It is the landlord’s choice whether to even offer a fee in lieu of a security deposit.

德州2021十大正规彩票app经纪人® 发布 new and revised forms effective July 8, including the 关于代替保证金的费用的附录 (TXR 2018). This leasing and property management form allows the landlord and tenant to agree to a recurring monthly fee instead of a security deposit. 以下是关于这种新形式的问题的答案.

是什么? 关于代替保证金的费用的附录 我必须使用它吗?

表单是可选的. The Texas Legislature passed a bill to allow landlords to accept a monthly fee from a tenant instead of charging a security deposit. 这个表单提供了这个. It is optional for the landlord to even offer that option to tenants. Such a fee is monthly and non-refundable and payable at the same time as the rent. The agreement to pay a fee in lieu of a security deposit must be in writing and signed by the landlord and tenant. A landlord may not use a prospective tenant’s choice to pay a fee or security deposit in the determination of whether to approve a lease applicant.

What happens if tenants change their mind and want to pay the security deposit?

Even if the landlord and tenant agree to the fee in lieu of a security deposit, the tenant has the option to terminate the agreement to pay the fee at any time. The tenant would then pay a security deposit equal to that offered to new tenants for similar housing on the date the tenant chooses to pay the security deposit.

业主可以用这笔费用做什么?

The landlord can use the fee to purchase insurance coverage for damages and charges for which the tenant is liable or for breaching the lease. 然而, the fee does not include insurance that covers the tenant or changes the tenant’s obligation to pay rent and damages beyond normal wear and tear.

A landlord may not submit a claim for damages or unpaid rent to an insurer for insurance payout 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
  • Includes in the notice a written description and itemized list of all damages, 如果有任何, 还有未付的租金, 如果有任何, 包括房租到期的日期.

If the tenant challenges the claim for damages or unpaid rent and that challenge results in a determination by the landlord or by a court that the notice of indebtedness is incorrect, the indebtedness is void and the landlord may not file an insurance claim for the insurance in the amount of the voided indebtedness. If the landlord has already submitted to the insurer a claim for the voided indebtedness, 索赔必须撤回. If the insurance company has already paid the landlord for the invalidated claim, 房东必须退还房款.

Can a landlord collect an insurance payout and still pursue the tenant for unpaid fees or charges dues under the lease?

No. If an insurer compensates a landlord for a tenant’s damages or unpaid rent, the landlord may not seek or collect reimbursement from the tenant for the amounts that the insurer paid to the landlord.

业主可否收取任何费用?

No. A landlord may not charge the tenant a fee that is more than the reasonable cost of obtaining and administering the insurance for damages and charges for which the tenant is liable.