的 关于租金淹水披露的附录 符合1月1日生效的披露要求.
在第87届德州议会期间, a change in law passed that requires landlords to give notice to prospective residential tenants whether they are aware that the rental dwelling is located in a 100-year floodplain or whether the rental dwelling has flooded during the past five years.
德州2021十大正规彩票app经纪人®创建了 关于租金淹水披露的附录 (TXR 2015)以满足要求的披露. 从2022年1月1日起，必须使用该表格. 以下是有关新表格的问题答案.
什么时候必须提供附录?
的 关于租金淹水披露的附录 适用于房东, who are required to provide the addendum to a tenant at or before the execution of the lease.
我可以代表业主填写并签署附录吗?
Agents and brokers should not help landlords fill out the addendum because doing so can increase their liability. 也, brokers and agents have a duty to disclose material facts they know about the property but are not required to do additional research for the purpose of making disclosures on properties they represent.
Is the addendum required if the property is not in a 100-year floodplain and has never flooded?
是的. Landlords can indicate in the addendum that they are not aware that a dwelling is located in a 100-year floodplain or that they are not aware that the dwelling has flooded at least once within the last five years. 然而, a landlord is not required to disclose on the addendum that the landlord is aware that a dwelling is located in a 100-year floodplain if the elevation of the dwelling is raised above the 100-year floodplain flood levels in accordance with federal regulations.
Do I have to provide the addendum when extending a lease or when a lease automatically renews to a month-to-month?
对于在通知要求(1月1日)之前执行的租赁, 2022), 业主应提供 关于租金淹水披露的附录 在延长租约或自动续订租约时, 因为这将是第一次提出修正案. 的 addendum is not required for extensions or automatic renewals on any lease where the amendment was previously given on or before the execution of the lease. 租赁延期表是对租赁合同的修改, 续期是自动的, 这意味着在任何一个实例中都不会再执行租约.
If a new lease is signed between the same landlord and tenants and the addendum was provided with a previous lease, does the landlord need to provide another addendum if nothing has changed?
是的. 因为一份新租约正在执行, the addendum should be provided irrespective of whether the previous information has changed.
附录A部分的“百年洪泛平原”是什么意思?
的 term “100-year floodplain” is defined as any area of land designated as a flood hazard area with a 1% or greater chance of flooding each year by the Federal Emergency Management Agency (FEMA) under the National Flood Insurance Act of 1968. 联邦应急管理局在其网站上保留了一张洪水地图，可以通过地址进行搜索, where a landlord can determine if a dwelling is located in a flood hazard area.
附录B部分的“洪水”是什么意思?
Flooding is defined as a general or temporary condition of partial or complete inundation of a dwelling caused by any of the following:
- 内陆水或潮汐水的溢出
- 的 unusual and rapid accumulation of runoff or surface waters from any established water source such as a river, 流, 或排水沟
- 过多的雨水.
What happens if the landlord fails to provide the addendum and the dwelling floods?
第92节.0135 of the Texas Property Code states that if the landlord fails to provide the required notice and a tenant suffers a substantial loss or damage to their personal property, then the tenant may terminate the lease by giving a written notice of termination to the landlord no later than 30 days after the date the loss or damage occurred. Substantial loss means that the cost of repairing or replacing the personal property equals 50% or more of the personal property’s market value when the flooding occurred. 然而, the termination would not affect a tenant’s liability for delinquent rent, 未付租金, or other sums owed to the landlord before the date the lease was terminated by the tenant.