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A landlord who violates this section is liable to the tenant for actual damages, a civil penalty in an amount equal to the quantity of 1 month s rent plus $500, and lawyer s charges. A landlord who violates this section is liable to the tenant for an amount equal to the sum of $100, three times the quantity of the late payment collected in violation of this part, and the tenant s cheap attorney s charges. This section doesn t apply to or have an effect on an area ordinance governing a landlord s obligation to offer a 24-hour emergency contact quantity to a tenant that is adopted earlier than January 1, 2008, if the ordinance conforms with or is amended to conform with this part. A landlord to whom Subsection (a) doesn t apply should provide to a tenant a telephone number for the purpose of reporting emergencies described by that subsection. A landlord that has an on-site administration or superintendent s workplace for a residential rental property must provide to a tenant a phone number that will likely be answered 24 hours a day for the purpose of reporting emergencies associated to a condition of the leased premises that materially impacts the bodily health or safety of an strange tenant.
Sec. 92.020. EMERGENCY Phone Number. The landlord must post the phone number required by Subsection (a) prominently outdoors the management or superintendent s office. A waiver under this part have to be signed and in writing in a doc separate from the lease and should comply with federal law. A tenant and a landlord may agree that the tenant waives a tenant s rights under this part if the tenant or any dependent living with the tenant strikes into base housing or different housing inside 30 miles of the dwelling. 2) the tenant and the tenant s dependent move, wholly or partly, due to a major financial loss of income brought on by the tenant s navy service. A landlord is entitled to confirm the significant monetary lack of earnings so as to determine whether or not a tenant is entitled to terminate a lease if the tenant has signed a waiver beneath this part and moves inside 30 miles of the dwelling into housing that isn t owned or occupied by household or family of the tenant or the tenant s dependent.
A late price below this section may include an preliminary price and a day by day fee for each day any portion of the tenant s rent continues to remain unpaid, and the combined charges are considered a single late price for functions of this section. 4) court docket costs and attorney s charges arising from any related cause of action by the tenant towards the landlord. Sec. 92.018. Liability OF TENANT FOR GOVERNMENTAL FINES. Except as supplied by Subsection (g), this section doesn t have an effect on a tenant s legal responsibility for delinquent, unpaid rent or other sums owed to the landlord before the lease was terminated by the tenant underneath this section. This section relates only to a fee, charge, or different sum of cash required to be paid below the lease if rent is just not paid as supplied by Subsection (a)(3), and doesn t have an effect on the landlord s right to terminate the lease or take other action permitted by the lease or different law.
Payment of the charge, cost, or different sum of cash by a tenant doesn t waive the correct or treatments provided by this part. Renumbered from Property Code, Section 92.016 by Acts 2007, 80th Leg., R.S., Ch. Added by Acts 2005, 79th Leg., Ch. Added by Acts 2009, 81st Leg., R.S., Ch. Acts 2019, 86th Leg., R.S., Ch. Except as provided by Subsection (j), a tenant s right to terminate a lease earlier than the tip of the lease time period, vacate the dwelling, and keep away from liability below this section will not be waived by a tenant. After receipt of the notice provided below Subsection (a), the landlord shall provide a copy of the written lease agreement to the person who supplied the discover on written request of that person. A landlord, not later than the thirtieth day after the effective date of the termination of a lease underneath this section, shall refund to the residential tenant terminating the lease underneath Subsection (b) all rent or different amounts paid prematurely under the lease for any period after the efficient date of the termination of the lease. On request of the tenant, the landlord shall present the assertion to the tenant by any established means regularly used for written communication between the landlord and the tenant.
