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(2) a tenant has notified the landlord that the tenant has used the fire extinguisher for a legitimate purpose. Sec. Jan. 1, 1996; Acts 1995, 74th Leg., ch. 92.058. 1, eff. 31.01(71), eff. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 1072 (H.B. Sept. 1, 1997. 12, eff. 1, eff. 1112 (H.B. January 1, 2006. 1, eff. LANDLORD'S DEFENSES RELATING TO INSTALLING OR REKEYING CERTAIN SECURITY DEVICES. Acts 1983, 68th Leg., p. 3651, ch. 2, eff. A wealth of home building and renovating wisdom from years of experience. LANDLORD'S FAILURE TO INSTALL, INSPECT, OR REPAIR. 92.161. (b) At a minimum, an inspection under this section must include: (1) checking to ensure the fire extinguisher is present; and. 305, Sec. (c) A security device required by Subsection (a) or (b) must be installed at the landlord's expense. Acts 1983, 68th Leg., p. 3650, ch. 92.351. Added by Acts 2019, 86th Leg., R.S., Ch. This fee is meant to compensate the rental owners for the costs of releasing the unit. 69), Sec. If you're "a Continue Reading Pearl York 40 Years of Family Law Practice, now retired. Subchapter E - Texas Property Code Subchapter E. Disclosure of Ownership and Management Sec. 1772), Sec. APPLICATION. (a) A landlord may not: (1) prohibit or limit a residential tenant's right to summon police or other emergency assistance based on the tenant's reasonable belief that an individual is in need of intervention or emergency assistance; or. The fee for service of a show cause order is the same as that for service of a civil citation. (b) If within the time allowed under Section 92.162(c) a landlord requests advance payment of charges that the landlord is entitled to collect under that section, the landlord shall comply with a tenant's request under Section 92.156(b), 92.157(a), or 92.157(b) within a reasonable time. Acts 2007, 80th Leg., R.S., Ch. January 1, 2014. You can't make the best decision for your situation until you . 92.013 by Acts 2001, 77th Leg., ch. (b) A landlord who receives a cash rental payment shall: (1) provide the tenant with a written receipt; and. 92.054. The term includes double-hinged patio doors. 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. TENANT REMEDIES. 1198 (S.B. (f) An appeal of a judgment of a justice court under this section takes precedence in county court and may be held at any time after the eighth day after the date the transcript is filed in the county court. 1, eff. 48, Sec. January 1, 2008. If the landlord's employees perform the work, the charge may include a reasonable amount for overhead but may not include a profit to the landlord. 1, eff. Sec. Sec. Aug. 28, 1995. If management company employees perform the work, the charge may include reasonable overhead and profit but may not exceed the cost charged to the owner by the management company for comparable security devices installed by management company employees at the owner's request and expense. (2) a bolt installed inside the door and operated from the edge of the door, capable of insertion into the doorjamb above the door, and another bolt installed inside the door and operated from the edge of the door capable of insertion into the floor or threshold, each bolt having a throw of three-fourths inch or more. (a) A landlord has a duty to mitigate damages if a tenant abandons the leased premises in violation of the lease. Sept. 1, 1993. Landlords who violate these rules could end up owing the tenant $100, three times the amount of the late fee that was wrongfully collected, and the tenant's attorneys' fees. 600 (H.B. Sec. CASH RENTAL PAYMENTS. Added by Acts 1989, 71st Leg., ch. (3) "Smoke alarm" means a device designed to detect and to alert occupants of a dwelling unit to the visible and invisible products of combustion by means of an audible alarm. Acts 2007, 80th Leg., R.S., Ch. OBLIGATION TO REFUND. Added by Acts 1993, 73rd Leg., ch. (a) If a landlord has installed a 1A10BC residential fire extinguisher as defined by the National Fire Protection Association or other non-rechargeable fire extinguisher in accordance with a local ordinance or other law, the landlord or the landlord's agent shall inspect the fire extinguisher: (1) at the beginning of a tenant's possession; and. (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. 1367), Sec. 1, eff. (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. To rebut that presumption, the date on which the landlord received the tenant's notice, the severity and nature of the condition, and the reasonable availability of materials and labor and of utilities from a utility company must be considered. 1, eff. Added by Acts 2007, 80th Leg., R.S., Ch. 869, Sec. 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. January 1, 2008. Acts 1983, 68th Leg., p. 3638, ch. For purposes of this subsection, there shall be a rebuttable presumption that the landlord acted without knowledge of the violation. In . January 1, 2020. Sec. Sec. Jan. 1, 1984. 92.204. a new child or a job transfer) that requires you to find new housing. 1, eff. (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. Sept. 1, 1993. 92.169. (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. 650, Sec. 5, eff. Misuse of or damage to a security device that occurs during the tenant's occupancy is presumed to be caused by the tenant, a family member, an occupant, or a guest. (a) If a landlord does not comply with Section 92.153 or 92.156(a) regarding installation or rekeying of a security device, the tenant may: (1) install or rekey the security device as required by this subchapter and deduct the reasonable cost of material, labor, taxes, and extra keys from the tenant's next rent payment, in accordance with Section 92.166; (2) 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, unilaterally terminate the lease without court proceedings; (3) file suit against the landlord without serving a request for compliance and obtain a judgment for: (A) a court order directing the landlord to comply, if the tenant is in possession of the dwelling; (D) attorney's fees except in suits for recovery of property damages, personal injuries, or wrongful death; and. 689, Sec. You signed a contract for a year so you are responsible for rent for the entire year. 1186), Sec. Jan. 1, 1984. 76, Sec. (4) a temporary residential tenancy created by a contract for sale in which the buyer occupies the property before closing or the seller occupies the property after closing for a specific term not to exceed 90 days. January 1, 2008. . September 1, 2007. (h) Repairs made pursuant to the tenant's notice must be made in compliance with applicable building codes, including a building permit when required. 2, eff. 1168), Sec. (a) Except as provided by Subsections (b), (e), (f), (g), and (h) and without necessity of request by the tenant, a dwelling must be equipped with: (1) a window latch on each exterior window of the dwelling; (2) a doorknob lock or keyed dead bolt on each exterior door; (3) a sliding door pin lock on each exterior sliding glass door of the dwelling; (4) a sliding door handle latch or a sliding door security bar on each exterior sliding glass door of the dwelling; and. increasing citizen access. 92.253. (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. January 1, 2016. 3, eff. 1, eff. 1168), Sec. (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. The landlord shall keep accurate records of all security deposits. 92.016. 1, eff. Sec. Prop. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 92.007. INSPECTION AND REPAIR. January 1, 2010. September 1, 2007. Renumbered from Sec. 744, Sec. Acts 2007, 80th Leg., R.S., Ch. A reletting rental arrangement is a fresh contractual relationship between the community and the person renting out your former apartment, completely separate from the rental agreement you signed. The tenant may unilaterally terminate the lease or exercise other remedies under Sections 92.164 and 92.165 after receiving written notice from a management company that the owner of the dwelling has not provided or will not provide funds to repair, install, change, replace, or rekey a security device as required by this subchapter. Sec. Join thousands of people who receive monthly site updates. 1, eff. (i) For purposes of Subsections (c) and (c-1), a tenant who is a parent or guardian of a victim described by those subsections must reside with the victim to exercise the rights established by this section. Sept. 1, 2001. 7 juin 2022. (c) Disclosure of information to a tenant may be made under Subdivision (1) or (2) of Subsection (b) before the tenant requests the information. 1, eff. 918, Sec. (d) A landlord and a tenant may agree for the tenant to repair or remedy, at the landlord's expense, any condition covered by Subchapter B. 48, Sec. Section 511. (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. (d) Affidavits for delay based on grounds other than those listed in Subsection (c) of this section are unlawful, and if used, they are of no effect. (a) In this section, "governmental entity" means the state, an agency of the state, or a political subdivision of the state. 126, Sec. Amended as Sec. (e) Repealed by Acts 2017, 85th Leg., R.S., Ch. (2) in the case of a lease other than a lease described by Subdivision (1), on the last day of the month following the month in which the notice under Subsection (c)(1) is delivered. 2, eff. Sept. 1, 1993. 917 (H.B. POSSESSION OF FIREARMS OR FIREARM AMMUNITION ON LEASED PREMISES. (j) A landlord may not interrupt or cause the interruption of electric service under Subsection (h) of a tenant who, before the interruption date specified in the notice required by Subsection (h)(3), has: (1) established that the interruption will cause a person residing in the tenant's dwelling to become seriously ill or more seriously ill by having a physician, nurse, nurse practitioner, or other similar licensed health care practitioner attending to the person who is or may become ill provide a written statement to the landlord or a representative of the landlord stating that the person will become seriously ill or more seriously ill if the electric service is interrupted; 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.". Answer: A reletting or "sublease" charge is an arbitrary number assigned as a value by the landlord to collect for the inconvenience of you making the decision to prematurely exit your lease. Original Source: Sept. 1, 1997. 92.102. Acts 2015, 84th Leg., R.S., Ch. (c) A landlord who fails to give notice as required by this section is liable to the tenant for any expense incurred by the tenant as a result of the landlord's failure to give the notice. 92.205. Sec. (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. (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.