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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. 92.203. Sec. 92.254. Added by Acts 2019, 86th Leg., R.S., Ch. 10.1 Your Responsibility. Acts 2017, 85th Leg., R.S., Ch. Jan. 1, 1984. A tenant who in bad faith violates this section is liable to the landlord for an amount equal to three times the rent wrongfully withheld and the landlord's reasonable attorney's fees in a suit to recover the rent. (b) The landlord may not retain any portion of a security deposit to cover normal wear and tear. 576, Sec. Texas Homes Realty & Management_ 633 E. Fernhurst Dr., Suite 701, Katy, TX 77450 (281) 646-9929 Office (281) 667-3247 Fax www.texashomesrealty.com 1) Negotiate with your landlord Re-letting the property voids the original lease, and releases the original tenant from any continuing obligations. Sept. 1, 1993; Acts 1999, 76th Leg., ch. 6, eff. (c) If the tenant decides to pay a fee in lieu of a security deposit, an agreement to collect the fee must be in writing and signed by: (1) the landlord or the landlord's legal representative; and. Sec. (f) An appeal of a judgment of a justice court under this section takes precedence in county court and may be held at any time after the eighth day after the date the transcript is filed in the county court. Texas law allows landlords to charge tenants for costs related to filling a vacancy left when a tenant terminates a lease without just cause. (a) The landlord shall repair or replace a fire extinguisher at the landlord's expense if: (1) on inspection, the fire extinguisher is found: (B) not to have the correct pressure indicated on the gauge or pressure indicator as recommended by the manufacturer of the fire extinguisher; or. 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. Jan. 1, 1984. 92.010. 92.052. 92.008(b) to (f) and amended by Acts 1995, 74th Leg., ch. 92.020. (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. (b) Unless the condition was caused by normal wear and tear, the landlord does not have a duty during the lease term or a renewal or extension to repair or remedy a condition caused by: (2) a lawful occupant in the tenant's dwelling; (3) a member of the tenant's family; or. (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. (j) When deducting the cost of repairs from the rent payment, the tenant shall furnish the landlord, along with payment of the balance of the rent, a copy of the repair bill and the receipt for its payment. A document signed after 1981 must include the grantee's mailing address. REMOVAL OF PROPERTY AND EXCLUSION OF RESIDENTIAL TENANT. 92.104. (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. 138, Sec. (4) the tenant has the right to install or rekey a security device required by this subchapter and deduct the reasonable cost from the tenant's next rent payment, as provided by Subsection (a)(1). 4, eff. One-half of the central plate must overlap the interior surface of the door and the other half of the central plate must overlap the doorjamb when the plate is placed over the doorjamb restraint. (d) Repairs under this section may be made only if all of the following requirements are met: (1) The landlord has a duty to repair or remedy the condition under Section 92.052, and the duty has not been waived in a written lease by the tenant under Subsection (e) or (f) of Section 92.006. 918, Sec. 1086), Sec. September 1, 2019. Added by Acts 1989, 71st 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. If, after a landlord has notified a tenant in writing of (1) the illegality of the tenant's rent withholding or the tenant's proposed repair and (2) the penalties of this subchapter, the tenant withholds rent, causes repairs to be performed, or makes rent deductions for repairs in bad faith violation of this subchapter, the landlord may recover from the tenant a civil penalty of one month's rent plus $500. 5, eff. 869, Sec. 1, eff. (3) "Exterior door" means a door providing access from a dwelling interior to the exterior. 92.333. 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. (2) all other exterior doors have a keyless bolting device installed in accordance with the height, strike plate, and throw requirements of Section 92.154. Answered on 9/10/03, 6:42 pm. Renumbered from Sec. Paying out-of-pocket - Lease agreements often include penalties and fees for breaking a lease. Sec. The request must be a separate document and may not be included as part of a lease agreement. 4, eff. (1) fail to give written move-out notice as required in paragraphs 23 or 37; or. Acts 2015, 84th Leg., R.S., Ch. LIABILITY FOR WITHHOLDING LAST MONTH'S RENT. 869, Sec. 92.023. 1367), Sec. 200, Sec. 1, eff. Sec. 2, eff. 92.153. 92.001. September 1, 2011. 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. Amended by Acts 1993, 73rd Leg., ch. Sec. (b) If written notice of the name and business street address of the company that manages the dwelling has been given to the tenant, the management company is the owner's sole agent for service of process. (C) taping the notice to the inside of the main entry door of the tenant's dwelling. (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. TENANT'S REMEDIES REGARDING REVOCATION OF CERTIFICATE OF OCCUPANCY. Added by Acts 1995, 74th Leg., ch. in the property and pay rent through a specific date, and the landlord is to allow the tenant to . 917 (H.B. (i) the date the electric service has been interrupted; (ii) a location where the tenant may go during the landlord's normal business hours to make arrangements to pay the bill to reestablish interrupted electric service; (iii) the amount that must be paid to reestablish electric service; (iv) a statement providing that when the tenant makes a payment to reestablish electric service, a landlord may not apply that payment to rent or other amounts owed under the lease; (vi) a description of the tenant's rights under Subsection (j) to avoid interruption of electric service if the interruption will cause a person residing in the tenant's dwelling to become seriously ill or more seriously ill. (i) Unless a dangerous condition exists or the tenant requests disconnection, a landlord may not interrupt or cause the interruption of electric service under Subsection (h) on a day: (1) on which the landlord or a representative of the landlord is not available to collect electric bill payments and reestablish electric service; (2) that immediately precedes a day described by Subdivision (1); or, (A) the previous day's highest temperature did not exceed 32 degrees Fahrenheit and the temperature is predicted to remain at or below that level for the next 24 hours according to the nearest National Weather Service reports; or. NOTICE FOR TERMINATING CERTAIN TENANCIES. September 1, 2017. 92.155. 1, eff. (d) Subsections (a) and (b) apply only when a tenant is in possession of a dwelling. Subchapter E - Texas Property Code Subchapter E. Disclosure of Ownership and Management Sec. January 1, 2016. Jan. 1, 1984. Landlord's Responsibility to Re-rent in Texas According to Tex. (h) A tenant may not waive a tenant's right to terminate a lease before the end of the lease term, vacate the dwelling, and avoid liability under this chapter. (b) A person may specify in writing in an original lease that the person will guarantee a renewal of the lease only if the original lease states: (1) the last date, as specified by the guarantor, on which the renewal of the lease will renew the obligation of the guarantor; (2) that the guarantor is liable under a renewal of the lease that occurs on or before that date; and. Sec. (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. 92.0091. LIABILITY OF TENANT FOR GOVERNMENTAL FINES. 6, eff. 1168), Sec. A wealth of home building and renovating wisdom from years of experience. 938, Sec. REMEDIES. (3) a nursing or convalescent home licensed by the Department of State Health Services and certified to meet the Life Safety Code under federal law and regulations. (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. 629 (S.B. NOTICE REGARDING VEHICLE TOWING OR PARKING RULES OR POLICIES. 257 (H.B. (a) Upon written request of a landlord, the landlord's tenant shall: (1) provide the landlord with the name, address, and telephone number of a person to contact in the event of the tenant's death; and. The writ of reentry must notify the landlord of the right to a hearing. (i) If the landlord or the person on whom a writ of restoration of utility service is served fails to immediately comply with the writ or later disobeys the writ, the failure is grounds for contempt of court against the landlord or the person on whom the writ was served under Section 21.002, Government Code. (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. Facebook. 11, eff. There is always an early . bosch b22ct80sns01 ice maker not working; texas property code reletting fee. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING TENANT'S DEATH. 12, eff. From packing to loading, our team of experienced movers will take care of your personal belongings and make your move to your new home easy and stress-free. (4) affect a local ordinance that requires regular inspections by local officials of smoke alarms in dwelling units and that requires smoke alarms to be operational at the time of inspection. Renumbered from Property Code Sec. (2) a door viewer if the door does not have a door viewer. A landlord who has provided information under Subdivision (2) or (3) of Subsection (b) of Section 92.201 is liable to a tenant according to this subchapter if: (1) the information becomes incorrect because a name or address changes; and. Amended by Acts 1995, 74th Leg., ch. Sept. 1, 1993. Sec. (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.".