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. Sept. 1, 1997. January 1, 2006. My daughter left her off-campus housing in March due to "Shelter in place" and we've been paying rent fo. (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. OCCUPANCY LIMITS. The Texas Legislature amended Section 207.003 and set a maximum fee that may [] September 1, 2019. 257 (H.B. 1112, Sec. (b) Except as provided by this section, a landlord may not interrupt or cause the interruption of water, wastewater, gas, or electric service furnished to a tenant by the landlord as an incident of the tenancy or by other agreement unless the interruption results from bona fide repairs, construction, or an emergency. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING TENANT'S DEATH. 899 (H.B. The justice may defer payment of the tenant's filing fees and service costs for the sworn complaint for restoration of utility service and writ of restoration of utility service. HEIGHT REQUIREMENTS--SLIDING DOOR SECURITY DEVICES. January 1, 2008. (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. (5) a keyless bolting device and a door viewer on each exterior door of the dwelling. Sept. 1, 1993; Acts 1995, 74th Leg., ch. January 1, 2010. REMOVAL OR ALTERATION OF SECURITY DEVICE BY TENANT. However, this subchapter does not prohibit the adoption of a local ordinance that conforms to this subchapter but which contains additional enforcement provisions. 200, Sec. (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. Sec. (b) The landlord may not retain any portion of a security deposit to cover normal wear and tear. LANDLORD LIABILITY TO TENANT FOR UTILITY CUTOFF. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 92.102. NOTICE TO TENANT AT PRIMARY RESIDENCE. (e) Except as provided by Subsection (g), 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. 92.204. 2, eff. PROVISIONS GENERALLY APPLICABLE TO LANDLORDS AND TENANTS Sec. 1205, Sec. 0. 257 (H.B. Amended by Acts 1993, 73rd Leg., ch. 92.164. Texas law allows landlords to charge tenants for costs related to filling a vacancy left when a tenant terminates a lease without just cause. CASUALTY LOSS. 9, eff. (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. Added by Acts 2007, 80th Leg., R.S., Ch. (d) Affidavits for delay based on grounds other than those listed in Subsection (c) of this section are unlawful, and if used, they are of no effect. 92.002. (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. Except as provided by Section 92.164(a)(1) or 92.165(1) regarding the remedy of repair-and-deduct, a tenant may not remove, change, rekey, replace, or alter a security device or have it removed, changed, rekeyed, replaced, or altered without permission of the landlord. AGENTS FOR DELIVERY OF NOTICE. Sec. 3, eff. RETENTION OF SECURITY DEPOSIT; ACCOUNTING. Added by Acts 1999, 76th Leg., ch. 4, eff. Acts 2015, 84th Leg., R.S., Ch. 601 (H.B. Sec. Texas Property Code ("TPC") Title 11, includes numerous provisions governing the formation, management, powers, . This fee is meant to compensate the rental owners for the costs of releasing the unit. 917 (H.B. Acts 1983, 68th Leg., p. 3640, ch. 92.155. (g) A lease must contain language in underlined or bold print that informs the tenant of the remedies available under this section and Section 92.0561. Basically, it's the part of the Texas property code that states that the landlord must do their due diligence to rent out the home to someone else to "mitigate damages". (d) A landlord who fails either to return a security deposit or to provide a written description and itemization of deductions on or before the 30th day after the date the tenant surrenders possession is presumed to have acted in bad faith. Acts 2013, 83rd Leg., R.S., Ch. 650, Sec. (c-1) If the tenant is a victim or a parent or guardian of a victim of stalking under Section 42.072, 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 a protective order issued under Subchapter A or B, Chapter 7B, Code of Criminal Procedure, except for a temporary ex parte order; or. Sept. 1, 1987; Acts 1997, 75th Leg., ch. Unless possession of a firearm or firearm ammunition on a landlord's property is prohibited by state or federal law, a landlord may not prohibit a tenant or a tenant's guest from lawfully possessing, carrying, transporting, or storing a firearm, any part of a firearm, or firearm ammunition: (2) in a vehicle located in a parking area provided for tenants or guests by the landlord of the leased premises; or. 1, eff. Jan. 1, 1984. The landlord has the burden of proving that the tenant received a copy of the rule or policy change. (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. (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. Added by Acts 2019, 86th Leg., R.S., Ch. (3) leaving the notice inside the dwelling in a conspicuous place if notice in that manner is authorized in a written lease. For purposes of this subsection, a pay stub or other statement of earnings issued by the tenant's employer is sufficient verification. (4) establishes, attempts to establish, or participates in a tenant organization. (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. Another good online resource for tenants can be found at www.texaslawhelp.org. (a) A tenant shall notify the landlord of a rent deduction attributable to the tenant's installing, repairing, changing, replacing, or rekeying of a security device under Section 92.164(a)(1) or 92.165(1) after the landlord's failure to comply with this subchapter. (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. September 1, 2011. (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. The notice must be given at the time of the reduced rent payment. (a) At a tenant's request made at any time, a landlord, at the tenant's expense, shall install: (1) a keyed dead bolt on an exterior door if the door has: (A) a doorknob lock but not a keyed dead bolt; or, (B) a keyless bolting device but not a keyed dead bolt or doorknob lock; and. LANDLORD'S DEFENSES. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Sometimes, the law can only be enforced in court. Aug. 26, 1985. TYPE, BRAND, AND MANNER OF INSTALLATION. 1, eff. (B) to deploy with a military unit for a period of 90 days or more. Sept. 1, 1993. (3) a crime of personal violence occurred in the multiunit complex in which the tenant's dwelling is located during the two months preceding the date of the request. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. Acts 1983, 68th Leg., p. 3652, ch. 92.014. Sept. 1, 1993. 348 (S.B. 1109), Sec. (b) A landlord shall provide to a tenant a written notice substantially equivalent to the following: "(Landlord) ( ) is or ( ) is not aware that the dwelling you are renting is located in a 100-year floodplain. Jan. 1, 1984. Acts 1983, 68th Leg., p. 3632, ch. ALTERNATIVE COMPLIANCE. (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). This subchapter does not impose obligations on a landlord or tenant other than those expressly stated in this subchapter. (i) Except as provided by Subsection (j), a tenant's right to terminate a lease before the end of the lease term, vacate the dwelling, and avoid liability under this section may not be waived by a tenant. Our contract says we have to give 60 days notice and pay a reletting fee ($1730), plus back-paying the rent concession ($357 per month) we got for signing a year lease, either that or we are liable for the entire years rent (6 x 1678). Sept. 1, 1993. (2) failing to correct information given under Section 92.201(b)(1) or (2) or Section 92.201(d) that the landlord knows is incorrect. Sec. ADDITIONAL ENFORCEMENT BY LOCAL ORDINANCE. INSTALLATION AND LOCATION. 588 (S.B. Find more help from the . 7, eff. (2) The tenant has given notice to the landlord as required by Section 92.056(b)(1), and, if required, a subsequent notice under Section 92.056(b)(3), and at least one of those notices states that the tenant intends to repair or remedy the condition. 576, Sec. 92.201. 469 (H.B. Sec. 650, Sec. (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. 3, eff. 1772), Sec. (2) United States mail, addressed to the applicant and postmarked on or before the required date. Rent, application fees, rent paid in advance, and non-refundable fees . (c) A tenant is not liable for damages suffered by the landlord if the damage is caused by the landlord's failure to repair the smoke alarm within a reasonable time after the tenant requests it to be repaired, considering the availability of material, labor, and utilities. LANDLORD'S DUTY TO REPAIR OR REPLACE SECURITY DEVICE. 1198 (S.B. (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. Acts 1983, 68th Leg., p. 3650, ch. REKEYING OR CHANGE OF SECURITY DEVICES. (b) This section does not authorize a recovery of attorney's fees in an action brought under Subchapter E or F for damages that relate to or arise from property damage, personal injury, or a criminal act.