1, eff. 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. 917 (H.B. (a) A person other than a tenant who guarantees a lease is liable only for the original lease term except that a person may specify that the person agrees to guarantee a renewal of the lease as provided by Subsection (b). Texas Property Code Section 53.156 - Costs and Attorney's Fees Texas Statutes Prop. 92.011. 1, eff. (4) a judgment against the landlord for court costs and attorney's fees. Notice by mail may be by regular mail, by registered mail, or by certified mail, return receipt requested. (d) If the landlord closes the rental unit after the tenant gives the landlord a notice to repair and the tenant moves out on or before the end of the rental term, the landlord must pay the tenant's actual and reasonable moving expenses, refund a pro rata portion of the tenant's rent from the date the tenant moves out, and, if otherwise required by law, return the tenant's security deposit. 13, eff. 917 (H.B. 92.252. The fee for service of a writ of restoration of utility service is the same as that for service of a writ of possession. LANDLORD'S DEFENSES RELATING TO INSTALLING OR REKEYING CERTAIN SECURITY DEVICES. Notice: 92.019, Property Code prohibits assessing a late fee until rent has remained unpaid for at least one full day after the date on which the rent is due. (c) A tenant may exercise the rights to terminate the lease under Subsection (b), vacate the dwelling before the end of the lease term, and avoid liability beginning on the date after all of the following events have occurred: (1) a judge signs an order described by Subsection (b-1)(1) if the tenant obtained such an order; (2) the tenant provides a copy of the relevant documentation described by Subsection (b-1)(1) or (2), as applicable, to the landlord; (3) the tenant provides written notice of termination of the lease to the landlord on or before the 30th day before the date the lease terminates; (4) the 30th day after the date the tenant provided notice under Subdivision (3) expires; and. 1, eff. September 1, 2011. (a) A tenant's judicial remedies under Section 92.056 shall include: (1) an order directing the landlord to take reasonable action to repair or remedy the condition; (2) an order reducing the tenant's rent, from the date of the first repair notice, in proportion to the reduced rental value resulting from the condition until the condition is repaired or remedied; (3) a judgment against the landlord for a civil penalty of one month's rent plus $500; (4) a judgment against the landlord for the amount of the tenant's actual damages; and. A tenant may request that the landlord provide to the tenant a written statement of whether the tenant owes a late fee to the landlord and, if so, the amount of the late fee. 1, eff. 1. 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. (e) A landlord and a tenant may agree for the tenant to repair or remedy, at the tenant's expense, any condition covered by Subchapter B if all of the following conditions are met: (1) at the beginning of the lease term the landlord owns only one rental dwelling; (2) at the beginning of the lease term the dwelling is free from any condition which would materially affect the physical health or safety of an ordinary tenant; (3) at the beginning of the lease term the landlord has no reason to believe that any condition described in Subdivision (2) of this subsection is likely to occur or recur during the tenant's lease term or during a renewal or extension; and. (c) If the tenant is a victim or a parent or guardian of a victim of sexual assault under Section 22.011, Penal Code, aggravated sexual assault under Section 22.021, Penal Code, indecency with a child under Section 21.11, Penal Code, sexual performance by a child under Section 43.25, Penal Code, continuous sexual abuse of young child or disabled individual under Section 21.02, Penal Code, or an attempt to commit any of the foregoing offenses under Section 15.01, Penal Code, that takes place during the preceding six-month period on the premises or at any dwelling on the premises, the tenant shall provide to the landlord or the landlord's agent a copy of: (1) documentation of the assault or abuse, or attempted assault or abuse, of the victim from a licensed health care services provider who examined the victim; (2) documentation of the assault or abuse, or attempted assault or abuse, of the victim from a licensed mental health services provider who examined or evaluated the victim; (3) documentation of the assault or abuse, or attempted assault or abuse, of the victim from an individual authorized under Chapter 420, Government Code, who provided services to the victim; or. Sec. 92.332. (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. 942, Sec. (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. Sept. 1, 1995. 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. 3, eff. Sept. 1, 1993. (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. 869, Sec. LANDLORD AFFIDAVIT FOR DELAY. (b) A requirement that a tenant give advance notice of surrender as a condition for refunding the security deposit is effective only if the requirement is underlined or is printed in conspicuous bold print in the lease. (4) failure to pay an electric bill disputed by the tenant, unless the landlord has conducted an investigation as required by the particular case and reported the results in writing to the tenant. Sept. 1, 2001. . (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. (a) A landlord may not collect from a tenant a late fee for failing to pay any portion of the tenant's rent unless: (1) notice of the fee is included in a written lease; (3) any portion of the tenant's rent has remained unpaid two full days after the date the rent was originally due. (g) A tenant's right to vacate a dwelling and avoid liability under Section 92.016 or 92.017 may not be waived by a tenant or a landlord, except as provided by those sections. LANDLORD'S DEFENSES RELATING TO COMPLIANCE WITH TENANT'S REQUEST. (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. (a) A landlord has a duty to mitigate damages if a tenant abandons the leased premises in violation of the lease. 576, Sec. Sec. Added by Acts 2015, 84th Leg., R.S., Ch. A landlord complies with the requirements of this subchapter relating to the provision of smoke alarms in the dwelling unit if the landlord: (1) has a fire detection device, as defined by Section 6002.002, Insurance Code, that includes a fire alarm device, as defined by Section 6002.002, Insurance Code, installed in a dwelling unit; or. CASH RENTAL PAYMENTS. (4) "French doors" means a set of two exterior doors in which each door is hinged and abuts the other door when closed. Acts 2013, 83rd Leg., R.S., Ch. (f) A landlord who intentionally prevents a tenant from entering the tenant's dwelling under Subsection (b)(3) must provide the tenant with a key to the changed lock on the dwelling without regard to whether the tenant pays the delinquent rent. 1, eff. The fee for service of a show cause order is the same as that for service of a civil citation. 92.264. 92.0191. If you do not meet the selection criteria, or if you provide inaccurate or incomplete information, your application may be rejected and your application fee will not be refunded.". 687, Sec. A landlord who issues a parking permit to a tenant: (1) must issue the permit for a term that is coterminous with the tenant's lease term; and. (c) A security device required by Subsection (a) or (b) must be installed at the landlord's expense. (a) The applicant is deemed rejected by the landlord if the landlord does not give notice of acceptance of the applicant on or before the seventh day after the: (1) date the applicant submits a completed rental application to the landlord on an application form furnished by the landlord; or. January 1, 2014. 3101), Sec. September 1, 2011. (3) Any one of the following events has occurred: (A) The landlord has failed to remedy the backup or overflow of raw sewage inside the tenant's dwelling or the flooding from broken pipes or natural drainage inside the dwelling. Sec. Most leases in Texas are written for initial fixed terms, usually 12 months. (l) If an insurer compensates a landlord for a tenant's damages or unpaid rent under a valid claim: (1) the landlord may not seek or collect reimbursement from the tenant of the amounts that the insurer paid to the landlord; (2) the insurer that has paid a landlord after receipt of a claim filed by a landlord, if allowed by a subrogation clause in the insurance described by Subsection (e) and before the first anniversary of the termination of the tenant's occupancy, may seek reimbursement from the tenant of only the amounts paid to the landlord; and. (3) "Exterior door" means a door providing access from a dwelling interior to the exterior. Amended by Acts 1985, 69th Leg., ch. (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. September 1, 2007. Sec. (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. Aug. 31, 1987. 1, 3, eff. Texas Homes Realty & Management_ 633 E. Fernhurst Dr., Suite 701, Katy, TX 77450 (281) 646-9929 Office (281) 667-3247 Fax www.texashomesrealty.com 28.01, eff. Sec. (c) When deducting for the tenant's payment of the landlord's utility bill under this section, the tenant shall submit to the landlord a copy of a receipt from the utility company which evidences the amount of payment made by the tenant to reconnect or avert cutoff of utilities. (d) A landlord may not intentionally prevent a tenant from entering the leased premises under Subsection (b)(3) unless: (1) the landlord's right to change the locks because of a tenant's failure to timely pay rent is placed in the lease; (2) the tenant is delinquent in paying all or part of the rent; and. (B) a doorknob lock that contains a bolt with at least a one-inch throw. Acts 1983, 68th Leg., p. 3639, ch. 92.204. Jan. 1, 1984. 5, eff. Written Notice: The clause will specify how much written notice the tenant must give the landlord to end a lease early. 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. (c) A landlord who fails to give notice as required by this section is liable to the tenant for any expense incurred by the tenant as a result of the landlord's failure to give the notice. 348 (S.B. Acts 1983, 68th Leg., p. 3637, ch. (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. January 1, 2020. Acts 1983, 68th Leg., p. 3640, ch. (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. 5, eff. A repair bill and receipt may be the same document. Acts 2011, 82nd Leg., R.S., Ch. 576, Sec. Jan. 1, 1998. Sept. 1, 1993; Acts 1999, 76th Leg., ch. LANDLORD LIABILITY AND TENANT REMEDIES; NOTICE AND TIME FOR REPAIR. 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. 92.008(b) to (f) and amended by Acts 1995, 74th Leg., ch. 1099), Sec. (b) If more than one tenant is a party to the lease, not later than the third business day after the date a landlord receives a written request for a copy of a lease from a tenant who has not received a copy of the lease under Subsection (a), the landlord shall provide one complete copy of the lease to the requesting tenant. 92.262. LEASE WITHOUT SECURITY DEPOSIT; REQUIRED NOTICE. Section 92.104 of the Texas Property Code This section requires a landlord who is withholding a portion of a security deposit to provide an itemized and written list of the deductions to the tenant. 21.001, eff. You signed a contract for a year so you are responsible for rent for the entire year. 3, eff. DEFINITIONS. 650, Sec. January 1, 2016. 1, eff. 1439, Sec. (2) a door viewer if the door does not have a door viewer. (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. Sec. (a) Except as provided by this section, the tenant has the burden of proof in a judicial action to enforce a right resulting from the landlord's failure to repair or remedy a condition under Section 92.052. 92.055. 475, Sec. AGENTS FOR DELIVERY OF NOTICE. 1, eff. 48, Sec. 332, Sec. Added by Acts 1995, 74th Leg., ch. LIABILITY OF LANDLORD. (B) a peephole having a barrel with a one-way lens of glass or other substance providing an angle view of not less than 160 degrees. (h) Repairs made pursuant to the tenant's notice must be made in compliance with applicable building codes, including a building permit when required. Find more help from the . 744, Sec. (12) "Sliding door handle latch" means a latch or lock: (A) located near the handle on a sliding glass door; (B) operated with or without a key; and. 630), Sec. 1, eff. 744, Sec. (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. 1862), Sec. 2, eff. (e) This section does not apply if notice is actually hand delivered to and received by a person occupying the leased premises. Jan. 1, 1984. 92.0081. Acts 2007, 80th Leg., R.S., Ch. 869, Sec. 917 (H.B. 92.332 by Acts 1997, 75th Leg., ch. 1, eff. (a) A landlord may not require a tenant to pay for repair or replacement of a security device due to normal wear and tear. 1399), Sec. (d) Repealed by Acts 2009, 81st Leg., R.S., Ch. 92.062. TENANT'S REMEDY ON NOTICE FROM MANAGEMENT COMPANY. In other words, if a property owner in Texas rents property for a purpose . 3, eff. Acts 2011, 82nd Leg., R.S., Ch. (2) on the date the tenant terminates the lease or files suit the tenant has not fully paid costs requested by the landlord and authorized by Section 92.258. Jan. 1, 1996. LANDLORD'S AGENT FOR SERVICE OF PROCESS. 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. 8, eff. This fee is meant to compensate the rental owners for the costs of releasing the unit. Amended by Acts 1987, 70th Leg., ch. January 1, 2008. 92.206. 650, Sec. DUTY TO REPAIR OR REPLACE. (b) The notice must be given in person or by mail to the affected tenant. (f) A keyless bolting device is not required to be installed at the landlord's expense if a tenant or occupant in the dwelling is over 55 years of age or has a physical or mental disability, the tenant requests, in writing, that the landlord deactivate or not install the keyless bolting device, and the tenant certifies in the request that the tenant or occupant is over 55 years of age or has a physical or mental disability. COMPLIANCE WITH TENANT REQUEST REQUIRED WITHIN REASONABLE TIME. Amended by Acts 1995, 74th Leg., ch. (a) Except as provided by Subsections (b) and (c), a landlord must comply with a tenant's request for rekeying, changing, installing, repairing, or replacing a security device under Section 92.156, 92.157, or 92.158 within a reasonable time. 952, Sec. 4, eff. (a) A landlord who has expressly or impliedly agreed in the lease to furnish and pay for water, gas, or electric service to the tenant's dwelling is liable to the tenant if the utility company has cut off utility service to the tenant's dwelling or has given written notice to the tenant that such utility service is about to be cut off because of the landlord's nonpayment of the utility bill. Sec. NOTICE TO TENANT AT PRIMARY RESIDENCE. Sec. A managing agent or an agent to whom rent is regularly paid, whether residing or maintaining an office on-site or off-site, is the agent of the landlord for purposes of notice and other communications required or permitted by this subchapter. Sec. texas property code reletting fee texas property code reletting fee (2) "Dwelling unit" means a home, mobile home, duplex unit, apartment unit, condominium unit, or any dwelling unit in a multiunit residential structure. 92.104. Acts 2009, 81st Leg., R.S., Ch. (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. (g) If a landlord arrives at the dwelling in a timely manner in response to a tenant's telephone call to the number contained in the notice as described by Subsection (c)(1) and the tenant is not present to receive the key to the changed lock, the landlord shall leave a notice on the front door of the dwelling stating the time the landlord arrived with the key and the street address to which the tenant may go to obtain the key during the landlord's normal office hours. Redesignated from Property Code Sec. If the dwelling has no mailbox and has a keyless bolting device, alarm system, or dangerous animal that prevents the landlord from entering the premises to leave the notice on the inside of the main entry door, the landlord may securely affix the notice on the outside of the main entry door. 177), Sec. Sec. (3) a copy of the settled claim that documents payments made by the insurer to the landlord. Prop. Sec. (d) If a suit is filed in a justice court requesting relief under Subsection (a), the justice court shall conduct a hearing on the request not earlier than the sixth day after the date of service of citation and not later than the 10th day after that date. 31.01(71), eff. 92.026. (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. The written notice must include the customer's contact information and the tenant's remedies under Section 92.301. Amended by Acts 1989, 71st Leg., ch. 337 (H.B. TENANT'S DISABLING OF A SMOKE ALARM. (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. January 1, 2006. 1 While there is no specific Texas law governing how much these fees can be, excessive fees unrelated to actual early termination expenses may be struck down by a court. (c) Notwithstanding Subsection (b), a landlord is not required to disclose on the notice that the landlord is aware that a dwelling is located in a 100-year floodplain if the elevation of the dwelling is raised above the 100-year floodplain flood levels in accordance with federal regulations. 7, 2021). 21.001(97), eff. 4, eff. (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. The reconnection fee must be computed based on the average cost to the landlord for the expenses associated with the reconnection, but may not exceed $10. A landlord's failure to respond does not affect the tenant's liability for any late fee owed to the landlord. (2) within a reasonable time after receiving a written request by a tenant. 92.0562. 18 (S.B. 3, eff. 576, Sec. TERM OF PARKING PERMIT. Termination of a lease under this subsection is effective when the tenant surrenders possession of the dwelling. Jan. 1, 1996. Amended by Acts 1995, 74th Leg., ch. Renumbered from Property Code Sec. 1, eff. 92.170. 1, eff. Amended by Acts 1993, 73rd Leg., ch. (a) If a landlord has locked a tenant out of leased premises in violation of Section 92.0081, the tenant may recover possession of the premises as provided by this section. 1367), Sec. (e-1) A landlord who changes the locks or otherwise prevents a tenant from entering the tenant's individual rental unit may not change the locks or otherwise prevent a tenant from entering a common area of residential rental property. 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. This subchapter does not impose obligations on a landlord or tenant other than those expressly stated in this subchapter. Renumbered from Sec. Acts 2007, 80th Leg., R.S., Ch. 1293), Sec. Jan. 1, 1996; Acts 1995, 74th Leg., ch.