EVICTION SUITS. (b) A landlord who receives a cash rental payment shall: (1) provide the tenant with a written receipt; and. 576, Sec. Sec. 1198 (S.B. 946), Sec. Added by Acts 2005, 79th Leg., Ch. 1, eff. Amended by Acts 1989, 71st Leg., ch. (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. LIABILITY OF LANDLORD. (b) A smoke alarm must be installed on a ceiling or wall. 48, Sec. The landlord has a duty to mitigate its damages and try to re-let the apartment but this can be difficult to enforce. 28.01, eff. (f) If a landlord or a landlord's agent violates this section, the tenant may: (1) either recover possession of the premises or terminate the lease; and. (f) Affidavits for delay by a landlord under this section must be submitted in good faith. 475, Sec. A reasonable time for purposes of this subsection is presumed to be not later than the seventh day after the date the request is received by the landlord. 4, eff. A tenant's guest or invitee who suffers damage because the tenant removed a battery without immediately replacing it with a working battery or because the tenant knowingly disconnected or intentionally damaged the smoke alarm, causing it to malfunction, may recover a judgment against the tenant for the damage. (j) A provision of a lease that purports to waive a right or to exempt a party from a liability or duty under this section is void. (h) Subject to Subsections (i), (j), (k), (m), and (o), a landlord who submeters electricity or allocates or prorates nonsubmetered master metered electricity may interrupt or cause the interruption of electric service for nonpayment by the tenant of an electric bill issued to the tenant if: (1) the landlord's right to interrupt electric service is provided by a written lease entered into by the tenant; (2) the tenant's electric bill is not paid on or before the 12th day after the date the electric bill is issued; (3) advance written notice of the proposed interruption is delivered to the tenant by mail or hand delivery separately from any other written content that: (A) prominently displays the words "electricity termination notice" or similar language underlined or in bold; (i) the date on which the electric service will be interrupted; (ii) a location where the tenant may go during the landlord's normal business hours to make arrangements to pay the bill to avoid interruption of electric service; (iii) the amount that must be paid to avoid interruption of electric service; (iv) a statement providing that when the tenant makes a payment to avoid interruption of electric service, the landlord may not apply that payment to rent or other amounts owed under the lease; (v) a statement providing that the landlord may not evict a tenant for failure to pay an electric bill when the landlord has interrupted the tenant's electric service 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; and, (vi) a description of the tenant's rights under Subsection (j) to avoid interruption of electric service if the interruption will cause a person residing in the tenant's dwelling to become seriously ill or more seriously ill; and, (C) is delivered not earlier than the first day after the bill is past due or later than the fifth day before the interruption date stated in the notice; and. (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. TENANT REMEDIES. (3) if the dwelling unit has multiple levels, at least one smoke alarm must be located on each level. 2, eff.
TX Leasing Laws | How to Break a Lease in Texas and What Happens A party who prevails in a suit brought under this subsection may recover court costs and reasonable attorney's fees from the other party. 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. 337 (H.B. 689, Sec. (2) the tenant and the tenant's dependent move, wholly or partly, because of a significant financial loss of income caused by the tenant's military service. Sec. Aug. 28, 1989. (d) A landlord who fails either to return a security deposit or to provide a written description and itemization of deductions on or before the 30th day after the date the tenant surrenders possession is presumed to have acted in bad faith. 92.105. Acts 2007, 80th Leg., R.S., Ch. 92.252. 92.019. (b) At the time a landlord offers to a tenant the option of paying a fee in lieu of a security deposit, the landlord shall notify the tenant in writing: (1) that the tenant has the option to instead pay a security deposit; (2) that the tenant has the option to terminate the agreement to pay the fee in lieu of a security deposit at any time and stop paying the fee, and instead, to pay a security deposit in the amount that is otherwise offered to new tenants for substantially similar housing on the date the tenant chooses to pay the security deposit; and. 3, eff. (j) When deducting the cost of repairs from the rent payment, the tenant shall furnish the landlord, along with payment of the balance of the rent, a copy of the repair bill and the receipt for its payment. 4, eff. Section 92.019 Texas Property Code Sec. 952, Sec. January 1, 2008. Redesignated from Property Code Sec. Jan. 1, 1984. 0. (2) the landlord may not allow reoccupancy or reconnection of utilities by separate meter within six months after the date the tenant moves out. This subchapter does not affect a duty of a landlord or a remedy of a tenant under Subchapter B regarding habitability. Amended by Acts 1989, 71st Leg., ch. Jan. 1, 1984. (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. (b) Disclosure to a tenant under Subsection (a) must be made by: (1) giving the information in writing to the tenant on or before the seventh day after the day the landlord receives the tenant's request for the information; (2) continuously posting the information in a conspicuous place in the dwelling or the office of the on-site manager or on the outside of the entry door to the office of the on-site manager on or before the seventh day after the date the landlord receives the tenant's request for the information; or. 3, eff. Added by Acts 2021, 87th Leg., R.S., Ch. LANDLORD AFFIDAVIT FOR DELAY. 1112, Sec. 92.057(d) and amended by Acts 1995, 74th Leg., ch. 952, Sec. January 1, 2016. 92.257. Added by Acts 1993, 73rd Leg., ch. (B) if the report or record described by Paragraph (A) identifies the victim by means of a pseudonym, as defined by Article 58.001, Code of Criminal Procedure, a copy of a pseudonym form completed and returned under Article 58.152(a) of that code. Amended by Acts 1985, 69th Leg., ch. (l) If an insurer compensates a landlord for a tenant's damages or unpaid rent under a valid claim: (1) the landlord may not seek or collect reimbursement from the tenant of the amounts that the insurer paid to the landlord; (2) the insurer that has paid a landlord after receipt of a claim filed by a landlord, if allowed by a subrogation clause in the insurance described by Subsection (e) and before the first anniversary of the termination of the tenant's occupancy, may seek reimbursement from the tenant of only the amounts paid to the landlord; and. (c) If the landlord retains all or part of a security deposit under this section, the landlord shall give to the tenant the balance of the security deposit, if any, together with a written description and itemized list of all deductions. 91.002 by Acts 1987, 70th Leg., ch. January 1, 2006. January 1, 2006. (b) If a dwelling unit was occupied as a residence before September 1, 2011, or a certificate of occupancy was issued for the dwelling unit before that date, a smoke alarm installed in accordance with Subsection (a) may be powered by battery and is not required to be interconnected with other smoke alarms, except that a smoke alarm that is installed to replace a smoke alarm that was in place on the date the dwelling unit was first occupied as a residence must comply with residential building code standards that applied to the dwelling unit on that date or Section 92.252(b). Sec. 92.051. Sept. 1, 1997. January 1, 2014. (k) The fee for filing a sworn complaint for restoration of utility service is the same as that for filing a civil action in justice court. (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. Acts 2005, 79th Leg., Ch. 1112, 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. Sec. 744, Sec. 1205, Sec. 257 (H.B. Acts 2015, 84th Leg., R.S., Ch. Sec. (j) This section does not affect a tenant's right to pursue a separate cause of action under Section 92.0081. 3, eff. 1, eff. 469 (H.B. (d) The tenant's notice under Subsection (a) must be in writing only if the tenant's lease is in writing and requires written notice. (b) Unless the condition was caused by normal wear and tear, the landlord does not have a duty during the lease term or a renewal or extension to repair or remedy a condition caused by: (2) a lawful occupant in the tenant's dwelling; (3) a member of the tenant's family; or. (1-a) "Application fee" means a nonrefundable sum of money that is given to the landlord to offset the costs of screening an applicant for acceptance as a tenant. (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. 92.106. Our rights and remedies under paragraphs 11 and 32 apply to acceleration under this paragraph. The reletting fee is typically 150% of one month's rent. (f) If the landlord fails to request a hearing on the tenant's sworn complaint for reentry before the eighth day after the date of service of the writ of reentry on the landlord under Subsection (d), a judgment for court costs may be rendered against the landlord.
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