5. a judgment against the landlord for attorney 's fees in an action under Subdivision (1) or (3); and 6. unilateral termination of the lease without a court proceeding if the landlord violates Section 92.259(a)(2). 92.154. (2) The tenant's right to repair and deduct for conditions involving sewage backup or overflow, flooding inside the dwelling, or a cutoff of potable water under Subsection (e) of Section 92.0561 shall not be affected, and the tenant shall have no duty to give additional notice to the new landlord. LIABILITY OF TENANT FOR GOVERNMENTAL FINES. Sec. Acts 1983, 68th Leg., p. 3630, ch. Sec. What Happens with Early Termination of the Texas Lease? LANDLORD'S DUTY TO PROVIDE COPY OF LEASE. 744, Sec. (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. (a) If a landlord does not comply with Section 92.153 or 92.156(a) regarding installation or rekeying of a security device, the tenant may: (1) install or rekey the security device as required by this subchapter and deduct the reasonable cost of material, labor, taxes, and extra keys from the tenant's next rent payment, in accordance with Section 92.166; (2) serve a written request for compliance on the landlord, and, except as provided by Subsections (b) and (c), if the landlord does not comply on or before the third day after the date the notice is received, unilaterally terminate the lease without court proceedings; (3) file suit against the landlord without serving a request for compliance and obtain a judgment for: (A) a court order directing the landlord to comply, if the tenant is in possession of the dwelling; (D) attorney's fees except in suits for recovery of property damages, personal injuries, or wrongful death; and. When a tenancy agreement ends early | Residential Tenancies Authority 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. 92.204. Sec. (1-a) "Application fee" means a nonrefundable sum of money that is given to the landlord to offset the costs of screening an applicant for acceptance as a tenant. 92.261. 92.013 by Acts 2001, 77th Leg., ch. Reletting Fee | Legal Advice - LawGuru (h) Repairs made pursuant to the tenant's notice must be made in compliance with applicable building codes, including a building permit when required. Jan. 1, 1996. January 1, 2016. (b) A tenant who is a servicemember or a dependent of a servicemember may vacate the dwelling leased by the tenant and avoid liability for future rent and all other sums due under the lease for terminating the lease and vacating the dwelling before the end of the lease term if: (1) the lease was executed by or on behalf of a person who, after executing the lease or during the term of the lease, enters military service; or. Payment of the fee, charge, or other sum of money by a tenant does not waive the right or remedies provided by this section. (2) exempt any party from a liability or a duty under this section. 1, eff. (c) A fire extinguisher that satisfies the inspection requirements of Subsection (b) at the beginning of a tenant's possession is presumed to be in good working order until the tenant requests an inspection in writing. 9, eff. Acts 1983, 68th Leg., p. 3633, ch. Rent, application fees, rent paid in advance, and non-refundable fees . Added by Acts 1989, 71st Leg., ch. Renumbered from Sec. 92.158 and amended 2001, 77th Leg., ch. 92.023. All Reasons for Breaking a Lease in Texas (Without Penalty) Sec. 475, Sec. Reletting a Rental Property A landlord relets a property by having a new tenant sign an entirely new lease. 869, Sec. January 1, 2010. 15, eff. 2.28, eff. 92.053. 91.002 by Acts 1987, 70th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. A security device that is installed, changed, or rekeyed under this subchapter becomes a fixture of the dwelling. Sec. Jan. 1, 1984. Sec. 1367), Sec. (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 if the tenant complies with Subsection (c). NOTICE OF UTILITY DISCONNECTION OF NONSUBMETERED MASTER METERED MULTIFAMILY PROPERTY TO MUNICIPALITIES, OWNERS, AND TENANTS. Added by Acts 2019, 86th Leg., R.S., Ch. DISCLOSURE OF OWNERSHIP AND MANAGEMENT. (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. Acts 1983, 68th Leg., p. 3639, ch. ADDITIONAL ENFORCEMENT BY LOCAL ORDINANCE. Texas Property Code as it applies to landlord and tenant arrangements. Jan. 1, 1984. (5) a keyless bolting device and a door viewer on each exterior door of the dwelling. Sec. 1, eff. Jan. 1, 1984. Section 4001 et seq.). A sheriff or constable may use reasonable force in executing a writ of reentry under this section. 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. 4, eff. 1, eff. Acts 1983, 68th Leg., p. 3632, ch. Jan. 1, 1984. Oral notices of change are insufficient. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Sept. 1, 1993; Acts 1995, 74th Leg., ch. (c) If the tenant is a victim or a parent or guardian of a victim of sexual assault under Section 22.011, Penal Code, aggravated sexual assault under Section 22.021, Penal Code, indecency with a child under Section 21.11, Penal Code, sexual performance by a child under Section 43.25, Penal Code, continuous sexual abuse of young child or disabled individual under Section 21.02, Penal Code, or an attempt to commit any of the foregoing offenses under Section 15.01, Penal Code, that takes place during the preceding six-month period on the premises or at any dwelling on the premises, the tenant shall provide to the landlord or the landlord's agent a copy of: (1) documentation of the assault or abuse, or attempted assault or abuse, of the victim from a licensed health care services provider who examined the victim; (2) documentation of the assault or abuse, or attempted assault or abuse, of the victim from a licensed mental health services provider who examined or evaluated the victim; (3) documentation of the assault or abuse, or attempted assault or abuse, of the victim from an individual authorized under Chapter 420, Government Code, who provided services to the victim; or. 92.102. (C) the landlord, prior to the date of discarding the property, has not been contacted by anyone claiming the property. Amended by Acts 1993, 73rd Leg., ch. 92.206. interviewer says fair enough. (b) The landlord must post the phone number required by Subsection (a) prominently outside the management or superintendent's office. January 1, 2016. (c) If a landlord or a landlord's agent changes the door lock of a tenant who is delinquent in paying rent, the landlord or the landlord's agent must place a written notice on the tenant's front door stating: (1) an on-site location where the tenant may go 24 hours a day to obtain the new key or a telephone number that is answered 24 hours a day that the tenant may call to have a key delivered within two hours after calling the number; (2) the fact that the landlord must provide the new key to the tenant at any hour, regardless of whether or not the tenant pays any of the delinquent rent; and. (b) A landlord or a landlord's manager or agent may not charge or seek reimbursement from the landlord's tenant for the amount of a fine imposed on the landlord by a governmental entity unless the tenant or another occupant of the tenant's dwelling actually caused the damage or other condition on which the fine is based. 92.205. Acts 1983, 68th Leg., p. 3640, ch. Added by Acts 2013, 83rd Leg., R.S., Ch. (3) not later than the third day after the date of receipt of the tenant's request, provided the tenant with a written notice: (A) stating that the management company or managing agent has taken the actions in Subdivisions (1) and (2); (B) stating that the owner has not provided or will not provide the necessary funds; and. Code 92.019 (2023).) (g) If a landlord arrives at the dwelling in a timely manner in response to a tenant's telephone call to the number contained in the notice as described by Subsection (c)(1) and the tenant is not present to receive the key to the changed lock, the landlord shall leave a notice on the front door of the dwelling stating the time the landlord arrived with the key and the street address to which the tenant may go to obtain the key during the landlord's normal office hours. Amended by Acts 1995, 74th Leg., ch. Sept. 1, 1999. 17.001(b), eff. (a) If a tenant files or prosecutes a suit for retaliatory action based on a complaint asserted under Section 92.331(a)(3), and the government building or housing inspector or utility company representative visits the premises and determines in writing that a violation of a building or housing code does not exist or that a utility problem does not exist, there is a rebuttable presumption that the tenant acted in bad faith. (a) A keyed dead bolt or a keyless bolting device required by this subchapter must be installed at a height: (1) not lower than 36 inches from the floor; and, (A) 54 inches from the floor, if installed before September 1, 1993; or. 8 , 2022. Jan. 1, 1996; Acts 1995, 74th Leg., ch. Amended by Acts 1985, 69th Leg., ch. 92.160. Sec. SUBCHAPTER F. SMOKE ALARMS AND FIRE EXTINGUISHERS. September 1, 2011. Aug. 28, 1995. Is rent acceleration legal in Texas? - Law Stack Exchange Sec. 53.156 Costs and Attorney's Fees Jan. 1, 1996. This subchapter applies to a lease executed, entered into, renewed, or extended on or after September 1, 1979. Sec. The duties of a landlord and the remedies of a tenant under this subchapter are in lieu of the common law, other statutory law, and local ordinances relating to the disclosure of ownership and management of a dwelling by a landlord to a tenant. Breaking a Lease in Texas & it laws- OmniKey Realty 1072 (H.B. 92.252. In Texas the re-let fee cannot exceed 85 percent of your monthly rent. Sept. 1, 1997. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. (c) The justice, county, and district courts have concurrent jurisdiction in an action under Subsection (a). (As a point of reference, the Texas Apartment Association's standard lease sets reletting fees at 85% of a month's rent. 1420, Sec. Sec. 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. (B) a peephole having a barrel with a one-way lens of glass or other substance providing an angle view of not less than 160 degrees. 1, eff. Sept. 1, 1989. 1, eff. If the dwelling has no mailbox and has a keyless bolting device, alarm system, or dangerous animal that prevents the landlord from entering the premises to leave the notice on the inside of the main entry door, the landlord may securely affix the notice on the outside of the main entry door. January 1, 2016. 2, eff. (15) "Tenant turnover date" means the date a tenant moves into a dwelling under a lease after all previous occupants have moved out. (3) "Exterior door" means a door providing access from a dwelling interior to the exterior. LANDLORD REMEDY FOR TENANT VIOLATION. Jan. 1, 1984. 869, Sec. A document signed after 1981 must include the grantee's mailing address. What Happens If You Break A Lease In Texas? - Square Cow Moovers A party who prevails in a suit brought under this subsection may recover court costs and reasonable attorney's fees from the other party. 629 (S.B. Added by Acts 2009, 81st Leg., R.S., Ch. The tenant has the burden of proving that the misuse or damage was caused by another party. 2, eff. 869, Sec. January 1, 2010. Aug. 31, 1987. Amended by Acts 1985, 69th Leg., ch. (c) A notice to a tenant's primary residence under Subsection (a) may be sent by regular United States mail and shall be considered as having been given on the date of postmark of the notice. Sec. Texas Laws About Breaking a Lease | Caretaker (a) A cause of action does not accrue against a landlord or a landlord's manager or agent solely for leasing a dwelling to a tenant convicted of, or arrested or placed on deferred adjudication for, an offense. 92.2611. Added by Acts 2011, 82nd Leg., R.S., Ch. 1186), Sec. Sec. (2) "Dwelling unit" means a home, mobile home, duplex unit, apartment unit, condominium unit, or any dwelling unit in a multiunit residential structure. 257 (H.B. 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. HARASSMENT. (2) be installed in a door with a metal doorjamb that serves as the strike plate. 1112 (H.B. The landlord is not required to give the tenant a description and itemized list of deductions if: (1) the tenant owes rent when he surrenders possession of the premises; and. (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. PROPERTY CODE CHAPTER 91. PROVISIONS GENERALLY APPLICABLE TO - Texas 92.013. June 18, 2005. A wealth of home building and renovating wisdom from years of experience. 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. (C) located on the same lot or tract or adjacent lots or tracts of land. (e) If the requirements of Subsection (d) of this section are met, a tenant may: (1) have the condition repaired or remedied immediately following the tenant's notice of intent to repair if the condition involves sewage or flooding as referred to in Paragraph (A) of Subdivision (3) of Subsection (d) of this section; (2) have the condition repaired or remedied if the condition involves a cessation of potable water as referred to in Paragraph (A) of Subdivision (3) of Subsection (d) of this section and if the landlord has failed to repair or remedy the condition within three days following the tenant's delivery of notice of intent to repair; (3) have the condition repaired or remedied if the condition involves inadequate heat or cooled air as referred to in Paragraph (C) of Subdivision (3) of Subsection (d) of this section and if the landlord has failed to repair the condition within three days after delivery of the tenant's notice of intent to repair; or. 576, Sec. (b) A landlord's rejection of one co-applicant shall be deemed as a rejection of all co-applicants. This subchapter does not impose obligations on a landlord or tenant other than those expressly stated in this subchapter. NOTICE OF RULE OR POLICY CHANGE AFFECTING TENANT'S PERSONAL PROPERTY. 1205, Sec. (d) A fee in lieu of a security deposit must be: (1) a recurring fee of equivalent amount; and. Jan. 1, 1984. 92.007. from Statutes.Capitol.Texas.gov website.85 % of read more Sec. Sept. 1, 1993. (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. 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. Jan. 1, 1984. 92.015. However, the tenant's remedies under this section shall cease if: (1) the landlord provides the tenant with written evidence from the utility that all delinquent sums due the utility have been paid in full; and. Sec. (3) damage from windows or doors left open. Amended by Acts 1997, 75th Leg., ch. APPLICATION. Sec. Sec. 92.251. (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. 1, eff. In addition: (1) if the dwelling unit is designed to use a single room for dining, living, and sleeping, the smoke alarm must be located inside the room; (2) if multiple bedrooms are served by the same corridor, at least one smoke alarm must be installed in the corridor in the immediate vicinity of the bedrooms; and. For purposes of this subsection, there shall be a rebuttable presumption that the landlord acted without knowledge of the violation. 576, Sec. Renumbered from Sec. Check your specific lease agreement or renewal for your amount. 1, eff. Acts 1983, 68th Leg., p. 3638, ch. (C) The landlord has expressly or impliedly agreed in the lease to furnish heating or cooling equipment; the equipment is producing inadequate heat or cooled air; and the landlord has been notified in writing by the appropriate local housing, building, or health official or other official having jurisdiction that the lack of heat or cooling materially affects the health or safety of an ordinary tenant. 2, eff. (2) move out without paying rent in full for the entire lease term or renewal period; or. In addition, Breaking of a Commercial Lease in Texas | Legal Beagle (a) At a tenant's request made at any time, a landlord, at the tenant's expense, shall install: (1) a keyed dead bolt on an exterior door if the door has: (A) a doorknob lock but not a keyed dead bolt; or, (B) a keyless bolting device but not a keyed dead bolt or doorknob lock; and. Over 58 years of experience Guaranteed prices - the price we quote is the price you pay! 687, Sec. Jan. 1, 1996. 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. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING CERTAIN SEX OFFENSES OR STALKING. How to Break a Lease Early and Legally | Legal Templates (c) In addition to other remedies provided by law, if a landlord violates this section, a tenant is entitled to recover from or against the landlord: (1) a civil penalty in an amount equal to one month's rent; (2) actual damages suffered by the tenant as a result of the landlord's violation of this section; (5) reasonable attorney's fees incurred by the tenant in seeking enforcement of this section. (b) At a tenant's request made before January 1, 1995, a landlord, at the tenant's expense, shall install on an exterior door of a dwelling constructed before September 1, 1993: (1) a keyless bolting device if the door does not have a keyless bolting device; and. 1414), Sec. WHEN TENANT'S REQUEST OR NOTICE MUST BE IN WRITING. Sept. 1, 1997. Acts 2019, 86th Leg., R.S., Ch. 576, Sec. (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. RESIDENTIAL TENANT'S RIGHT OF REENTRY AFTER UNLAWFUL LOCKOUT. Guides: Landlord/Tenant Law: Ending the Lease - Texas (2) may not terminate or suspend the permit until the date the tenant's right of possession ends. Sec. 576, Sec. Added by Acts 2019, 86th Leg., R.S., Ch. Amended by Acts 1989, 71st Leg., ch. (c) This section does not apply to or affect a local ordinance governing a landlord's obligation to provide a 24-hour emergency contact number to a tenant that is adopted before January 1, 2008, if the ordinance conforms with or is amended to conform with this section. EVICTION SUITS. Sec. (3) after the tenant gives a repair notice to the landlord and after the landlord has had a reasonable time to make repairs, the tenant is entitled only to the remedies under Subsection (d) of this section and Subdivisions (3), (4), and (5) of Subsection (a) of Section 92.0563. (B) 48 inches from the floor, if installed on or after September 1, 1993. LANDLORD'S DEFENSES RELATING TO INSTALLING OR REKEYING CERTAIN SECURITY DEVICES. Jan. 1, 1996. 917 (H.B. 531), Sec. Texas courts allow landlords to charge so-called "reletting fees," which are the landlord's costs resulting from an early lease termination. (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. 1, eff. 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. (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. January 1, 2016. (e) A keyless bolting device is not required to be installed at the landlord's expense on an exterior door if: (1) the dwelling is part of a multiunit complex in which the majority of dwelling units are leased to tenants who are over 55 years of age or who have a physical or mental disability; (2) a tenant or occupant in the dwelling is over 55 years of age or has a physical or mental disability; and. (f) For the purposes of this section, an owner or property manager may disclose either an actual name or names or an assumed name if an assumed name certificate has been recorded with the county clerk. If the person disobeyed the writ before receiving the show cause order but has complied with the writ after receiving the order, the justice may find the person in contempt and assess punishment under Section 21.002(c), Government Code. 1, eff. (j) A person who receives information under Subsection (c), (c-1), or (d) may not disclose the information to any other person except for a legitimate or customary business purpose or as otherwise required by law. 8, eff. (2) the landlord secures a replacement tenant satisfactory to the landlord and the replacement tenant occupies the dwelling on or before the commencement date of the lease. 92.301. 92.151. AGENT FOR DELIVERY OF NOTICE. or TAR (Texas Association of Realtors) form, then it comports with property code law and means what it says. (i) If a landlord violates Subsection (f), the tenant may recover, in addition to the remedies provided by Subsection (h), an additional civil penalty of one month's rent. VENUE. September 1, 2017. Sec. Subchapter E - Texas Property Code Subchapter E. Disclosure of Ownership and Management Sec. TX Leasing Laws | How to Break a Lease in Texas and What Happens (c) Notwithstanding Subsection (b), a landlord is not required to disclose on the notice that the landlord is aware that a dwelling is located in a 100-year floodplain if the elevation of the dwelling is raised above the 100-year floodplain flood levels in accordance with federal regulations. A landlord may not require a tenant to pay for other repairs or replacements of a security device except as provided by Subsections (b), (c), and (d). Amended by Acts 1993, 73rd Leg., ch. 946), Sec. (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. (e) The landlord is entitled to a hearing on the tenant's sworn complaint for restoration of utility service. There will be a one-time $43 re-inspection fee assessed for that follow-up inspection to determine if the violation (s) previously identified have been abated. 3, eff. (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. Sec. (c) If the date of required notice of acceptance or required refund of an application deposit is a Saturday, Sunday, or state or federal holiday, the required date shall be extended to the end of the next day following the Saturday, Sunday, or holiday. 92.163. Jan. 1, 1984. (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. (b) A tenant may, without request from the landlord, provide the landlord with the information in Subsection (a). This subchapter applies to all residential leases. (2) may not be effective before the 14th day after the date notice of the change is delivered to the tenant, unless the change is the result of a construction or utility emergency. 31.01(71), eff. 92.354. (5) "Premises" means a tenant's rental unit, any area or facility the lease authorizes the tenant to use, and the appurtenances, grounds, and facilities held out for the use of tenants generally.
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