The tenant has the burden of proving that the misuse or damage was caused by another party. Notice by mail may be by regular mail, by registered mail, or by certified mail, return receipt requested. Sec. 92.332. (a) If a security deposit was not required by a residential lease and the tenant is liable for damages and charges on surrender of the premises, the landlord shall notify the tenant in writing of the landlord's claim for damages and charges on or before the date the landlord reports the claim to a consumer reporting agency or third-party debt collector. (e) A justice court may not award a judgment under this section, including an order of repair, that exceeds $10,000, excluding interest and costs of court. 91.001. Jan. 1, 1996. 39 (H.B. interviewer says fair enough. (2) The tenant's right to repair and deduct for conditions involving sewage backup or overflow, flooding inside the dwelling, or a cutoff of potable water under Subsection (e) of Section 92.0561 shall not be affected, and the tenant shall have no duty to give additional notice to the new landlord. 5, eff. 91.002 by Acts 1987, 70th Leg., ch. Added by Acts 2005, 79th Leg., Ch. (g) eff. (a) The duties of a landlord and the remedies of a tenant under this subchapter are in lieu of common law, other statutory law, and local ordinances regarding a residential landlord's duty to install, inspect, or repair a fire extinguisher or smoke alarm in a dwelling unit. Under Texas law, a landlord has an obligation to mitigate damages. (g) A landlord is liable for any damage to a tenant's vehicle resulting from the negligence of a towing service that contracts with the landlord or the landlord's agent to remove vehicles that are parked in violation of the landlord's rules and policies if the towing company that caused the damage does not carry insurance that covers the damage. 92.202. (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. 1, eff. January 1, 2020. 2, eff. Subchapter E - Texas Property Code Subchapter E. Disclosure of Ownership and Management Sec. . 92.333 by Acts 1997, 75th Leg., ch. Otherwise, the clerk assesses a penalty of $25 or twice the amount of the normal recording fee, whichever is greater (Texas Property Code, Section 11.003).U pon . 1, eff. 1168), Sec. (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. (a) A keyed dead bolt or a keyless bolting device required by this subchapter must be installed at a height: (1) not lower than 36 inches from the floor; and, (A) 54 inches from the floor, if installed before September 1, 1993; or. 5, eff. Sec. Acts 1983, 68th Leg., p. 3632, ch. NOTICE OF RULE OR POLICY CHANGE AFFECTING TENANT'S PERSONAL PROPERTY. (b) A landlord's rejection of one co-applicant shall be deemed as a rejection of all co-applicants. increasing citizen access. (g) A landlord and a tenant may mutually agree for the tenant to repair or remedy, at the landlord's expense, any condition of the dwelling regardless of whether it materially affects the health or safety of an ordinary tenant. If the acknowledgment is not signed, there is a rebuttable presumption that the notice was not made available to the applicant. Renumbered from Sec. 48, Sec. (3) a copy of the settled claim that documents payments made by the insurer to the landlord. 91.006 - This regulation works in your favor. (e) This section relates only to a fee, charge, or other sum of money required to be paid under the lease if rent is not paid as provided by Subsection (a)(3), and does not affect the landlord's right to terminate the lease or take other action permitted by the lease or other law. 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. Added by Acts 2011, 82nd Leg., R.S., Ch. (3) the tenant is entitled to any defenses to payment against the insurer as against the landlord. (c) A landlord who violates this section is liable to the tenant for an amount equal to the sum of $100, three times the amount of the late fee collected in violation of this section, and the tenant's reasonable attorney's fees. 257 (H.B. (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. January 1, 2008. LANDLORD'S AGENT FOR SERVICE OF PROCESS. Sec. Amended by Acts 1995, 74th Leg., ch. 1439, Sec. Acts 1983, 68th Leg., p. 3653, ch. (b) If the tenant's lease is in writing, the lease may require the tenant's initial request for information to be written. Certain Private Transfer Fee Obligations Void Current as of April 14, 2021 | Updated by FindLaw Staff Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Jan. 1, 1996. 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. 3, eff. Added by Acts 1989, 71st Leg., ch. (e) A landlord may not change the locks on the door of a tenant's dwelling under Subsection (b)(3) on a day, or on a day immediately before a day, on which the landlord or other designated individual is not available, or on which any on-site management office is not open, for the tenant to tender the delinquent rent. Aug. 28, 1995; Acts 1995, 74th Leg., ch. Except as otherwise provided by this chapter, in this chapter: (1) "Dwelling" means one or more rooms rented for use as a permanent residence under a single lease to one or more tenants. The re-let fee does not include any cleaning or repair fees you are charged. Sec. Reletting Expenses means such reasonable and necessary costs and expenses incurred by Landlord, incurred to relet the Premises, including without limitation, (1) repairs, alterations and additions in or to the Premises and preparing the Premises for new tenants, (2) altering locks and security devices to the Premises, (3) redecoration, remodeling January 1, 2016. (g) A keyed dead bolt or a doorknob lock is not required to be installed at the landlord's expense on an exterior door if at the time the tenant agrees to lease the dwelling: (1) at least one exterior door usable for normal entry into the dwelling has both a keyed dead bolt and a keyless bolting device, installed in accordance with the height, strike plate, and throw requirements of Section 92.154; and. 629 (S.B. (b) At the time a landlord offers to a tenant the option of paying a fee in lieu of a security deposit, the landlord shall notify the tenant in writing: (1) that the tenant has the option to instead pay a security deposit; (2) that the tenant has the option to terminate the agreement to pay the fee in lieu of a security deposit at any time and stop paying the fee, and instead, to pay a security deposit in the amount that is otherwise offered to new tenants for substantially similar housing on the date the tenant chooses to pay the security deposit; and. (h) A landlord who violates this section is liable to the tenant for actual damages, a civil penalty in an amount equal to the amount of one month's rent plus $500, and attorney's fees. (2) after the tenant moves out the landlord will either immediately demolish the rental unit or no longer use the unit for residential purposes. The notice must include the following text in both English and Spanish: "Notice to residents of (name and address of nonsubmetered master metered multifamily property): Electric (or gas) service to this property is scheduled for disconnection on (date) because (reason for disconnection).". 337 (H.B. Sec. Sept. 1, 1989; Acts 1989, 71st Leg., ch. Sec. (B) if the report or record described by Paragraph (A) identifies the victim by means of a pseudonym, as defined by Article 58.001, Code of Criminal Procedure, a copy of a pseudonym form completed and returned under Article 58.152(a) of that code. September 1, 2017. Sept. 1, 1995. (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. (a) If the landlord is liable to the tenant under Section 92.056(b), the tenant may have the condition repaired or remedied and may deduct the cost from a subsequent rent payment as provided in this section. September 1, 2017. (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. 1, eff. SECURITY DEPOSIT. 1, 3, eff. Sec. Sec. 92.206. (c) A security device required by Subsection (a) or (b) must be installed at the landlord's expense. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1999. 92.021. Jan. 1, 1996. 92.335. 1414), Sec. 1, eff. September 1, 2011. Added by Acts 1993, 73rd Leg., ch. 650, Sec. (b) Except as provided by Subsection (a), a dwelling to which this subchapter applies includes: (1) a room in a dormitory or rooming house; (3) a single family house, duplex, or triplex; and. 1, eff. TYPE, BRAND, AND MANNER OF INSTALLATION. (c) After receipt of the notice provided under Subsection (a), the landlord shall provide a copy of the written lease agreement to the person who provided the notice on written request of that person. January 1, 2016. Acts 1983, 68th Leg., p. 3631, ch. 1072 (H.B. PROCEDURES FOR NOTICE OR REFUND. 3167), Sec. The writ of restoration of utility service must notify the landlord of the right to a hearing. Sept. 1, 1995. 165, Sec. 588 (S.B. Added by Acts 2009, 81st Leg., R.S., Ch. 683, Sec. 744, Sec. Sec. Jan. 1, 1996. They must notify the landlord in writing of their wish to have the smoke alarm installed or repaired before doing so. (b) A tenant may, without request from the landlord, provide the landlord with the information in Subsection (a). Landlords who violate these rules could end up owing the tenant $100, three times the amount of the late fee that was wrongfully collected, and the tenant's attorneys' fees. 91.002 by Acts 1987, 70th Leg., ch. Sec. (f) Repairs made pursuant to the tenant's notice must be made by a company, contractor, or repairman listed in the yellow or business pages of the telephone directory or in the classified advertising section of a newspaper of the local city, county, or adjacent county at the time of the tenant's notice of intent to repair. Jan. 1, 1996. 1783), Sec. (d) Except as provided by Subsection (f), this section does not affect a tenant's liability for delinquent, unpaid rent or other sums owed to the landlord before the lease was terminated by the tenant under this section. There is no limit on the amount of the reletting fee, but if it is not reasonable it might be . RETENTION OF SECURITY DEPOSIT; ACCOUNTING. Understanding the Law In this subchapter: (1) "Bedroom" means a room designed with the intent that it be used for sleeping purposes. A landlord is not exempt as provided by this subsection if the landlord knows or has reason to know that the requirements of this subsection are not fulfilled.
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