Sec. Added by Acts 1995, 74th Leg., ch. (a) A landlord shall install at least one smoke alarm in each separate bedroom in a dwelling unit. 5, eff. 650, Sec. 126, Sec. (d) This section does not release a guarantor from the obligations of the guarantor under the terms of the original lease or a valid renewal for costs and damages owed to the lessor that arise after the date specified by the guarantor in the original lease in accordance with Subsection (b), if the costs or damages relate to actions of the tenant before that date or arise as a result of the tenant refusing to vacate the leased premises. 18 (S.B. Sec. 1, eff. Renumbered from Sec. texas property code reletting fee; Posted on June 29, 2022; By . 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. (a) A landlord is liable to a tenant or a governmental body according to this subchapter if: (1) after the tenant or government official or employee makes a request for information under Section 92.201, the landlord does not provide the information; and. (d) Subsections (a) and (b) apply only when a tenant is in possession of a dwelling. 257 (H.B. Sec. Mark as helpful. (n) If a delinquent electric bill is paid, or a deferred payment plan is entered into, during normal business hours, the landlord shall reconnect the tenant's electric service within two hours of payment or entry into the deferred payment plan. 1, eff. Added by Acts 2011, 82nd Leg., R.S., Ch. Code 92.019 (2023).) 92.202. 1, eff. Misuse of or damage to a security device that occurs during the tenant's occupancy is presumed to be caused by the tenant, a family member, an occupant, or a guest. Aug. 28, 1995; Acts 1995, 74th Leg., 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. January 1, 2008. Acts 2013, 83rd Leg., R.S., Ch. (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. Texas courts allow landlords to charge so-called "reletting fees," which are the landlord's costs resulting from an early lease termination. 92.258. In addition: (1) if the dwelling unit is designed to use a single room for dining, living, and sleeping, the smoke alarm must be located inside the room; (2) if multiple bedrooms are served by the same corridor, at least one smoke alarm must be installed in the corridor in the immediate vicinity of the bedrooms; and. Examples of RELETTING in a sentence. 15, eff. (3) the representative signs an inventory of the removed property, if required by the landlord or the landlord's agent. (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. January 1, 2016. (a) Subject to Subsections (b) and (c), a smoke alarm must be installed according to the manufacturer's recommended procedures. 91.006 - This regulation works in your favor. 1198 (S.B. (b) A late fee under this section may include an initial fee and a daily fee for each day any portion of the tenant's rent continues to remain unpaid, and the combined fees are considered a single late fee for purposes of this section. Added by Acts 1995, 74th Leg., ch. 15 (S.B. (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. (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. Sept. 1, 1999. Re-letting the property voids the original lease, and releases the original tenant from any continuing obligations. (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. 576, Sec. (a) A landlord has a defense to liability under Section 92.165 if 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 this subchapter. 588 (S.B. Texas Property Code as it applies to landlord and tenant arrangements. (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. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. (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. (4) a smoke alarm powered by alternating current was required by lawful city ordinance at the time of initial construction of the unit. 917 (H.B. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING FAMILY VIOLENCE. 1, eff. (3) including the information in a copy of the tenant's lease or in written rules given to the tenant before the tenant requests the information. APPLICATION OF OTHER LAW; MUNICIPAL REGULATION. 1, eff. A sheriff or constable may use reasonable force in executing a writ of reentry under this section. 1420, Sec. January 1, 2010. (e) If a tenant vacates the premises in breach of a written lease, the landlord may deduct from the tenant's security deposit the reasonable cost incurred by the landlord to rekey a security device as required by this section only if the lease includes a provision that is underlined or printed in boldface type authorizing the deduction. Jan. 1, 1996. 91.006), your landlord must make reasonable efforts to re-rent your unitno matter what your reason for leavingrather than charge you for the total remaining rent due under the lease. 4, eff. January 1, 2014. (C) by a metal bar or metal tube that is placed across the entire interior side of the door and secured in place at each end of the bar or tube by heavy-duty metal screw hooks. 1, eff. If a rental premises is, as a practical matter, totally unusable for residential purposes as a result of a natural disaster such as a hurricane, tornado, flood, extended freeze, or widespread windstorm, a landlord that allows a tenant to move to another rental unit owned by the landlord may not require the tenant to execute a lease for a term longer than the term remaining on the tenant's lease on the date the premises was rendered unusable as a result of the natural disaster. 92.002. Jan. 1, 1996. 3, eff. (f) If a landlord or a landlord's agent violates this section, the tenant may: (1) either recover possession of the premises or terminate the lease; and. 92.255. 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). Amended by Acts 1985, 69th Leg., ch. (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. LIABILITY FOR WITHHOLDING LAST MONTH'S RENT. (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. They must notify the landlord in writing of their wish to have the smoke alarm installed or repaired before doing so. Paying out-of-pocket - Lease agreements often include penalties and fees for breaking a lease. Amended by Acts 1989, 71st Leg., ch. Charging a reletting (early termination) fee - The LPA (b) After a tenant receives the notice and moves out: (1) the local health officer or building inspector may not allow occupancy of or utility service by separate meter to the rental unit until the officer certifies that he knows of no condition that materially affects the physical health or safety of an ordinary tenant; and. . 165, Sec. Acts 2011, 82nd Leg., R.S., Ch. 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. Except as otherwise required by this subchapter, a landlord may select the type, brand, and manner of installation, including placement, of a security device installed under this subchapter. What is a Reletting charge? - Quora Added by Acts 2015, 84th Leg., R.S., Ch. 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. (a) A cause of action does not accrue against a landlord or a landlord's manager or agent solely for leasing a dwelling to a tenant convicted of, or arrested or placed on deferred adjudication for, an offense. Sec. LANDLORD'S FAILURE TO CORRECT INFORMATION. This is also known as assignment of the lease to a new party. 1186), Sec. 348 (S.B. January 1, 2014. 4, eff. (D) the agreement is made knowingly, voluntarily, and for consideration. (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. (a) A landlord has a duty to mitigate damages if a tenant abandons the leased premises in violation of the lease. Sec. 650, Sec. In . (c) Disclosure of information to a tenant may be made under Subdivision (1) or (2) of Subsection (b) before the tenant requests the information. (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. 92.302. The copy of the rules or policies must be: (2) included in a lease agreement signed by the tenant; or. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 921 (H.B. January 1, 2016. Jan. 1, 1984. texas property code reletting fee. (a) For purposes of this section: (1) "Family violence" has the meaning assigned by Section 71.004, Family Code. (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.
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