13, eff. Sec. Location: LIABILITY OF LANDLORD. (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. The fee for service of a show cause order is the same as that for service of a civil citation. This is also known as assignment of the lease to a new party. (6) "Keyless bolting device" means a door lock not in the doorknob that locks: (A) with a bolt into a strike plate screwed into the portion of the doorjamb surface that faces the edge of the door when the door is closed or into a metal doorjamb that serves as the strike plate, operable only by knob or lever from the door's interior and not in any manner from the door's exterior, and that is commonly known as a keyless dead bolt; (B) by a drop bolt system operated by placing a central metal plate over a metal doorjamb restraint that protrudes from the doorjamb and that is affixed to the doorjamb frame by means of three case-hardened screws at least three inches in length. 1, eff. (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. Renumbered from Property Code Sec. INSTALLATION AND LOCATION. Sept. 1, 1997. 593 (S.B. WAIVER. 1, eff. 92.3515. (B) a doorknob lock that contains a bolt with at least a one-inch throw. But depending on the contract that you have signed, you might have to pay some additional fees or some charges for ending your lease early. Acts 1983, 68th Leg., p. 3647, ch. texas property code reletting fee. 1, eff. Sec. Jan. 1, 1984. January 1, 2016. 92.331 by Acts 1997, 75th Leg., ch. Acts 1983, 68th Leg., p. 3646, ch. 1, eff. Other judicial actions under this chapter may not be joined with an eviction suit or asserted as a defense or crossclaim in an eviction suit. 1109), Sec. Amended by Acts 1993, 73rd Leg., ch. (2) the person against whom the action is filed knew or should have known of the conviction or adjudication. Acts 2013, 83rd Leg., R.S., Ch. September 1, 2011. 15 (S.B. TENANT'S RIGHT TO SUMMON POLICE OR EMERGENCY ASSISTANCE. 650, Sec. 576, Sec. The Federal Emergency Management Agency (FEMA) maintains a flood map on its Internet website that is searchable by address, at no cost, to determine if a dwelling is located in a flood hazard area. 1, eff. Jan. 1, 1996. (h) This section does not affect a tenant's liability for delinquent, unpaid rent or other sums owed to the landlord before the date the lease was terminated by the tenant under this section. (a) In a lawsuit by a tenant under either a written or oral lease for a dwelling or in a suit to enforce a legal obligation of the owner as landlord of the dwelling, the owner's agent for service of process is determined according to this section. The justice may defer payment of the tenant's filing fees and service costs for the sworn complaint for reentry and writ of reentry. a new child or a job transfer) that requires you to find new housing. (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.". 1168), Sec. 938, Sec. 629 (S.B. Sec. 17.001(b), eff. A sheriff or constable may use reasonable force in executing a writ of reentry under this section. (b) A smoke alarm must be installed on a ceiling or wall. (10) "Rekey" means to change or alter a security device that is operated by a key, card, or combination so that a different key, card, or combination is necessary to operate the security device. If you're "a Continue Reading Pearl York 40 Years of Family Law Practice, now retired. (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. (a) Except as provided in Subsection (b), a landlord is presumed to have given notice of an applicant's acceptance or rejection if the notice is by: (1) telephone to the applicant, co-applicant, or a person living with the applicant or co-applicant on or before the required date; or. The writ of reentry must notify the landlord of the right to a hearing. Section 4001 et seq.). 1072 (H.B. 17.001(a), eff. RESIDENTIAL TENANT'S RIGHT OF RESTORATION AFTER UNLAWFUL UTILITY DISCONNECTION. (k) The fee for filing a sworn complaint for restoration of utility service is the same as that for filing a civil action in justice court. https://texas.public.law/statutes/tex._prop._code_section_92.019. 17, eff. Acts 1983, 68th Leg., p. 3637, ch. 3101), Sec. (2) entered into a deferred payment plan that complies with Subsection (l). (3) the representative signs an inventory of the removed property, if required by the landlord or the landlord's agent. 92.164. (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. This fee is meant to compensate the rental owners for the costs of releasing the unit. 917 (H.B. Section 92.104 of the Texas Property Code This section requires a landlord who is withholding a portion of a security deposit to provide an itemized and written list of the deductions to the tenant. 92.0562. 650, Sec. If you break the lease, you are responsible for the re-letting fee plus rent until the apartment is re-let. There will be a one-time $43 re-inspection fee assessed for that follow-up inspection to determine if the violation (s) previously identified have been abated. (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. REMEDIES. Added by Acts 2015, 84th Leg., R.S., Ch. Added by Acts 1989, 71st Leg., ch. 165, Sec. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1987; Acts 1997, 75th Leg., ch. Mark as helpful. 1, eff. Acts 2015, 84th Leg., R.S., Ch. 917 (H.B. (d) A tenant may exercise the rights to terminate the lease under Subsection (b), vacate the dwelling before the end of the lease term, and avoid liability beginning on the date after all of the following events have occurred: (1) the tenant provides a copy of the relevant documentation described by Subsection (c) or (c-1) to the landlord; (2) the tenant provides written notice of termination of the lease to the landlord on or before the 30th day before the date the lease terminates; (3) the 30th day after the date the tenant provided notice under Subdivision (2) expires; and. (e) A landlord and a tenant may agree for the tenant to repair or remedy, at the tenant's expense, any condition covered by Subchapter B if all of the following conditions are met: (1) at the beginning of the lease term the landlord owns only one rental dwelling; (2) at the beginning of the lease term the dwelling is free from any condition which would materially affect the physical health or safety of an ordinary tenant; (3) at the beginning of the lease term the landlord has no reason to believe that any condition described in Subdivision (2) of this subsection is likely to occur or recur during the tenant's lease term or during a renewal or extension; and. 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. 1, eff. Sept. 1, 1995. 10, eff. 92.165. (e) A correction to the information may be made by any of the methods authorized for providing the information. (l) This section does not affect the ability of a landlord to pursue other available remedies, including the remedies provided by Chapter 24. (d) The tenant remedies under this section are effective on the date the tenant has notice from the utility company of a future cutoff or notice of an actual cutoff, whichever is sooner. 576, Sec. CLOSING THE RENTAL PREMISES. Acts 1983, 68th Leg., p. 3632, ch. (d) Subsections (a) and (b) apply only when a tenant is in possession of a dwelling. Acts 2015, 84th Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. Acts 1983, 68th Leg., p. 3632, ch. 1448), Sec. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING FAMILY VIOLENCE. (d) If the landlord closes the rental unit after the tenant gives the landlord a notice to repair and the tenant moves out on or before the end of the rental term, the landlord must pay the tenant's actual and reasonable moving expenses, refund a pro rata portion of the tenant's rent from the date the tenant moves out, and, if otherwise required by law, return the tenant's security deposit. 92.332 by Acts 1997, 75th Leg., ch. (2) "Occupant" means a person who has the landlord's consent to occupy a dwelling but has no obligation to pay the rent for the dwelling. Added by Acts 1989, 71st Leg., ch. (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. 576, Sec. 1112 (H.B. RETALIATION BY LANDLORD. (a) If, at the time of signing a lease or lease renewal, a tenant gives written notice to the tenant's landlord that the tenant does not occupy the leased premises as a primary residence and requests in writing that the landlord send notices to the tenant at the tenant's primary residence and provides to the landlord the address of the tenant's primary residence, the landlord shall mail to the tenant's primary residence: (3) all notices of rental increases at the end of the lease term; and.
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