534), Sec. 18 (S.B. 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. 92.004. Added by Acts 1989, 71st Leg., ch. (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. Sec. 1488), Sec. 1420, Sec. (5) court costs and attorney's fees, excluding any attorney's fees for a cause of action for damages relating to a personal injury. (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. LIABILITY OF TENANT FOR GOVERNMENTAL FINES. Venue for an action under this chapter is governed by Section 15.0115, Civil Practice and Remedies Code. A landlord and tenant may agree to the provisions of this subsection only if the agreement meets the requirements of Subdivision (4) of Subsection (e) of this section. 18, eff. Categories craigslist phoenix jobs general labor. 5, eff. (3) "Exterior door" means a door providing access from a dwelling interior to the exterior. 4, eff. Added by Acts 1995, 74th Leg., ch. Aug. 28, 1995; Acts 1995, 74th Leg., ch. (b) The landlord shall determine that the smoke alarm is in good working order at the beginning of the tenant's possession by testing the smoke alarm with smoke, by operating the testing button on the smoke alarm, or by following other recommended test procedures of the manufacturer for the particular model. (a) Except as provided in Subsection (b), a landlord is presumed to have given notice of an applicant's acceptance or rejection if the notice is by: (1) telephone to the applicant, co-applicant, or a person living with the applicant or co-applicant on or before the required date; or. Jan. 1, 1984. If another provision of this subchapter conflicts with this section, this section controls. (a) If, at the time of signing a lease or lease renewal, a tenant gives written notice to the tenant's landlord that the tenant does not occupy the leased premises as a primary residence and requests in writing that the landlord send notices to the tenant at the tenant's primary residence and provides to the landlord the address of the tenant's primary residence, the landlord shall mail to the tenant's primary residence: (3) all notices of rental increases at the end of the lease term; and. Sec. The notice must include a written description and itemized list of all damages, if any, and of unpaid rent, if any, including the dates the rent payments were due. 332, Sec. Sec. 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. Answered on 9/10/03, 6:42 pm. 12, eff. 3) You must continue paying rent each month on the first, until a replacement tenant is found and starts paying rent for you. LIABILITY OF CERTAIN GUARANTORS UNDER LEASE. 1, eff. The tenant has the burden of proving that the misuse or damage was caused by another party. Sec. 687, Sec. (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. 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. 4, eff. (4) a judgment against the tenant for reasonable attorney's fees. (c) Repealed by Acts 2009, 81st Leg., R.S., Ch. (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. 689, Sec. (a) If the owner's interest in the premises is terminated by sale, assignment, death, appointment of a receiver, bankruptcy, or otherwise, the new owner is liable for the return of security deposits according to this subchapter from the date title to the premises is acquired. 92.259. EMERGENCY PHONE NUMBER. (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. (3) that the guarantor is liable under a renewal of the lease only if the renewal: (A) involves the same parties as the original lease; and. If the landlord has already submitted to the insurer a claim for the voided indebtedness, the claim must be withdrawn. 92.205. (3) of the charges for each option described by Subdivision (1) or (2). Aug. 28, 1989. 1, eff. 917 (H.B. 1, eff. (b) If the landlord secures the replacement tenant, the landlord may retain and deduct from the security deposit or rent prepayment either: (1) a sum agreed to in the lease as a lease cancellation fee; or. Jan. 1, 1984. (a) A landlord is liable according to this subchapter if: (1) the landlord did not install a smoke alarm at the time of initial occupancy by the tenant as required by this subchapter or a municipal ordinance permitted by this subchapter; or. 1, eff. Sept. 1, 1993. Is subletting legal in North Carolina? January 1, 2016. (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. Added by Acts 1995, 74th Leg., ch. Cost of the early termination fee (typically 1-2 months or rent) The landlord will officially consider the lease terminated after receipt of the signed notice and early . Acts 2009, 81st Leg., R.S., Ch. The writ of restoration of utility service must notify the landlord of the right to a hearing. 2, eff. CASUALTY LOSS. 11, eff. (b) A landlord is not required to provide the notice under Subsection (a) if the tenant has not given the landlord the tenant's forwarding address as provided by Section 92.107. 9, eff. Jan. 1, 1984. Jan. 1, 1984. (2) after the tenant moves out the landlord will either immediately demolish the rental unit or no longer use the unit for residential purposes. Aug. 28, 1989. (b) A landlord may not, within six months after the date of the tenant's action under Subsection (a), retaliate against the tenant by: (1) filing an eviction proceeding, except for the grounds stated by Section 92.332; (2) depriving the tenant of the use of the premises, except for reasons authorized by law; (4) increasing the tenant's rent or terminating the tenant's lease; or. 92.019 Late Payment of Rent; Fees (a) A landlord may not collect from a tenant a late fee for failing to pay any portion of the tenant's rent unless: (1) notice of the fee is included in a written lease; (2) the fee is reasonable; and (3) Sec. 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. Added by Acts 2009, 81st Leg., R.S., Ch. 92.0162. CESSATION OF OWNER'S INTEREST. 3101), Sec. 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. January 1, 2020. Added by Acts 1989, 71st Leg., ch. (d-1) The notice in Subsection (d)(2) must be in a separate document furnished to the tenant after the landlord has discovered that the tenant has disconnected or damaged the smoke alarm or removed a battery from it. Re: Reletting Fee. 92.107. Added by Acts 2013, 83rd Leg., R.S., Ch. Acts 1983, 68th Leg., p. 3649, ch. 1862), Sec. 5, eff. 17.001(b), eff. (a) A landlord's duty or a tenant's remedy concerning security deposits, security devices, the landlord's disclosure of ownership and management, or utility cutoffs, as provided by Subchapter C, D, E, or G, respectively, may not be waived. 1, 3, eff. Need actual paragraphs is Property Code 92 (?) 576, Sec. 31.01(71), eff. (a) In a lawsuit by a tenant under either a written or oral lease for a dwelling or in a suit to enforce a legal obligation of the owner as landlord of the dwelling, the owner's agent for service of process is determined according to this section. 917 (H.B. (b) A tenant may terminate the tenant's rights and obligations under a lease and may vacate the dwelling and avoid liability for future rent and any other sums due under the lease for terminating the lease and vacating the dwelling before the end of the lease term if the tenant complies with Subsection (c). 92.017. Sept. 1, 1999. (f) If the landlord fails to request a hearing on the tenant's sworn complaint for restoration of utility service before the eighth day after the date of service of the writ of restoration of utility service on the landlord under Subsection (d), a judgment for court costs may be rendered against the landlord. 3, eff. Acts 1983, 68th Leg., p. 3649, ch. These expenses cover marketing and qualifying new tenants. Acts 2007, 80th Leg., R.S., Ch. Tweet Twitter . Added by Acts 1995, 74th Leg., ch. 2, eff. 576, Sec. 1) Negotiate with your landlord Sec. 1, eff. The landlord's duty of inspection and repair of smoke alarms under Subchapter F may be waived only by written agreement. LANDLORD'S DUTY TO PROVIDE COPY OF LEASE. Jan. 1, 1996. (h) A fee collected under this section is not a security deposit for purposes of this chapter if: (1) an agreement was signed under Subsection (c); and. (d) If the landlord closes the rental unit after the tenant gives the landlord a notice to repair and the tenant moves out on or before the end of the rental term, the landlord must pay the tenant's actual and reasonable moving expenses, refund a pro rata portion of the tenant's rent from the date the tenant moves out, and, if otherwise required by law, return the tenant's security deposit. 10, eff. Sec. January 1, 2010. A fee may not be applied to a deferred payment plan entered into under this section. Amended by Acts 1995, 74th Leg., ch. Sec. (2) may not be effective before the 14th day after the date notice of the change is delivered to the tenant, unless the change is the result of a construction or utility emergency. 92.056. (c) A keyed dead bolt or keyless dead bolt, as described by Section 92.151(6)(A), installed in a dwelling on or after September 1, 1993, must have a bolt with a throw of not less than one inch. June 19, 2009. (2) increasing rent or reducing services as part of a pattern of rent increases or service reductions for an entire multidwelling project. (A) a door lock not in the doorknob that: (i) locks with a bolt into the doorjamb; and, (ii) is operated from the exterior by a key, card, or combination and from the interior by a knob or lever without a key, card, or combination; or. (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.
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