texas property code reletting fee

texas property code reletting fee

Aug. 28, 1989. 92.0562. Over 58 years of experience Guaranteed prices - the price we quote is the price you pay! 2, eff. 1112 (H.B. A landlord who violates this section shall be liable to the tenant for all judicial remedies under Section 92.0563 except that the civil penalty under Subdivision (3) of Subsection (a) of Section 92.0563 shall be one month's rent plus $1,000. 92.058. (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. 1112, Sec. 1, eff. 324 (S.B. 2, eff. If the tenant's rent payment to the landlord is subsidized in whole or in part by a governmental entity, the civil penalty granted under this section shall reflect the fair market rent of the dwelling plus $500. Sec. Sept. 1, 1993. 3, eff. January 1, 2008. 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. Acts 2015, 84th Leg., R.S., Ch. (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. Otherwise, the clerk assesses a penalty of $25 or twice the amount of the normal recording fee, whichever is greater (Texas Property Code, Section 11.003).U pon . 576, Sec. 2, eff. (e) The landlord is entitled to a hearing on the tenant's sworn complaint for restoration of utility service. Sec. If you break the lease, you are responsible for the re-letting fee plus rent until the apartment is re-let. A request by a government official or employee for information must be in writing. (2) all other exterior doors have a keyless bolting device installed in accordance with the height, strike plate, and throw requirements of Section 92.154. Jan. 1, 1984. texas property code reletting fee; Posted on June 29, 2022; By . 1414), Sec. LIABILITY OF CERTAIN GUARANTORS UNDER LEASE. 15, eff. Charging a reletting (early termination) fee by Anonymous (Texas) on May 13, 2014 @14:19 Share | Is it legal (or common practice) to charge a reletting fee if: a) the tenant gave a few months' notice and b) the new tenant moved in the same day the previous tenant moved out and c) the new tenant was found with no financial cost to the landlord? Reletting fees are allowed under Texas state law, but they can't be so high they would be considered excessive by a judge. 2, eff. 92.053. Acts 1983, 68th Leg., p. 3639, ch. (d) The requirements of this section do not apply to a keyed dead bolt or a keyless bolting device in one door of a pair of French doors that is installed in accordance with the requirements of Section 92.153(b)(1) or (2). 576, Sec. January 1, 2008. 1099), Sec. 1, eff. Added by Acts 1995, 74th Leg., ch. 92.152. Acts 1983, 68th Leg., p. 3653, ch. Added by Acts 1993, 73rd Leg., ch. (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. 869, Sec. 4, eff. LATE PAYMENT OF RENT; FEES. Amended by Acts 1989, 71st Leg., ch. 1112 (H.B. 869, Sec. September 1, 2011. Added by Acts 2005, 79th Leg., Ch. Jan. 1, 1996. 1367), Sec. (c-2) Notwithstanding Subsection (c-1), a municipal housing authority located in a municipality that has a population of more than 500,000 and is not more than 50 miles from an international border, or a public facility corporation, affiliate, or subsidiary of the authority, may require that vehicles parked in a community of the authority, corporation, affiliate, or subsidiary be registered with the housing authority. Renumbered from Property Code Sec. 576, Sec. 12, eff. Aug. 26, 1985. (c) A tenant is not liable for damages suffered by the landlord if the damage is caused by the landlord's failure to repair the smoke alarm within a reasonable time after the tenant requests it to be repaired, considering the availability of material, labor, and utilities. Amended by Acts 1989, 71st Leg., ch. 177), Sec. (3) "Lease" means any written or oral agreement between a landlord and tenant that establishes or modifies the terms, conditions, rules, or other provisions regarding the use and occupancy of a dwelling. There is always an early . 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. 1002), 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. (g) If the landlord is liable to the tenant under Section 92.056 and if a new landlord, in good faith and without knowledge of the tenant's notice of intent to repair, has acquired title to the tenant's dwelling by foreclosure, deed in lieu of foreclosure, or general warranty deed in a bona fide purchase, then the following shall apply: (1) The tenant's right to terminate the lease under this subchapter shall not be affected, and the tenant shall have no duty to give additional notice to the new landlord. (b) If the tenant's lease is in writing, the lease may require the tenant's initial request for information to be written. 3101), Sec. Added by Acts 2005, 79th Leg., Ch. Added by Acts 2003, 78th Leg., ch. (b) The tenant's deduction for the cost of the repair or remedy may not exceed the amount of one month's rent under the lease or $500, whichever is greater. 92.354. Sec. 1, eff. (m) This section does not affect the rights of a landlord or tenant in a forcible detainer or forcible entry and detainer action. Added by Acts 2019, 86th Leg., R.S., Ch. 576, Sec. If the tenant's rent payment to the landlord is subsidized in whole or in part by a governmental entity, the civil penalty granted under this section shall reflect the fair market rent of the dwelling plus $500. a new child or a job transfer) that requires you to find new housing. Added by Acts 2019, 86th Leg., R.S., Ch. September 1, 2019. 11, eff. A landlord's failure to respond does not affect the tenant's liability for any late fee owed to the landlord. The reconnection fee must be computed based on the average cost to the landlord for the expenses associated with the reconnection, but may not exceed $10. (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. (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. Termination of a lease under this subsection is effective when the tenant surrenders possession of the dwelling. 92.003. Sec. NOTICE FOR DWELLING LOCATED IN FLOODPLAIN. 918, Sec. Sept. 1, 1989. 1198 (S.B. (2) may not terminate or suspend the permit until the date the tenant's right of possession ends. Jan. 1, 1996. LIABILITY FOR WITHHOLDING LAST MONTH'S RENT. (f) Except as provided by Subsection (g), this section does not affect a tenant's liability for delinquent, unpaid rent or other sums owed to the landlord before the lease was terminated by the tenant under this section. 1, eff. (3) leaving the notice inside the dwelling in a conspicuous place if notice in that manner is authorized in a written lease. Sec. My daughter left her off-campus housing in March due to "Shelter in place" and we've been paying rent fo. September 1, 2019. (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. 92.160. LIABILITY OF LANDLORD. A provision of a rental application that purports to waive a right or exempt a party from a liability or duty under this subchapter is void. 7.002(o), eff. Sec. Jan. 1, 1984. (b) If the tenant gives notice under Subsection (a)(2) and the tenant's lease is in writing, the lease may require the tenant to make the initial request for installation, inspection, or repair of a smoke alarm in writing. Oral notices of change are insufficient. Unfortunately, many tenants are unaware of this law and do not receive a proper refund of their deposit. Aug. 28, 1989. Added by Acts 2009, 81st Leg., R.S., Ch. Sec. 12, eff. APPLICATION. (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. Acts 2015, 84th Leg., R.S., Ch. POSSESSION OF FIREARMS OR FIREARM AMMUNITION ON LEASED PREMISES. 869, Sec. 1072 (H.B. (d) If a landlord changes the vehicle towing or parking rules or policies during the term of the lease agreement, the landlord shall provide written notice of the change to the tenant before the tenant is required to comply with the rule or policy change. 92.158 and amended 2001, 77th Leg., ch. Sept. 1, 2001. Jan. 1, 1984. 576, Sec. Texas Property Code as it applies to landlord and tenant arrangements. Acts 1983, 68th Leg., p. 3630, ch. A tenant may make an unlimited number of requests under this subsection. 630), Sec. Acts 1983, 68th Leg., p. 3634, ch. 1, eff. (d) The acknowledgment may be part of the rental application if the notice is underlined or in bold print. For purposes of this subsection, a pay stub or other statement of earnings issued by the tenant's employer is sufficient verification. January 1, 2016. This subchapter applies to a lease executed, entered into, renewed, or extended on or after September 1, 1979.

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