869, Sec. Acts 1983, 68th Leg., p. 3645, ch. Sec. Added by Acts 1995, 74th Leg., ch. 1, Sept. 1, 1995. 23.011, eff. POSSESSION OF FIREARMS OR FIREARM AMMUNITION ON LEASED PREMISES. 576, Sec. September 1, 2013. Added by Acts 2015, 84th Leg., R.S., Ch. (a) If a landlord has installed a 1A10BC residential fire extinguisher as defined by the National Fire Protection Association or other non-rechargeable fire extinguisher in accordance with a local ordinance or other law, the landlord or the landlord's agent shall inspect the fire extinguisher: (1) at the beginning of a tenant's possession; and. (i) For purposes of Subsections (c) and (c-1), a tenant who is a parent or guardian of a victim described by those subsections must reside with the victim to exercise the rights established by this section. (b) A keyed dead bolt or a keyless bolting device described in Section 92.151(6)(A) or (B) in a dwelling must: (1) have a strike plate screwed into the portion of the doorjamb surface that faces the edge of the door when the door is closed; or. Amended by Acts 1995, 74th Leg., ch. (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. LEASE WITHOUT SECURITY DEPOSIT; REQUIRED NOTICE. Added by Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 2001. Acts 1983, 68th Leg., p. 3637, ch. a new child or a job transfer) that requires you to find new housing. Aug. 26, 1985. 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. 92.021. 92.057(d) and amended by Acts 1995, 74th Leg., ch. (c) If the tenant decides to pay a fee in lieu of a security deposit, an agreement to collect the fee must be in writing and signed by: (1) the landlord or the landlord's legal representative; and. (4) obtain judicial remedies according to Section 92.0563. (b) If a landlord is liable to the tenant under Subsection (a) of this section, the tenant may: (1) pay the utility company money to reconnect or avert the cutoff of utilities according to this section; (2) terminate the lease if the termination notice is in writing and move-out is to be within 30 days from the date the tenant has notice from the utility company of a future cutoff or notice of an actual cutoff, whichever is sooner; (3) deduct from the tenant's rent, without necessity of judicial action, the amounts paid to the utility company to reconnect or avert a cutoff; (4) if the lease is terminated by the tenant, 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 pursuant to law; (5) if the lease is terminated by the tenant, recover a pro rata refund of any advance rentals paid from the date of termination or the date the tenant moves out, whichever is later; (6) recover actual damages, including but not limited to moving costs, utility connection fees, storage fees, and lost wages from work; and. (h) A landlord who violates this section is liable to the tenant for actual damages, a civil penalty in an amount equal to the amount of one month's rent plus $500, and attorney's fees. (B) the agreement for repairs by the tenant is either underlined or printed in boldface in the lease or in a separate written addendum; (C) the agreement is specific and clear; and. Sec. 5, eff. 3, eff. Added by Acts 1993, 73rd Leg., ch. 92.1041. (2) 48 inches from the floor, if installed on or after September 1, 1993. Sec. 2, eff. Acts 1983, 68th Leg., p. 3650, ch. 576, Sec. 48, Sec. A party who prevails in a suit brought under this subsection may recover court costs and reasonable attorney's fees from the other party. A security device that is installed, changed, or rekeyed under this subchapter becomes a fixture of the dwelling. January 1, 2008. If the lease is in writing and is not in violation of Section 92.006, the tenant's proof of a knowing violation must be clear and convincing. INSPECTION OF RESIDENTIAL FIRE EXTINGUISHER. 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 (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. This chapter applies only to the relationship between landlords and tenants of residential rental property. Sept. 1, 1995; Acts 1995, 74th Leg., ch. The landlord is not liable to repairmen, contractors, or material suppliers who furnish labor or materials to repair or remedy the condition. Check your specific lease agreement or renewal for your amount. https://texas.public.law/statutes/tex._prop._code_section_92.019. 165, Sec. The term includes a door between a living area and a garage but does not include a sliding glass door or a screen door. Jan. 1, 1984. 882), Sec. (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. 1367), Sec. 650, Sec. Aug. 28, 1989. 1072 (H.B. The power system and installation procedure of a security device that is electrically operated rather than battery operated must comply with applicable local ordinances. 824 (S.B. Check your specific lease agreement or renewal for your amount. (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. (2) entered into a deferred payment plan that complies with Subsection (l). 2404), Sec. (2) may not terminate or suspend the permit until the date the tenant's right of possession ends. (b) A landlord who in bad faith does not provide a written description and itemized list of damages and charges in violation of this subchapter: (1) forfeits the right to withhold any portion of the security deposit or to bring suit against the tenant for damages to the premises; and. (4) The tenant's judicial remedies under Section 92.0563 shall be limited to recovery against the landlord to whom the tenant gave the required notices until the tenant has given the new landlord the notices required by this section and otherwise complied with Section 92.056 as to the new landlord. (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. Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 1993; Acts 1995, 74th Leg., ch. (e) A landlord who violates Subsection (b) or (d) is liable to the tenant for an amount equal to the total of one month's rent plus $100 and attorney's fees. 1, eff. (3) the tenant is entitled to any defenses to payment against the insurer as against the landlord. June 19, 2009. 1099), 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. (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. Tweet Twitter . The landlord shall keep accurate records of all security deposits. Renumbered from Property Code Sec. Sec. 1367), Sec. Senate Bill 1588 modifies Section 209.0064 of the Texas Property Code, which requires written notice of a delinquent account be sent to property owners by a property owners association that administers a subdivision development before the property owner can be made liable for the fees of a collection agent. In this subchapter: (1) "Bedroom" means a room designed with the intent that it be used for sleeping purposes. (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. (d) Repairs under this section may be made only if all of the following requirements are met: (1) The landlord has a duty to repair or remedy the condition under Section 92.052, and the duty has not been waived in a written lease by the tenant under Subsection (e) or (f) of Section 92.006. This is because under Texas law (Tex. 1715), Sec. (2) in addition to other remedies available under law, recover from the landlord an amount equal to the sum of the tenant's actual damages, one month's rent plus $1,000, reasonable attorney's fees, and court costs, less any delinquent rents or other sums for which the tenant is liable to the landlord. 3, eff. LIABILITY OF TENANT FOR GOVERNMENTAL FINES. In addition to other remedies provided by law, if a landlord retaliates against a tenant under this subchapter, the tenant may recover from the landlord a civil penalty of one month's rent plus $500, actual damages, court costs, and reasonable attorney's fees in an action for recovery of property damages, moving costs, actual expenses, civil penalties, or declaratory or injunctive relief, less any delinquent rents or other sums for which the tenant is liable to the landlord. The landlord has the burden of proving that the tenant received a copy of the rule or policy change. 1, eff. Repairs may not be made to the foundation or load-bearing structural elements of the building if it contains two or more dwelling units. (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. Re: Reletting Fee. However, a landlord may deactivate or remove the locking mechanism of a doorknob lock or remove any device not qualifying as a keyless bolting device if a keyed dead bolt has been installed on the same door. Sec. 869, Sec. Sec. Texas courts allow landlords to charge so-called "reletting fees," which are the landlord's costs resulting from an early lease termination. Acts 1983, 68th Leg., p. 3641, ch. (a) For purposes of this section, "dependent," "military service," and "servicemember" have the meanings assigned by 50 App. (b) A landlord shall perform additional rekeying or change a security device at the tenant's expense if requested by the tenant. 92.168. Sec. 689, Sec. 92.015. 92.261. Amended by Acts 1993, 73rd Leg., 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. 3101), Sec. Sec. (B) the National Weather Service issues a heat advisory for a county in which the premises is located or has issued such an advisory on one of the two preceding days. (d) Repealed by Acts 2009, 81st Leg., R.S., Ch. TENANT'S FORWARDING ADDRESS. 5, eff. (2) payable at the time each rent payment is due during the lease. 357, Sec. 8, eff. A party who prevails in a suit under this subsection may recover court costs and reasonable attorney's fees from the other party. 92.355. (4) a judgment against the tenant for reasonable attorney's fees. Jan. 1, 1996. (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.