Section 92.108 - Liability for Withholding Last Month's Rent, Tex. Prop. Code § 92.108 (2024)

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Section 92.108 - Liability for Withholding Last Month's Rent, Tex. Prop. Code § 92.108? ›

Section 92.108 of the Texas Property Code prohibits a tenant from using their security deposit for last month's rent. If a tenant violates this law, they may be liable for three times the amount of money withheld plus attorney's fees.

Sections 92.101 through 92.110 of the Texas Property Code describe the legal protections tenants have when they pay a security deposit. Section 92.103 states: the landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises.

Sec. 92.008. INTERRUPTION OF UTILITIES. (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.

Tenant's Forwarding Address. (a) The landlord is not obligated to return a tenant's security deposit or give the tenant a written description of damages and charges until the tenant gives the landlord a written statement of the tenant's forwarding address for the purpose of refunding the security deposit.

Section 92.109 - Liability of Landlord (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.

Be aware that if you are in a month-to-month tenancy, the landlord or tenant must only give 30 days' notice before the lease ends. If the lease term is more than one year, it must be in writing, or it is unenforceable.

Tenants without a lease agreement also have the right to privacy. The landlord cannot enter your rental property without your consent, except in emergencies or other legally allowed circ*mstances. The landlord must provide reasonable notice before entering the rental property for repairs, inspections, or other reasons.

Landlord Remedy for Tenant Violation. (a) If the tenant withholds rents, causes repairs to be performed, or makes rent deductions for repairs in violation of this subchapter, the landlord may recover actual damages from the tenant.

Section 92.008 of the Texas Property Code states: 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.

People want to know what their rights are when their apartment has mold, pests, broken appliances, or other problems. Texas law states that a landlord must make a diligent effort to repair a problem if it "materially affects the physical health or safety of an ordinary tenant."

Can a landlord enter without permission in Texas? ›

According to Texas Property Code section 90.004, landlords may not enter a tenant's home home unless: The tenant is present and gives consent. The tenant has previously given written consent, which they must specify a time and date for entry.

Your rights as a tenant include the right to "quiet enjoyment," a legal term. This means your landlord cannot evict you without cause or otherwise disturb your right to live in peace and quiet. If other tenants in your building are disturbing you, you should complain to the landlord.

Section 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) any portion of the tenant's rent has remained unpaid two full days ...

According to Texas Property Code 92.331, a landlord may not retaliate against you for any of the following actions: Doing anything that is allowed by your lease or by law. Asking that your landlord repair or fix something. Filing a complaint with a government agency.

Landlord Liability and Tenant Remedies; Notice and Time for Repair. (a) A landlord's liability under this section is subject to Section 92.052(b) regarding conditions that are caused by a tenant and Section 92.054 regarding conditions that are insured casualties.

Rekeying or Change of Security Devices. (a) Except as otherwise provided by Subsection (e), a security device operated by a key, card, or combination shall be rekeyed by the landlord at the landlord's expense not later than the seventh day after each tenant turnover date.

Residential Tenant's Right of Restoration After Unlawful Utility Disconnection. (a) If a landlord has interrupted utility service in violation of Section 92.008, the tenant may obtain relief as provided by this section.

Section 92.201 - Disclosure of Ownership and Management (a) A landlord shall disclose to a tenant, or to any government official or employee acting in an official capacity, according to this subchapter: (1) the name and either a street or post office box address of the holder of record title, according to the deed ...

Texas Property Code 92.0161 allows a victim of sexual assault to break a lease at an apartment or another rental property without having to pay financial penalties – future rent or any fees for ending the lease early. you owed to the landlord before the lease was terminated.

(a) A landlord who has expressly or impliedly agreed in the lease to furnish and pay for water, gas, or electric service to the tenant's dwelling is liable to the tenant if the utility company has cut off utility service to the tenant's dwelling or has given written notice to the tenant that such utility service is ...