If the salary is for a half month, it must be multiplied by 24 and the product divided by 52 weeks to get the weekly equivalent. The written notice must include the customer's contact information and the tenant's remedies under Section 92.301. (a) A landlord has a defense to liability under Section 92.165 if 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 this subchapter. 1, eff. (d) A landlord authorized by this subchapter to charge a tenant for repairing, installing, changing, or rekeying a security device under this subchapter may not require the tenant to pay more than the total cost charged by a third-party contractor for material, labor, taxes, and extra keys. January 1, 2008. 1, eff. The fee for service of a writ of reentry is the same as that for service of a writ of possession. 576, Sec. Added by Acts 2015, 84th Leg., R.S., Ch. (a) In this section, "occupant" has the meaning assigned by Section 92.016. Each type of truck presents different operating hazards. (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). If a landlord offers a tenant the option of paying a fee in lieu of a security deposit, the landlord: (1) shall offer the tenant the option to instead pay a security deposit; and. (l) This section does not affect the ability of a landlord to pursue other available remedies, including the remedies provided by Chapter 24. Renumbered from Sec. 5, eff. The regular rate of pay for that week is $405 divided by 45, or $9.00 an hour. 5, eff. (C) the landlord, prior to the date of discarding the property, has not been contacted by anyone claiming the property. 4, eff. (2) more than once during a rental payment period. If you have a driver license from another country you do not need to have an International Driving Permit, but it is helpful. Straight news and highlights without the noise. Redesignated from Property Code Sec. (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. Amended by Acts 1995, 74th Leg., ch. 650, Sec. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 531), Sec. 3, eff. TENANT'S RIGHT TO SUMMON POLICE OR EMERGENCY ASSISTANCE. Acts 1983, 68th Leg., p. 3635, ch. 394 (H.B. Certain commissioned employees of retail or service establishments; auto, truck, trailer, farm implement, boat, or aircraft sales-workers; or parts-clerks and mechanics servicing autos, trucks, or farm implements, who are employed by non-manufacturing establishments primarily engaged in selling these items to ultimate purchasers; Employees of railroads and air carriers, taxi drivers, certain employees of motor carriers, seamen on American vessels, and local delivery employees paid on approved trip rate plans; Announcers, news editors, and chief engineers of certain non-metropolitan broadcasting stations; Domestic service workers living in the employers residence; Employees of motion picture theaters; and. (a) If a landlord has interrupted utility service in violation of Section 92.008, the tenant may obtain relief as provided by this section. In this subchapter: (1) "Doorknob lock" means a lock in a doorknob, with the lock operated from the exterior by a key, card, or combination and from the interior without a key, card, or combination. (d-1) The notice in Subsection (d)(2) must be in a separate document furnished to the tenant after the landlord has discovered that the tenant has disconnected or damaged the smoke alarm or removed a battery from it. Acts 1983, 68th Leg., p. 3632, ch. (3) the tenant is entitled to any defenses to payment against the insurer as against the landlord. 3, eff. 11, eff. Acts 2007, 80th Leg., R.S., Ch. 1399), Sec. Sec. (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. 1, eff. (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. 1, eff. 324 (S.B. 7, eff. (4) a temporary residential tenancy created by a contract for sale in which the buyer occupies the property before closing or the seller occupies the property after closing for a specific term not to exceed 90 days. 576, Sec. (b) The notice must be given in person or by mail to the affected tenant. Added by Acts 1989, 71st Leg., ch. (a) At the time an applicant is provided with a rental application, the landlord shall make available to the applicant printed notice of the landlord's tenant selection criteria and the grounds for which the rental application may be denied, including the applicant's: (5) failure to provide accurate or complete information on the application form. Sec. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. Sept. 1, 1993; Acts 1995, 74th Leg., ch. DMV Electronic Voter Registration Application; Contact or Visit. ALTERNATIVE COMPLIANCE. (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. (d) If there is more than one tenant on a lease, the landlord is not required under this section to send notices to the primary residence of more than one tenant. Otherwise, this subchapter does not affect any other right of a landlord or tenant under contract, statutory law, or common law that is consistent with the purposes of this subchapter or any right a landlord or tenant may have to bring an action for personal injury or property damage under the law of this state. Sec. Sec. 1, eff. The Patient Protection and Affordable Care Act (PPACA), signed into law on March 23, 2010 (P.L. 16, Sec. (e) A landlord and a tenant may agree for the tenant to repair or remedy, at the tenant's expense, any condition covered by Subchapter B if all of the following conditions are met: (1) at the beginning of the lease term the landlord owns only one rental dwelling; (2) at the beginning of the lease term the dwelling is free from any condition which would materially affect the physical health or safety of an ordinary tenant; (3) at the beginning of the lease term the landlord has no reason to believe that any condition described in Subdivision (2) of this subsection is likely to occur or recur during the tenant's lease term or during a renewal or extension; and. Employers are prohi-bited from taking any action to displace employees in order to hire employees at the youth minimum wage. Sec. (b) At a minimum, an inspection under this section must include: (1) checking to ensure the fire extinguisher is present; and. (B) 48 inches from the floor, if installed on or after September 1, 1993. The landlord's duty of inspection and repair of smoke alarms under Subchapter F may be waived only by written agreement. they work a total of more than 8 hours a week for one or more employers. Jan. 1, 1984. 31.01(71), eff. 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. The FLSA provides that DOL may seek a U.S. District Court order to prevent the shipment of the affected goods. Jan. 1, 1984. January 1, 2010. There are other ways that your points come off your New Jersey drivers license. Sept. 1, 1993; Acts 1995, 74th Leg., ch. Get breaking news stories and in-depth coverage with videos and photos. (f) The closing of a rental unit does not prohibit the occupancy of other apartments, nor does this subchapter prohibit occupancy of or utility service by master or individual meter to other rental units in an apartment complex that have not been closed under this section. 1112 (H.B. (b) Except as provided by Subsection (a), a dwelling to which this subchapter applies includes: (1) a room in a dormitory or rooming house; (3) a single family house, duplex, or triplex; and. 869, Sec. DEFINITIONS. Acts 2015, 84th Leg., R.S., Ch. (5) "Premises" means a tenant's rental unit, any area or facility the lease authorizes the tenant to use, and the appurtenances, grounds, and facilities held out for the use of tenants generally. Jan. 1, 1996. 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. Such employment is permitted only under certificates issued by WHD. (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. (e) If a rule or policy change is made during the term of the lease agreement, the change: (A) apply to all of the landlord's tenants in the same multiunit complex and be based on necessity, safety or security of tenants, reasonable requirements for construction on the premises, or respect for other tenants' parking rights; or, (B) be adopted based on the tenant's written consent; and. Acts 2019, 86th Leg., R.S., Ch. (6) "Tenant" means a person who is authorized by a lease to occupy a dwelling to the exclusion of others and, for the purposes of Subchapters D, E, and F, who is obligated under the lease to pay rent. 92.107. Sec. If neither box is checked, you should assume the dwelling is in a 100-year floodplain. (c) The justice, county, and district courts have concurrent jurisdiction in an action under Subsection (a). 826, Sec. 650, Sec. EMERGENCY PHONE NUMBER. 234), Sec. September 1, 2019. 92.007. See OSHA's Workers' Rights page for more information on rights and protections. 576, Sec. 1, eff. Get the latest international news and world events from Asia, Europe, the Middle East, and more. 4, eff. 92.258. A landlord has a defense to liability under Section 92.202 or 92.203 if the tenant owes rent on the date the tenant gives a notice required by either of those sections. (2) checking to ensure the fire extinguisher gauge or pressure indicator indicates the correct pressure as recommended by the manufacturer of the fire extinguisher. (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. If the landlord has already submitted to the insurer a claim for the voided indebtedness, the claim must be withdrawn. (f) A tenant who terminates a lease under Subsection (b) is released from all liability for any delinquent, unpaid rent owed to the landlord by the tenant on the effective date of the lease termination if the lease does not contain language substantially equivalent to the following: "Tenants may have special statutory rights to terminate the lease early in certain situations involving family violence or a military deployment or transfer.". Powered industrial trucks, commonly called forklifts or lift trucks, are used in many industries, primarily to move materials. 92.202. TENANT REMEDIES. 1, eff. Sec. All employees who work for the covered employer, regardless of work site, are counted when determining whether this exemption may apply. .cd-main-content p, blockquote {margin-bottom:1em;} (5) unilateral termination of the lease without a court proceeding. (d) A provision of a lease that purports to waive a right or exempt a party from a liability or duty under this section is void. 92.013. 576, Sec. January 1, 2010. (b) If the tenant or the tenant's invited guest removes, misuses, damages, or otherwise disables a fire extinguisher: (1) the landlord is not required to repair or replace the fire extinguisher at the landlord's expense; and. Amended by Acts 1993, 73rd Leg., ch. 1072 (H.B. 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) explaining the remedies available to the tenant for the landlord's failure to comply. (2) "Nonsubmetered master metered multifamily property" means an apartment, a leased or owner-occupied condominium, or one or more buildings containing at least 10 dwellings that receive electric utility service or gas utility service that is master metered but not submetered. Sept. 1, 1993. Sec. 1, eff. Added by Acts 2011, 82nd Leg., R.S., Ch. 469 (H.B. January 1, 2008. Amended by Acts 1993, 73rd Leg., ch. 629 (S.B. Password requirements: 6 to 30 characters long; ASCII characters only (characters found on a standard US keyboard); must contain at least 4 different symbols; (b) If the landlord does not provide a written explanation for delay in performing a duty to repair or remedy on or before the fifth day after receiving from the tenant a written demand for an explanation, the landlord has the burden of proving that he made a diligent effort to repair and that a reasonable time for repair did not elapse. (a) For purposes of this section: (1) "Family violence" has the meaning assigned by Section 71.004, Family Code. 16, eff. Sec. 1, eff. (h) Repairs made pursuant to the tenant's notice must be made in compliance with applicable building codes, including a building permit when required. 4, eff. Amended by Acts 2003, 78th Leg., ch. 1-866-4-US-WAGE Also, employees must retain all of their tips, except to the extent that they participate in a valid tip pooling or sharing arrangement. (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. (4) a judgment against the tenant for reasonable attorney's fees. Sept. 1, 2003. general restrictions for learner permit holders, the Graduated Driver License (GDL) Law and drivers under age 18, Website accessibility practices and procedures, have avalid New York State driver license or learner permit, or, a valid driver license or permit issued by another state or country, your out-of-state learner permit is valid outside the issuing state, you obey all restrictions of the state that issued the learner permit and, if you are under age 18, the additional restrictions explained in. 92.166. 1367), Sec. (f) If the landlord fails to request a hearing on the tenant's sworn complaint for reentry before the eighth day after the date of service of the writ of reentry on the landlord under Subsection (d), a judgment for court costs may be rendered against the landlord. (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. 92.263. Please check the opt-in box to acknowledge that you would like to subscribe. Under this agreement, the regular rate will vary in overtime weeks. The screw hooks must be at least three inches in length and must be screwed into the door frame stud or wall stud on each side of the door. Acts 1983, 68th Leg., p. 3650, ch. Misuse of or damage to a security device that occurs during the tenant's occupancy is presumed to be caused by the tenant, a family member, an occupant, or a guest. 92.056. (2) a sliding door handle latch or sliding door security bar if the door is an exterior sliding glass door without a sliding door handle latch or sliding door security bar. September 1, 2011. 1168), Sec. 92.156. HEIGHT REQUIREMENTS--SLIDING DOOR SECURITY DEVICES. 1, Sept. 1, 1995. (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. 576, Sec. Added by Acts 2005, 79th Leg., Ch. 1, eff. 869, Sec. Acts 2007, 80th Leg., R.S., Ch. (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. Acts 2015, 84th Leg., R.S., Ch. 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. Duties of drivers involved in accident resulting in death or personal injury; moving or removing vehicles. 48, Sec. Wages required by the FLSA are due on the regular payday for the pay period covered. 869, Sec. The permit verifies in several languages that you have a valid driver license. (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. The tenant shall have the burden of pleading and proving a knowing violation. 1, eff. 744, Sec. 92.051. Sec. 794, Sec. Sec. Sec. (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. (2) enter the payment date and amount in a record book maintained by the landlord. 5, eff. (c) A tenant is not liable for damages suffered by the landlord if the damage is caused by the landlord's failure to repair the smoke alarm within a reasonable time after the tenant requests it to be repaired, considering the availability of material, labor, and utilities. The landlord may file subsequent affidavits, provided that the total delay of the repair or remedy extends no longer than six months from the date the landlord delivers the first affidavit to the tenant. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 5, eff. 2, eff. (c) When deducting for the tenant's payment of the landlord's utility bill under this section, the tenant shall submit to the landlord a copy of a receipt from the utility company which evidences the amount of payment made by the tenant to reconnect or avert cutoff of utilities. That means the impact could spread far beyond the agencys payday lending rule. Sept. 1, 2001. 576, Sec. 3, eff. January 1, 2014. (C) damage the property of the landlord, other tenants, or neighbors. (b) An eviction or lease termination based on the following circumstances, which are valid grounds for eviction or lease termination in any event, does not constitute retaliation: (1) the tenant is delinquent in rent when the landlord gives notice to vacate or files an eviction action; (2) the tenant, a member of the tenant's family, or a guest or invitee of the tenant intentionally damages property on the premises or by word or conduct threatens the personal safety of the landlord, the landlord's employees, or another tenant; (3) the tenant has materially breached the lease, other than by holding over, by an action such as violating written lease provisions prohibiting serious misconduct or criminal acts, except as provided by this section; (4) the tenant holds over after giving notice of termination or intent to vacate; (5) the tenant holds over after the landlord gives notice of termination at the end of the rental term and the tenant does not take action under Section 92.331 until after the landlord gives notice of termination; or. 302), Sec.
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