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Unfortunately, many tenants are unaware of this law and do not receive a proper refund of their deposit. (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. (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) 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. 92.013 by Acts 2001, 77th Leg., ch. 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. (g) 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. 165, Sec. (B) the agreement for repairs by the tenant is either underlined or printed in boldface in the lease or in a separate written addendum; (C) the agreement is specific and clear; and. NOTICE FOR TERMINATING CERTAIN TENANCIES. OCCUPANCY LIMITS. (B) a doorknob lock that contains a bolt with at least a one-inch throw. Sept. 1, 1989. Sec. DEFINITIONS. (15) "Tenant turnover date" means the date a tenant moves into a dwelling under a lease after all previous occupants have moved out. 650, Sec. 1, eff. Jan. 1, 1984. 3) You must continue paying rent each month on the first, until a replacement tenant is found and starts paying rent for you. AGENT FOR DELIVERY OF NOTICE. Jan. 1, 1984. Texas Property Code Section 53.156 - Costs and Attorney's Fees 92.0563. A landlord's duty to install a smoke alarm under Subchapter F may not be waived, nor may a tenant waive a remedy for the landlord's noninstallation or waive the tenant's limited right of installation and removal. (b) A landlord may not intentionally prevent a tenant from entering the leased premises except by judicial process unless the exclusion results from: (1) bona fide repairs, construction, or an emergency; (2) removing the contents of premises abandoned by a tenant; or. Jan. 1, 1996. Added by Acts 1993, 73rd Leg., ch. January 1, 2020. Aug. 28, 1989. Added by Acts 1995, 74th Leg., ch. * Quality assurance program Family owned and operated Realistic estimates 100% satisfaction guaranteed Code Ann. 92.335. (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. Amended by Acts 1993, 73rd Leg., ch. (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. (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. (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. 576, Sec. (h) This section does not affect a tenant's liability for delinquent, unpaid rent or other sums owed to the landlord before the date the lease was terminated by the tenant under this section. Sec. 869, Sec. Jan. 1, 1984. (3) leaving the notice inside the dwelling in a conspicuous place if notice in that manner is authorized in a written lease. (e) Repealed by Acts 2017, 85th Leg., R.S., Ch. A wealth of home building and renovating wisdom from years of experience. 48, Sec. 1367), Sec. SMOKE ALARM. Sec. 10.1 Your Responsibility. (c) A smoke alarm may be located other than as required by Subsection (a) or (b) if a local ordinance or a local or state fire marshal approves. Subchapter E - Texas Property Code Subchapter E. Disclosure of Ownership and Management Sec. (b) An eviction or lease termination based on the following circumstances, which are valid grounds for eviction or lease termination in any event, does not constitute retaliation: (1) the tenant is delinquent in rent when the landlord gives notice to vacate or files an eviction action; (2) the tenant, a member of the tenant's family, or a guest or invitee of the tenant intentionally damages property on the premises or by word or conduct threatens the personal safety of the landlord, the landlord's employees, or another tenant; (3) the tenant has materially breached the lease, other than by holding over, by an action such as violating written lease provisions prohibiting serious misconduct or criminal acts, except as provided by this section; (4) the tenant holds over after giving notice of termination or intent to vacate; (5) the tenant holds over after the landlord gives notice of termination at the end of the rental term and the tenant does not take action under Section 92.331 until after the landlord gives notice of termination; or. 1, eff. 3, eff. The writ of reentry must notify the landlord of the right to a hearing. Acts 2017, 85th Leg., R.S., Ch. How to Break a Lease with No Penalty Fees in Texas | Caretaker . (j) If a tenant in bad faith files a sworn complaint for restoration of utility service resulting in a writ being served on the landlord or landlord's agent, the landlord may in a separate cause of action recover from the tenant an amount equal to actual damages, one month's rent or $500, whichever is greater, reasonable attorney's fees, and costs of court, less any sums for which the landlord is liable to the tenant. How to Break a Lease Early and Legally | Legal Templates For purposes of this subchapter: (1) "Application deposit" means a sum of money that is given to the landlord in connection with a rental application and that is refundable to the applicant if the applicant is rejected as a tenant. 1072 (H.B. (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. BAD FAITH VIOLATION. (b) The notice must be given in person or by mail to the affected tenant. 92.2611. (C) taping the notice to the inside of the main entry door of the tenant's dwelling. The landlord has the burden of proving that the tenant received a copy of the rule or policy change. 1, eff. 576, Sec. 918, Sec. (a) A tenant shall notify the landlord of a rent deduction attributable to the tenant's installing, repairing, changing, replacing, or rekeying of a security device under Section 92.164(a)(1) or 92.165(1) after the landlord's failure to comply with this subchapter. Amended by Acts 1993, 73rd Leg., ch. Renumbered from Sec. How much does it cost to break a lease in Texas? (2) the landlord may not allow reoccupancy or reconnection of utilities by separate meter within six months after the date the tenant moves out. Added by Acts 1989, 71st Leg., ch. (b) A person may specify in writing in an original lease that the person will guarantee a renewal of the lease only if the original lease states: (1) the last date, as specified by the guarantor, on which the renewal of the lease will renew the obligation of the guarantor; (2) that the guarantor is liable under a renewal of the lease that occurs on or before that date; and. Renumbered from Property Code Sec. (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. (c) If after a casualty loss the rental premises are partially unusable for residential purposes and if the casualty loss is not caused by the negligence or fault of the tenant, a member of the tenant's family, or a guest or invitee of the tenant, the tenant is entitled to reduction in the rent in an amount proportionate to the extent the premises are unusable because of the casualty, but only on judgment of a county or district court. Sept. 1, 1993. The deferred payment plan must allow the tenant to pay the outstanding electric bill in installments that extend beyond the due date of the next electric bill and must provide that the delinquent amount may be paid in equal installments over a period equal to at least three electric service billing cycles. LANDLORD 'S FAILURE TO CORRECT INFORMATION. The landlord shall have the burden of pleading and proving good faith and continued diligence for subsequent affidavits for delay. 357, Sec. 917 (H.B. CONDITIONS FOR RETENTION OF SECURITY DEPOSIT OR RENT PREPAYMENT. 1, eff. Sec. The same if you're forced to move out because of lease violations. Sept. 1, 1993; Acts 1995, 74th Leg., ch. Acts 1983, 68th Leg., p. 3649, ch. (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. Sec. 31.01(71), eff. (3) "Co-applicant" means a person who makes an application for rental of a dwelling with other applicants and who plans to live in the dwelling with other applicants. January 1, 2006. Late Fees: Landlords in Texas can charge between 10-12% depending on how many units are on the property (4 or less at 12%, more than 4 at 10%). (3) tested and listed for use as a smoke alarm by Underwriters Laboratories, Inc., Factory Mutual Research Corporation, or United States Testing Company, Inc. (a-1) If requested by a tenant as an accommodation for a person with a hearing-impairment disability or as required by law as a reasonable accommodation for a person with a hearing-impairment disability, a smoke alarm must, in addition to complying with Subsection (a), be capable of alerting a hearing-impaired person in the bedrooms it serves. 1, eff. 5, eff. Sept. 1, 2001. Acts 2021, 87th Leg., R.S., Ch. 92.026. 651 (H.B. If a landlord offers a tenant the option of paying a fee in lieu of a security deposit, the landlord: (1) shall offer the tenant the option to instead pay a security deposit; and. Join thousands of people who receive monthly site updates. If a violation (s) is identified at the time of the City's comprehensive inspection, a follow-up inspection will be required. LIABILITY OF LANDLORD. (4) 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, file suit against the landlord and obtain a judgment for: (A) a court order directing the landlord to comply and bring all dwellings owned by the landlord into compliance, if the tenant serving the written request is in possession of the dwelling; (C) punitive damages if the tenant suffers actual damages; (D) a civil penalty of one month's rent plus $500; (F) attorney's fees except in suits for recovery of property damages, personal injuries, or wrongful death.

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