provided by this section. 3) You must continue paying rent each month on the first, until a replacement tenant is found and starts paying rent for you. (b) If a rental applicant requests that any acceptance of the applicant or any refund of the applicant's application deposit be mailed to the applicant, the landlord must mail the refund check to the applicant at the address furnished by the applicant. EFFECT ON OTHER RIGHTS. The nonprevailing party in a suit under this section is liable to the prevailing party for reasonable attorney's fees and court costs. Sec. Sec. (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. 869, Sec. SMOKE ALARM. (a) For purposes of this section: (1) "Family violence" has the meaning assigned by Section 71.004, Family Code. (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. 1060 (H.B. The power system and installation procedure of a security device that is electrically operated rather than battery operated must comply with applicable local ordinances. 1, eff. Unless the landlord and tenant agree otherwise under Subsection (g) of this section, repairs may not be made by the tenant, the tenant's immediate family, the tenant's employer or employees, or a company in which the tenant has an ownership interest. LANDLORD 'S DEFENSE. 92.255. If the justice finds, after considering the evidence at the hearing, that the person has directly or indirectly disobeyed the writ, the justice may commit the person to jail without bail until the person purges the contempt action or omission in a manner and form as the justice may direct. 917 (H.B. The device must be: (A) a clear glass pane or one-way mirror; or. HARASSMENT. Tweet Twitter . 3, eff. (f) The closing of a rental unit does not prohibit the occupancy of other apartments, nor does this subchapter prohibit occupancy of or utility service by master or individual meter to other rental units in an apartment complex that have not been closed under this section. (f) A tenant's guest or invitee who suffers damage because of a landlord's failure to install, inspect, or repair a smoke alarm as required by this subchapter may recover a judgment against the landlord for the damage. The writ of restoration of utility service must notify the landlord of the right to a hearing. (6) the tenant was not delinquent in the payment of rent at the time any notice required by this subsection was given. (4) obtain judicial remedies according to Section 92.0563. Paying out-of-pocket - Lease agreements often include penalties and fees for breaking a lease. (c) A smoke alarm may be located other than as required by Subsection (a) or (b) if a local ordinance or a local or state fire marshal approves. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING CERTAIN SEX OFFENSES OR STALKING. January 1, 2010. (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. Check your specific lease agreement or renewal for your amount. 92.153. INSTALLATION AND LOCATION. 1268 (H.B. January 1, 2022. 357, Sec. 2, eff. 92.055. 4, eff. 917 (H.B. 165, Sec. (e) The landlord is entitled to a hearing on the tenant's sworn complaint for restoration of utility service. 869, Sec. 1072 (H.B. Amended by Acts 1995, 74th Leg., ch. (Please fully complete and return to us the Texas Realtors Notice of Tenant's Intent To Vacate Form) 2.) 138, Sec. (f) A landlord who violates Subsection (b), (c), (d), or (e) is liable for a civil penalty in the amount of $100 plus any towing or storage costs that the tenant incurs as a result of the towing of the tenant's vehicle. Renumbered from Property Code Sec. Sec. (k) The fee for filing a sworn complaint for restoration of utility service is the same as that for filing a civil action in justice court. (4) the landlord, at the same time the service is interrupted, hand delivers or places on the tenant's front door a written notice that: (A) prominently displays the words "electricity termination notice" or similar language underlined or in bold; and. (b) If the landlord does not provide a written explanation for delay in performing a duty to repair or remedy on or before the fifth day after receiving from the tenant a written demand for an explanation, the landlord has the burden of proving that he made a diligent effort to repair and that a reasonable time for repair did not elapse. Acts 2017, 85th Leg., R.S., Ch. (b) This section does not preclude a cause of action for negligence in leasing of a dwelling by a landlord or a landlord's manager or agent to a tenant, if: (A) was convicted of an offense listed in Article 42A.054, Code of Criminal Procedure; or, (B) has a reportable conviction or adjudication, as defined by Article 62.001, Code of Criminal Procedure; and. January 1, 2020. (i) A landlord is subject to the tenant remedies provided by Section 92.164(a)(4) if the landlord: (1) deactivates or does not install a keyless bolting device, claiming an exemption under Subsection (e), (f), or (g); and. The Federal Emergency Management Agency (FEMA) maintains a flood map on its Internet website that is searchable by address, at no cost, to determine if a dwelling is located in a flood hazard area.