(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. (b) If the tenant gives notice under Subsection (a)(2) and the tenant's lease is in writing, the lease may require the tenant to make the initial request for installation, inspection, or repair of a smoke alarm in writing. Sept. 1, 1993. 1072 (H.B. Reletting Charge | Legal Advice - LawGuru A tenant may request that the landlord provide to the tenant a written statement of whether the tenant owes a late fee to the landlord and, if so, the amount of the late fee. (a) A landlord has a defense to liability under Section 92.165 if 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 this subchapter. LANDLORD'S DEFENSES. Jan. 1, 1984. 5, eff. INTERRUPTION OF UTILITIES. Added by Acts 1995, 74th Leg., ch. (6) No provision of this section shall affect any right of a foreclosing superior lienholder to terminate, according to law, any interest in the premises held by the holders of subordinate liens, encumbrances, leases, or other interests and shall not affect any right of the tenant to terminate the lease according to law. 1, eff. Jan. 1, 1984. (e) If the landlord rejects an applicant and the landlord has not made the notice required by Subsection (a) available, the landlord shall return the application fee and any application deposit. January 1, 2016. Acts 1983, 68th Leg., p. 3648, ch. 9, eff. Jan. 1, 1984. 7, 2021). 92.014. (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. texas property code reletting fee - sophrologie-dahan.fr 1, eff. Late Fees: Landlords in Texas can charge between 10-12% depending on how many units are on the property (4 or less at 12%, more than 4 at 10%). If the writ is disobeyed, the tenant or the tenant's attorney may file in the court in which the action is pending an affidavit stating the name of the person who has disobeyed the writ and describing the acts or omissions constituting the disobedience. 92.013 by Acts 2001, 77th Leg., ch. (2) at the time the tenant receives such evidence, the tenant has not yet terminated the lease or filed suit under this section. 92.051. Sec. A landlord who violates this section shall be liable to the tenant for all judicial remedies under Section 92.0563 except that the civil penalty under Subdivision (3) of Subsection (a) of Section 92.0563 shall be one month's rent plus $1,000. 92.204. Subletting vs Reletting: Which Is Best For Me? - Apartment Life Property Address Monthly Rent Day of Move Proration Due Date Prorated Rent Texas Homes Realty and Management 21510 Kingsland Blvd #105 Katy, TX 77450 X 2nd X 35.00 10.00 Sample Lease X (a) This subchapter does not apply to: (1) a dwelling unit that is occupied by its owner, no part of which is leased to a tenant; (2) a dwelling unit in a building five or more stories in height in which smoke alarms are required or regulated by local ordinance; or. 5, eff. Sept. 1, 1995. 1198 (S.B. Acts 1983, 68th Leg., p. 3647, ch. 600 (H.B. (e) The landlord is entitled to a hearing on the tenant's sworn complaint for reentry. January 1, 2020. 92.002. 630), Sec. Sec. REJECTION OF APPLICANT. 826, Sec. (d) If a landlord changes the vehicle towing or parking rules or policies during the term of the lease agreement, the landlord shall provide written notice of the change to the tenant before the tenant is required to comply with the rule or policy change. 917 (H.B. 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. 1, eff. 2, eff. LANDLORD'S DUTY TO REPAIR OR REMEDY. 1, eff. (7) recover court costs and attorney's fees, excluding any attorney's fees for a cause of action for damages relating to a personal injury. Aug. 28, 1989. (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. (2) 48 inches from the floor, if installed on or after September 1, 1993. 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. 794, Sec. (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. (b) A landlord is liable to a tenant as provided by this subchapter if: (1) the tenant has given the landlord notice to repair or remedy a condition by giving that notice to the person to whom or to the place where the tenant's rent is normally paid; (2) the condition materially affects the physical health or safety of an ordinary tenant; (3) the tenant has given the landlord a subsequent written notice to repair or remedy the condition after a reasonable time to repair or remedy the condition following the notice given under Subdivision (1) or the tenant has given the notice under Subdivision (1) by sending that notice by certified mail, return receipt requested, by registered mail, or by another form of mail that allows tracking of delivery from the United States Postal Service or a private delivery service; (4) the landlord has had a reasonable time to repair or remedy the condition after the landlord received the tenant's notice under Subdivision (1) and, if applicable, the tenant's subsequent notice under Subdivision (3); (5) the landlord has not made a diligent effort to repair or remedy the condition after the landlord received the tenant's notice under Subdivision (1) and, if applicable, the tenant's notice under Subdivision (3); and. 1, eff. January 1, 2016. (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. The justice may defer payment of the tenant's filing fees and service costs for the sworn complaint for reentry and writ of reentry. If on a ceiling, it must be no closer than six inches to a wall or otherwise located in accordance with the manufacturer's installation instructions. 92.110. No further notice from the tenant is necessary in order for the tenant to repair or remedy the condition after a reasonable time has elapsed. (5) unilateral termination of the lease without a court proceeding. Acts 2009, 81st Leg., R.S., Ch. (2) the landlord may not allow reoccupancy or reconnection of utilities by separate meter within six months after the date the tenant moves out. January 1, 2016. (d) The writ of restoration of utility service must be served on either the landlord or the landlord's management company, on-premises manager, or rent collector in the same manner as a writ of possession in a forcible detainer suit. SUBCHAPTER E. DISCLOSURE OF OWNERSHIP AND MANAGEMENT. Subchapter F - Texas Property Code (As a point of reference, the Texas Apartment Association's standard lease sets reletting fees at 85% of a month's rent. Sec. 17.01(44), eff. (l) A deferred payment plan for the purposes of this section must be in writing. (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. (e) A landlord who violates this section is liable to the tenant for actual damages, a civil penalty equal in amount to the amount of one month's rent plus $500, and attorney's fees. 1, eff. The landlord is not liable to repairmen, contractors, or material suppliers who furnish labor or materials to repair or remedy the condition. 1, eff. This duty does not exist with respect to damage or a malfunction caused by the tenant, the tenant's family, or the tenant's guests or invitees during the term of the lease or a renewal or extension, except that the landlord has a duty to repair or replace the smoke alarm if the tenant pays in advance the reasonable repair or replacement cost, including labor, materials, taxes, and overhead. A landlord's duty to install a smoke alarm under Subchapter F may not be waived, nor may a tenant waive a remedy for the landlord's noninstallation or waive the tenant's limited right of installation and removal. (i) If the landlord or the person on whom a writ of reentry 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. (h) If a writ of possession is issued, it supersedes a writ of reentry. January 1, 2016. DUTY TO REPAIR OR REPLACE. (a) The tenant may not withhold payment of any portion of the last month's rent on grounds that the security deposit is security for unpaid rent. Jan. 1, 1984. 2, eff. 576, Sec. If the blank was filled in for the lease at issue, the landlord can probably claim a reletting fee. (a) A tenant's judicial remedies under Section 92.056 shall include: (1) an order directing the landlord to take reasonable action to repair or remedy the condition; (2) an order reducing the tenant's rent, from the date of the first repair notice, in proportion to the reduced rental value resulting from the condition until the condition is repaired or remedied; (3) a judgment against the landlord for a civil penalty of one month's rent plus $500; (4) a judgment against the landlord for the amount of the tenant's actual damages; and. 650, Sec. (b) Disclosure to a tenant under Subsection (a) must be made by: (1) giving the information in writing to the tenant on or before the seventh day after the day the landlord receives the tenant's request for the information; (2) continuously posting the information in a conspicuous place in the dwelling or the office of the on-site manager or on the outside of the entry door to the office of the on-site manager on or before the seventh day after the date the landlord receives the tenant's request for the information; or. (c) 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) a judge signs an order described by Subsection (b-1)(1) if the tenant obtained such an order; (2) the tenant provides a copy of the relevant documentation described by Subsection (b-1)(1) or (2), as applicable, to the landlord; (3) 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; (4) the 30th day after the date the tenant provided notice under Subdivision (3) expires; and. Sept. 1, 1995. June 19, 2009. Can we be forced to pay 2 extra months of rent and a reletting fee plus You should seek insurance coverage that would cover losses caused by a flood.". 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. 92.019 Late Payment of Rent; Fees (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; (2) the fee is reasonable; and (3) Check your specific lease agreement or renewal for your amount. Jan. 1, 1996. 650, Sec. 4, eff. 1, eff. (g) eff. 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 . (g) A party may appeal from the court's judgment at the hearing on the sworn complaint for restoration of utility service in the same manner as a party may appeal a judgment in a forcible detainer suit. The reletting . 1112 (H.B. Jan. 1, 1996. Renumbered from Sec. (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. (B) to deploy with a military unit for a period of 90 days or more. Sec. 918, Sec. A sheriff or constable may use reasonable force in executing a writ of reentry under this section. (c) The landlord has the burden of pleading and proving, by clear and convincing evidence, that the landlord gave the tenant the required notice of the illegality and the penalties and that the tenant's violation was done in bad faith. 1, eff. 576, Sec. A landlord who in bad faith fails to refund an application fee or deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the amount wrongfully retained, and the applicant's reasonable attorney's fees. 69), Sec. 1, Sept. 1, 1995. The deferred payment plan must allow the tenant to pay the outstanding electric bill in installments that extend beyond the due date of the next electric bill and must provide that the delinquent amount may be paid in equal installments over a period equal to at least three electric service billing cycles. . 39 (H.B. (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. (4) affect a local ordinance that requires regular inspections by local officials of smoke alarms in dwelling units and that requires smoke alarms to be operational at the time of inspection. Amended by Acts 1995, 74th Leg., ch. Facebook. The landlord shall have the burden of pleading and proving good faith and continued diligence for subsequent affidavits for delay. 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. Sec. An owner of real property who files a notice of appeal of a judgment of a justice court to the county court perfects the owner's appeal and stays the effect of the judgment without the necessity of posting an appeal bond. Sec. (h) A security device required by this section must be operable throughout the time a tenant is in possession of a dwelling. Jan. 1, 1984. 4, eff. 48, Sec. Sec. The notice shall also contain a reasonable description of the intended repair or remedy. It's also a good option if you don't want to take responsibility for the new tenant and any damage they might cause to the apartment. Sec. The re-let fee does not include any cleaning or repair fees you are charged. TEXAS ATTORNEY ONLYwith current bar passed and licensed.What are limitations surrounding Reletting Fees? 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. The tenant will have to give proper written notice and pay a fee. The term "keyless bolting device" does not include a chain latch, flip latch, surface-mounted slide bolt, mortise door bolt, surface-mounted barrel bolt, surface-mounted swing bar door guard, spring-loaded nightlatch, foot bolt, or other lock or latch; or. The copy of the rules or policies must be: (2) included in a lease agreement signed by the tenant; or. (2) date the landlord accepts an application deposit if the landlord does not furnish the applicant an application form. (a) Except as provided by Subsection (b), the maximum number of adults that a landlord may allow to occupy a dwelling is three times the number of bedrooms in the dwelling. Aug. 28, 1989. Answered on 9/10/03, 6:42 pm. 689, Sec. (2) if an entity located off-site from the dwelling is primarily responsible for managing the dwelling, the name and street address of the management company. BAD FAITH VIOLATION. Added by Acts 2007, 80th Leg., R.S., Ch. Sec. Renumbered from Sec. (2) sign a statement authorizing the landlord in the event of the tenant's death to: (A) grant to the person designated under Subdivision (1) access to the premises at a reasonable time and in the presence of the landlord or the landlord's agent; (B) allow the person designated under Subdivision (1) to remove any of the tenant's property found at the leased premises; and. Is there a way to avoid unlawful early move-out and reletting Re-letting the property voids the original lease, and releases the original tenant from any continuing obligations. Acts 1983, 68th Leg., p. 3637, ch. In an eviction suit, retaliation by the landlord under Section 92.331 is a defense and a rent deduction lawfully made by the tenant under this chapter is a defense for nonpayment of the rent to the extent allowed by this chapter. (a) Except as provided by Section 92.107, the landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises. 92.103. 92.202. 917 (H.B. 869, Sec. Reletting is your best bet if you have a special circumstance (i.e. 357, Sec. 1414), Sec. 92.056. (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. However . (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. PROVISIONS GENERALLY APPLICABLE TO LANDLORDS AND TENANTS Sec. (g) 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. 21.001(97), eff. 23.011, eff. 4173), 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. 1, eff. (c) Disclosure of information to a tenant may be made under Subdivision (1) or (2) of Subsection (b) before the tenant requests the information. Acts 1983, 68th Leg., p. 3637, ch. 305, Sec. September 1, 2011. (c) A tenant who terminates a lease under Subsection (b) shall deliver to the landlord or landlord's agent: (1) a written notice of termination of the lease; and. 869, Sec. (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 92.162. 1349 (H.B. 576, Sec. Acts 1983, 68th Leg., p. 3649, ch. Acts 2015, 84th Leg., R.S., Ch. 2, eff. Through social PDF Security Deposits - Texas Law Help 1205, Sec. $3 fee for the first page and $2 for each succeeding page (Texas Local Government Code, Section 118.011). 48, Sec. Jan. 1, 1996. 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).". (3) "Exterior door" means a door providing access from a dwelling interior to the exterior. 92.332 by Acts 1997, 75th Leg., ch. (a) A landlord who in bad faith retains a security deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees in a suit to recover the deposit. January 1, 2008. (e) This section does not apply if notice is actually hand delivered to and received by a person occupying the leased premises. 31.01(71), eff. Acts 2007, 80th Leg., R.S., Ch. 11, eff. Amended by Acts 1985, 69th Leg., ch. 588 (S.B. 7, eff. 92.254. Added by Acts 2009, 81st Leg., R.S., Ch. Answer: A reletting or "sublease" charge is an arbitrary number assigned as a value by the landlord to collect for the inconvenience of you making the decision to prematurely exit your lease. Amended by Acts 1993, 73rd Leg., ch. (3) "Smoke alarm" means a device designed to detect and to alert occupants of a dwelling unit to the visible and invisible products of combustion by means of an audible alarm. (d) The writ of reentry must be served on either the landlord or the landlord's management company, on-premises manager, or rent collector in the same manner as a writ of possession in a forcible detainer action. 92.2611. (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. 16, eff. 92.205. (6) the tenant holds over and the landlord's notice of termination is motivated by a good faith belief that the tenant, a member of the tenant's family, or a guest or invitee of the tenant might: (A) adversely affect the quiet enjoyment by other tenants or neighbors; (B) materially affect the health or safety of the landlord, other tenants, or neighbors; or. Aug. 26, 1985. 92.0161. Except as otherwise required by this subchapter, a landlord may select the type, brand, and manner of installation, including placement, of a security device installed under this subchapter. The tenant has the burden of proving that the misuse or damage was caused by another party. If a violation (s) is identified at the time of the City's comprehensive inspection, a follow-up inspection will be required. Aug. 28, 1989. (A) a door lock not in the doorknob that: (i) locks with a bolt into the doorjamb; and, (ii) is operated from the exterior by a key, card, or combination and from the interior by a knob or lever without a key, card, or combination; or. (h) A fee collected under this section is not a security deposit for purposes of this chapter if: (1) an agreement was signed under Subsection (c); and. 92.057(a) and amended by Acts 1995, 74th Leg., ch. A document signed after 1981 must include the grantee's mailing address.

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