texas property code reletting fee

This clause allows tenants to terminate the lease early if they follow the early termination rules. 576, Sec. 576, Sec. The term does not include occupancy before the initial occupancy date authorized under a lease. On receipt of an affidavit, the justice shall issue a show cause order, directing the person to appear on a designated date and show cause why he should not be adjudged in contempt of court. 92.352. (b) A tenant may not unilaterally terminate the lease under Subsection (a)(2) or file suit against the landlord to obtain a judgment under Subsection (a)(4) unless the landlord does not comply on or before the seventh day after the date the written request for compliance is received if the lease includes language underlined or in boldface print that in substance provides the tenant with notice that: (1) the landlord at the landlord's expense is required to equip the dwelling, when the tenant takes possession, with the security devices described by Sections 92.153(a)(1)-(4) and (6); (2) the landlord is not required to install a doorknob lock or keyed dead bolt at the landlord's expense if the exterior doors meet the requirements of Section 92.153(f); (3) the landlord is not required to install a keyless bolting device at the landlord's expense on an exterior door if the landlord is expressly required or permitted to periodically check on the well-being or health of the tenant as provided by Section 92.153(e)(3); and. (C) refund the tenant's security deposit, less lawful deductions, to the person designated under Subdivision (1). The Texas Property Code, 92.101 - 92.109, protects the right of renters regarding their security deposit. (a) If a tenant files or prosecutes a suit for retaliatory action based on a complaint asserted under Section 92.331(a)(3), and the government building or housing inspector or utility company representative visits the premises and determines in writing that a violation of a building or housing code does not exist or that a utility problem does not exist, there is a rebuttable presumption that the tenant acted in bad faith. Code 92.019 (2023).) 92.051. (b) A landlord may require a tenant to pay for repair or replacement of a security device if an underlined provision in a written lease authorizes the landlord to do so and the repair or replacement is necessitated by misuse or damage by the tenant, a member of the tenant's family, an occupant, or a guest, and not by normal wear and tear. (c) After receipt of the notice provided under Subsection (a), the landlord shall provide a copy of the written lease agreement to the person who provided the notice on written request of that person. 92.334 by Acts 1997, 75th Leg., ch. ATTORNEY'S FEES. September 1, 2011. 1168), Sec. 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. January 1, 2008. Sec. 348 (S.B. The tenant selection criteria may include factors such as criminal history, credit history, current income, and rental history. Jan. 1, 1984. Unless the landlord and tenant agree otherwise under Subsection (g) of this section, repairs may not be made by the tenant, the tenant's immediate family, the tenant's employer or employees, or a company in which the tenant has an ownership interest. DUTY TO REPAIR OR REPLACE. If, after a landlord has notified a tenant in writing of (1) the illegality of the tenant's rent withholding or the tenant's proposed repair and (2) the penalties of this subchapter, the tenant withholds rent, causes repairs to be performed, or makes rent deductions for repairs in bad faith violation of this subchapter, the landlord may recover from the tenant a civil penalty of one month's rent plus $500. 869, Sec. (e) The affidavit must be delivered to the tenant by any of the following methods: (2) certified mail, return receipt requested, to the tenant; or. 48, Sec. Sec. 1, eff. Acts 1983, 68th Leg., p. 3639, ch. How does a Reletting fee work in Texas? This subchapter applies to all residential leases. 650, Sec. 917 (H.B. 92.0132. (C) by a metal bar or metal tube that is placed across the entire interior side of the door and secured in place at each end of the bar or tube by heavy-duty metal screw hooks. Amended by Acts 1995, 74th Leg., ch. 576, Sec. 92.057(a) and amended by Acts 1995, 74th Leg., ch. 92.0131. January 1, 2008. 531), Sec. (c) Except as provided in Subsection (d), in the event of the death of a tenant who is the sole occupant of a rental dwelling: (1) the landlord may remove and store all property found in the tenant's leased premises; (2) the landlord shall turn over possession of the property to the person who was designated by the tenant under Subsection (a) or (b) or to any other person lawfully entitled to the property if the request is made prior to the property being discarded under Subdivision (5); (3) the landlord shall refund the tenant's security deposit, less lawful deductions, including the cost of removing and storing the property, to the person designated under Subsection (a) or (b) or to any other person lawfully entitled to the refund; (4) the landlord may require any person who removes the property from the tenant's leased premises to sign an inventory of the property being removed; and. This is also known as assignment of the lease to a new party. 576, Sec. 650, Sec. Acts 2015, 84th Leg., R.S., Ch. Jan. 1, 1996. (l) The fee for filing a sworn complaint for reentry is the same as that for filing a civil action in justice court. (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. RETENTION OF SECURITY DEPOSIT; ACCOUNTING. HEIGHT, STRIKE PLATE, AND THROW REQUIREMENTS--KEYED DEAD BOLT OR KEYLESS BOLTING DEVICE. Acts 2013, 83rd Leg., R.S., Ch. 534), Sec. Sec. 91.002 by Acts 1987, 70th Leg., ch. (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. 8, eff. Sec. (2) an earlier date agreed to by the landlord and the tenant. If the acknowledgment is not signed, there is a rebuttable presumption that the notice was not made available to the applicant. These expenses cover marketing and qualifying new tenants. 92.0191. Jan. 1, 1996. (9) "Possession of a dwelling" means occupancy by a tenant under a lease, including occupancy until the time the tenant moves out or a writ of possession is issued by a court. Acts 2017, 85th Leg., R.S., Ch. (a) A landlord shall install at least one smoke alarm in each separate bedroom in a dwelling unit. (o) A landlord may not interrupt or cause the interruption of electric service under Subsection (h) for any of the following reasons: (1) a delinquency in payment for electric service furnished to a previous tenant; (2) failure to pay non-electric bills, rent, or other fees; (3) failure to pay electric bills that are six or more months delinquent; or. 2404), Sec. (4) establishes, attempts to establish, or participates in a tenant organization. (b) At a tenant's request made before January 1, 1995, a landlord, at the tenant's expense, shall install on an exterior door of a dwelling constructed before September 1, 1993: (1) a keyless bolting device if the door does not have a keyless bolting device; and. (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. (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. TENANT'S REPAIR AND DEDUCT REMEDIES. A party who prevails in a suit brought under this subsection may recover court costs and reasonable attorney's fees from the other party. Sept. 1, 1993. BAD FAITH VIOLATION. Sec. Acts 1983, 68th Leg., p. 3647, ch. (a) A landlord has a duty to mitigate damages if a tenant abandons the leased premises in violation of the lease. Texas Property Code Section 53.156 - Costs and Attorney's Fees Texas Statutes Prop. Sept. 1, 1997. (b) If a dwelling unit was occupied as a residence before September 1, 2011, or a certificate of occupancy was issued for the dwelling unit before that date, a smoke alarm installed in accordance with Subsection (a) may be powered by battery and is not required to be interconnected with other smoke alarms, except that a smoke alarm that is installed to replace a smoke alarm that was in place on the date the dwelling unit was first occupied as a residence must comply with residential building code standards that applied to the dwelling unit on that date or Section 92.252(b). Acts 2015, 84th Leg., R.S., Ch. NOTICE OF ELIGIBILITY REQUIREMENTS. from Statutes.Capitol.Texas.gov website.85 % of read more 1086), Sec. 1399), Sec. OBLIGATION TO REFUND. Amended by Acts 1993, 73rd Leg., ch. Sec. Acts 2011, 82nd Leg., R.S., Ch. 869, Sec. 869, Sec. (2) if an entity located off-site from the dwelling is primarily responsible for managing the dwelling, the name and street address of the management company. 92.014. 91.002 by Acts 1987, 70th Leg., ch. 92.162. The deferred payment plan must allow the tenant to pay the outstanding electric bill in installments that extend beyond the due date of the next electric bill and must provide that the delinquent amount may be paid in equal installments over a period equal to at least three electric service billing cycles. 1, eff. 744, Sec. For purposes of this subsection, a pay stub or other statement of earnings issued by the tenant's employer is sufficient verification. 7, eff. 92.007. (g) A landlord and a tenant may mutually agree for the tenant to repair or remedy, at the landlord's expense, any condition of the dwelling regardless of whether it materially affects the health or safety of an ordinary tenant. June 17, 2005, except Subsec. 92.0162. (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. (2) may not use a prospective tenant's choice to pay a fee in lieu of a security deposit or a security deposit as a criterion in the determination of whether to approve an application for occupancy. 2, eff. (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. Acts 2007, 80th Leg., R.S., Ch. 92.254. Sec. Renumbered from Property Code Sec. 1, eff. 399), Sec. January 1, 2021. REMEDIES. (2) United States mail, addressed to the applicant and postmarked on or before the required date. If neither box is checked, you should assume the dwelling is in a 100-year floodplain. (a) A landlord is liable to a tenant or a governmental body according to this subchapter if: (1) after the tenant or government official or employee makes a request for information under Section 92.201, the landlord does not provide the information; and. REMEDIES. 5, eff. 14, eff. 92.005. (2) failing to correct information given under Section 92.201(b)(1) or (2) or Section 92.201(d) that the landlord knows is incorrect. Acts 1983, 68th Leg., p. 3632, ch. If a landlord spends the equivalent of the reletting fee to re-rent the apartment, then that is a legitimate charge. 92.202. . (a) For purposes of this section, "dependent," "military service," and "servicemember" have the meanings assigned by 50 App. Acts 2009, 81st Leg., R.S., Ch. SECURITY DEVICES REQUESTED BY TENANT. 92.021. (2) payable at the time each rent payment is due during the lease. (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. Other judicial actions under this chapter may not be joined with an eviction suit or asserted as a defense or crossclaim in an eviction suit. (3) a nursing or convalescent home licensed by the Department of State Health Services and certified to meet the Life Safety Code under federal law and regulations. 165, Sec. 917 (H.B. 588 (S.B. Sec. One-half of the central plate must overlap the interior surface of the door and the other half of the central plate must overlap the doorjamb when the plate is placed over the doorjamb restraint. 31.01(71), eff. This subchapter does not impose obligations on a landlord or tenant other than those expressly stated in this subchapter. (2) for a dwelling unit that is a one-family or two-family dwelling unit, installs smoke detectors in compliance with Chapter 766, Health and Safety Code. Added by Acts 2013, 83rd Leg., R.S., Ch. January 1, 2010. 257 (H.B. RETALIATION BY LANDLORD. 4, eff. Reletting is your best bet if you have a special circumstance (i.e. to cover potential property damage. (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. 15 (S.B. (3) not entitled to the other repair and deduct remedies under Section 92.0561 or the judicial remedies under Subdivisions (1) and (2) of Subsection (a) of Section 92.0563. (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 2011, 82nd Leg., R.S., Ch. (d) Subsections (a) and (b) apply only when a tenant is in possession of a dwelling. Sec. Acts 2017, 85th Leg., R.S., Ch. 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. 48, Sec. 1, 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. 13, eff. 1, eff. 576, Sec. NONRETALIATION. Amended by Acts 1989, 71st Leg., ch. September 1, 2007. Amended by Acts 1985, 69th Leg., ch. 650, Sec. (b) After a tenant receives the notice and moves out: (1) the local health officer or building inspector may not allow occupancy of or utility service by separate meter to the rental unit until the officer certifies that he knows of no condition that materially affects the physical health or safety of an ordinary tenant; and. Sec. 357, Sec. 1, eff. NOTICE REGARDING VEHICLE TOWING OR PARKING RULES OR POLICIES. 826, Sec. The notice must be given at the time of the reduced rent payment. 3, eff. 1, eff. (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. The landlord may satisfy that burden of proof by providing evidence that the landlord: (1) delivered the notice by certified mail, return receipt requested, addressed to the tenant at the tenant's dwelling; or. Sec. Added by Acts 2019, 86th Leg., R.S., Ch. January 1, 2014. Jan. 1, 1984. Acts 1983, 68th Leg., p. 3639, ch. (i) The tenant shall not have authority to contract for labor or materials in excess of what the tenant may deduct under this section. DISCLOSURE OF OWNERSHIP AND MANAGEMENT. LANDLORD'S AGENT FOR SERVICE OF PROCESS. 92.257. (3) included in an attachment to the lease agreement that is signed by the tenant, but only if the attachment is expressly referred to in the lease agreement. (b) Notice under this section must be in writing and may be given in person, by mail, or by delivery to the premises. The governing body of the municipality may provide additional notice to the property's tenants and owners after receipt of the service disconnection notice under this subsection. Sept. 1, 1993. APPLICATION OF SUBCHAPTER. (c) A tenant or a governmental entity or civic association acting on the tenant's behalf may file suit against a landlord to enjoin a violation of this section. (7) "Landlord" means a dwelling owner, lessor, sublessor, management company, or managing agent, including an on-site manager. (c) During the term of a lease or during a renewal or extension, the landlord has a duty to inspect and repair a smoke alarm, but only if the tenant gives the landlord notice of a malfunction or requests to the landlord that the smoke alarm be inspected or repaired. The term includes double-hinged patio doors. (b) Termination of a lease under this section is effective on the later of: (1) the 30th day after the date on which the notice under Subsection (a) was provided; 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. 92.104. 6, eff. (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. 744, Sec. (b) A requirement that a tenant give advance notice of surrender as a condition for refunding the security deposit is effective only if the requirement is underlined or is printed in conspicuous bold print in the lease. Answer: A reletting or "sublease" charge is an arbitrary number assigned as a value by the landlord to collect for the inconvenience of you making the decision to prematurely exit your lease. Sec. Reletting fees are allowed under Texas state law, but they can't be so high they would be considered excessive by a judge. January 1, 2008. 257 (H.B. (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; (3) any portion of the tenant's rent has remained unpaid two full days after the date the rent was originally due. 6, eff. (b) The tenant shall notify the landlord in writing of any change in the tenant's primary residence address. 651 (H.B. 576, Sec. 92.255. The reletting fee is typically 150% of one month's rent. Acts 2009, 81st Leg., R.S., Ch. U.S.C. EMERGENCY PHONE NUMBER. (g) Except as provided by Subsection (h), a fee collected under this section is a security deposit for purposes of this chapter. 92.1031. Aug. 28, 1995. Sec. (As a point of reference, the Texas Apartment Association's standard lease sets reletting fees at 85% of a month's rent. 92.059 and amended by Acts 1995, 74th Leg., ch. Sec. 234), Sec. SUBCHAPTER B. Jan. 1, 1998. 1367), Sec. (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. Sept. 1, 1993. 92.054. (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. (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. Jan. 1, 1996. Acts 1983, 68th Leg., p. 3648, ch. AGENTS FOR DELIVERY OF NOTICE. Renumbered from Property Code Sec. (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 92.162. 7, eff. (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. 869, Sec. 1, eff. (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. Added by Acts 1997, 75th Leg., ch. Jan. 1, 1998. January 1, 2010. 1, eff. 1, eff. Section 92.019 Late Payment of Rent; Fees, 5, eff. (f) For the purposes of this section, an owner or property manager may disclose either an actual name or names or an assumed name if an assumed name certificate has been recorded with the county clerk. June 20, 2003. (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. (e) A keyless bolting device is not required to be installed at the landlord's expense on an exterior door if: (1) the dwelling is part of a multiunit complex in which the majority of dwelling units are leased to tenants who are over 55 years of age or who have a physical or mental disability; (2) a tenant or occupant in the dwelling is over 55 years of age or has a physical or mental disability; and. Unfortunately, many tenants are unaware of this law and do not receive a proper refund of their deposit. Sec. Sec. (a) A landlord may close a rental unit at any time by giving written notice by certified mail, return receipt requested, to the tenant and to the local health officer and local building inspector, if any, stating that: (1) the landlord is terminating the tenancy as soon as legally possible; and. If the justice finds, after considering the evidence at the hearing, that the person has directly or indirectly disobeyed the writ, the justice may commit the person to jail without bail until the person purges the contempt action or omission in a manner and form as the justice may direct. Another good online resource for tenants can be found at www.texaslawhelp.org. (3) damage from windows or doors left open. January 1, 2010. Sept. 1, 1995. 17, eff. 576, Sec. Sec. A landlord shall provide to the tenant in a multiunit complex, as that term is defined by Section 92.151, a copy of any applicable vehicle towing or parking rules or policies of the landlord and any changes to those rules or policies as provided by Section 92.0131. 1488), Sec. Jan. 1, 1984. (c) In addition to other remedies provided by law, if a landlord violates this section, a tenant is entitled to recover from or against the landlord: (1) a civil penalty in an amount equal to one month's rent; (2) actual damages suffered by the tenant as a result of the landlord's violation of this section; (5) reasonable attorney's fees incurred by the tenant in seeking enforcement of this section. PROVISIONS GENERALLY APPLICABLE TO LANDLORDS AND TENANTS Sec. BAD FAITH VIOLATION. Re: Reletting Fee. 7.002(o), eff. 15, eff. PRESUMPTION OF REFUND OR ACCOUNTING. Through social Jan. 1, 1984. 3101), Sec. Added by Acts 2019, 86th Leg., R.S., Ch. 5, eff. (c) For purposes of Subsection (b)(4) or (5), a landlord is considered to have received the tenant's notice when the landlord or the landlord's agent or employee has actually received the notice or when the United States Postal Service has attempted to deliver the notice to the landlord. 576, Sec. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 337 (H.B. Sec. RESIDENTIAL TENANT'S RIGHT OF REENTRY AFTER UNLAWFUL LOCKOUT. 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. September 1, 2021. (b) The tenant must file with the justice court in the precinct in which the rental premises are located a sworn complaint for reentry, specifying the facts of the alleged unlawful lockout by the landlord or the landlord's agent. texas property code reletting fee texas property code reletting fee (e-1) A landlord who changes the locks or otherwise prevents a tenant from entering the tenant's individual rental unit may not change the locks or otherwise prevent a tenant from entering a common area of residential rental property. However, most (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. (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). Acts 2015, 84th Leg., R.S., Ch. (b) A landlord's rejection of one co-applicant shall be deemed as a rejection of all co-applicants. DEFINITIONS. (14) "Sliding door security bar" means a bar or rod that can be placed at the bottom of or across the interior side of the fixed panel of a sliding glass door and that is designed to prevent the door from being opened. Sec. (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. Sec. 917 (H.B. (D) in underlined or bold print, the tenant's right to receive a key to the new lock at any hour, regardless of whether the tenant pays the delinquent rent. (2) The tenant has given notice to the landlord as required by Section 92.056(b)(1), and, if required, a subsequent notice under Section 92.056(b)(3), and at least one of those notices states that the tenant intends to repair or remedy the condition. 92.2571. 2, eff. (a) This subchapter does not apply to: (1) a room in a hotel, motel, or inn or to similar transient housing; (2) residential housing owned or operated by a public or private college or university accredited by a recognized accrediting agency as defined under Section 61.003, Education Code; (3) residential housing operated by preparatory schools accredited by the Texas Education Agency, a regional accrediting agency, or any accrediting agency recognized by the commissioner of education; or. (e) Repealed by Acts 2009, 81st Leg., R.S., Ch. 92.060. Acts 2011, 82nd Leg., R.S., Ch. (a) Subject to Subsections (b) and (c), a smoke alarm must be installed according to the manufacturer's recommended procedures. 12, eff. Jan. 1, 1996. Most tenant insurance policies do not cover damages or loss incurred in a flood. (3) a copy of the settled claim that documents payments made by the insurer to the landlord. 2, eff. A tenant's request or notice under this subchapter may be given orally unless the tenant has a written lease that requires the request or notice to be in writing and that requirement is underlined or in boldfaced print in the lease. 683, Sec. 576, Sec. Added by Acts 2011, 82nd Leg., R.S., Ch. 138, Sec. (c) If after a casualty loss the rental premises are partially unusable for residential purposes and if the casualty loss is not caused by the negligence or fault of the tenant, a member of the tenant's family, or a guest or invitee of the tenant, the tenant is entitled to reduction in the rent in an amount proportionate to the extent the premises are unusable because of the casualty, but only on judgment of a county or district court.

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texas property code reletting fee