92.170. 15, eff. 92.2571. 91.002 by Acts 1987, 70th Leg., ch. http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.92.htm#92.019 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. (2) a door viewer if the door does not have a door viewer. Amended by Acts 1985, 69th Leg., ch. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 92.261. Sept. 1, 1993. (As a point of reference, the Texas Apartment Association's standard lease sets reletting fees at 85% of a month's rent. Sept. 1, 1993; Acts 1999, 76th Leg., ch. (2) after the tenant moves out the landlord will either immediately demolish the rental unit or no longer use the unit for residential purposes. (b-1) The person who no longer owns an interest in the rental premises is liable for a security deposit received while the person was the owner until the new owner has received the deposit or has assumed the liability for the deposit, unless otherwise specified by the parties in a written contract. 92.207. (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. (l) A deferred payment plan for the purposes of this section must be in writing. The notice must include a written description and itemized list of all damages, if any, and of unpaid rent, if any, including the dates the rent payments were due. 257 (H.B. (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.". A landlord and tenant may agree to the provisions of this subsection only if the agreement meets the requirements of Subdivision (4) of Subsection (e) of this section. 165, Sec. Sec. 1168), Sec. (l) This section does not affect the ability of a landlord to pursue other available remedies, including the remedies provided by Chapter 24. Breaking a lease early [Texas] : r/renting - reddit (2) the late fee is more than the applicable amount under Subdivision (1), but not more than uncertain damages to the landlord related to the late payment of rent, including direct or indirect expenses, direct or indirect costs, or overhead associated with the collection of late payment. Sec. 917 (H.B. INTERRUPTION OF UTILITIES. 1, eff. 921 (H.B. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING CERTAIN SEX OFFENSES OR STALKING. 576, Sec. (b) If a dwelling unit was occupied as a residence before September 1, 2011, or a certificate of occupancy was issued for the dwelling unit before that date, a smoke alarm installed in accordance with Subsection (a) may be powered by battery and is not required to be interconnected with other smoke alarms, except that a smoke alarm that is installed to replace a smoke alarm that was in place on the date the dwelling unit was first occupied as a residence must comply with residential building code standards that applied to the dwelling unit on that date or Section 92.252(b). Sept. 1, 1997. 650, Sec. Acts 2019, 86th 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. 357, Sec. September 1, 2019. (a) Not later than the third business day after the date the lease is signed by each party to the lease, a landlord shall provide at least one complete copy of the lease to at least one tenant who is a party to the lease. (g) eff. Aug. 28, 1995; Acts 1995, 74th Leg., ch. 11, eff. 1, eff. 1448), Sec. (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. Sec. 91.002 by Acts 1987, 70th Leg., ch. (a) If a security deposit is required by a residential lease, the landlord may choose to offer the tenant an option to pay a fee in lieu of a security deposit. (6) "Tenant" means a person who is authorized by a lease to occupy a dwelling to the exclusion of others and, for the purposes of Subchapters D, E, and F, who is obligated under the lease to pay rent. A repairman or supplier shall not have a lien for materials or services arising out of repairs contracted for by the tenant under this section. (j) If a tenant in bad faith files a sworn complaint for restoration of utility service resulting in a writ being served on the landlord or landlord's agent, the landlord may in a separate cause of action recover from the tenant an amount equal to actual damages, one month's rent or $500, whichever is greater, reasonable attorney's fees, and costs of court, less any sums for which the landlord is liable to the tenant. (c) An individual who owns or leases a dwelling within 3,000 feet of a dwelling as to which a landlord has violated this section, or a governmental entity or civic association acting on behalf of the individual, may file suit against a landlord to enjoin the violation. Sec. 1168), Sec. 5, eff. If another provision of this subchapter conflicts with this section, this section controls. Texas Property Code ("TPC") Title 11, includes numerous provisions governing the formation, management, powers, . (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. 3, eff. A tenant of a landlord who is liable under Section 92.259 may obtain or exercise one or more of the following remedies: (1) a court order directing the landlord to comply with the tenant's request if the tenant is in possession of the dwelling unit; (2) a judgment against the landlord for damages suffered by the tenant because of the landlord's violation; (3) a judgment against the landlord for a civil penalty of one month's rent plus $100 if the landlord violates Section 92.259(a)(2); (4) a judgment against the landlord for court costs; (5) a judgment against the landlord for attorney's fees in an action under Subdivision (1) or (3); and. (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. Acts 2009, 81st Leg., R.S., Ch. Aug. 28, 1989. Section 511. (e) A landlord may comply with this section by providing to a tenant a complete copy of the lease: (2) in an electronic format if requested by the tenant; or. (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. HOA fees are considered "debts" under the FDCPA, and homeowners are protected "consumers." Ladick v. Van Gemert, 146 F. 3d 1205 (10th Cir.1998); Thies v. (5-a) "Rental application" means a written request made by an applicant to a landlord to lease premises from the landlord. 12, eff. (c) A landlord may require a tenant to pay in advance charges for which the tenant is liable under this subchapter if a written lease authorizes the landlord to require advance payment, and the landlord notifies the tenant within a reasonable time after the tenant's request that advance payment is required, and: (1) the tenant is more than 30 days delinquent in reimbursing the landlord for charges to which the landlord is entitled under Subsection (b); or. 5, eff. (2) "Nonsubmetered master metered multifamily property" means an apartment, a leased or owner-occupied condominium, or one or more buildings containing at least 10 dwellings that receive electric utility service or gas utility service that is master metered but not submetered. Sec. Acts 2015, 84th Leg., R.S., Ch. (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 tenant may make an unlimited number of requests under this subsection. LANDLORD'S FAILURE TO INSTALL, INSPECT, OR REPAIR. (3) of the charges for each option described by Subdivision (1) or (2). (5) If the new landlord violates this subsection, the new landlord is liable to the tenant for a civil penalty of one month's rent plus $2,000, actual damages, and attorney's fees. DISCLOSURE OF OWNERSHIP AND MANAGEMENT. 3167), Sec. 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. 7 juin 2022. Amended by Acts 1989, 71st Leg., ch. Amended by Acts 1993, 73rd Leg., ch. Amended by Acts 1993, 73rd Leg., ch. The notice shall also contain a reasonable description of the intended repair or remedy. (3) "Lease" means any written or oral agreement between a landlord and tenant that establishes or modifies the terms, conditions, rules, or other provisions regarding the use and occupancy of a dwelling. These expenses cover marketing and qualifying new tenants. Sec. (b) Unless otherwise provided in a written lease, a tenant shall provide one duplicate of the key to any key-operated security device installed or rekeyed by the tenant under Section 92.164(a)(1) or 92.165(1) within a reasonable time after the landlord's written request for the key. 12, eff. 576, Sec. (d) A landlord to whom Subsection (a) does not apply must provide to a tenant a telephone number for the purpose of reporting emergencies described by that subsection. 324 (S.B. Jan. 1, 1984. (a) A landlord is liable according to this subchapter if: (1) the landlord did not install a smoke alarm at the time of initial occupancy by the tenant as required by this subchapter or a municipal ordinance permitted by this subchapter; or. 650, Sec. Amended by Acts 1989, 71st Leg., ch. 1, eff. (b) The tenant does not forfeit the right to a refund of the security deposit or the right to receive a description of damages and charges merely for failing to give a forwarding address to the landlord.

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