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The affidavit must state facts showing that the landlord has made and is making diligent efforts to repair the condition, and it must contain dates, names, addresses, and telephone numbers of contractors, suppliers, and repairmen contacted by the owner. (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. (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. 1, eff. Sept. 1, 1995. Sept. 1, 1997. (e) If a tenant is liable under Subsection (a) and the tenant does not comply with the landlord's notice under Subsection (d), the landlord shall have the following remedies against the tenant: (1) a court order directing the tenant to comply with the landlord's notice; (2) a judgment against the tenant for a civil penalty of one month's rent plus $100; (3) a judgment against the tenant for court costs; and. 3, eff. Jan. 1, 1984. (c) If a landlord does not provide the tenant the notice as required by this section, the landlord forfeits the right to collect damages and charges from the tenant. 593 (S.B. (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. Sept. 1, 1993; Acts 1999, 76th Leg., ch. September 1, 2011. A sheriff or constable may use reasonable force in executing a writ of reentry under this section. 1, eff. Acts 2021, 87th Leg., R.S., Ch. (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. Sec. Sec. (5) unilateral termination of the lease without a court proceeding. (3) a delay was caused by circumstances beyond the landlord's control, including the illness or death of the landlord or a member of the landlord's immediate family. 6, eff. 576, Sec. 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.". 1. Your written termination notice must include payment of the reletting fee listed in paragraph 28 of your lease agreement. Acts 1983, 68th Leg., p. 3634, ch. (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. Acts 2015, 84th Leg., R.S., Ch. Sec. Jan. 1, 1984. 918, Sec. 475, Sec. The landlord shall keep accurate records of all security deposits. Added by Acts 2015, 84th Leg., R.S., Ch. (2) the date on which all of the conditions in Subsection (a) have been met. REKEYING OR CHANGE OF SECURITY DEVICES. (d) Repairs under this section may be made only if all of the following requirements are met: (1) The landlord has a duty to repair or remedy the condition under Section 92.052, and the duty has not been waived in a written lease by the tenant under Subsection (e) or (f) of Section 92.006. Acts 1983, 68th Leg., p. 3638, ch. Reletting is your best bet if you have a special circumstance (i.e. 1, eff. Sept. 1, 1993. Acts 2013, 83rd Leg., R.S., Ch. (C) explaining the remedies available to the tenant for the landlord's failure to comply. The notice shall also contain a reasonable description of the intended repair or remedy. 92.102. (d) A landlord of a tenant who is liable under Subsection (a) may obtain or exercise one or more of the remedies in Subsection (e) if: (1) a lease between the landlord and tenant contains a notice, in underlined or boldfaced print, which states in substance that the tenant must not disconnect or intentionally damage a smoke alarm or remove the battery without immediately replacing it with a working battery and that the tenant may be subject to damages, civil penalties, and attorney's fees under Section 92.2611 of the Property Code for not complying with the notice; and. (2) "Flooding" means a general or temporary condition of partial or complete inundation of a dwelling caused by: (A) the overflow of inland or tidal waters; (B) the unusual and rapid accumulation of runoff or surface waters from any established water source such as a river, stream, or drainage ditch; or. Acts 2015, 84th Leg., R.S., Ch. (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. 3, eff. Code 92.019 (2023).) 1, eff. 1186), Sec. 8, eff. (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. 3167), Sec. (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. A request by a government official or employee for information must be in writing. Amended by Acts 1993, 73rd Leg., ch. 744, Sec. Sec. WAIVER. Added by Acts 1989, 71st Leg., ch. Aug. 28, 1989; Acts 1997, 75th Leg., ch. Aug. 31, 1987. EFFECT ON OTHER LANDLORD DUTIES AND TENANT REMEDIES. (d) A fee in lieu of a security deposit must be: (1) a recurring fee of equivalent amount; and. (B) a doorknob lock that contains a bolt with at least a one-inch throw. 650, Sec. 1, eff. (Tex. (4) the landlord, at the same time the service is interrupted, hand delivers or places on the tenant's front door a written notice that: (A) prominently displays the words "electricity termination notice" or similar language underlined or in bold; and. 92.0091. 92.208. January 1, 2016. Jan. 1, 1996. June 20, 2003. My daughter left her off-campus housing in March due to "Shelter in place" and we've been paying rent fo. Sec. (B) to deploy with a military unit for a period of 90 days or more. 7, eff. 744, Sec. 53.156 Costs and Attorney's Fees 1, eff. Acts 1983, 68th Leg., p. 3640, ch. (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 92.258. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING FAMILY VIOLENCE. NOTICE FOR TERMINATING CERTAIN TENANCIES. The current agreement is ending on 1 June 2021, but the tenant has purchased a property and wants to vacate on 1 May 2021. (b) The affidavit must summarize the reasons for the delay and the diligent efforts made by the landlord up to the date of the affidavit to get the repairs done. (b) A provision in a lease is void if the provision purports to: (1) waive a 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. (a) If the landlord is liable to the tenant under Section 92.056(b), the tenant may have the condition repaired or remedied and may deduct the cost from a subsequent rent payment as provided in this section. Sec. 650, Sec. (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. Acts 1983, 68th Leg., p. 3632, ch. Sec. 869, Sec. 48, Sec. ALTERNATIVE COMPLIANCE. (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. (3) of the charges for each option described by Subdivision (1) or (2). 826, Sec. 1168), Sec. January 1, 2010. 1198 (S.B. Renumbered from Property Code, Section 92.016 by Acts 2007, 80th Leg., R.S., Ch. January 1, 2016. Texas Property Code as it applies to landlord and tenant arrangements. Jan. 1, 1984. 92.026. 576, Sec. 1, 3, eff. (a) A landlord has a defense to liability under Section 92.165 if 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 this subchapter. 576, Sec. Venue for an action under this chapter is governed by Section 15.0115, Civil Practice and Remedies Code. A landlord who issues a parking permit to a tenant: (1) must issue the permit for a term that is coterminous with the tenant's lease term; and. Jan. 1, 1984. 3, eff. Added by Acts 1995, 74th Leg., ch. (2) at the time the tenant receives such evidence, the tenant has not yet terminated the lease or filed suit under this section. (C) the landlord, prior to the date of discarding the property, has not been contacted by anyone claiming the property. Jan. 1, 1984. 92.056. 92.1031. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. (2) exempt any party from a liability or a duty under this section. Sec. (b) A landlord shall provide to a tenant a written notice substantially equivalent to the following: "(Landlord) ( ) is or ( ) is not aware that the dwelling you are renting is located in a 100-year floodplain. Acts 2009, 81st Leg., R.S., Ch. 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 notice and other communications required or permitted by this subchapter. 337 (H.B. January 1, 2008. Amended by Acts 1995, 74th Leg., ch. LANDLORD'S AGENT FOR SERVICE OF PROCESS. 576, Sec. Sec. 689, Sec. (c) Regardless of whether the lease contains language complying with the requirements of Subsection (b), the additional time for landlord compliance provided by Subsection (b) does not apply if at the time the tenant served the written request for compliance on the landlord the tenant informed the landlord that an unauthorized entry occurred or was attempted in the tenant's dwelling, an unauthorized entry occurred or was attempted in another unit in the multiunit complex in which the tenant's dwelling is located during the two months preceding the date of the request, or a crime of personal violence occurred in the multiunit complex in which the tenant's dwelling is located during the two months preceding the date of the request, unless despite the diligence of the landlord: Sec. (c) A reasonable time for purposes of Subsections (a) and (b) is presumed to be not later than 72 hours after the time of receipt of the tenant's request and any required advance payment if at the time of making the request the tenant informed the landlord that: (1) an unauthorized entry occurred or was attempted in the tenant's dwelling; (2) an unauthorized entry occurred or was attempted in another unit in the multiunit complex in which the tenant's dwelling is located during the two months preceding the date of the request; or. 1, eff. (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. Amended by Acts 1989, 71st Leg., ch. We will always provide free access to the current law. 1371), Sec. Acts 1983, 68th Leg., p. 3637, ch. If your tenant leaves early and you have found a new tenant, the previous tenant is not obliged to pay for the remainder of the rent. Sec. 588 (S.B. Jan. 1, 1984. 2, eff. Sec. Sec. A repair bill and receipt may be the same document. 92.159. RECORDS. Acts 2015, 84th Leg., R.S., Ch. (3) "Exterior door" means a door providing access from a dwelling interior to the exterior. (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. 3, eff. (g) A party may appeal from the court's judgment at the hearing on the sworn complaint for reentry in the same manner as a party may appeal a judgment in a forcible detainer suit. 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. 1, Sept. 1, 1995. 1, eff. (c) 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) a judge signs an order described by Subsection (b-1)(1) if the tenant obtained such an order; (2) the tenant provides a copy of the relevant documentation described by Subsection (b-1)(1) or (2), as applicable, to the landlord; (3) 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; (4) the 30th day after the date the tenant provided notice under Subdivision (3) expires; and. (k) A landlord may not change the locks on the door of a tenant's dwelling under Subsection (b)(3): (1) when the tenant or any other legal occupant is in the dwelling; or. A fee may not be applied to a deferred payment plan entered into under this section. (d) The acknowledgment may be part of the rental application if the notice is underlined or in bold print. 1420, Sec. The device must be: (A) a clear glass pane or one-way mirror; or. (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. 7, eff. 650, Sec. (5) the landlord may discard the property removed by the landlord from the tenant's leased premises if: (A) the landlord has mailed a written request by certified mail, return receipt requested, to the person designated under Subsection (a) or (b), requesting that the property be removed; (B) the person failed to remove the property by the 30th day after the postmark date of the notice; and. (13) "Sliding door pin lock" means a lock on a sliding glass door that consists of a pin or nail inserted from the interior side of the door at the side opposite the door's handle and that is designed to prevent the door from being opened or lifted. (f) Repairs made pursuant to the tenant's notice must be made by a company, contractor, or repairman listed in the yellow or business pages of the telephone directory or in the classified advertising section of a newspaper of the local city, county, or adjacent county at the time of the tenant's notice of intent to repair. Jan. 1, 1984. 1, eff. January 1, 2010. (e) If the landlord rejects an applicant and the landlord has not made the notice required by Subsection (a) available, the landlord shall return the application fee and any application deposit. 1, eff. 1715), Sec. The reletting . 576, Sec. (a) A landlord who in bad faith retains a security deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees in a suit to recover the deposit. 7, 2021). 92.253. 588 (S.B. June 19, 2009. 1002), Sec. Jan. 1, 1984. Sept. 1, 1993. NOTICE TO TENANT AT PRIMARY RESIDENCE. 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.

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