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. Aug. 31, 1987. 1, eff. They must notify the landlord in writing of their wish to have the smoke alarm installed or repaired before doing so. 917 (H.B. 952, Sec. 7, 2021). NOTICE OF RULE OR POLICY CHANGE AFFECTING TENANT'S PERSONAL PROPERTY. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. There is always an early . 1, eff. Mark as helpful. SUBCHAPTER F. SMOKE ALARMS AND FIRE EXTINGUISHERS. (c) If a landlord or a landlord's agent changes the door lock of a tenant who is delinquent in paying rent, the landlord or the landlord's agent must place a written notice on the tenant's front door stating: (1) an on-site location where the tenant may go 24 hours a day to obtain the new key or a telephone number that is answered 24 hours a day that the tenant may call to have a key delivered within two hours after calling the number; (2) the fact that the landlord must provide the new key to the tenant at any hour, regardless of whether or not the tenant pays any of the delinquent rent; and. 1, 3, eff. Renumbered from Sec. Sec. Renumbered from Property Code, Section 92.016 by Acts 2007, 80th Leg., R.S., Ch. Acts 1983, 68th Leg., p. 3640, ch. (j) A person who receives information under Subsection (c), (c-1), or (d) may not disclose the information to any other person except for a legitimate or customary business purpose or as otherwise required by law. 1, eff. (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. NOTICE OF TENANT'S DEDUCTION OF REPAIR COSTS FROM RENT. (2) a door viewer if the door does not have a door viewer. LEASE TERM AFTER NATURAL DISASTER. Amended by Acts 1995, 74th Leg., ch. 882), Sec. Aug. 28, 1989. However, this subchapter does not: (1) affect a local ordinance adopted before September 1, 1981, that requires landlords to install smoke alarms in new or remodeled dwelling units before September 1, 1981, if the ordinance conforms with or is amended to conform with this subchapter; (2) limit or prevent adoption or enforcement of a local ordinance relating to fire safety as a part of a building, fire, or housing code, including any requirements relating to the installation of smoke alarms or the type of smoke alarms; (3) otherwise limit or prevent the adoption of a local ordinance that conforms to this subchapter but which contains additional enforcement provisions, except as provided by Subsection (b); or. 16, eff. The fee for service of a writ of restoration of utility service is the same as that for service of a writ of possession. Amended by Acts 1993, 73rd Leg., ch. 221 (H.B. (d) The writ of restoration of utility service 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 suit. Sec. Jan. 1, 1984. (c) A notice to a tenant's primary residence under Subsection (a) may be sent by regular United States mail and shall be considered as having been given on the date of postmark of the notice. The landlord has a duty to mitigate its damages and try to re-let the apartment but this can be difficult to enforce. 475 (S.B. (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. Acts 2015, 84th Leg., R.S., 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. (i) The tenant shall not have authority to contract for labor or materials in excess of what the tenant may deduct under this section. Certain Private Transfer Fee Obligations Void Current as of April 14, 2021 | Updated by FindLaw Staff Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. (c) A smoke alarm may be located other than as required by Subsection (a) or (b) if a local ordinance or a local or state fire marshal approves. (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. September 1, 2011. Aug. 28, 1989. 3101), Sec. 92.062. (m) A landlord may not interrupt or cause the interruption of electric service under Subsection (h) to a tenant who receives energy assistance for a billing period during which the landlord receives a pledge, letter of intent, purchase order, or other notification that the energy assistance provider is forwarding sufficient payment to continue the electric service. (a) If a landlord has installed a 1A10BC residential fire extinguisher as defined by the National Fire Protection Association or other non-rechargeable fire extinguisher in accordance with a local ordinance or other law, the landlord or the landlord's agent shall inspect the fire extinguisher: (1) at the beginning of a tenant's possession; and. 92.333. 576, Sec. 1344 (S.B. 92.354. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Jan. 1, 1984. (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. 918, Sec. LANDLORD'S FAILURE TO DISCLOSE INFORMATION. Added by Acts 1989, 71st Leg., ch. 10, eff. Your written termination notice must include payment of the reletting fee listed in paragraph 28 of your lease agreement. Sept. 1, 1993. The sample TAA lease for which you provided a link has a blank for a reletting fee. TENANT'S REMEDIES REGARDING REVOCATION OF CERTIFICATE OF OCCUPANCY. 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. 2118), Sec. January 1, 2020. 18 (S.B. January 1, 2014. (l) The fee for filing a sworn complaint for reentry is the same as that for filing a civil action in justice court. 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 . Check your specific lease agreement or renewal for your amount. 332, Sec. Added by Acts 2021, 87th Leg., R.S., Ch. (c) Subsection (b) does not prohibit a guarantor from voluntarily entering into an agreement at the time of the renewal of a lease, in a separate written document, to guarantee an increased amount of rent. Amended by Acts 1985, 69th Leg., ch. LANDLORD'S DEFENSES. (g) A party may appeal from the court's judgment at the hearing on the sworn complaint for restoration of utility service in the same manner as a party may appeal a judgment in a forcible detainer suit. 1, eff. 5, eff. 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. (c) A landlord's failure to provide a complete copy of the lease as described by Subsection (a) or (b) does not invalidate the lease or, subject to Subsection (d), prevent the landlord from prosecuting or defending a legal action or proceeding to enforce the lease. 92.1031. Acts 1983, 68th Leg., p. 3639, ch. Answered on 9/10/03, 6:42 pm. Various state laws limit the maximum amount a landlord can charge, so check your state's laws and regulations. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. Amended by Acts 1989, 71st Leg., ch. (2) after the tenant moves out the landlord will either immediately demolish the rental unit or no longer use the unit for residential purposes. Acts 1983, 68th Leg., p. 3647, ch. 1, eff. Sept. 1, 1987. (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. (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. January 1, 2008. Forfeiture of the right to collect damages and charges from the tenant is the exclusive remedy for the failure to provide the proper notice to the tenant. A tenant may request that the landlord provide to the tenant a written statement of whether the tenant owes a late fee to the landlord and, if so, the amount of the late fee. (h) If a writ of possession is issued, it supersedes a writ of restoration of utility service. 687, Sec. Acts 2013, 83rd Leg., R.S., Ch. Jan. 1, 1984. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1993. 1168), Sec. Code Ann. 917 (H.B. Acts 1983, 68th Leg., p. 3632, ch. Is subletting legal in North Carolina? The nonprevailing party in a suit under this section is liable to the prevailing party for reasonable attorney's fees and court costs. The reletting fee (not a "relenting fee") is a sum you pay to the landlord to cover the expenses incurred in reletting your apartment in the event you break your lease and move out before. 5, 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. (q) The landlord may not evict a tenant for failure to pay an electric bill when the landlord has interrupted the tenant's electric service under Subsection (h) 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. (b-1) A tenant may obtain relief under Subsection (b) if the tenant provides the landlord or the landlord's agent: (1) a copy of one or more of the following orders protecting the tenant or an occupant from family violence: (A) a temporary injunction issued under Subchapter F, Chapter 6, Family Code; (B) a temporary ex parte order issued under Chapter 83, Family Code; (C) a protective order issued under Chapter 85, Family Code; or, (D) an order of emergency protection under Article 17.292, Code of Criminal Procedure; or. (d) This section does not release a guarantor from the obligations of the guarantor under the terms of the original lease or a valid renewal for costs and damages owed to the lessor that arise after the date specified by the guarantor in the original lease in accordance with Subsection (b), if the costs or damages relate to actions of the tenant before that date or arise as a result of the tenant refusing to vacate the leased premises. (4) the tenant has the right to install or rekey a security device required by this subchapter and deduct the reasonable cost from the tenant's next rent payment, as provided by Subsection (a)(1). 92.008. (2) a tenant has notified the landlord that the tenant has used the fire extinguisher for a legitimate purpose. (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. Sec. (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. Sec. (a) Subject to Subsections (b) and (c), a smoke alarm must be installed according to the manufacturer's recommended procedures. Sec. 3101), Sec. (2) "Landlord" means the owner, lessor, or sublessor of a dwelling, but does not include a manager or agent of the landlord unless the manager or agent purports to be the owner, lessor, or sublessor in an oral or written lease. Sec. (B) 48 inches from the floor, if installed on or after September 1, 1993. Added by Acts 2019, 86th Leg., R.S., Ch. Sec. The notice must include the following text in both English and Spanish: "Notice to residents of (name and address of nonsubmetered master metered multifamily property): Electric (or gas) service to this property is scheduled for disconnection on (date) because (reason for disconnection).". Added by Acts 1993, 73rd Leg., ch. In an eviction suit, retaliation by the landlord under Section 92.331 is a defense and a rent deduction lawfully made by the tenant under this chapter is a defense for nonpayment of the rent to the extent allowed by this chapter. (2) documentation of the stalking from a provider of services described by Subsection (c)(1), (2), or (3) and: (A) a law enforcement incident report or, if a law enforcement incident report is unavailable, another record maintained in the ordinary course of business by a law enforcement agency; and. 92.203. Sept. 1, 1993. 1, eff. (a) If a condition results from an insured casualty loss, such as fire, smoke, hail, explosion, or a similar cause, the period for repair does not begin until the landlord receives the insurance proceeds. ADDITIONAL ENFORCEMENT BY LOCAL ORDINANCE. 826, Sec. (a) A landlord or a landlord's agent may not interrupt or cause the interruption of utility service paid for directly to the utility company by a tenant unless the interruption results from bona fide repairs, construction, or an emergency. If the landlord has already submitted to the insurer a claim for the voided indebtedness, the claim must be withdrawn. Sec. Acts 1983, 68th Leg., p. 3635, ch. Texas law governing commercial leases is found in Title 8, Chapter 93 of the Texas Property Code. Amended by Acts 1993, 73rd Leg., ch. (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. (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. 348 (S.B. 92.331 by Acts 1997, 75th Leg., ch. Texas Property Code Ann. (3) "Exterior door" means a door providing access from a dwelling interior to the exterior. 1371), Sec. 357, Sec. (e) The landlord has met the duty to inspect and repair if the smoke alarm is in good working order after the landlord tests the smoke alarm with smoke, operates the testing button on the smoke alarm, or follows other recommended test procedures of the manufacturer for the particular model. Following delivery of the affidavit, the landlord must continue diligent efforts to repair or remedy the condition. Acts 2021, 87th Leg., R.S., Ch. January 1, 2014. SECURITY DEPOSIT. Jan. 1, 1996. 1, eff. 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. Renumbered from Property Code Sec. Added by Acts 1995, 74th Leg., ch. 576, Sec. (c) Disclosure of information to a tenant may be made under Subdivision (1) or (2) of Subsection (b) before the tenant requests the information. The term includes double-hinged patio doors. 1060 (H.B. 5, eff. (f) A keyless bolting device is not required to be installed at the landlord's expense if a tenant or occupant in the dwelling is over 55 years of age or has a physical or mental disability, the tenant requests, in writing, that the landlord deactivate or not install the keyless bolting device, and the tenant certifies in the request that the tenant or occupant is over 55 years of age or has a physical or mental disability. 650, Sec. (a) A party who prevails in a suit brought under this subchapter or Subchapter B, E, or F may recover the party's costs of court and reasonable attorney's fees in relation to work reasonably expended. Examples of RELETTING in a sentence. Sec. 576, Sec. DISCLOSURE OF OWNERSHIP AND MANAGEMENT. Sec. OBLIGATION TO REFUND. (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. 1, eff. RESIDENTIAL TENANT'S RIGHT OF RESTORATION AFTER UNLAWFUL UTILITY DISCONNECTION. (j) This section does not affect a tenant's right to pursue a separate cause of action under Section 92.0081. Section 511. 3, eff. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING CERTAIN DECISIONS RELATED TO MILITARY SERVICE. Under Texas law, a landlord has an obligation to mitigate damages. 92.263. 576, Sec. January 1, 2010. 3, eff. TYPE, BRAND, AND MANNER OF INSTALLATION. 17.001(64), eff. Added by Acts 2007, 80th Leg., R.S., Ch. 92.334. (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. A landlord complies with the requirements of this subchapter relating to the provision of smoke alarms in the dwelling unit if the landlord: (1) has a fire detection device, as defined by Section 6002.002, Insurance Code, that includes a fire alarm device, as defined by Section 6002.002, Insurance Code, installed in a dwelling unit; or. 92.109. (n) If a delinquent electric bill is paid, or a deferred payment plan is entered into, during normal business hours, the landlord shall reconnect the tenant's electric service within two hours of payment or entry into the deferred payment plan. (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. 7 juin 2022. 1. 92.017. 1198 (S.B. (2) the late fee is more than the applicable amount under Subdivision (1), but not more than uncertain damages to the landlord related to the late payment of rent, including direct or indirect expenses, direct or indirect costs, or overhead associated with the collection of late payment. (a) The landlord is not liable for retaliation under this subchapter if the landlord proves that the action was not made for purposes of retaliation, nor is the landlord liable, unless the action violates a prior court order under Section 92.0563, for: (1) increasing rent under an escalation clause in a written lease for utilities, taxes, or insurance; or. 7, eff. (k) If the tenant challenges the claim for damages or unpaid rent and that challenge results in a determination by the landlord or by a court that the notice of indebtedness is incorrect, the indebtedness is void and the landlord may not file an insurance claim for insurance purchased under Subsection (e) in the amount of the voided indebtedness. (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. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Texas Property Code ("TPC") Title 11, includes numerous provisions governing the formation, management, powers, . Amended by Acts 1989, 71st Leg., ch. (e) The landlord is entitled to a hearing on the tenant's sworn complaint for reentry. Acts 2011, 82nd Leg., R.S., Ch. Added by Acts 1995, 74th Leg., ch. Sept. 1, 1995. (8) "Multiunit complex" means two or more dwellings in one or more buildings that are: (B) managed by the same owner, agent, or management company; and. 869, Sec. 7, eff. Jan. 1, 1984. 1099), Sec. The drop bolt system must prevent the door from being opened unless the central plate is lifted off of the doorjamb restraint by a person who is on the interior side of the door. 375), Sec. TENANT REMEDIES FOR LANDLORD'S FAILURE TO INSTALL OR REKEY CERTAIN SECURITY DEVICES. 1, eff. 5, eff. (f) A landlord who violates Subsection (b), (c), (d), or (e) is liable for a civil penalty in the amount of $100 plus any towing or storage costs that the tenant incurs as a result of the towing of the tenant's vehicle. Sec. Section 92.259 of the Texas Property Code This section allows a tenant whose landlord did not install, inspect, or repair a smoke alarm in accordance with the law the right to break the lease without going to court. 3, eff. . (e) A landlord may comply with this section by providing to a tenant a complete copy of the lease: (2) in an electronic format if requested by the tenant; or. (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. Sec. Sept. 1, 1997. 6, eff. Amended by Acts 1993, 73rd Leg., ch. (2) the landlord does not install, inspect, or repair the smoke alarm on or before the seventh day after the date the tenant gives the landlord written notice that the tenant may exercise his remedies under this subchapter if the landlord does not comply with the request within seven days. 2404), Sec. 1, eff. (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. (3) damage from windows or doors left open. Find more help from the . (5) If the new landlord violates this subsection, the new landlord is liable to the tenant for a civil penalty of one month's rent plus $2,000, actual damages, and attorney's fees. (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. Aug. 28, 1989; Acts 1997, 75th Leg., ch. (c) A tenant who terminates a lease under Subsection (b) shall deliver to the landlord or landlord's agent: (1) a written notice of termination of the lease; and. If a landlord removes any of the items listed in this subsection for a bona fide repair or replacement, the repair or replacement must be promptly performed. Amended by Acts 1997, 75th Leg., ch. (B) a doorknob lock that contains a bolt with at least a one-inch throw. 4, eff. Jan. 1, 1996. (3) by e-mail if the parties have communicated by e-mail regarding the lease. DEFINITIONS. (2) payable at the time each rent payment is due during the lease. 1112, Sec. In Texas the re-let fee cannot exceed 85 percent of your monthly rent. Prop. Added by Acts 2015, 84th Leg., R.S., Ch. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. January 1, 2008. The tenant has the burden of proving that the misuse or damage was caused by another party. (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. Section 92.104 of the Texas Property Code This section requires a landlord who is withholding a portion of a security deposit to provide an itemized and written list of the deductions to the tenant. Sec. For purposes of this subchapter: (1) "Application deposit" means a sum of money that is given to the landlord in connection with a rental application and that is refundable to the applicant if the applicant is rejected as a tenant. 9, eff. (C) enter or exit a vehicle on the leased premises or located in a parking area provided by the landlord for tenants or guests. The fee for service of a show cause order is the same as that for service of a civil citation. (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. A tenant may make an unlimited number of requests under this subsection. September 1, 2017. (2) "Door viewer" means a permanently installed device in an exterior door that allows a person inside the dwelling to view a person outside the door. (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. The current agreement is ending on 1 June 2021, but the tenant has purchased a property and wants to vacate on 1 May 2021. 92.253. REMEDIES. 92.264. 357, Sec. (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). Sec. (c) A landlord's duties and the tenant's remedies under Subchapter B, which covers conditions materially affecting the physical health or safety of the ordinary tenant, may not be waived except as provided in Subsections (d), (e), and (f) of this section. 394 (H.B. Sec. 92.203. 92.169. (5) court costs and attorney's fees, excluding any attorney's fees for a cause of action for damages relating to a personal injury. 92.0561. (g) A lease must contain language in underlined or bold print that informs the tenant of the remedies available under this section and Section 92.0561. However, if the tenant's rent is subsidized in whole or in part by a governmental agency, the deduction limitation of one month's rent shall mean the fair market rent for the dwelling and not the rent that the tenant pays.
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