texas property code reletting fee

(d) A landlord of a tenant who is liable under Subsection (a) may obtain or exercise one or more of the remedies in Subsection (e) if: (1) a lease between the landlord and tenant contains a notice, in underlined or boldfaced print, which states in substance that the tenant must not disconnect or intentionally damage a smoke alarm or remove the battery without immediately replacing it with a working battery and that the tenant may be subject to damages, civil penalties, and attorney's fees under Section 92.2611 of the Property Code for not complying with the notice; and. Jan. 1, 1998. 9, eff. Sec. (3) tested and listed for use as a smoke alarm by Underwriters Laboratories, Inc., Factory Mutual Research Corporation, or United States Testing Company, Inc. (a-1) If requested by a tenant as an accommodation for a person with a hearing-impairment disability or as required by law as a reasonable accommodation for a person with a hearing-impairment disability, a smoke alarm must, in addition to complying with Subsection (a), be capable of alerting a hearing-impaired person in the bedrooms it serves. Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Sec. 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. Sept. 1, 1993; Acts 1995, 74th Leg., ch. DEFINITIONS. (c) Subsection (a) does not apply to a real estate mortgage lienholder who acquires title by foreclosure. The landlord is not liable to repairmen, contractors, or material suppliers who furnish labor or materials to repair or remedy the condition. Re: Reletting Fee. 1051 (H.B. Sec. Jan. 1, 1984. (3) "Smoke alarm" means a device designed to detect and to alert occupants of a dwelling unit to the visible and invisible products of combustion by means of an audible alarm. They must notify the landlord in writing of their wish to have the smoke alarm installed or repaired before doing so. INSPECTION AND REPAIR. TENANT REMEDIES. 92.161. Jan. 1, 1984. (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. (f) If an applicant requests a landlord to mail a refund of the applicant's application fee to the applicant, the landlord shall mail the refund check to the applicant at the address furnished by the applicant. HEIGHT, STRIKE PLATE, AND THROW REQUIREMENTS--KEYED DEAD BOLT OR KEYLESS BOLTING DEVICE. Amended by Acts 1987, 70th Leg., ch. TENANT'S FORWARDING ADDRESS. (l) This section does not affect the ability of a landlord to pursue other available remedies, including the remedies provided by Chapter 24. Jan. 1, 1984. (j) A provision of a lease that purports to waive a right or to exempt a party from a liability or duty under this section is void. 576, Sec. January 1, 2016. 92.057(a) and amended by Acts 1995, 74th Leg., ch. Sec. (c) In an action brought by a tenant under this subchapter, the landlord has the burden of proving that the retention of any portion of the security deposit was reasonable. (5) a keyless bolting device and a door viewer on each exterior door of the dwelling. 1112 (H.B. Aug. 28, 1989. CONDITIONS FOR RETENTION OF SECURITY DEPOSIT OR RENT PREPAYMENT. (a) Except as otherwise provided by Subsection (e), a security device operated by a key, card, or combination shall be rekeyed by the landlord at the landlord's expense not later than the seventh day after each tenant turnover date. 1367), Sec. 92.253. 200, Sec. Acts 1983, 68th Leg., p. 3647, ch. PDF T Exas a Ssociation of R Ealtors Residential Lease 92.007. (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. 1186), Sec. 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%). (2) a sliding door handle latch or sliding door security bar if the door is an exterior sliding glass door without a sliding door handle latch or sliding door security bar. (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). Aug. 28, 1989. However, if the tenant's rent is subsidized in whole or in part by a governmental agency, the deduction limitation of one month's rent shall mean the fair market rent for the dwelling and not the rent that the tenant pays. This fee is meant to compensate the rental owners for the costs of releasing the unit. 869, Sec. So you may not have to pay much, if any additional rent, if you break your lease. NOTICE OF UTILITY DISCONNECTION OF NONSUBMETERED MASTER METERED MULTIFAMILY PROPERTY TO MUNICIPALITIES, OWNERS, AND TENANTS. (f) A landlord and tenant may agree that, except for those conditions caused by the negligence of the landlord, the tenant has the duty to pay for repair of the following conditions that may occur during the lease term or a renewal or extension: (1) damage from wastewater stoppages caused by foreign or improper objects in lines that exclusively serve the tenant's dwelling; (2) damage to doors, windows, or screens; and. 48, Sec. Sec. 1414), Sec. (2) "Dwelling unit" means a home, mobile home, duplex unit, apartment unit, condominium unit, or any dwelling unit in a multiunit residential structure. increasing citizen access. If you move out before your lease is up, your landlord may subtract a reletting fee from your security deposit. 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. (2) a servicemember, while in military service, executes the lease and after executing the lease receives military orders: (A) for a permanent change of station; or. The fee for service of a show cause order is the same as that for service of a civil citation. (b) A landlord shall perform additional rekeying or change a security device at the tenant's expense if requested by the tenant. 1120), Sec. Texas Property Code Ann. Sec. (a) A landlord may not: (1) prohibit or limit a residential tenant's right to summon police or other emergency assistance based on the tenant's reasonable belief that an individual is in need of intervention or emergency assistance; or. 7, eff. 1186), Sec. (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). (2) is liable for the tenant's reasonable attorney's fees in a suit to recover the deposit. (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. 92.334. (b) A landlord is not required to provide the notice under Subsection (a) if the tenant has not given the landlord the tenant's forwarding address as provided by Section 92.107. (c) A tenant who terminates a lease under Subsection (b) shall deliver to the landlord or landlord's agent: (1) a written notice of termination of the lease; and. Acts 1983, 68th Leg., p. 3635, ch. 2, eff. Added by Acts 2021, 87th Leg., R.S., Ch. (4) a judgment against the tenant for reasonable attorney's fees. (6) the tenant holds over and the landlord's notice of termination is motivated by a good faith belief that the tenant, a member of the tenant's family, or a guest or invitee of the tenant might: (A) adversely affect the quiet enjoyment by other tenants or neighbors; (B) materially affect the health or safety of the landlord, other tenants, or neighbors; or. (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.". Texas Property Code ("TPC") Title 11, includes numerous provisions governing the formation, management, powers, . Sec. (k) If the landlord repairs or remedies the condition or delivers an affidavit for delay under Section 92.0562 to the tenant after the tenant has contacted a repairman but before the repairman commences work, the landlord shall be liable for the cost incurred by the tenant for the repairman's trip charge, and the tenant may deduct the charge from the tenant's rent as if it were a repair cost. 651 (H.B. Reletting Expenses Definition | Law Insider (d) For purposes of this section, if a tenant's rent is subsidized in whole or in part by a governmental entity, "one month's rent" means one month's fair market rent. (3) a delay was caused by circumstances beyond the landlord's control, including the illness or death of the landlord or a member of the landlord's immediate family. Sept. 1, 1993; Acts 1995, 74th Leg., ch. (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. WAIVER OR EXPANSION OF DUTIES AND REMEDIES. (B) a doorknob lock that contains a bolt with at least a one-inch throw. 1, eff. Texas Rules on Cash Rental Payments OCCUPANCY LIMITS. 92.0563. EXEMPTIONS. Sec. Acts 2019, 86th Leg., R.S., Ch. 357, Sec. The term does not include a kitchen, dining room, bathroom, living room, utility room, or closet or storage area of a dwelling. 92.332 by Acts 1997, 75th Leg., ch. 91.001. LANDLORD AFFIDAVIT FOR DELAY. Jan. 1, 1996. 92.102. Sec. (3) the amount of rent and other charges for which the tenant is delinquent. (b) A tenant who violates this section is presumed to have acted in bad faith. September 1, 2011. Sec. 869, Sec. 39 (H.B. 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. 13, eff. (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. 92.251. 1, eff. 1, 3, eff. (b) A provision of a lease that purports to waive a right or to exempt a landlord from a liability or duty under this section is void. If a municipality or a county revokes a certificate of occupancy for a leased premises because of the landlord's failure to maintain the premises, the landlord is liable to a tenant who is not in default under the lease for: (1) the full amount of the tenant's security deposit; (2) the pro rata portion of any rental payment the tenant has paid in advance; (3) the tenant's actual damages, including any moving costs, utility connection fees, storage fees, and lost wages; and. (d) A customer is not required to provide the notices described by this section if the customer avoids the disconnection by paying the bill. 2.63, eff. 31.01(71), eff. (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. (a) For purposes of this section: (1) "Family violence" has the meaning assigned by Section 71.004, Family Code. Jan. 1, 1984. 1060 (H.B. (d) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1, Sept. 1, 1995. (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. 946), Sec. What's the Difference Between a Lease Termination Charge and a A request by a government official or employee for information must be in writing. (g) eff. (b) If at the time a lease agreement is executed a landlord has vehicle towing or parking rules or policies that apply to the tenant, the landlord shall provide to the tenant a copy of the rules or policies before the lease agreement is executed. (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. January 1, 2014. 92.206. (e) Except as provided in Subsection (f), a tenant to whom a landlord is liable under Subsection (b) of this section may: (2) have the condition repaired or remedied according to Section 92.0561; (3) deduct from the tenant's rent, without necessity of judicial action, the cost of the repair or remedy according to Section 92.0561; and. January 1, 2014. 21.001(97), eff. (b) A landlord may not intentionally prevent a tenant from entering the leased premises except by judicial process unless the exclusion results from: (1) bona fide repairs, construction, or an emergency; (2) removing the contents of premises abandoned by a tenant; or. Amended by Acts 1985, 69th Leg., ch. . 1168), Sec. 869, Sec. (b) The tenant must file with the justice court in the precinct in which the rental premises are located a sworn complaint specifying the facts of the alleged unlawful utility disconnection by the landlord or the landlord's agent. 92.354. LANDLORD'S DUTY TO REPAIR OR REMEDY. Added by Acts 1989, 71st Leg., ch. 92.166. Sept. 1, 1989; Acts 1989, 71st Leg., ch. Sept. 1, 1995. (d) Subsections (a) and (b) apply only when a tenant is in possession of a dwelling. (a) A landlord or a landlord's agent may not interrupt or cause the interruption of utility service paid for directly to the utility company by a tenant unless the interruption results from bona fide repairs, construction, or an emergency. This section does not apply to a security device installed, repaired, changed, replaced, or rekeyed by a tenant under Section 92.164(a)(1) or 92.165(1). Acts 1983, 68th Leg., p. 3641, ch. Jan. 1, 1984. 1112, Sec. 475, Sec. The landlord may charge an initial fee and a daily fee for each day the rent is late. 92.355. Acts 2015, 84th Leg., R.S., 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. 92.334 by Acts 1997, 75th Leg., ch. TENANT'S JUDICIAL REMEDIES. 17, eff. 3167), Sec. Charging a reletting (early termination) fee - The LPA 92.058. (i) For purposes of Subsections (c) and (c-1), a tenant who is a parent or guardian of a victim described by those subsections must reside with the victim to exercise the rights established by this section. (2) documentation of the stalking from a provider of services described by Subsection (c)(1), (2), or (3) and: (A) a law enforcement incident report or, if a law enforcement incident report is unavailable, another record maintained in the ordinary course of business by a law enforcement agency; and. Renumbered from Property Code Sec. 1, eff. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. The notice must include a written description and itemized list of all damages, if any, and of unpaid rent, if any, including the dates the rent payments were due. (4) 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, file suit against the landlord and obtain a judgment for: (A) a court order directing the landlord to comply and bring all dwellings owned by the landlord into compliance, if the tenant serving the written request is in possession of the dwelling; (C) punitive damages if the tenant suffers actual damages; (D) a civil penalty of one month's rent plus $500; (F) attorney's fees except in suits for recovery of property damages, personal injuries, or wrongful death. 1, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. (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. A repairman or supplier shall not have a lien for materials or services arising out of repairs contracted for by the tenant under this section. (a) A landlord's liability under this section is subject to Section 92.052(b) regarding conditions that are caused by a tenant and Section 92.054 regarding conditions that are insured casualties. Sec. January 1, 2010. Sec. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING CERTAIN SEX OFFENSES OR STALKING. 882), Sec. Amended by Acts 1997, 75th Leg., ch. 375), Sec. January 1, 2020. Sec. RELETTING FEE: Resident acknowledges that the Reletting Fee is not a cancellation fee or a buyout fee.. NON-PERFORMANCE OF VENDORS DUTIES RELETTING CHARGES If the Vendor fails to perform in accordance with the terms of this Contract, the Port Authority may obtain the goods or services from another Vendor and charge the seller the difference in price, if any . 1, eff. January 1, 2016. Sept. 1, 1997. Sec. An owner of real property who files a notice of appeal of a judgment of a justice court to the county court perfects the owner's appeal and stays the effect of the judgment without the necessity of posting an appeal bond. January 1, 2010. (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. How does a Reletting fee work in Texas? (e) A fee collected under this section may be used to purchase insurance coverage for damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease. If you turn in keys voluntarily you're technically moving out, forcing the landlord to put the unit back on the market, thus breaking the agreement. 918, Sec. $3 fee for the first page and $2 for each succeeding page (Texas Local Government Code, Section 118.011). 3, eff. 302), Sec. Sec. Your written termination notice must include payment of the reletting fee listed in paragraph 28 of your lease agreement. texas property code reletting fee texas property code reletting fee Redesignated from Property Code 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. (c) Disclosure of information to a tenant may be made under Subdivision (1) or (2) of Subsection (b) before the tenant requests the information. The governing body of the municipality may provide additional notice to the property's tenants and owners after receipt of the service disconnection notice under this subsection. 7.002(o), eff. January 1, 2008. 1, eff. 17.01(44), eff. Acts 2015, 84th Leg., R.S., Ch. EFFECT ON OTHER RIGHTS. 138, Sec. The sample TAA lease for which you provided a link has a blank for a reletting fee. The landlord's duty of inspection and repair of smoke alarms under Subchapter F may be waived only by written agreement. NOTICE OF ELIGIBILITY REQUIREMENTS. (3) "Co-applicant" means a person who makes an application for rental of a dwelling with other applicants and who plans to live in the dwelling with other applicants. (ii) the interior of the unit provides access for building wiring through an attic, crawl space, or basement without the removal of interior walls or ceiling finishes; (2) an addition occurs to the unit at a projected cost of more than $5,000; (3) a smoke alarm powered by alternating current was actually installed in the unit at any time prior to September 1, 1987; or. (e) A landlord who violates this section is liable to the tenant for actual damages, a civil penalty equal in amount to the amount of one month's rent plus $500, and attorney's fees. 48, Sec. 92.263. In . (d) A landlord authorized by this subchapter to charge a tenant for repairing, installing, changing, or rekeying a security device under this subchapter may not require the tenant to pay more than the total cost charged by a third-party contractor for material, labor, taxes, and extra keys. SECURITY DEVICES REQUESTED BY TENANT. LIABILITY OF LANDLORD. The writ of reentry must notify the landlord of the right to a hearing. Subletting vs Reletting: Which Is Best For Me? - Apartment Life EMERGENCY PHONE NUMBER. Jan. 1, 1984. texas property code reletting fee - yeltech.com (b) Unless otherwise provided in a written lease, a tenant shall provide one duplicate of the key to any key-operated security device installed or rekeyed by the tenant under Section 92.164(a)(1) or 92.165(1) within a reasonable time after the landlord's written request for the key. (f) A tenant who elects to terminate the lease under Subsection (e) is: (1) entitled to a pro rata refund of rent from the date of termination or the date the tenant moves out, whichever is later; (2) entitled to 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 according to law; and. 3, eff. (b) The landlord may not retain any portion of a security deposit to cover normal wear and tear. Reletting Fee | Legal Advice - LawGuru The duties of a landlord and the remedies of a tenant under this subchapter are in lieu of the common law, other statutory law, and local ordinances relating to the disclosure of ownership and management of a dwelling by a landlord to a tenant. (7) recover court costs and attorney's fees, excluding any attorney's fees for a cause of action for damages relating to a personal injury. Added by Acts 2013, 83rd Leg., R.S., Ch. 1112 (H.B. 1, eff. The term includes a door between a living area and a garage but does not include a sliding glass door or a screen door. 588 (S.B. DEFINITIONS. 1510), Sec. 92.003. 92.1641. (d) If a landlord knows that flooding has damaged any portion of a dwelling at least once during the five-year period immediately preceding the effective date of the lease, the landlord shall provide a written notice to a tenant that is substantially equivalent to the following: "(Landlord) ( ) is or ( ) is not aware that the dwelling you are renting has flooded at least once within the last five years.". 357, 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. (3) the landlord is expressly required or permitted to periodically check on the well-being or health of the tenant as a part of a written lease or other written agreement. Guides: Landlord/Tenant Law: Ending the Lease - Texas Jan. 1, 1996. 5, 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 after the tenant complies with Subsection (c) or (c-1). (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. (b) A tenant may not unilaterally terminate the lease under Subsection (a)(2) or file suit against the landlord to obtain a judgment under Subsection (a)(4) unless the landlord does not comply on or before the seventh day after the date the written request for compliance is received if the lease includes language underlined or in boldface print that in substance provides the tenant with notice that: (1) the landlord at the landlord's expense is required to equip the dwelling, when the tenant takes possession, with the security devices described by Sections 92.153(a)(1)-(4) and (6); (2) the landlord is not required to install a doorknob lock or keyed dead bolt at the landlord's expense if the exterior doors meet the requirements of Section 92.153(f); (3) the landlord is not required to install a keyless bolting device at the landlord's expense on an exterior door if the landlord is expressly required or permitted to periodically check on the well-being or health of the tenant as provided by Section 92.153(e)(3); and. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING TENANT'S DEATH. Acts 1983, 68th Leg., p. 3638, ch. Amended by Acts 1989, 71st Leg., ch. (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. Jan. 1, 1996; Acts 1995, 74th Leg., ch.