texas property code reletting fee

LIABILITY OF CERTAIN GUARANTORS UNDER LEASE. 92.103. (l) A deferred payment plan for the purposes of this section must be in writing. For purposes of this subsection, a tenant suffers a substantial loss or damage to personal property if the total cost of repairs to or replacement of the personal property is 50 percent or more of the personal property's market value on the date the flooding occurred. (j) A tenant and a landlord may agree that the tenant waives a tenant's rights under this section if the tenant or any dependent living with the tenant moves into base housing or other housing within 30 miles of the dwelling. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. September 1, 2019. 92.111. 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". (b) A tenant may, without request from the landlord, provide the landlord with the information in Subsection (a). Code 92.019 (2023).) 3101), Sec. (4) the fee, unless otherwise specified, is not paying for insurance that covers the tenant or otherwise changes the tenant's obligation to pay rent and damages beyond normal wear and tear. 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. (C) explaining the remedies available to the tenant for the landlord's failure to comply. If the landlord has already submitted to the insurer a claim for the voided indebtedness, the claim must be withdrawn. Sept. 1, 1997. This clause allows tenants to terminate the lease early if they follow the early termination rules. LANDLORD 'S DEFENSE. DEFINITIONS. 869, Sec. (2) be installed in a door with a metal doorjamb that serves as the strike plate. The landlord may file subsequent affidavits, provided that the total delay of the repair or remedy extends no longer than six months from the date the landlord delivers the first affidavit to the tenant. (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. 650, Sec. 744, Sec. 3, eff. (b) If the landlord secures the replacement tenant, the landlord may retain and deduct from the security deposit or rent prepayment either: (1) a sum agreed to in the lease as a lease cancellation fee; or. Jan. 1, 1996; Acts 1995, 74th Leg., ch. 2404), Sec. (2) the tenant requested that the landlord repair, install, change, or rekey the same security device during the 30 days preceding the tenant's request, and the landlord complied with the request. The notice shall also contain a reasonable description of the intended repair or remedy. 257 (H.B. Amended by Acts 1993, 73rd Leg., ch. (g) A tenant's right to vacate a dwelling and avoid liability under Section 92.016 or 92.017 may not be waived by a tenant or a landlord, except as provided by those sections. a new child or a job transfer) that requires you to find new housing. Jan. 1, 1984. Sept. 1, 1993; Acts 1995, 74th Leg., ch. (C) located on the same lot or tract or adjacent lots or tracts of land. (a) The landlord is not liable for retaliation under this subchapter if the landlord proves that the action was not made for purposes of retaliation, nor is the landlord liable, unless the action violates a prior court order under Section 92.0563, for: (1) increasing rent under an escalation clause in a written lease for utilities, taxes, or insurance; or. Added by Acts 2007, 80th Leg., R.S., Ch. Sec. Sec. Sept. 1, 1993. Sec. (d) A landlord authorized by this subchapter to charge a tenant for repairing, installing, changing, or rekeying a security device under this subchapter may not require the tenant to pay more than the total cost charged by a third-party contractor for material, labor, taxes, and extra keys. (2) "Door viewer" means a permanently installed device in an exterior door that allows a person inside the dwelling to view a person outside the door. 92.153. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 1, eff. In other words, if a property owner in Texas rents property for a purpose . Sec. 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. 357, Sec. 1, eff. 1, eff. (c) A keyed dead bolt or keyless dead bolt, as described by Section 92.151(6)(A), installed in a dwelling on or after September 1, 1993, must have a bolt with a throw of not less than one inch. Jan. 1, 1996. 92.110. 1168), Sec. September 1, 2011. The hearing shall be held not earlier than the first day and not later than the seventh day after the date the landlord requests a hearing. (c) In an action brought by a tenant under this subchapter, the landlord has the burden of proving that the retention of any portion of the security deposit was reasonable. January 1, 2010. Acts 1983, 68th Leg., p. 3634, ch. The landlord has a duty to mitigate its damages and try to re-let the apartment but this can be difficult to enforce. 165, Sec. Acts 1983, 68th Leg., p. 3631, ch. Acts 2015, 84th Leg., R.S., Ch. January 1, 2016. 14, eff. 92.105. If you break the lease, you are responsible for the re-letting fee plus rent until the apartment is re-let. (b) A landlord is not required to provide the notice under Subsection (a) if the tenant has not given the landlord the tenant's forwarding address as provided by Section 92.107. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. January 1, 2010. 7 juin 2022. Written Notice: The clause will specify how much written notice the tenant must give the landlord to end a lease early. Jan. 1, 1996. See 91.006 of the Texas Property Code: (a) A landlord has a duty to mitigate damages if a tenant abandons the leased premises in violation of the lease. 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).". (b) A smoke alarm must be installed on a ceiling or wall. (4) a judgment against the tenant for reasonable attorney's fees. (Please fully complete and return to us the Texas Realtors Notice of Tenant's Intent To Vacate Form) 2.) 1, eff. This chapter applies only to the relationship between landlords and tenants of residential rental property. Amended by Acts 1989, 71st Leg., ch. Understanding the Law 92.055. 92.013. (h) If a writ of possession is issued, it supersedes a writ of reentry. 794, Sec. (a) If the tenant withholds rents, causes repairs to be performed, or makes rent deductions for repairs in violation of this subchapter, the landlord may recover actual damages from the tenant. 92.263. This is because under Texas law (Tex. or TAR (Texas Association of Realtors) form, then it comports with property code law and means what it says. Charging a reletting (early termination) fee by Anonymous (Texas) on May 13, 2014 @14:19 Share | Is it legal (or common practice) to charge a reletting fee if: a) the tenant gave a few months' notice and b) the new tenant moved in the same day the previous tenant moved out and c) the new tenant was found with no financial cost to the landlord? (2) made a notation in the landlord's files of the time, place, and method of providing the notice and the name of the person who delivered the notice by: (A) hand delivery to the tenant or any occupant of the tenant's dwelling over the age of 16 years at the tenant's dwelling; (B) facsimile to a facsimile number the tenant provided to the landlord for the purpose of receiving notices; or. A landlord is presumed to have refunded a security deposit or made an accounting of security deposit deductions if, on or before the date required under this subchapter, the refund or accounting is placed in the United States mail and postmarked on or before the required date. 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. Texas Property Code Section 53.156 - Costs and Attorney's Fees Texas Statutes Prop. (d) The landlord must comply with the tenant's request for inspection or repair of a smoke alarm within a reasonable time, considering the availability of material, labor, and utilities. Sept. 1, 1993. REJECTION OF APPLICANT. Amended by Acts 1995, 74th Leg., ch. (c) Subsection (b) does not prohibit a guarantor from voluntarily entering into an agreement at the time of the renewal of a lease, in a separate written document, to guarantee an increased amount of rent. The tenant selection criteria may include factors such as criminal history, credit history, current income, and rental history. Sec. Texas Property Code ("TPC") Title 11, includes numerous provisions governing the formation, management, powers, . 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. Acts 2019, 86th Leg., R.S., Ch. (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). If on a wall, it must be no closer than six inches and no farther than 12 inches from the ceiling or otherwise located in accordance with the manufacturer's installation instructions. If neither box is checked, you should assume the dwelling is in a 100-year floodplain. Sec. (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. 10, eff. (2) a copy of an appropriate government document providing evidence of the tenant's entrance into military service if Subsection (b)(1) applies or a copy of the servicemember's military orders if Subsection (b)(2) applies. (e) The affidavit must be delivered to the tenant by any of the following methods: (2) certified mail, return receipt requested, to the tenant; or. (d) A landlord may not intentionally prevent a tenant from entering the leased premises under Subsection (b)(3) unless: (1) the landlord's right to change the locks because of a tenant's failure to timely pay rent is placed in the lease; (2) the tenant is delinquent in paying all or part of the rent; and. 92.013 by Acts 2001, 77th Leg., ch. Sept. 1, 1987; Acts 1997, 75th Leg., ch. 91.001. 91.006 - This regulation works in your favor. in the property and pay rent through a specific date, and the landlord is to allow the tenant to . COMPLIANCE WITH TENANT REQUEST REQUIRED WITHIN REASONABLE TIME. Sec. 1060 (H.B. Aug. 31, 1987. Amended by Acts 1993, 73rd Leg., ch. (b) A late fee under this section may include an initial fee and a daily fee for each day any portion of the tenant's rent continues to remain unpaid, and the combined fees are considered a single late fee for purposes of this section. Jan. 1, 1984. Sec. TENANT REMEDIES. You are obligated to pay whatever the move out notice indicates, which you signed and, apparently, agreed to, for each and every month until the apartment is rented to a new tenant or until the date your lease expires, whichever comes first. 92.2611. (e) The owner of a dwelling shall reimburse a management company, managing agent, or on-site manager for costs expended by that person in complying with this subchapter. (a) The landlord is not obligated to return a tenant's security deposit or give the tenant a written description of damages and charges until the tenant gives the landlord a written statement of the tenant's forwarding address for the purpose of refunding the security deposit. (a) In this section: (1) "Customer" means a person who is responsible for bills received for electric utility service or gas utility service provided to nonsubmetered master metered multifamily property. (a) A landlord or a landlord's agent may not interrupt or cause the interruption of utility service paid for directly to the utility company by a tenant unless the interruption results from bona fide repairs, construction, or an emergency. 1, eff. Your written termination notice must include payment of the reletting fee listed in paragraph 28 of your lease agreement. Sec. Added by Acts 2021, 87th Leg., R.S., Ch. 1, eff. If the lease is terminated, the tenant is entitled only to a pro rata refund of rent from the date the tenant moves out and to a refund of any security deposit otherwise required by law. 576, Sec. 1, eff. NOTICE OF UTILITY DISCONNECTION OF NONSUBMETERED MASTER METERED MULTIFAMILY PROPERTY TO MUNICIPALITIES, OWNERS, AND TENANTS. (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. (f) A landlord who violates Subsection (b), (c), (d), or (e) is liable for a civil penalty in the amount of $100 plus any towing or storage costs that the tenant incurs as a result of the towing of the tenant's vehicle. 92.158. FEE IN LIEU OF SECURITY DEPOSIT. NONRETALIATION. (9) "Possession of a dwelling" means occupancy by a tenant under a lease, including occupancy until the time the tenant moves out or a writ of possession is issued by a court. Sec. (2) the fee is used to purchase insurance coverage for damages and unpaid rent for which the tenant is legally liable under the lease or as a result of breaching the lease. In addition to court costs and reasonable attorney's fees, a plaintiff who prevails under this subsection may recover from the landlord $500 for each violation of this section. 31.01(71), eff. Sept. 1, 1993. (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. (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. (2) "Landlord" means the owner, lessor, or sublessor of a dwelling, but does not include a manager or agent of the landlord unless the manager or agent purports to be the owner, lessor, or sublessor in an oral or written lease. Jan. 1, 1984. Aug. 28, 1989. Renumbered from Property Code Sec. If a municipality or a county revokes a certificate of occupancy for a leased premises because of the landlord's failure to maintain the premises, the landlord is liable to a tenant who is not in default under the lease for: (1) the full amount of the tenant's security deposit; (2) the pro rata portion of any rental payment the tenant has paid in advance; (3) the tenant's actual damages, including any moving costs, utility connection fees, storage fees, and lost wages; and. Sept. 1, 1993; Acts 1999, 76th Leg., ch. (f) The landlord is not obligated to provide batteries for a battery-operated smoke alarm after a tenant takes possession if the smoke alarm was in good working order at the time the tenant took possession. LIABILITY FOR WITHHOLDING LAST MONTH'S RENT. The tenant has the burden of proving that the misuse or damage was caused by another party. Jan. 1, 1984. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 1, eff. (b) A landlord may require a tenant to pay for repair or replacement of a security device if an underlined provision in a written lease authorizes the landlord to do so and the repair or replacement is necessitated by misuse or damage by the tenant, a member of the tenant's family, an occupant, or a guest, and not by normal wear and tear. 3101), Sec. (b) The landlord may not retain any portion of a security deposit to cover normal wear and tear. (c-2) Notwithstanding Subsection (c-1), a municipal housing authority located in a municipality that has a population of more than 500,000 and is not more than 50 miles from an international border, or a public facility corporation, affiliate, or subsidiary of the authority, may require that vehicles parked in a community of the authority, corporation, affiliate, or subsidiary be registered with the housing authority. 92.169. Texas courts allow landlords to charge so-called "reletting fees," which are the landlord's costs resulting from an early lease termination. (3) changing the door locks on the door to the tenant's individual unit of a tenant who is delinquent in paying at least part of the rent. Amended by Acts 1985, 69th Leg., ch. January 1, 2006. Sept. 1, 1993. Renumbered from Property Code Sec. 3, eff. WHEN TENANT'S REQUEST OR NOTICE MUST BE IN WRITING. WAIVER. (2) exempt any party from a liability or a duty under this section. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. (2) the landlord does not give the information to the tenant or government official or employee before the eighth day after the date the tenant, official, or employee gives the landlord written notice that the tenant, official, or employee may exercise remedies under this subchapter if the landlord does not comply with the request by the tenant, official, or employee for the information within seven days. 1198 (S.B. Sec. 630), Sec. 4, eff. (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. (b) A tenant may terminate the tenant's rights and obligations under a lease and may vacate the dwelling and avoid liability for future rent and any other sums due under the lease for terminating the lease and vacating the dwelling before the end of the lease term after the tenant complies with Subsection (c) or (c-1). Location: 1367), Sec. 1, eff. Aug. 26, 1985. 744, Sec. 576, Sec. 1198 (S.B. (b) After a tenant receives the notice and moves out: (1) the local health officer or building inspector may not allow occupancy of or utility service by separate meter to the rental unit until the officer certifies that he knows of no condition that materially affects the physical health or safety of an ordinary tenant; and. 8, eff. If the acknowledgment is not signed, there is a rebuttable presumption that the notice was not made available to the applicant. Acts 2007, 80th Leg., R.S., Ch. (b) If within the time allowed under Section 92.162(c) a landlord requests advance payment of charges that the landlord is entitled to collect under that section, the landlord shall comply with a tenant's request under Section 92.156(b), 92.157(a), or 92.157(b) within a reasonable time. The device must be: (A) a clear glass pane or one-way mirror; or. It also means a "dwelling" as defined by Section 92.001. Sec. 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. (2) the landlord may not allow reoccupancy or reconnection of utilities by separate meter within six months after the date the tenant moves out. Reletting a Rental Property A landlord relets a property by having a new tenant sign an entirely new lease. 92.015. Acts 1983, 68th Leg., p. 3653, ch. Sec. Added by Acts 2013, 83rd Leg., R.S., Ch. (a) This section applies only to a tenant in a multiunit complex, as that term is defined by Section 92.151. Added by Acts 2005, 79th Leg., Ch. INSTALLATION PROCEDURE. Acts 2011, 82nd Leg., R.S., Ch. (3) included in an attachment to the lease agreement that is signed by the tenant, but only if the attachment is expressly referred to in the lease agreement. Added by Acts 2005, 79th Leg., Ch. Renumbered from Sec. Amended by Acts 1995, 74th Leg., ch. WAIVER OR EXPANSION OF DUTIES AND REMEDIES. (4) "Deposited" means deposited in an account of the landlord or the landlord's agent in a bank or other financial institution. (a) A landlord may not require a tenant to pay for repair or replacement of a security device due to normal wear and tear. (3) Any one of the following events has occurred: (A) The landlord has failed to remedy the backup or overflow of raw sewage inside the tenant's dwelling or the flooding from broken pipes or natural drainage inside the dwelling. (3) the landlord is expressly required or permitted to periodically check on the well-being or health of the tenant as a part of a written lease or other written agreement. 1112 (H.B. The tenant may unilaterally terminate the lease or exercise other remedies under Sections 92.164 and 92.165 after receiving written notice from a management company that the owner of the dwelling has not provided or will not provide funds to repair, install, change, replace, or rekey a security device as required by this subchapter. 3, eff. Added by Acts 1995, 74th Leg., ch. Sec. Most leases in Texas are written for initial fixed terms, usually 12 months. 1, eff. 7, eff. 1414), Sec. (a) A landlord shall give prior written notice to a tenant regarding a landlord rule or policy change that is not included in the lease agreement and that will affect any personal property owned by the tenant that is located outside the tenant's dwelling. 200, Sec. Sec. Cost of the early termination fee (typically 1-2 months or rent) The landlord will officially consider the lease terminated after receipt of the signed notice and early . 882), Sec. Jan. 1, 1984. 92.0132. 92.252. (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. Sec. LANDLORD'S FAILURE TO CORRECT INFORMATION. 15, eff. (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. (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. 917 (H.B. The drop bolt system must prevent the door from being opened unless the central plate is lifted off of the doorjamb restraint by a person who is on the interior side of the door. Added by Acts 1993, 73rd Leg., ch. (b) A landlord may not intentionally prevent a tenant from entering the leased premises except by judicial process unless the exclusion results from: (1) bona fide repairs, construction, or an emergency; (2) removing the contents of premises abandoned by a tenant; or. If you turn in keys voluntarily you're technically moving out, forcing the landlord to put the unit back on the market, thus breaking the agreement. However, the landlord's duty to repair or remedy conditions covered by this subchapter may not be waived except as provided by Subsection (e) or (f) of Section 92.006. The re-let fee is turned in at the same time as your keys once you have officially moved out. 1109), Sec. Jan. 1, 1984. (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. Renumbered from Sec. 221 (H.B. 5, eff. (d) A landlord may not continue to prosecute and a court shall abate an action to enforce the lease, other than an action for nonpayment of rent, only until the landlord provides to a tenant a complete copy of the lease if the tenant submits to the court evidence in a plea in abatement or otherwise that the landlord failed to comply with Subsection (a) or (b). However, most January 1, 2014. AGENTS FOR DELIVERY OF NOTICE. (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. January 1, 2010. Sec. If the tenant's rent payment to the landlord is subsidized in whole or in part by a governmental entity, the civil penalty granted under this section shall reflect the fair market rent of the dwelling plus $500. 92.0131. The Texas Legislature amended Section 207.003 and set a maximum fee that may [] 8 , 2022. (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. Aug. 28, 1989. 1, eff. 92.302. 2, eff. Sec. 92.204. Sec. (3) a delay was caused by circumstances beyond the landlord's control, including the illness or death of the landlord or a member of the landlord's immediate family. 1, eff. 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. TYPE, BRAND, AND MANNER OF INSTALLATION. SECURITY DEVICES REQUIRED WITHOUT NECESSITY OF TENANT REQUEST. Acts 1983, 68th Leg., p. 3638, ch. 92.156. Jan. 1, 1998. (e) A correction to the information may be made by any of the methods authorized for providing the information. Amended by Acts 1995, 74th Leg., ch. 3101), Sec. 1, eff. Amended as Sec. Jan. 1, 1984. 92.016. 225 (S.B. The reletting fee (not a "relenting fee") is a sum you pay to the landlord to cover the expenses incurred in reletting your apartment in the event you break your lease and move out before. 92.261. 650, Sec. The justice may defer payment of the tenant's filing fees and service costs for the sworn complaint for reentry and writ of reentry. Jan. 1, 1984. Amended by Acts 1993, 73rd Leg., ch. You can't make the best decision for your situation until you . Jan. 1, 1984. Most tenant insurance policies do not cover damages or loss incurred in a flood. Amended by Acts 1993, 73rd Leg., ch. Acts 2007, 80th Leg., R.S., Ch. (d) A landlord and a tenant may agree for the tenant to repair or remedy, at the landlord's expense, any condition covered by Subchapter B. 91 (S.B. Most commonly, an early termination fee is two months' rent. NOTICE TO TENANT AT PRIMARY RESIDENCE. (4) a temporary residential tenancy created by a contract for sale in which the buyer occupies the property before closing or the seller occupies the property after closing for a specific term not to exceed 90 days. Sec. (3) if the dwelling unit has multiple levels, at least one smoke alarm must be located on each level. TENANT'S FORWARDING ADDRESS. The Texas Property Code, 92.101 - 92.109, protects the right of renters regarding their security deposit.