(2) United States mail, addressed to the applicant and postmarked on or before the required date. 1198 (S.B. (f) Repairs made pursuant to the tenant's notice must be made by a company, contractor, or repairman listed in the yellow or business pages of the telephone directory or in the classified advertising section of a newspaper of the local city, county, or adjacent county at the time of the tenant's notice of intent to repair. (b-1) The person who no longer owns an interest in the rental premises is liable for a security deposit received while the person was the owner until the new owner has received the deposit or has assumed the liability for the deposit, unless otherwise specified by the parties in a written contract. 4173), Sec. (e) The landlord is entitled to a hearing on the tenant's sworn complaint for restoration of utility service. 31.01(71), eff. (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. (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). Whether compliance would be an undue hardship is determined by looking at the difficulty or expense of compliance for a specific employer in comparison to the size, financial resources, nature, and structure of the employers business. (C) The landlord has expressly or impliedly agreed in the lease to furnish heating or cooling equipment; the equipment is producing inadequate heat or cooled air; and the landlord has been notified in writing by the appropriate local housing, building, or health official or other official having jurisdiction that the lack of heat or cooling materially affects the health or safety of an ordinary tenant. Sept. 1, 1995; Acts 1995, 74th Leg., ch. (b) Unless otherwise provided in a written lease, a tenant shall provide one duplicate of the key to any key-operated security device installed or rekeyed by the tenant under Section 92.164(a)(1) or 92.165(1) within a reasonable time after the landlord's written request for the key. (c) A landlord who violates this section is liable to the tenant for an amount equal to the sum of $100, three times the amount of the late fee collected in violation of this section, and the tenant's reasonable attorney's fees. Jan. 1, 1996; Acts 1995, 74th Leg., ch. (c) If the tenant decides to pay a fee in lieu of a security deposit, an agreement to collect the fee must be in writing and signed by: (1) the landlord or the landlord's legal representative; and. (e) If a tenant vacates the premises in breach of a written lease, the landlord may deduct from the tenant's security deposit the reasonable cost incurred by the landlord to rekey a security device as required by this section only if the lease includes a provision that is underlined or printed in boldface type authorizing the deduction. Sec. I'm the NYS DMV Virtual Agent, Click me for assistance. OBLIGATION TO REFUND. January 1, 2010. September 1, 2011. TENANT'S FORWARDING ADDRESS. 92.020. Section 511. (2) the landlord may not allow reoccupancy or reconnection of utilities by separate meter within six months after the date the tenant moves out. (12) "Sliding door handle latch" means a latch or lock: (A) located near the handle on a sliding glass door; (B) operated with or without a key; and. Acts 1983, 68th Leg., p. 3632, ch. (A) The driver of a vehicle involved in an accident resulting in injury to or the death of a person immediately shall stop the vehicle at the scene of the accident or as close to it as possible. NOTICE TO TENANT AT PRIMARY RESIDENCE. Amended by Acts 1993, 73rd Leg., ch. (g) A tenant's right to vacate a dwelling and avoid liability under Section 92.016 or 92.017 may not be waived by a tenant or a landlord, except as provided by those sections. (j) A landlord may not submit a claim for damages or unpaid rent to an insurer for insurance described by Subsection (e) unless the landlord notifies the tenant of the damages or unpaid rent indebtedness not later than the 30th day after the date the tenant surrendered possession of the dwelling. Acts 1983, 68th Leg., p. 3649, ch. 938, Sec. (2) knows or has reason to know that the requirements of the subsection granting the exemption are not fulfilled. (b) A landlord may not intentionally prevent a tenant from entering the leased premises except by judicial process unless the exclusion results from: (1) bona fide repairs, construction, or an emergency; (2) removing the contents of premises abandoned by a tenant; or. See OSHA's Workers' Rights page for more information on rights and protections. The justice may defer payment of the tenant's filing fees and service costs for the sworn complaint for reentry and writ of reentry. (j) A landlord may not interrupt or cause the interruption of electric service under Subsection (h) of a tenant who, before the interruption date specified in the notice required by Subsection (h)(3), has: (1) established that the interruption will cause a person residing in the tenant's dwelling to become seriously ill or more seriously ill by having a physician, nurse, nurse practitioner, or other similar licensed health care practitioner attending to the person who is or may become ill provide a written statement to the landlord or a representative of the landlord stating that the person will become seriously ill or more seriously ill if the electric service is interrupted; and. An agency within the U.S. Department of Labor, 200 Constitution Ave NW 1, eff. Further information on prohibited occupations is available from https://www.dol.gov/agencies/whd/youthrules. (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. PROCEDURES FOR NOTICE OR REFUND. 1-866-4-US-WAGE If the employee works 60 hours, the regular rate is $8.00 ($480 divided by 60 hours). The fair market rent shall be determined by the governmental agency subsidizing the rent, or in the absence of such a determination, it shall be a reasonable amount of rent under the circumstances. (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. Remedies may be recovered through administrative procedures, litigation, and/or criminal prosecution. Powered by the Tampa Bay Times, tampabay.com is your home for breaking news you can trust. Example: An employee paid $8.00 an hour works 44 hours in a workweek. 744, Sec. 92.161. Acts 2009, 81st Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. Added by Acts 1989, 71st Leg., ch. For example, if you receive a speeding ticket in Florida you will get points added to your NJ drivers license. 917 (H.B. The device must be: (A) a clear glass pane or one-way mirror; or. INTERRUPTION OF UTILITIES. REKEYING OR CHANGE OF SECURITY DEVICES. (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. (a) Except as provided in Subsection (b), a landlord who receives a security deposit or rent prepayment for a dwelling from a tenant who fails to occupy the dwelling according to a lease between the landlord and the tenant may not retain the security deposit or rent prepayment if: (1) the tenant secures a replacement tenant satisfactory to the landlord and the replacement tenant occupies the dwelling on or before the commencement date of the lease; or. NOTICE OF UTILITY DISCONNECTION OF NONSUBMETERED MASTER METERED MULTIFAMILY PROPERTY TO MUNICIPALITIES, OWNERS, AND TENANTS. (m) If an insurer seeks reimbursement under Subsection (l)(2), the insurer must include in the reimbursement demand: (1) evidence of damages or unpaid rent that the landlord submitted to the insurer; (2) evidence of damage repair costs that the landlord submitted to the insurer; and. 18 (S.B. Get the latest international news and world events from Asia, Europe, the Middle East, and more. Aug. 28, 1995. The writ of restoration of utility service must notify the landlord of the right to a hearing. 3, eff. (g) Not later than the 30th day after the effective date of the termination of a lease under Subsection (f), the landlord shall refund to the tenant all rent or other amounts paid in advance under the lease for any period after the effective date of the termination of the lease. January 1, 2016. Sec. Sec. 92.252. Sept. 1, 1993. January 1, 2016. Acts 2005, 79th Leg., Ch. A party who prevails in a suit under this subsection may recover court costs and reasonable attorney's fees from the other party. 1, eff. 826, Sec. If you do not meet the selection criteria, or if you provide inaccurate or incomplete information, your application may be rejected and your application fee will not be refunded.". RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING TENANT'S DEATH. Acts 1983, 68th Leg., p. 3639, ch. 1, eff. September 1, 2017. 593 (S.B. 165, Sec. Added by Acts 2005, 79th Leg., Ch. EXEMPTIONS. (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. (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. VENUE. (2) an earlier date agreed to by the landlord and the tenant. Acts 1983, 68th Leg., p. 3647, ch. Watch CBS Sports HQ, the 24/7 sports news network. 12, eff. Jan. 1, 1984. September 1, 2007. 92.163. Get breaking news stories and in-depth coverage with videos and photos. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. (b) If a smoke alarm powered by battery has been installed in a dwelling unit built before September 1, 1987, in compliance with this subchapter and local ordinances, a local ordinance may not require that a smoke alarm powered by alternating current be installed in the unit unless: (1) the interior of the unit is repaired, remodeled, or rebuilt at a projected cost of more than $5,000 and: (A) the repair, remodeling, or rebuilding requires a municipal building permit; and, (i) the repair, remodeling, or rebuilding results in the removal of interior walls or ceiling finishes exposing the structure; or. A covered enterprise is the related activities performed through unified operation or common control by any person or persons for a common business purpose and . 1, 3, eff. 5, eff. On request of the tenant, the landlord shall provide the statement to the tenant by any established means regularly used for written communication between the landlord and the tenant. 3101), Sec. In that case, an additional $4.00 is due for each of the 20 overtime hours for a total of $560 for the week. This subchapter applies to a lease executed, entered into, renewed, or extended on or after September 1, 1979. (2) the landlord has given notice to the tenant that the landlord intends to exercise the landlord's remedies under this subchapter if the tenant does not reconnect, repair, or replace the smoke alarm or replace the removed battery within seven days after being notified by the landlord to do so. Sept. 1, 1993. DUTY TO REPAIR OR REPLACE. Sec. 869, Sec. LANDLORD REMEDY FOR TENANT VIOLATION. (c) If Subsection (b) does not apply, the owner's management company, on-premise manager, or rent collector serving the dwelling is the owner's authorized agent for service of process unless the owner's name and business street address have been furnished in writing to the tenant. 1, eff. 92.159. 3, eff. If neither box is checked, you should assume the dwelling is in a 100-year floodplain. (a) A keyed dead bolt or a keyless bolting device required by this subchapter must be installed at a height: (1) not lower than 36 inches from the floor; and, (A) 54 inches from the floor, if installed before September 1, 1993; or. 917 (H.B. Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 1993. However, this subchapter does not prohibit the adoption of a local ordinance that conforms to this subchapter but which contains additional enforcement provisions. (a) A landlord shall accept a tenant's timely cash rental payment unless a written lease between the landlord and tenant requires the tenant to make rental payments by check, money order, or other traceable or negotiable instrument. Acts 2007, 80th Leg., R.S., Ch. (f) If an applicant requests a landlord to mail a refund of the applicant's application fee to the applicant, the landlord shall mail the refund check to the applicant at the address furnished by the applicant. (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. 92.021. 5, eff. (b) A landlord who receives a cash rental payment shall: (1) provide the tenant with a written receipt; and. 92.026. (2) entered into a deferred payment plan that complies with Subsection (l). September 1, 2019. 5, eff. 2, eff. The Patient Protection and Affordable Care Act (PPACA), signed into law on March 23, 2010 (P.L. (f) Affidavits for delay by a landlord under this section must be submitted in good faith. January 1, 2016. (C) taping the notice to the inside of the main entry door of the tenant's dwelling. 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. Acts 1983, 68th Leg., p. 3631, ch. (b) The tenant must file with the justice court in the precinct in which the rental premises are located a sworn complaint specifying the facts of the alleged unlawful utility disconnection by the landlord or the landlord's agent. The fee for service of a show cause order is the same as that for service of a civil citation. 869, Sec. LIABILITY FOR LEASING TO PERSON WITH CRIMINAL RECORD. Sept. 1, 1995. The tenant selection criteria may include factors such as criminal history, credit history, current income, and rental history. 1, eff. Amended by Acts 1997, 75th Leg., ch. (f) A landlord who violates this section is liable to the tenant for actual damages, a civil penalty equal to the amount of one month's rent plus $500, and attorney's fees. June 18, 2005. ALTERNATIVE COMPLIANCE. Acts 2011, 82nd Leg., R.S., Ch. 576, Sec. (b) Notice under this section must be in writing and may be given in person, by mail, or by delivery to the premises. 16, eff. In addition to the straight-time pay, the employee is also entitled to $4.50 (half the regular rate) for each hour over 40 - an additional $22.50 for the 5 overtime hours - for a total of $427.50. (d) The landlord must comply with the tenant's request for inspection or repair of a smoke alarm within a reasonable time, considering the availability of material, labor, and utilities. Read more information on NJ ticket fines and surcharges. A tenant may make an unlimited number of requests under this subsection. (a) In a lawsuit by a tenant under either a written or oral lease for a dwelling or in a suit to enforce a legal obligation of the owner as landlord of the dwelling, the owner's agent for service of process is determined according to this section. September 1, 2021. 92.3515. 92.059 and amended by Acts 1995, 74th Leg., ch. APPLICATION OF OTHER LAW; MUNICIPAL REGULATION. TENANT REMEDIES. Regulations governing child labor in non-farm jobs differ somewhat from those pertaining to agricultural employment. (c) In an action brought by a tenant under this subchapter, the landlord has the burden of proving that the retention of any portion of the security deposit was reasonable. 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. The equal pay provisions of the FLSA prohibit sex-based wage differentials between men and women employed in the same establishment who perform jobs that require equal skill, effort, and responsibility and which are performed under similar working conditions. (a) A landlord that has an on-site management or superintendent's office for a residential rental property must provide to a tenant a telephone number that will be answered 24 hours a day for the purpose of reporting emergencies related to a condition of the leased premises that materially affects the physical health or safety of an ordinary tenant. (b) Except as provided in Subsection (c), a landlord of a tenant who is liable under Subsection (a) may obtain a judgment against the tenant for damages suffered by the landlord because the tenant removed a battery from a smoke alarm without immediately replacing it with a working battery or knowingly disconnected or intentionally damaged the smoke alarm, causing it to malfunction. 869, Sec. 1, eff. 92.352. In such a case, the Department will not seek the same back wages and liquidated damages on that employees behalf. 92.109. 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