How to Break a Lease Early and Legally | Legal Templates Acts 1983, 68th Leg., p. 3633, ch. 92.204. 921 (H.B. Sec. INSTALLATION AND LOCATION. January 1, 2010. LANDLORD'S DEFENSES RELATING TO INSTALLING OR REKEYING CERTAIN SECURITY DEVICES. 1186), Sec. Sec. 48, Sec. 1, eff. 92.026. 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. 92.003. (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. (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. (i) A landlord may not charge a tenant for normal wear and tear of a dwelling. LANDLORD'S DUTY TO PROVIDE COPY OF LEASE. Acts 1983, 68th Leg., p. 3637, ch. Jan. 1, 1984. 92.023. A landlord is presumed to have refunded a security deposit or made an accounting of security deposit deductions if, on or before the date required under this subchapter, the refund or accounting is placed in the United States mail and postmarked on or before the required date. (d) If a landlord changes the vehicle towing or parking rules or policies during the term of the lease agreement, the landlord shall provide written notice of the change to the tenant before the tenant is required to comply with the rule or policy change. A landlord has a defense to liability under Section 92.202 or 92.203 if the tenant owes rent on the date the tenant gives a notice required by either of those sections. (a) A representative of the estate of a tenant who dies before the expiration of the tenant's lease and was, at the time of the tenant's death, the sole occupant of a rental dwelling may terminate the tenant's rights and obligations under the lease and may vacate the leased premises and avoid liability for future rent and any other sums due under the lease for terminating the lease and vacating the leased premises before the end of the lease term if: (1) the representative provides to the landlord or the landlord's agent written notice of the termination of the lease under this section; (2) the deceased tenant's property is removed from the leased premises in accordance with Section 92.014(c) or (d); and. (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. Is subletting legal in North Carolina? June 18, 2005. Sec. LANDLORD'S DUTY TO REPAIR OR REMEDY. (c) When deducting for the tenant's payment of the landlord's utility bill under this section, the tenant shall submit to the landlord a copy of a receipt from the utility company which evidences the amount of payment made by the tenant to reconnect or avert cutoff of utilities. 650, Sec. Jan. 1, 1984. Sec. (d) A provision of a lease that purports to waive a right or exempt a party from a liability or duty under this section is void. Written Notice: The clause will specify how much written notice the tenant must give the landlord to end a lease early. SECURITY DEVICES REQUESTED BY TENANT. Added by Acts 1993, 73rd Leg., ch. Section 92.019 Texas Property Code Sec. RECORDS. 2, eff. Amended by Acts 1995, 74th Leg., ch. (c) Affidavits under this section may delay repair by the tenant for: (1) 15 days if the landlord's failure to repair is caused by a delay in obtaining necessary parts for which the landlord is not at fault; or. Sept. 1, 1993. 869, Sec. Added by Acts 1999, 76th Leg., ch. 1, eff. Sec. (b) If written notice of the name and business street address of the company that manages the dwelling has been given to the tenant, the management company is the owner's sole agent for service of process. Acts 1983, 68th Leg., p. 3638, ch. (d) Subsections (a) and (b) apply only when a tenant is in possession of a dwelling. 1, eff. 92.351. (b) A late fee under this section may include an initial fee and a daily fee for each day any portion of the tenant's rent continues to remain unpaid, and the combined fees are considered a single late fee for purposes of this section. (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. Sec. (a) A person other than a tenant who guarantees a lease is liable only for the original lease term except that a person may specify that the person agrees to guarantee a renewal of the lease as provided by Subsection (b). Aug. 31, 1987. (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. PDF Tenants' Rights Handbook - Texas Tech University Can we be forced to pay 2 extra months of rent and a reletting fee plus (C) designed to prevent the door from being opened. (b) A smoke alarm must be installed on a ceiling or wall. 600 (H.B. 2404), Sec. (2) a door viewer if the door does not have a door viewer. 1072 (H.B. 2, eff. Amended as Sec. (c) A tenant is not liable for damages suffered by the landlord if the damage is caused by the landlord's failure to repair the smoke alarm within a reasonable time after the tenant requests it to be repaired, considering the availability of material, labor, and utilities. (a) A landlord shall disclose to a tenant, or to any government official or employee acting in an official capacity, according to this subchapter: (1) the name and either a street or post office box address of the holder of record title, according to the deed records in the county clerk's office, of the dwelling rented by the tenant or inquired about by the government official or employee acting in an official capacity; and. Facebook. Added by Acts 1995, 74th Leg., ch. 0. (2) the landlord is required to repair or replace the fire extinguisher within a reasonable time if the tenant pays in advance the reasonable repair or replacement cost, including labor, materials, taxes, and overhead. (7) "Landlord" means a dwelling owner, lessor, sublessor, management company, or managing agent, including an on-site manager. 3, eff. 7, 2021). 221 (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. Our rights and remedies under paragraphs 11 and 32 apply to acceleration under this paragraph. APPLICATION. 1, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. September 1, 2017. (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). Added by Acts 1989, 71st Leg., ch. Sec. . (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. 869, Sec. Acts 2015, 84th Leg., R.S., Ch. (d) Termination of a lease under this section is effective: (1) in the case of a lease that provides for monthly payment of rent, on the 30th day after the first date on which the next rental payment is due after the date on which the notice under Subsection (c)(1) is delivered; or. HEIGHT, STRIKE PLATE, AND THROW REQUIREMENTS--KEYED DEAD BOLT OR KEYLESS BOLTING DEVICE. (b) A requirement that a tenant give advance notice of surrender as a condition for refunding the security deposit is effective only if the requirement is underlined or is printed in conspicuous bold print in the lease. LANDLORD'S AGENT FOR SERVICE OF PROCESS. This is because under Texas law (Tex. 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. DUTY TO REPAIR OR REPLACE. Acts 1983, 68th Leg., p. 3653, ch. 257 (H.B. Acts 2009, 81st Leg., R.S., Ch. 92.008(b) to (f) and amended by Acts 1995, 74th Leg., ch. Sec. texas property code reletting fee; Posted on June 29, 2022; By . 4, eff. (a) If the tenant withholds rents, causes repairs to be performed, or makes rent deductions for repairs in violation of this subchapter, the landlord may recover actual damages from the tenant. (b) A management company or managing agent who is not the owner of a dwelling and who has not purported to be the owner in the lease has a defense to liability under Sections 92.164 and 92.165 if before the date the tenant is in possession of the dwelling or the date of the tenant's request for installation, repair, replacement, change, or rekeying and before any property damage or personal injury to the tenant, the management company or managing agent: (1) did not have funds of the dwelling owner in its possession or control with which to comply with this subchapter; (2) made written request to the dwelling owner that the owner fund and allow installation, repair, change, replacement, or rekeying of security devices as required under this subchapter and mailed the request, certified mail return receipt requested, to the dwelling owner; and. Sec. 9, eff. (2) payable at the time each rent payment is due during the lease. 92.158 and amended 2001, 77th Leg., ch. 576, Sec. Jan. 1, 1984. (b) Except as provided by this section, a landlord may not interrupt or cause the interruption of water, wastewater, gas, or electric service furnished to a tenant by the landlord as an incident of the tenancy or by other agreement unless the interruption results from bona fide repairs, construction, or an emergency. (2) the landlord has given notice to the tenant that the landlord intends to exercise the landlord's remedies under this subchapter if the tenant does not reconnect, repair, or replace the smoke alarm or replace the removed battery within seven days after being notified by the landlord to do so. Ask Your Own Real Estate Law Question 91.006 supports reletting fees by charging an assessment. (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. Guides: Landlord/Tenant Law: Security Deposits - Texas from Statutes.Capitol.Texas.gov website.85 % of read more (b) The tenant shall notify the landlord in writing of any change in the tenant's primary residence address. (3) that the guarantor is liable under a renewal of the lease only if the renewal: (A) involves the same parties as the original lease; and. If you do not meet the selection criteria, or if you provide inaccurate or incomplete information, your application may be rejected and your application fee will not be refunded.". Unless possession of a firearm or firearm ammunition on a landlord's property is prohibited by state or federal law, a landlord may not prohibit a tenant or a tenant's guest from lawfully possessing, carrying, transporting, or storing a firearm, any part of a firearm, or firearm ammunition: (2) in a vehicle located in a parking area provided for tenants or guests by the landlord of the leased premises; or. 9, eff. Added by Acts 2011, 82nd Leg., R.S., Ch. 92.111. Jan. 1, 1984. 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. June 20, 2003. (e) Except as provided in Subsection (f), a tenant to whom a landlord is liable under Subsection (b) of this section may: (2) have the condition repaired or remedied according to Section 92.0561; (3) deduct from the tenant's rent, without necessity of judicial action, the cost of the repair or remedy according to Section 92.0561; and. Amended by Acts 1989, 71st Leg., ch. 92.204. (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. (2) sign a statement authorizing the landlord in the event of the tenant's death to: (A) grant to the person designated under Subdivision (1) access to the premises at a reasonable time and in the presence of the landlord or the landlord's agent; (B) allow the person designated under Subdivision (1) to remove any of the tenant's property found at the leased premises; and. 177), Sec. Jan. 1, 1984. What Happens If You Break A Lease In Texas? - Square Cow Moovers (3) "Lease" means any written or oral agreement between a landlord and tenant that establishes or modifies the terms, conditions, rules, or other provisions regarding the use and occupancy of a dwelling. 576, Sec. Jan. 1, 1984. 1. 92.169. 1051 (H.B. A management company, managing agent, or on-site manager may reimburse itself for the costs from the owner's funds in its possession or control. Texas law governing commercial leases is found in Title 8, Chapter 93 of the Texas Property Code. (k) If the landlord repairs or remedies the condition or delivers an affidavit for delay under Section 92.0562 to the tenant after the tenant has contacted a repairman but before the repairman commences work, the landlord shall be liable for the cost incurred by the tenant for the repairman's trip charge, and the tenant may deduct the charge from the tenant's rent as if it were a repair cost. (B) The landlord has expressly or impliedly agreed in the lease to furnish potable water to the tenant's dwelling and the water service to the dwelling has totally ceased. (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. 91.002 and amended by Acts 1989, 71st Leg., ch. (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. Sept. 1, 1995. (4) affect a local ordinance that requires regular inspections by local officials of smoke alarms in dwelling units and that requires smoke alarms to be operational at the time of inspection. (a) Except as otherwise provided by Subsection (e), a security device operated by a key, card, or combination shall be rekeyed by the landlord at the landlord's expense not later than the seventh day after each tenant turnover date. September 1, 2011. Amended by Acts 1993, 73rd Leg., ch. 1, eff. 593 (S.B. (2) knows or has reason to know that the requirements of the subsection granting the exemption are not fulfilled. (2) exempt any party from a liability or a duty under this section. 234), Sec. 1349 (H.B. Sept. 1, 1993. REPAIR OR CLOSING OF LEASEHOLD. (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. 92.011. 1, 3, eff. 17, eff. Jan. 1, 1984. Acts 1983, 68th Leg., p. 3639, ch. 8, eff. 576, Sec. 5, eff. The tenant shall have the burden of pleading and proving a knowing violation. (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. (b) A landlord may allow an occupancy rate of more than three adult tenants per bedroom: (1) to the extent that the landlord is required by a state or federal fair housing law to allow a higher occupancy rate; or. Added by Acts 1995, 74th Leg., ch. (2) "Dwelling unit" means a home, mobile home, duplex unit, apartment unit, condominium unit, or any dwelling unit in a multiunit residential structure. (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. NOTICE TO TENANT AT PRIMARY RESIDENCE. Sec. 92.013. 13, eff. Amended by Acts 1993, 73rd Leg., ch. http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.92.htm#92.019 Section 92.019 Late Payment of Rent; Fees, (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.
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