Texas law governing commercial leases is found in Title 8, Chapter 93 of the Texas Property Code. If your tenant leaves early and you have found a new tenant, the previous tenant is not obliged to pay for the remainder of the rent. The landlord may file subsequent affidavits, provided that the total delay of the repair or remedy extends no longer than six months from the date the landlord delivers the first affidavit to the tenant. Jan. 1, 1984. 1399), Sec. 869, Sec. 6, eff. 5, eff. 92.004. 92.0132. 1112 (H.B. 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. 92.251. 1051 (H.B. 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 . 3101), Sec. (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. (C) enter or exit a vehicle on the leased premises or located in a parking area provided by the landlord for tenants or guests. Acts 2019, 86th Leg., R.S., Ch. (16) "Window latch" means a device on a window that prevents the window from being opened and that is operated without a key and only from the interior. (a) A landlord is liable according to this subchapter if: (1) the landlord did not install a smoke alarm at the time of initial occupancy by the tenant as required by this subchapter or a municipal ordinance permitted by this subchapter; or. 257 (H.B. Unlawful Early Move-Out And Reletting Charge. A sheriff or constable may use reasonable force in executing a writ of reentry under this section. Acts 1983, 68th Leg., p. 3641, ch. (3) not entitled to the other repair and deduct remedies under Section 92.0561 or the judicial remedies under Subdivisions (1) and (2) of Subsection (a) of Section 92.0563. Jan. 1, 1984. 91.002 by Acts 1987, 70th Leg., ch. (1) fail to give written move-out notice as required in paragraphs 23 or 37; or. Sec. Aug. 26, 1985. (c) If a landlord does not provide the tenant the notice as required by this section, the landlord forfeits the right to collect damages and charges from the tenant. (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). Sec. Acts 2005, 79th Leg., Ch. (C) located on the same lot or tract or adjacent lots or tracts of land. (f) If the tenant decides to pay a fee in lieu of a security deposit and the landlord purchases insurance coverage as described by Subsection (e), an agreement required under Subsection (c) must clearly specify the following terms: (1) the fee is being paid only to secure occupancy without a requirement of paying a security deposit; (2) the fee, unless otherwise specified, is not refundable; (3) payment of the fee, unless otherwise specified, does not eliminate, release, or otherwise limit the requirements of the lease, including that the tenant must pay for: (B) damages for which the tenant is legally liable under the lease, other than normal wear and tear; and. Acts 2011, 82nd Leg., R.S., Ch. 92.207. The notice must be given at the time of the reduced rent payment. (a) The landlord shall inspect and repair a smoke alarm according to this section. 91.002 by Acts 1987, 70th Leg., ch. (2) date the landlord accepts an application deposit if the landlord does not furnish the applicant an application form. Amended by Acts 1993, 73rd Leg., ch. The tenant must also state orally under oath to the justice the facts of the alleged unlawful utility disconnection. If the lease is terminated, the tenant is entitled only to a pro rata refund of rent from the date the tenant moves out and to a refund of any security deposit otherwise required by law. September 1, 2007. (a) A monthly tenancy or a tenancy from month to month may be terminated by the tenant or the landlord giving notice of termination to the other. (c) If the rules or policies are contained in the lease agreement or an attachment to the lease agreement, the title to the paragraph containing the rules or policies must read "Parking" or "Parking Rules" and be capitalized, underlined, or printed in bold print. (k) For purposes of Subsection (j), "significant financial loss of income" means a reduction of 10 percent or more of the tenant's household income caused by the tenant's military service. Acts 2015, 84th Leg., R.S., Ch. (e) If a tenant is liable under Subsection (a) and the tenant does not comply with the landlord's notice under Subsection (d), the landlord shall have the following remedies against the tenant: (1) a court order directing the tenant to comply with the landlord's notice; (2) a judgment against the tenant for a civil penalty of one month's rent plus $100; (3) a judgment against the tenant for court costs; and. Under Texas law, a landlord has an obligation to mitigate damages. Renumbered from Sec. (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. Acts 2015, 84th Leg., R.S., Ch. 200, Sec. Aug. 28, 1989. HARASSMENT. 4, eff. The sample TAA lease for which you provided a link has a blank for a reletting fee. 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. (2) within a reasonable time after receiving a written request by a tenant. (5) "Landlord" means a prospective landlord to whom a person makes application for rental of a dwelling. (2) enter the payment date and amount in a record book maintained by the landlord. 165, Sec. (3) a nursing or convalescent home licensed by the Department of State Health Services and certified to meet the Life Safety Code under federal law and regulations. (e) A landlord may comply with this section by providing to a tenant a complete copy of the lease: (2) in an electronic format if requested by the tenant; or. 969 (H.B. 3101), Sec. 1, eff. 5, eff. 1198 (S.B. (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. 744, Sec. Acts 2011, 82nd Leg., R.S., Ch. 2, eff. 92.010 by Acts 1995, 74th Leg., ch. 576, Sec. 650, Sec. 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 notice and other communications required or permitted by this subchapter. 10, eff. (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. (c) If a security device required by Section 92.153 to be installed on or after January 1, 1995, without necessity of a tenant's request has not been installed by the landlord, the tenant may request the landlord to immediately install it, and the landlord shall immediately install it at the landlord's expense. 92.024. 1, eff. Amended by Acts 1995, 74th Leg., ch. (3) of the charges for each option described by Subdivision (1) or (2). Amended by Acts 1989, 71st Leg., ch. Termination of a lease under this subsection is effective when the tenant surrenders possession of the dwelling. (e) This section relates only to a fee, charge, or other sum of money required to be paid under the lease if rent is not paid as provided by Subsection (a)(3), and does not affect the landlord's right to terminate the lease or take other action permitted by the lease or other law. 918, Sec. 1367), Sec. The justice may defer payment of the tenant's filing fees and service costs for the sworn complaint for reentry and writ of reentry. 689, Sec. (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. 7, eff. 138, Sec. (2) the fee is used to purchase insurance coverage for damages and unpaid rent for which the tenant is legally liable under the lease or as a result of breaching the lease. January 1, 2008. 1, eff. (d) If the landlord closes the rental unit after the tenant gives the landlord a notice to repair and the tenant moves out on or before the end of the rental term, the landlord must pay the tenant's actual and reasonable moving expenses, refund a pro rata portion of the tenant's rent from the date the tenant moves out, and, if otherwise required by law, return the tenant's security deposit. (c) The tenant's claim to the security deposit takes priority over the claim of any creditor of the landlord, including a trustee in bankruptcy. Notice: 92.019, Property Code prohibits assessing a late fee until rent has remained unpaid for at least one full day after the date on which the rent is due. (C) the landlord, prior to the date of discarding the property, has not been contacted by anyone claiming the property. A landlord's failure to respond does not affect the tenant's liability for any late fee owed to the landlord. (a-1) For purposes of this section, a late fee is considered reasonable if: (A) 12 percent of the amount of rent for the rental period under the lease for a dwelling located in a structure that contains not more than four dwelling units; or, (B) 10 percent of the amount of rent for the rental period under the lease for a dwelling located in a structure that contains more than four dwelling units; or. (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. BAD FAITH VIOLATION. INVALID COMPLAINTS. (c) If the landlord gives the tenant the notice closing the rental unit: (1) before the tenant gives a repair notice to the landlord, the remedies of this subchapter do not apply; (2) after the tenant gives a repair notice to the landlord but before 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; or. Jan. 1, 1984. 5, eff. 1, eff. Jan. 1, 1984. SECURITY DEVICES REQUIRED WITHOUT NECESSITY OF TENANT REQUEST. (f) A tenant who terminates a lease under Subsection (b) is released from all liability for any delinquent, unpaid rent owed to the landlord by the tenant on the effective date of the lease termination if the lease does not contain language substantially equivalent to the following: "Tenants may have special statutory rights to terminate the lease early in certain situations involving family violence or a military deployment or transfer.". (b) At a minimum, an inspection under this section must include: (1) checking to ensure the fire extinguisher is present; and. Sept. 1, 1993. (c) A landlord's failure to provide a complete copy of the lease as described by Subsection (a) or (b) does not invalidate the lease or, subject to Subsection (d), prevent the landlord from prosecuting or defending a legal action or proceeding to enforce the lease. Aug. 31, 1987. Acts 1983, 68th Leg., p. 3631, ch. (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. 53.156 Costs and Attorney's Fees 882), Sec. Sept. 1, 1993. Aug. 31, 1987. Added by Acts 2011, 82nd Leg., R.S., Ch. 650, Sec. Sec. Added by Acts 2021, 87th Leg., R.S., Ch. 92.2571. PROVISIONS GENERALLY APPLICABLE TO LANDLORDS AND TENANTS Sec. 1112, Sec. (3) a crime of personal violence occurred in the multiunit complex in which the tenant's dwelling is located during the two months preceding the date of the request. Sec. January 1, 2006. The request must be a separate document and may not be included as part of a lease agreement. The fee for service of a show cause order is the same as that for service of a civil citation. (2) after the tenant moves out the landlord will either immediately demolish the rental unit or no longer use the unit for residential purposes. The landlord shall have the burden of pleading and proving good faith and continued diligence for subsequent affidavits for delay. Sec. (B) does not increase the guarantor's potential financial obligation for rent that existed under the original lease. INTERRUPTION OF UTILITIES. (b) A tenant who violates this section is presumed to have acted in bad faith. (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. On receipt of an affidavit, the justice shall issue a show cause order, directing the person to appear on a designated date and show cause why the person should not be adjudged in contempt of court. (a) The landlord is not obligated to return a tenant's security deposit or give the tenant a written description of damages and charges until the tenant gives the landlord a written statement of the tenant's forwarding address for the purpose of refunding the security deposit. 92.264. Amended by Acts 1993, 73rd Leg., ch. Acts 1983, 68th Leg., p. 3631, ch. 917 (H.B. Acts 2011, 82nd Leg., R.S., Ch. (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. Sec. If the landlord has already submitted to the insurer a claim for the voided indebtedness, the claim must be withdrawn. (e) Except as provided by Subsection (g), this section does not affect a tenant's liability for delinquent, unpaid rent or other sums owed to the landlord before the lease was terminated by the tenant under this section. 1, eff. (e) Repealed by Acts 2009, 81st Leg., R.S., Ch. . January 1, 2010. Acts 2007, 80th Leg., R.S., Ch. (c) A security device required by Subsection (a) or (b) must be installed at the landlord's expense. 917 (H.B. Added by Acts 1993, 73rd Leg., ch. 5, eff. SUBCHAPTER E. DISCLOSURE OF OWNERSHIP AND MANAGEMENT. Aug. 26, 1985. 1, eff. 2, eff. A tenant of a landlord who is liable under Section 92.259 may obtain or exercise one or more of the following remedies: (1) a court order directing the landlord to comply with the tenant's request if the tenant is in possession of the dwelling unit; (2) a judgment against the landlord for damages suffered by the tenant because of the landlord's violation; (3) a judgment against the landlord for a civil penalty of one month's rent plus $100 if the landlord violates Section 92.259(a)(2); (4) a judgment against the landlord for court costs; (5) a judgment against the landlord for attorney's fees in an action under Subdivision (1) or (3); and. (2) an earlier date agreed to by the landlord and the tenant. 92.018. 937, Sec. The same if you're forced to move out because of lease violations. Amended by Acts 1989, 71st Leg., ch. (c-1) If the family violence is committed by a cotenant or occupant of the dwelling, a tenant may exercise the right to terminate the lease under the procedures provided by Subsection (b-1)(1)(A), (C), or (D) or (b-1)(2) and Subsection (c), except that the tenant is not required to provide the notice described by Subsection (c)(3). (b) A customer shall provide written notice of a service disconnection to each tenant or owner at a nonsubmetered master metered multifamily property not later than the fifth day after the date the customer receives a notice of service disconnection from an electric service provider or a gas utility. The Federal Emergency Management Agency (FEMA) maintains a flood map on its Internet website that is searchable by address, at no cost, to determine if a dwelling is located in a flood hazard area. LATE PAYMENT OF RENT; FEES. 357, Sec. 1, eff. (d) Disclosure of information to a government official or employee must be made by giving the information in writing to the official or employee on or before the seventh day after the date the landlord receives the request from the official or employee for the information. The notice must include a written description and itemized list of all damages, if any, and of unpaid rent, if any, including the dates the rent payments were due. 23.011, eff. WHEN TENANT'S REQUEST OR NOTICE MUST BE IN WRITING. 794, Sec. 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. NOTICE REGARDING VEHICLE TOWING OR PARKING RULES OR POLICIES. Jan. 1, 1984. TENANT REMEDIES FOR LANDLORD'S FAILURE TO INSTALL OR REKEY CERTAIN SECURITY DEVICES. Minimum notice for a tenant to request an early termination of lease (typically 30-60 days) Notice must be written and signed by all tenants involved in the termination. Court costs may be waived only if the tenant executes a pauper's affidavit. 92.301. SECURITY DEPOSIT. A managing agent, leasing agent, or resident manager is the agent of the landlord for purposes of notice and other communications required or permitted by this subchapter. TENANT REMEDIES FOR OTHER LANDLORD VIOLATIONS. (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. 2, eff. (e) If a rule or policy change is made during the term of the lease agreement, the change: (A) apply to all of the landlord's tenants in the same multiunit complex and be based on necessity, safety or security of tenants, reasonable requirements for construction on the premises, or respect for other tenants' parking rights; or, (B) be adopted based on the tenant's written consent; and. 9, eff. (o) A landlord may not interrupt or cause the interruption of electric service under Subsection (h) for any of the following reasons: (1) a delinquency in payment for electric service furnished to a previous tenant; (2) failure to pay non-electric bills, rent, or other fees; (3) failure to pay electric bills that are six or more months delinquent; or. (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. (15) "Tenant turnover date" means the date a tenant moves into a dwelling under a lease after all previous occupants have moved out. 337 (H.B. 576, Sec. 1, eff. 302), Sec. (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.". A tenant who in bad faith violates this section is liable to the landlord for an amount equal to three times the rent wrongfully withheld and the landlord's reasonable attorney's fees in a suit to recover the rent. (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. 651 (H.B. January 1, 2014. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. Sept. 1, 1989. (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. LANDLORD LIABILITY AND TENANT REMEDIES; NOTICE AND TIME FOR REPAIR. Sec. 869, Sec. 1303), Sec. 92.0191. 92.111. (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. 92.105. Sec. The screw hooks must be at least three inches in length and must be screwed into the door frame stud or wall stud on each side of the door. 576, Sec. Amended by Acts 1987, 70th Leg., ch. 31.01(71), eff. 3101), Sec. (b) Notice under this section must be in writing and may be given in person, by mail, or by delivery to the premises. 1448), Sec. June 18, 2005. Jan. 1, 1996; Acts 1995, 74th Leg., ch. 1367), Sec. 0. Sec. Sept. 1, 1993; Acts 1999, 76th Leg., ch. September 1, 2019. TERM OF PARKING PERMIT. (2) a servicemember, while in military service, executes the lease and after executing the lease receives military orders: (A) for a permanent change of station; or. Aug. 26, 1985. https://texas.public.law/statutes/tex._prop._code_section_92.019. 92.254. 6, eff. (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. 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. (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. The re-let fee is turned in at the same time as your keys once you have officially moved out. (3) the landlord has locally mailed not later than the fifth calendar day before the date on which the door locks are changed or hand-delivered to the tenant or posted on the inside of the main entry door of the tenant's dwelling not later than the third calendar day before the date on which the door locks are changed a written notice stating: (A) the earliest date that the landlord proposes to change the door locks; (B) the amount of rent the tenant must pay to prevent changing of the door locks; (C) the name and street address of the individual to whom, or the location of the on-site management office at which, the delinquent rent may be discussed or paid during the landlord's normal business hours; and.
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