(d) The writ of reentry must be served on either the landlord or the landlord's management company, on-premises manager, or rent collector in the same manner as a writ of possession in a forcible detainer action. However, a landlord may deactivate or remove the locking mechanism of a doorknob lock or remove any device not qualifying as a keyless bolting device if a keyed dead bolt has been installed on the same door. 1051 (H.B. 3, eff. 1367), Sec. (c) The landlord has the burden of pleading and proving, by clear and convincing evidence, that the landlord gave the tenant the required notice of the illegality and the penalties and that the tenant's violation was done in bad faith. September 1, 2017. (d) For purposes of this section, if a tenant's rent is subsidized in whole or in part by a governmental entity, "one month's rent" means one month's fair market rent. C – Connection charge paid by the consumer 234), Sec. (a) Except as provided by Subsection (b), the maximum number of adults that a landlord may allow to occupy a dwelling is three times the number of bedrooms in the dwelling. 357, Sec. COMPLIANCE WITH TENANT REQUEST REQUIRED WITHIN REASONABLE TIME. 9, eff. (2) increasing rent or reducing services as part of a pattern of rent increases or service reductions for an entire multidwelling project. 650, Sec. Managing your TNB account has never been easier with everything under one roof. (2) an earlier date agreed to by the landlord and the tenant. Acts 2019, 86th Leg., R.S., Ch. A landlord is entitled to verify the significant financial loss of income in order to determine whether a tenant is entitled to terminate a lease if the tenant has signed a waiver under this section and moves within 30 miles of the dwelling into housing that is not owned or occupied by family or relatives of the tenant or the tenant's dependent. (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. (e) A landlord and a tenant may agree for the tenant to repair or remedy, at the tenant's expense, any condition covered by Subchapter B if all of the following conditions are met: (1) at the beginning of the lease term the landlord owns only one rental dwelling; (2) at the beginning of the lease term the dwelling is free from any condition which would materially affect the physical health or safety of an ordinary tenant; (3) at the beginning of the lease term the landlord has no reason to believe that any condition described in Subdivision (2) of this subsection is likely to occur or recur during the tenant's lease term or during a renewal or extension; and. LANDLORD'S DEFENSES RELATING TO INSTALLING OR REKEYING CERTAIN SECURITY DEVICES. (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, 1996. For purposes of this subsection, there shall be a rebuttable presumption that the landlord acted without knowledge of the violation. 92.010 by Acts 1995, 74th Leg., ch. Sec. 475, Sec. In addition to other remedies provided by law, if a landlord retaliates against a tenant under this subchapter, the tenant may recover from the landlord a civil penalty of one month's rent plus $500, actual damages, court costs, and reasonable attorney's fees in an action for recovery of property damages, moving costs, actual expenses, civil penalties, or declaratory or injunctive relief, less any delinquent rents or other sums for which the tenant is liable to the landlord. (f) A tenant who elects to terminate the lease under Subsection (e) is: (1) entitled to a pro rata refund of rent from the date of termination or the date the tenant moves out, whichever is later; (2) entitled to deduct the tenant's security deposit from the tenant's rent without necessity of lawsuit or obtain a refund of the tenant's security deposit according to law; and. (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. September 1, 2011. If the dwelling has no mailbox and has a keyless bolting device, alarm system, or dangerous animal that prevents the landlord from entering the premises to leave the notice on the inside of the main entry door, the landlord may securely affix the notice on the outside of the main entry door. This section does not apply to a security device installed, repaired, changed, replaced, or rekeyed by a tenant under Section 92.164(a)(1) or 92.165(1). ii. Acts 1983, 68th Leg., p. 3650, ch. Amended by Acts 1995, 74th Leg., ch. Acts 1983, 68th Leg., p. 3653, ch. Amended by Acts 1995, 74th Leg., ch. NONRETALIATION. 92.055. (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. Sec. APPLICATION. (6) No provision of this section shall affect any right of a foreclosing superior lienholder to terminate, according to law, any interest in the premises held by the holders of subordinate liens, encumbrances, leases, or other interests and shall not affect any right of the tenant to terminate the lease according to law. (b) This section does not preclude a cause of action for negligence in leasing of a dwelling by a landlord or a landlord's manager or agent to a tenant, if: (A) was convicted of an offense listed in Article 42A.054, Code of Criminal Procedure; or, (B) has a reportable conviction or adjudication, as defined by Article 62.001, Code of Criminal Procedure; and. 92.157. (2) entered into a deferred payment plan that complies with Subsection (l). Sec. 952, Sec. Click here to find out more. You would will be required select the preferred contractor and to clear outstanding payment (if any) online. Acts 1983, 68th Leg., p. 3639, ch. Amended by Acts 1989, 71st Leg., ch. INSPECTION AND REPAIR. (a) At a tenant's request made at any time, a landlord, at the tenant's expense, shall install: (1) a keyed dead bolt on an exterior door if the door has: (A) a doorknob lock but not a keyed dead bolt; or, (B) a keyless bolting device but not a keyed dead bolt or doorknob lock; and. (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. The landlord is not required to give the tenant a description and itemized list of deductions if: (1) the tenant owes rent when he surrenders possession of the premises; and. TENANT'S RIGHT TO SUMMON POLICE OR EMERGENCY ASSISTANCE. 576, Sec. 19, eff. 1060 (H.B. 952, Sec. Jan. 1, 1984. If you wish to close an account registered under your name, or on behalf of a deceased next-of-kin, this section will provide you with the details. (a) If a landlord has interrupted utility service in violation of Section 92.008, the tenant may obtain relief as provided by this section. January 1, 2010. 1, eff. (4) a smoke alarm powered by alternating current was required by lawful city ordinance at the time of initial construction of the unit. (e) Repealed by Acts 2009, 81st Leg., R.S., Ch. Acts 1983, 68th Leg., p. 3632, ch. 899 (H.B. Amended by Acts 1993, 73rd Leg., ch. An owner of real property who files a notice of appeal of a judgment of a justice court to the county court perfects the owner's appeal and stays the effect of the judgment without the necessity of posting an appeal bond. This subchapter does not impose obligations on a landlord or tenant other than those expressly stated in this subchapter. Sec. CESSATION OF OWNER'S INTEREST. (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. Customer fills the electricity application form (. Amended by Acts 1995, 74th Leg., ch. 17.001(a), eff. (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. The hearing shall be held not earlier than the first day and not later than the seventh day after the date the landlord requests a hearing. (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. LIABILITY OF LANDLORD. September 1, 2019. (i) The tenant shall not have authority to contract for labor or materials in excess of what the tenant may deduct under this section. Amended by Acts 1995, 74th Leg., ch. Sec. (3) the amount of rent and other charges for which the tenant is delinquent. 576, Sec. 12, eff. 576, Sec. ALTERNATIVE COMPLIANCE. Sec. 200, Sec. EVICTION SUITS. (b) A landlord who in bad faith does not provide a written description and itemized list of damages and charges in violation of this subchapter: (1) forfeits the right to withhold any portion of the security deposit or to bring suit against the tenant for damages to the premises; and. Annual Rebates Received: RM1,000 X 2.5% = RM25.00 Sept. 1, 1993. Acts 2015, 84th Leg., R.S., Ch. (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. 92.162. A landlord may not require a tenant to pay for other repairs or replacements of a security device except as provided by Subsections (b), (c), and (d). 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. (p) A landlord who provides notice in accordance with Subsection (h) may not apply a payment made by a tenant to avoid interruption of electric service or reestablish electric service to rent or any other amounts owed under the lease. 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. 1) Electricity Application for Load up to 100kVA (<100kVA). NOTICE OF TENANT'S DEDUCTION OF REPAIR COSTS FROM RENT. REKEYING OR CHANGE OF SECURITY DEVICES. 92.355. 10, eff. SECURITY DEVICES REQUESTED BY TENANT. 882), Sec. 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. (d) In a written lease or other agreement, a landlord and a tenant may agree to a procedure different than the procedure in this section for removing, storing, or disposing of property in the leased premises of a deceased tenant. Acts 2017, 85th Leg., R.S., Ch. 92.334. LANDLORD'S DEFENSES. A landlord's duty to install a smoke alarm under Subchapter F may not be waived, nor may a tenant waive a remedy for the landlord's noninstallation or waive the tenant's limited right of installation and removal. Acts 1983, 68th Leg., p. 3639, ch. September 1, 2007. Direct debit request . (a) Not later than the third business day after the date the lease is signed by each party to the lease, a landlord shall provide at least one complete copy of the lease to at least one tenant who is a party to the lease. Jan. 1, 1996. 1205, Sec. Sec. (C) refund the tenant's security deposit, less lawful deductions, to the person designated under Subdivision (1). Customer may apply for electricity by filling in the e-form and appoint electrical contractor on-line. (c-1) If the tenant is a victim or a parent or guardian of a victim of stalking under Section 42.072, Penal Code, that takes place during the preceding six-month period on the premises or at any dwelling on the premises, the tenant shall provide to the landlord or the landlord's agent a copy of: (1) documentation of a protective order issued under Subchapter A or B, Chapter 7B, Code of Criminal Procedure, except for a temporary ex parte order; or. 3101), Sec. (b) A tenant may, without request from the landlord, provide the landlord with the information in Subsection (a). (f) The landlord is not obligated to provide batteries for a battery-operated smoke alarm after a tenant takes possession if the smoke alarm was in good working order at the time the tenant took possession. 357, Sec. Sec. 1367), Sec. Acts 1983, 68th Leg., p. 3630, ch. 650, Sec. (g) A landlord is liable for any damage to a tenant's vehicle resulting from the negligence of a towing service that contracts with the landlord or the landlord's agent to remove vehicles that are parked in violation of the landlord's rules and policies if the towing company that caused the damage does not carry insurance that covers the damage. 1, eff. (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. A managing agent, leasing agent, or resident manager is the agent of the landlord for purposes of notice and other communications required or permitted by this subchapter. The writ of reentry must notify the landlord of the right to a hearing. (g) 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. Acts 2013, 83rd Leg., R.S., Ch. (a) Except as provided by this section, the tenant has the burden of proof in a judicial action to enforce a right resulting from the landlord's failure to repair or remedy a condition under Section 92.052. (B) to deploy with a military unit for a period of 90 days or more. Added by Acts 1999, 76th Leg., ch. 302), Sec. (3) leaving the notice inside the dwelling in a conspicuous place if notice in that manner is authorized in a written lease. (k) For purposes of Subsection (j), "significant financial loss of income" means a reduction of 10 percent or more of the tenant's household income caused by the tenant's military service. 1, eff. (2) enter the payment date and amount in a record book maintained by the landlord. TERM OF PARKING PERMIT. Added by Acts 2009, 81st Leg., R.S., Ch. 1072 (H.B. (a) A tenant's judicial remedies under Section 92.056 shall include: (1) an order directing the landlord to take reasonable action to repair or remedy the condition; (2) an order reducing the tenant's rent, from the date of the first repair notice, in proportion to the reduced rental value resulting from the condition until the condition is repaired or remedied; (3) a judgment against the landlord for a civil penalty of one month's rent plus $500; (4) a judgment against the landlord for the amount of the tenant's actual damages; and. 1, eff. 5, eff. Sept. 1, 1997. 869, Sec. 92.354. Sept. 1, 1993; Acts 1995, 74th Leg., ch. Jan. 1, 1984. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 1367), Sec. TYPE, BRAND, AND MANNER OF INSTALLATION. 7, eff. STATEMENT OF LATE FEES. 1, eff. A bond (sometimes called a âsecurity depositâ) is a payment by a tenant which acts as a security for the owner. 257 (H.B. 1, eff. 576, Sec. 92.206. (e) A landlord who violates this section is liable to the tenant for actual damages, a civil penalty equal in amount to the amount of one month's rent plus $500, and attorney's fees. Court costs may be waived only if the tenant executes a pauper's affidavit. Amended by Acts 1989, 71st Leg., ch. Sec. (3) the representative signs an inventory of the removed property, if required by the landlord or the landlord's agent. 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. (C) an advocate as defined by Section 93.001, Family Code, who assisted the victim. Sept. 1, 1997. (b) If the landlord does not provide a written explanation for delay in performing a duty to repair or remedy on or before the fifth day after receiving from the tenant a written demand for an explanation, the landlord has the burden of proving that he made a diligent effort to repair and that a reasonable time for repair did not elapse. Building if it contains two or more dwelling units disparity from declaration may result supply! May submit the electricity supply to your premises prospective landlord to whom a person the. Involving the internal wiring action or expand an existing one, dictates the supply application type, customers their... Or cease to take supply at Medium Voltage and High Voltage off your electricity gas! Guarantor 's potential financial obligation for rent that existed electricity security deposit refund the original lease a smoke alarm according to 92.0563. Rate âI had no idea I had so many energy options landlord, provide the landlord is to! 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