576, Sec. 4173), Sec. 92.0081. 92.355. (a) Except as provided in Subsection (b), a landlord who receives a security deposit or rent prepayment for a dwelling from a tenant who fails to occupy the dwelling according to a lease between the landlord and the tenant may not retain the security deposit or rent prepayment if: (1) the tenant secures a replacement tenant satisfactory to the landlord and the replacement tenant occupies the dwelling on or before the commencement date of the lease; or. If a rental premises is, as a practical matter, totally unusable for residential purposes as a result of a natural disaster such as a hurricane, tornado, flood, extended freeze, or widespread windstorm, a landlord that allows a tenant to move to another rental unit owned by the landlord may not require the tenant to execute a lease for a term longer than the term remaining on the tenant's lease on the date the premises was rendered unusable as a result of the natural disaster. 1367), Sec. Most tenant insurance policies do not cover damages or loss incurred in a flood. POSSESSION OF FIREARMS OR FIREARM AMMUNITION ON LEASED PREMISES. Unless the landlord and tenant agree otherwise under Subsection (g) of this section, repairs may not be made by the tenant, the tenant's immediate family, the tenant's employer or employees, or a company in which the tenant has an ownership interest. A provision of a rental application that purports to waive a right or exempt a party from a liability or duty under this subchapter is void. Aug. 28, 1989. (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. (d) If a landlord knows that flooding has damaged any portion of a dwelling at least once during the five-year period immediately preceding the effective date of the lease, the landlord shall provide a written notice to a tenant that is substantially equivalent to the following: "(Landlord) ( ) is or ( ) is not aware that the dwelling you are renting has flooded at least once within the last five years.". 917 (H.B. (c) A landlord may require a tenant to pay in advance charges for which the tenant is liable under this subchapter if a written lease authorizes the landlord to require advance payment, and the landlord notifies the tenant within a reasonable time after the tenant's request that advance payment is required, and: (1) the tenant is more than 30 days delinquent in reimbursing the landlord for charges to which the landlord is entitled under Subsection (b); or. September 1, 2019. 576, Sec. Renumbered from Sec. (e) This section does not apply to a landlord's duty to install or rekey, without necessity of a tenant's request, a security device under Section 92.153 or 92.156(a). 1112 (H.B. 1099), Sec. (2) a door viewer if the door does not have a door viewer. 337 (H.B. Aug. 28, 1989. 357, Sec. 651 (H.B. (h) Repairs made pursuant to the tenant's notice must be made in compliance with applicable building codes, including a building permit when required. Sept. 1, 1993. (a) The tenant must delay contracting for repairs under Section 92.0561 if, before the tenant contracts for the repairs, the landlord delivers to the tenant an affidavit, signed and sworn to under oath by the landlord or his authorized agent and complying with this section. Sec. 92.003. Sec. 4, eff. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING CERTAIN SEX OFFENSES OR STALKING. (f) If an applicant requests a landlord to mail a refund of the applicant's application fee to the applicant, the landlord shall mail the refund check to the applicant at the address furnished by the applicant. Reletting fees are allowed under Texas state law, but they can't be so high they would be considered excessive by a judge. 1, eff. 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. (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. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 1168), Sec. (b) This section does not authorize a recovery of attorney's fees in an action brought under Subchapter E or F for damages that relate to or arise from property damage, personal injury, or a criminal act. September 1, 2017. If the insurance company has already paid the landlord for the invalidated claim, the landlord shall return the payment. Through social Added by Acts 2005, 79th Leg., 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). OBLIGATION TO REFUND. Added by Acts 1995, 74th Leg., ch. 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. 92.353. Sec. 3101), Sec. 17.001(b), eff. Jan. 1, 1996. 92.208. (2) 48 inches from the floor, if installed on or after September 1, 1993. Sept. 1, 1997. (a) If a security deposit is required by a residential lease, the landlord may choose to offer the tenant an option to pay a fee in lieu of a security deposit. (a) The landlord shall inspect and repair a smoke alarm according to this section. 1, eff. (a) A landlord that has an on-site management or superintendent's office for a residential rental property must provide to a tenant a telephone number that will be answered 24 hours a day for the purpose of reporting emergencies related to a condition of the leased premises that materially affects the physical health or safety of an ordinary tenant. (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. 257 (H.B. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING TENANT'S DEATH. 92.204. 92.164. Sec. Jan. 1, 1996. Sept. 1, 2001. 92.015. 1, eff. (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. LANDLORD'S DEFENSES RELATING TO COMPLIANCE WITH TENANT'S REQUEST. A reconnection fee may not be applied unless agreed to by the tenant in a written lease that states the exact dollar amount of the reconnection fee. Sec. (4) "Normal wear and tear" means deterioration that results from the intended use of a dwelling, including, for the purposes of Subchapters B and D, breakage or malfunction due to age or deteriorated condition, but the term does not include deterioration that results from negligence, carelessness, accident, or abuse of the premises, equipment, or chattels by the tenant, by a member of the tenant's household, or by a guest or invitee of the tenant. (a) A landlord's duty or a tenant's remedy concerning security deposits, security devices, the landlord's disclosure of ownership and management, or utility cutoffs, as provided by Subchapter C, D, E, or G, respectively, may not be waived. Amended by Acts 1989, 71st Leg., ch. 1, eff. 1, eff. * Quality assurance program Family owned and operated Realistic estimates 100% satisfaction guaranteed Added by Acts 1989, 71st Leg., ch. Sept. 1, 1993. 576, Sec. (a) A smoke alarm must be: (1) designed to detect both the visible and invisible products of combustion; (2) designed with an alarm audible to a person in the bedrooms it serves; and. 1, eff. 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. 91.002 by Acts 1987, 70th Leg., ch. Aug. 28, 1989; Acts 1997, 75th Leg., ch. SUBCHAPTER E. DISCLOSURE OF OWNERSHIP AND MANAGEMENT. Acts 1983, 68th Leg., p. 3639, ch. Sec. A document signed after 1981 must include the grantee's mailing address. Sec. Oral notices of change are insufficient. (Tex. 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. CASH RENTAL PAYMENTS. 1, eff. The same if you're forced to move out because of lease violations. Various state laws limit the maximum amount a landlord can charge, so check your state's laws and regulations. (d) If a suit is filed in a justice court requesting relief under Subsection (a), the justice court shall conduct a hearing on the request not earlier than the sixth day after the date of service of citation and not later than the 10th day after that date. 6, eff. However, if the tenant's rent is subsidized in whole or in part by a governmental agency, the deduction limitation of one month's rent shall mean the fair market rent for the dwelling and not the rent that the tenant pays. 2, eff. (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. (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. (c) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1349 (H.B. 5.202 Texas Property Code - PROP 5.202. 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. Acts 2009, 81st Leg., R.S., Ch. September 1, 2017. (l) A deferred payment plan for the purposes of this section must be in writing. The sample TAA lease for which you provided a link has a blank for a reletting fee. 92.102. REKEYING OR CHANGE OF SECURITY DEVICES. Renumbered from Sec. (j) This section does not affect a tenant's right to pursue a separate cause of action under Section 92.0081. 1112, Sec. entrepreneurship, were lowering the cost of legal services and (5) engaging, in bad faith, in a course of conduct that materially interferes with the tenant's rights under the tenant's lease. Amended by Acts 1995, 74th 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. Jan. 1, 1984. (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. Our contract says we have to give 60 days notice and pay a reletting fee ($1730), plus back-paying the rent concession ($357 per month) we got for signing a year lease, either that or we are liable for the entire years rent (6 x 1678).