Most leases in Texas are written for initial fixed terms, usually 12 months. texas property code reletting fee - alternativeceremony.com What Happens with Early Termination of the Texas Lease? (b) A provision of a lease that purports to waive a right or to exempt a landlord from a liability or duty under this section is void. If you turn in keys voluntarily you're technically moving out, forcing the landlord to put the unit back on the market, thus breaking the agreement. Code 91.006, a landlord must make reasonable efforts to re-rent their unit instead of charging the tenant for the total remaining rent due under the lease. Texas Late Fees, Termination for Nonpayment of Rent, and Other - Nolo If the blank was filled in for the lease at issue, the landlord can probably claim a reletting fee. (c) The acknowledgment required by Subsection (b) must include a statement substantively equivalent to the following: "Signing this acknowledgment indicates that you have had the opportunity to review the landlord's tenant selection criteria. (4) obtain judicial remedies according to Section 92.0563. 7, eff. (2) within a reasonable time after receiving a written request by a tenant. 91.006), your landlord must make reasonable efforts to re-rent your unitno matter what your reason for leavingrather than charge you for the total remaining rent due under the lease. The landlord may charge an initial fee and a daily fee for each day the rent is late. So you may not have to pay much, if any additional rent, if you break your lease. 2, eff. 1715), Sec. If you're "a Continue Reading Pearl York 40 Years of Family Law Practice, now retired. Acts 1983, 68th Leg., p. 3632, ch. If the writ is disobeyed, the tenant or the tenant's attorney may file in the court in which the action is pending an affidavit stating the name of the person who has disobeyed the writ and describing the acts or omissions constituting the disobedience. In addition, Sec. 1168), Sec. 3101), Sec. 0 . (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. The fee for service of a show cause order is the same as that for service of a civil citation. 1, eff. 1002), Sec. The landlord has a duty to mitigate its damages and try to re-let the apartment but this can be difficult to enforce. 138, Sec. 92.010. Sept. 1, 1993. 650, Sec. Amended by Acts 1995, 74th Leg., ch. 337 (H.B. Aug. 28, 1989. Rent delinquency is not a defense for a violation of Section 92.204. entrepreneurship, were lowering the cost of legal services and Jan. 1, 1984. The term does not include dates of entry or occupation not authorized by the landlord. LIABILITY OF CERTAIN GUARANTORS UNDER LEASE. Sept. 1, 1993. Sept. 1, 1995. If the landlord has already submitted to the insurer a claim for the voided indebtedness, the claim must be withdrawn. (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. 9, eff. (4) the fee, unless otherwise specified, is not paying for insurance that covers the tenant or otherwise changes the tenant's obligation to pay rent and damages beyond normal wear and tear. (e) The owner of a dwelling shall reimburse a management company, managing agent, or on-site manager for costs expended by that person in complying with this subchapter. (C) explaining the remedies available to the tenant for the landlord's failure to comply. 1, eff. (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.". You'll be liable for a reletting charge of $675.75 (not to exceed 85% of the highest monthly rent during the Lease term) if you: (A) fail to move in, or fail to give written move out notice as required in Par.23 or 36: (B) move out without paying rent in full for the entire . 683, Sec. Amended by Acts 1993, 73rd Leg., ch. 1, eff. 92.351. 92.103. Acts 2017, 85th Leg., R.S., Ch. 650, Sec. 6, eff. 92.201. 92.207. Sec. The tenant selection criteria may include factors such as criminal history, credit history, current income, and rental history. (f) A tenant's guest or invitee who suffers damage because of a landlord's failure to install, inspect, or repair a smoke alarm as required by this subchapter may recover a judgment against the landlord for the damage. Sec. 576, Sec. (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. Added by Acts 2007, 80th Leg., R.S., Ch. 8 , 2022. 91.002 by Acts 1987, 70th Leg., ch. September 1, 2017. 92.159. The power system and installation procedure of a security device that is electrically operated rather than battery operated must comply with applicable local ordinances. 2, eff. 126, Sec. (a) Upon written request of a landlord, the landlord's tenant shall: (1) provide the landlord with the name, address, and telephone number of a person to contact in the event of the tenant's death; and. 869, Sec. LANDLORD'S DEFENSE. Sept. 1, 2001. PDF T Exas a Ssociation of R Ealtors Residential Lease 92.026. (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. What's the Difference Between a Lease Termination Charge and a (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. 92.155. Acts 2015, 84th Leg., R.S., Ch. (b) If a tenant files or prosecutes a suit under this subchapter in bad faith, the landlord may recover possession of the dwelling unit and may recover from the tenant a civil penalty of one month's rent plus $500, court costs, and reasonable attorney's fees. 593 (S.B. Renumbered from Property Code Sec. For purposes of this subsection, a tenant suffers a substantial loss or damage to personal property if the total cost of repairs to or replacement of the personal property is 50 percent or more of the personal property's market value on the date the flooding occurred. 2, eff. 1, 3, eff. (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). Sept. 1, 1993. (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. 917 (H.B. Sec. NOTICE FOR DWELLING LOCATED IN FLOODPLAIN. (a) For purposes of this section: (1) "Family violence" has the meaning assigned by Section 71.004, Family Code. (a) A landlord may not retaliate against a tenant by taking an action described by Subsection (b) because the tenant: (1) in good faith exercises or attempts to exercise against a landlord a right or remedy granted to the tenant by lease, municipal ordinance, or federal or state statute; (2) gives a landlord a notice to repair or exercise a remedy under this chapter; (3) complains to a governmental entity responsible for enforcing building or housing codes, a public utility, or a civic or nonprofit agency, and the tenant: (A) claims a building or housing code violation or utility problem; and, (B) believes in good faith that the complaint is valid and that the violation or problem occurred; or. LANDLORD'S DUTY TO REPAIR OR REPLACE SECURITY DEVICE. Subletting vs. Reletting - What's the difference? - Swamp Rentals How to Break a Lease with No Penalty Fees in Texas | Caretaker 3, eff. (b) The landlord may not retain any portion of a security deposit to cover normal wear and tear. This subchapter does not impose obligations on a landlord or tenant other than those expressly stated in this subchapter. 1, eff. 2, eff. 92.013 by Acts 2001, 77th Leg., ch. 1099), Sec. (d) The acknowledgment may be part of the rental application if the notice is underlined or in bold print. (C) refund the tenant's security deposit, less lawful deductions, to the person designated under Subdivision (1). Jan. 1, 1984. Added by Acts 2019, 86th Leg., R.S., Ch. Unfortunately, many tenants are unaware of this law and do not receive a proper refund of their deposit. (n) If a delinquent electric bill is paid, or a deferred payment plan is entered into, during normal business hours, the landlord shall reconnect the tenant's electric service within two hours of payment or entry into the deferred payment plan. 469 (H.B. Sec. 3, eff. (5) court costs and attorney's fees, excluding any attorney's fees for a cause of action for damages relating to a personal injury. Aug. 31, 1987. 531), Sec. 576, Sec. 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. 1186), Sec. Prop. Texas Property Code - PROP 92.019 | FindLaw (D) The landlord has been notified in writing by the appropriate local housing, building, or health official or other official having jurisdiction that the condition materially affects the health or safety of an ordinary tenant. Aug. 31, 1987. Code Title 5 Subtitle B Chapter 53 Section 53.156 Texas Property Code Sec. Texas Landlord-Tenant Laws Resource Guide - Rentec Direct Blog 322 (H.B. Added by Acts 1995, 74th Leg., ch. 1198 (S.B. 1, eff. 1, eff. 92.257. September 1, 2019. Sept. 1, 1997. (2) the landlord fails to correct the information on or before the seventh day after the date the tenant gives the landlord written notice that the tenant may exercise the remedies under this subchapter if the corrected information is not provided within seven days. (3) For conditions other than those specified in Subdivision (2) of this subsection, if the new landlord acquires title as described in this subsection and has notified the tenant of the name and address of the new landlord or the new landlord's authorized agent and if the tenant has not already contracted for the repair or remedy at the time the tenant is so notified, the tenant must deliver to the new landlord a written notice of intent to repair or remedy the condition, and the new landlord shall have a reasonable time to complete the repair before the tenant may repair or remedy the condition. Acts 2013, 83rd Leg., R.S., Ch. Acts 1983, 68th Leg., p. 3632, ch. (e) The landlord has met the duty to inspect and repair if the smoke alarm is in good working order after the landlord tests the smoke alarm with smoke, operates the testing button on the smoke alarm, or follows other recommended test procedures of the manufacturer for the particular model. 2, eff. (b) If the landlord makes the notice available under Subsection (a), the applicant shall sign an acknowledgment indicating the notice was made available. Amended by Acts 1995, 74th Leg., ch. (2) "Landlord" means the owner, lessor, or sublessor of a dwelling, but does not include a manager or agent of the landlord unless the manager or agent purports to be the owner, lessor, or sublessor in an oral or written lease. 92.3515. handbook can be located in sections 24, 54, 91 and 92 of the Texas Property Code, which is available in your local law library and online at www.statutes.legis.state.tx.us. Amended by Acts 1995, 74th Leg., ch. Sept. 1, 1993. 92.167. (c) An individual who owns or leases a dwelling within 3,000 feet of a dwelling as to which a landlord has violated this section, or a governmental entity or civic association acting on behalf of the individual, may file suit against a landlord to enjoin the violation. (c) This section does not create a cause of action or expand an existing cause of action. (a) Except as provided by Section 92.107, the landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises. 1, eff. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING CERTAIN DECISIONS RELATED TO MILITARY SERVICE. (e) The landlord is entitled to a hearing on the tenant's sworn complaint for reentry. 92.2611. 375), Sec. (b) A landlord who knowingly violates Section 92.006 by contracting orally or in writing with a tenant to waive the landlord's duty to repair under this subchapter shall be liable to the tenant for actual damages, a civil penalty of one month's rent plus $2,000, and reasonable attorney's fees. 576, Sec. A wealth of home building and renovating wisdom from years of experience. 399), Sec. Jan. 1, 1996. Jan. 1, 1998. 917 (H.B. (b) If a rental applicant requests that any acceptance of the applicant or any refund of the applicant's application deposit be mailed to the applicant, the landlord must mail the refund check to the applicant at the address furnished by the applicant. (3) damage from windows or doors left open. 1, eff. Acts 1983, 68th Leg., p. 3640, ch. Renumbered from Property Code Sec. 576, Sec. (2) documentation of the stalking from a provider of services described by Subsection (c)(1), (2), or (3) and: (A) a law enforcement incident report or, if a law enforcement incident report is unavailable, another record maintained in the ordinary course of business by a law enforcement agency; and. The device must be: (A) a clear glass pane or one-way mirror; or. 92.205. Sept. 1, 1999. 92.054. (5-a) "Rental application" means a written request made by an applicant to a landlord to lease premises from the landlord. If a violation (s) is identified at the time of the City's comprehensive inspection, a follow-up inspection will be required. Is there a way to avoid unlawful early move-out and reletting Redesignated from Property Code Sec. A waiver under this section must be signed and in writing in a document separate from the lease and must comply with federal law. 92.1041. WAIVER. 650, 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. (4) a living unit in an apartment, condominium, cooperative, or townhome project. This chapter applies only to the relationship between landlords and tenants of residential rental property. Amended by Acts 1989, 71st Leg., ch. (14) "Sliding door security bar" means a bar or rod that can be placed at the bottom of or across the interior side of the fixed panel of a sliding glass door and that is designed to prevent the door from being opened. 917 (H.B. texas property code reletting fee - coastbotanik.ca 91.002 and amended by Acts 1989, 71st Leg., ch. 1, eff. 917 (H.B. Amended by Acts 1995, 74th Leg., ch. The notice shall also contain a reasonable description of the intended repair or remedy. Sec. 48, Sec. (d) A landlord to whom Subsection (a) does not apply must provide to a tenant a telephone number for the purpose of reporting emergencies described by that subsection. 92.352. Breaking of a Commercial Lease in Texas | Legal Beagle (b) A landlord may require a tenant to pay for repair or replacement of a security device if an underlined provision in a written lease authorizes the landlord to do so and the repair or replacement is necessitated by misuse or damage by the tenant, a member of the tenant's family, an occupant, or a guest, and not by normal wear and tear. Jan. 1, 1984. 1198 (S.B. June 19, 2009. 0 attorneys agreed. 1112, Sec. Prop. The request must be a separate document and may not be included as part of a lease agreement. Aug. 28, 1989. to cover potential property damage. Written Notice: The clause will specify how much written notice the tenant must give the landlord to end a lease early. 576, Sec. Added by Acts 1995, 74th Leg., ch. Rent, application fees, rent paid in advance, and non-refundable fees . Jan. 1, 1984. 3, eff. 165, Sec. Added by Acts 2005, 79th Leg., Ch. A sliding door pin lock or sliding door security bar required by this subchapter must be installed at a height not higher than: (1) 54 inches from the floor, if installed before September 1, 1993; or. Section 92.019 Texas Property Code Sec. Added by Acts 1993, 73rd Leg., ch. 92.255. 92.331. September 1, 2017. 576, Sec. (3) changing the door locks on the door to the tenant's individual unit of a tenant who is delinquent in paying at least part of the rent. 1, eff. (d) This section does not release a guarantor from the obligations of the guarantor under the terms of the original lease or a valid renewal for costs and damages owed to the lessor that arise after the date specified by the guarantor in the original lease in accordance with Subsection (b), if the costs or damages relate to actions of the tenant before that date or arise as a result of the tenant refusing to vacate the leased premises. Sec. (a) Except as provided by Subsections (b) and (c), a landlord must comply with a tenant's request for rekeying, changing, installing, repairing, or replacing a security device under Section 92.156, 92.157, or 92.158 within a reasonable time. TENANT'S REMEDY ON NOTICE FROM MANAGEMENT COMPANY. (3) of the charges for each option described by Subdivision (1) or (2). 576, Sec. Sec. (3) "Exterior door" means a door providing access from a dwelling interior to the exterior. Acts 2011, 82nd Leg., R.S., Ch. Code Ann. (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. 576, Sec. Sec. 1086), Sec. 92.264. 12, eff. TENANT'S REPAIR AND DEDUCT REMEDIES. Jan. 1, 1996. 1, eff. In this subchapter: (1) "Bedroom" means a room designed with the intent that it be used for sleeping purposes. OCCUPANCY LIMITS. January 1, 2014. 92.052. Reletting is a penalty for breaking your lease. However, a landlord may deactivate or remove the locking mechanism of a doorknob lock or remove any device not qualifying as a keyless bolting device if a keyed dead bolt has been installed on the same door. 92.162. (2) enter the payment date and amount in a record book maintained by the landlord. January 1, 2010. (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. (q) The landlord may not evict a tenant for failure to pay an electric bill when the landlord has interrupted the tenant's electric service under Subsection (h) unless the tenant fails to pay for the electric service after the electric service has been interrupted for at least two days, not including weekends or state or federal holidays. 92.166. 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. (2) 48 inches from the floor, if installed on or after September 1, 1993. There is always an early . Notice in person may be by personal delivery to the tenant or any person residing at the tenant's dwelling who is 16 years of age or older or by personal delivery to the tenant's dwelling and affixing the notice to the inside of the main entry door. (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. 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. 576, Sec. 92.059 and amended by Acts 1995, 74th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. 337 (H.B. 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). (e) A landlord or landlord's agent who lawfully permits a person described by Subsection (a) to enter or facilitates the person's entry into the leased premises under this section is not liable for an act or omission that arises in connection with permitting or facilitating the entry. 1, eff. 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. However, this subchapter does not: (1) affect a local ordinance adopted before September 1, 1981, that requires landlords to install smoke alarms in new or remodeled dwelling units before September 1, 1981, if the ordinance conforms with or is amended to conform with this subchapter; (2) limit or prevent adoption or enforcement of a local ordinance relating to fire safety as a part of a building, fire, or housing code, including any requirements relating to the installation of smoke alarms or the type of smoke alarms; (3) otherwise limit or prevent the adoption of a local ordinance that conforms to this subchapter but which contains additional enforcement provisions, except as provided by Subsection (b); or. Acts 1983, 68th Leg., p. 3632, ch. 1072 (H.B. 31.01(71), eff. Mark as helpful. 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. (k) If a tenant in bad faith files a sworn complaint for reentry resulting in a writ of reentry 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.