The tenant must also state orally under oath to the justice the facts of the alleged unlawful lockout. The term does not include dates of entry or occupation not authorized by the landlord. Acts 1983, 68th Leg., p. 3637, ch. (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. 3, eff. (c) This section does not create a cause of action or expand an existing cause of action. 357, Sec. Added by Acts 2019, 86th Leg., R.S., Ch. HEIGHT, STRIKE PLATE, AND THROW REQUIREMENTS--KEYED DEAD BOLT OR KEYLESS BOLTING DEVICE. Added by Acts 1995, 74th Leg., ch. A wealth of home building and renovating wisdom from years of experience. 92.013 by Acts 2001, 77th Leg., ch. Find more help from the . January 1, 2016. Reletting is your best bet if you have a special circumstance (i.e. 92.059 and amended by Acts 1995, 74th Leg., ch. (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. NOTICE OF UTILITY DISCONNECTION OF NONSUBMETERED MASTER METERED MULTIFAMILY PROPERTY TO MUNICIPALITIES, OWNERS, AND TENANTS. (f) Repairs made pursuant to the tenant's notice must be made by a company, contractor, or repairman listed in the yellow or business pages of the telephone directory or in the classified advertising section of a newspaper of the local city, county, or adjacent county at the time of the tenant's notice of intent to repair. teriyaki chicken donburi wagamama . ADDITIONAL ENFORCEMENT BY LOCAL ORDINANCE. 576, Sec. Jan. 1, 1996. (6) unilateral termination of the lease without a court proceeding if the landlord violates Section 92.259(a)(2). 744, Sec. (5) court costs and attorney's fees, excluding any attorney's fees for a cause of action for damages relating to a personal injury. June 20, 2003. (B) if the report or record described by Paragraph (A) identifies the victim by means of a pseudonym, as defined by Article 58.001, Code of Criminal Procedure, a copy of a pseudonym form completed and returned under Article 58.152(a) of that code. PROPERTY CODE TITLE 8. 92.334 by Acts 1997, 75th Leg., ch. 1072 (H.B. Sept. 1, 1993; Acts 1999, 76th Leg., ch. 917 (H.B. Acts 1983, 68th Leg., p. 3648, ch. Jan. 1, 1984. (f) The closing of a rental unit does not prohibit the occupancy of other apartments, nor does this subchapter prohibit occupancy of or utility service by master or individual meter to other rental units in an apartment complex that have not been closed under this section. 348 (S.B. (a) A landlord may not remove a door, window, or attic hatchway cover or a lock, latch, hinge, hinge pin, doorknob, or other mechanism connected to a door, window, or attic hatchway cover from premises leased to a tenant or remove furniture, fixtures, or appliances furnished by the landlord from premises leased to a tenant unless the landlord removes the item for a bona fide repair or replacement. 375), Sec. Acts 2019, 86th Leg., R.S., Ch. (e) A landlord, not later than the 30th day after the effective date of the termination of a lease under this section, shall refund to the residential tenant terminating the lease under Subsection (b) all rent or other amounts paid in advance under the lease for any period after the effective date of the termination of the lease. 1060 (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. 952, Sec. 1, eff. Acts 1983, 68th Leg., p. 3632, ch. Acts 2015, 84th Leg., R.S., Ch. (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. Acts 1983, 68th Leg., p. 3630, ch. PROVISIONS GENERALLY APPLICABLE TO LANDLORDS AND TENANTS Sec. Jan. 1, 1984. (c) A landlord who fails to give notice as required by this section is liable to the tenant for any expense incurred by the tenant as a result of the landlord's failure to give the notice. (d) This section does not affect the obligations or liability of the tenant or the tenant's estate under the lease before the lease is terminated under this section, including the liability of the tenant or the tenant's estate for: (2) damages to the leased premises not caused by normal wear and tear. Jan. 1, 1984. Sec. (B) 48 inches from the floor, if installed on or after September 1, 1993. (a) Upon written request of a landlord, the landlord's tenant shall: (1) provide the landlord with the name, address, and telephone number of a person to contact in the event of the tenant's death; and. 92.202. 332, Sec. Sec. September 1, 2007. The landlord has a duty to mitigate its damages and try to re-let the apartment but this can be difficult to enforce. interviewer says fair enough. (a) A tenant is liable according to this subchapter if the tenant removes a battery from a smoke alarm without immediately replacing it with a working battery or knowingly disconnects or intentionally damages a smoke alarm, causing it to malfunction. Sec. (b) Unless the condition was caused by normal wear and tear, the landlord does not have a duty during the lease term or a renewal or extension to repair or remedy a condition caused by: (2) a lawful occupant in the tenant's dwelling; (3) a member of the tenant's family; or. My daughter left her off-campus housing in March due to "Shelter in place" and we've been paying rent fo. 92.258. 869, Sec. 3101), Sec. A tenant may make an unlimited number of requests under this subsection. Added by Acts 2005, 79th Leg., Ch. NOTICE OF TENANT'S DEDUCTION OF REPAIR COSTS FROM RENT. 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. 7, eff. Sec. 1, eff. A fee may not be applied to a deferred payment plan entered into under this section. 794, Sec. LANDLORD'S DEFENSES RELATING TO COMPLIANCE WITH TENANT'S REQUEST. (5) engaging, in bad faith, in a course of conduct that materially interferes with the tenant's rights under the tenant's lease. Sept. 1, 1993; Acts 1995, 74th Leg., ch. (12) "Sliding door handle latch" means a latch or lock: (A) located near the handle on a sliding glass door; (B) operated with or without a key; and. Amended by Acts 1989, 71st Leg., ch. (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. 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. The bar or tube must be capable of being secured to both of the screw hooks and must be permanently attached in some way to the door frame stud or wall stud. (a) The duties of a landlord and the remedies of a tenant under this subchapter are in lieu of common law, other statutory law, and local ordinances regarding a residential landlord's duty to install, inspect, or repair a fire extinguisher or smoke alarm in a dwelling unit. Renumbered from Sec. . (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. REKEYING OR CHANGE OF SECURITY DEVICES. (f) If a landlord or a landlord's agent violates this section, the tenant may: (1) either recover possession of the premises or terminate the lease; and. It prohibits them for withholding a portion of the deposit for repairs of conditions caused by normal wear and tear. 3, eff. LIABILITY FOR LEASING TO PERSON WITH CRIMINAL RECORD. 3101), Sec. Certain Private Transfer Fee Obligations Void Current as of April 14, 2021 | Updated by FindLaw Staff Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. When secured to the screw hooks, the bar or tube must prevent the door from being opened unless the bar or tube is removed by a person who is on the interior side of the door. 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, eff. You'll be liable for a reletting charge of $675.75 (not to exceed 85% of the highest monthly rent during the Lease term) if you: (A) fail to move in, or fail to give written move out notice as required in Par.23 or 36: (B) move out without paying rent in full for the entire . 1, eff. 1, eff. (a) A managing or leasing agent, whether residing or maintaining an office on-site or off-site, is the agent of the landlord for purposes of: (1) notice and other communications required or permitted by this subchapter; (2) notice and other communications from a governmental body relating to a violation of health, sanitation, safety, or nuisance laws on the landlord's property where the dwelling is located, including notices of: (D) reimbursement of costs incurred by the governmental body in curing the violation; (b) If the landlord's name and business street address in this state have not been furnished in writing to the tenant or government official or employee, the person who collects the rent from a tenant is the landlord's authorized agent for purposes of Subsection (a). (g) A lease must contain language in underlined or bold print that informs the tenant of the remedies available under this section and Section 92.0561. 1086), Sec. 1, eff. HARASSMENT. (c) If the tenant has complied with Subsection (b) and if the justice reasonably believes an unlawful lockout has likely occurred, the justice may issue, ex parte, a writ of reentry that entitles the tenant to immediate and temporary possession of the premises, pending a final hearing on the tenant's sworn complaint for reentry. 1, eff. 1, eff. LEASE WITHOUT SECURITY DEPOSIT; REQUIRED NOTICE. Sec. (4) failure to pay an electric bill disputed by the tenant, unless the landlord has conducted an investigation as required by the particular case and reported the results in writing to the tenant. https://texas.public.law/statutes/tex._prop._code_section_92.019. Sec. The Texas Legislature amended Section 207.003 and set a maximum fee that may [] (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. The fee for single family rental properties is $43 annually. (c) During the term of a lease or during a renewal or extension, the landlord has a duty to inspect and repair a smoke alarm, but only if the tenant gives the landlord notice of a malfunction or requests to the landlord that the smoke alarm be inspected or repaired. The reletting fee is typically 150% of one month's rent. Acts 1983, 68th Leg., p. 3639, ch. (b) Except as provided by Section 92.255(b), a smoke alarm may be powered by battery, alternating current, or other power source as required by local ordinance.