texas property code reletting fee texas property code reletting fee

1, eff. 2, eff. 1488), Sec. TENANT'S RIGHT TO SUMMON POLICE OR EMERGENCY ASSISTANCE. Added by Acts 1989, 71st Leg., ch. Sec. Amended as Sec. 1, eff. 10, eff. Amended by Acts 1985, 69th Leg., ch. 2, eff. 1, eff. 629 (S.B. A landlord is entitled to verify the significant financial loss of income in order to determine whether a tenant is entitled to terminate a lease if the tenant has signed a waiver under this section and moves within 30 miles of the dwelling into housing that is not owned or occupied by family or relatives of the tenant or the tenant's dependent. Renumbered from Property Code Sec. (6) unilateral termination of the lease without a court proceeding if the landlord violates Section 92.259(a)(2). (4) establishes, attempts to establish, or participates in a tenant organization. Aug. 31, 1987. 1, eff. If you're "a Continue Reading Pearl York 40 Years of Family Law Practice, now retired. Jan. 1, 1996. September 1, 2017. (d) If a suit is filed in a justice court requesting relief under Subsection (a), the justice court shall conduct a hearing on the request not earlier than the sixth day after the date of service of citation and not later than the 10th day after that date. Sometimes, the law can only be enforced in court. (4) a judgment against the tenant for reasonable attorney's fees. 348 (S.B. Added by Acts 1995, 74th Leg., ch. (3) the landlord is expressly required or permitted to periodically check on the well-being or health of the tenant as a part of a written lease or other written agreement. 576, Sec. 48, Sec. (i) For purposes of Subsections (c) and (c-1), a tenant who is a parent or guardian of a victim described by those subsections must reside with the victim to exercise the rights established by this section. (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. A tenant of a landlord who is liable under Section 92.259 may obtain or exercise one or more of the following remedies: (1) a court order directing the landlord to comply with the tenant's request if the tenant is in possession of the dwelling unit; (2) a judgment against the landlord for damages suffered by the tenant because of the landlord's violation; (3) a judgment against the landlord for a civil penalty of one month's rent plus $100 if the landlord violates Section 92.259(a)(2); (4) a judgment against the landlord for court costs; (5) a judgment against the landlord for attorney's fees in an action under Subdivision (1) or (3); and. Sec. The power system and installation procedure of a security device that is electrically operated rather than battery operated must comply with applicable local ordinances. Sept. 1, 1995; Acts 1995, 74th Leg., ch. September 1, 2007. (2) "Applicant" or "rental applicant" means a person who makes an application to a landlord for rental of a dwelling. 1198 (S.B. 92.1041. EMERGENCY PHONE NUMBER. (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. (a) If a landlord has locked a tenant out of leased premises in violation of Section 92.0081, the tenant may recover possession of the premises as provided by this section. September 1, 2019. (a) A landlord shall make a diligent effort to repair or remedy a condition if: (1) the tenant specifies the condition in a notice to the person to whom or to the place where rent is normally paid; (2) the tenant is not delinquent in the payment of rent at the time notice is given; and, (A) materially affects the physical health or safety of an ordinary tenant; or. A fee may not be applied to a deferred payment plan entered into under this section. Renumbered from Sec. (D) in underlined or bold print, the tenant's right to receive a key to the new lock at any hour, regardless of whether the tenant pays the delinquent rent. (3) "Lease" means any written or oral agreement between a landlord and tenant that establishes or modifies the terms, conditions, rules, or other provisions regarding the use and occupancy of a dwelling. (a) If, at the time of signing a lease or lease renewal, a tenant gives written notice to the tenant's landlord that the tenant does not occupy the leased premises as a primary residence and requests in writing that the landlord send notices to the tenant at the tenant's primary residence and provides to the landlord the address of the tenant's primary residence, the landlord shall mail to the tenant's primary residence: (3) all notices of rental increases at the end of the lease term; and. PERSONAL PROPERTY AND SECURITY DEPOSIT OF DECEASED TENANT. AGENTS FOR DELIVERY OF NOTICE. 1, eff. (b) A landlord's rejection of one co-applicant shall be deemed as a rejection of all co-applicants. If you turn in keys voluntarily you're technically moving out, forcing the landlord to put the unit back on the market, thus breaking the agreement. Jan. 1, 1984. Join thousands of people who receive monthly site updates. (c) Regardless of whether the lease contains language complying with the requirements of Subsection (b), the additional time for landlord compliance provided by Subsection (b) does not apply if at the time the tenant served the written request for compliance on the landlord the tenant informed the landlord that an unauthorized entry occurred or was attempted in the tenant's dwelling, an unauthorized entry occurred or was attempted in another unit in the multiunit complex in which the tenant's dwelling is located during the two months preceding the date of the request, or a crime of personal violence occurred in the multiunit complex in which the tenant's dwelling is located during the two months preceding the date of the request, unless despite the diligence of the landlord: Sec. 576, Sec. (2) more than once during a rental payment period. 332, Sec. Sec. Sept. 1, 1993. Aug. 28, 1995. Jan. 1, 1996. Sec. 630), Sec. (2) for a dwelling unit that is a one-family or two-family dwelling unit, installs smoke detectors in compliance with Chapter 766, Health and Safety Code. Texas Property Code Section 53.156 - Costs and Attorney's Fees Texas Statutes Prop. 12, eff. 2, eff. INVALID COMPLAINTS. 2, eff. Jan. 1, 1996. (d) The writ of restoration of utility service must be served on either the landlord or the landlord's management company, on-premises manager, or rent collector in the same manner as a writ of possession in a forcible detainer suit. 869, Sec. Code Ann. 1, eff. The fee for service of a show cause order is the same as that for service of a civil citation. 10, eff. 257 (H.B. 92.1031. The writ of restoration of utility service must notify the landlord of the right to a hearing. (b) A landlord may require a tenant to pay for repair or replacement of a security device if an underlined provision in a written lease authorizes the landlord to do so and the repair or replacement is necessitated by misuse or damage by the tenant, a member of the tenant's family, an occupant, or a guest, and not by normal wear and tear. (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. Sec. Reletting is a penalty for breaking your lease. Sec. TENANT'S REMEDIES REGARDING REVOCATION OF CERTIFICATE OF OCCUPANCY. 76, Sec. 92.162. 92.103. 48, Sec. 576, Sec. 92.157. Amended by Acts 1989, 71st Leg., ch. TENANT REMEDIES. Amended by Acts 1995, 74th Leg., ch. (2) in the case of a lease other than a lease described by Subdivision (1), on the last day of the month following the month in which the notice under Subsection (c)(1) is delivered. (3) including the information in a copy of the tenant's lease or in written rules given to the tenant before the tenant requests the information. Renumbered from Property Code Sec. 375), Sec. Amended by Acts 1993, 73rd Leg., ch. Amended by Acts 1989, 71st Leg., ch. The landlord has a defense to liability under Section 92.164 if: (1) the tenant has not fully paid all rent then due from the tenant on the date the tenant gives a request under Section 92.157(c) or the notice required by Section 92.164; or. 744, Sec. (a) A party who prevails in a suit brought under this subchapter or Subchapter B, E, or F may recover the party's costs of court and reasonable attorney's fees in relation to work reasonably expended. 92.001. (b) If a rental applicant requests that any acceptance of the applicant or any refund of the applicant's application deposit be mailed to the applicant, the landlord must mail the refund check to the applicant at the address furnished by the applicant. (B) a peephole having a barrel with a one-way lens of glass or other substance providing an angle view of not less than 160 degrees. In Texas the re-let fee cannot exceed 85 percent of your monthly rent. Added by Acts 2015, 84th Leg., R.S., Ch. 92.010 by Acts 1995, 74th Leg., ch. (2) "Landlord" means the owner, lessor, or sublessor of a dwelling, but does not include a manager or agent of the landlord unless the manager or agent purports to be the owner, lessor, or sublessor in an oral or written lease. (d) A landlord of a tenant who is liable under Subsection (a) may obtain or exercise one or more of the remedies in Subsection (e) if: (1) a lease between the landlord and tenant contains a notice, in underlined or boldfaced print, which states in substance that the tenant must not disconnect or intentionally damage a smoke alarm or remove the battery without immediately replacing it with a working battery and that the tenant may be subject to damages, civil penalties, and attorney's fees under Section 92.2611 of the Property Code for not complying with the notice; and. 2, eff. 1420, Sec. 92.016. The term does not include dates of entry or occupation not authorized by the landlord. 576, Sec. Check your specific lease agreement or renewal for your amount. LANDLORD AFFIDAVIT FOR DELAY. 1, eff. NONRETALIATION. (c) A smoke alarm may be located other than as required by Subsection (a) or (b) if a local ordinance or a local or state fire marshal approves. 869, Sec. (d) A landlord who fails either to return a security deposit or to provide a written description and itemization of deductions on or before the 30th day after the date the tenant surrenders possession is presumed to have acted in bad faith. (c) If a security device required by Section 92.153 to be installed on or after January 1, 1995, without necessity of a tenant's request has not been installed by the landlord, the tenant may request the landlord to immediately install it, and the landlord shall immediately install it at the landlord's expense. But depending on the contract that you have signed, you might have to pay some additional fees or some charges for ending your lease early. 92.002. Added by Acts 1993, 73rd Leg., ch. 1367), Sec. 3101), Sec. Sec. 918, Sec. Paying out-of-pocket - Lease agreements often include penalties and fees for breaking a lease. 1112 (H.B. September 1, 2011. (2) the landlord does not install, inspect, or repair the smoke alarm on or before the seventh day after the date the tenant gives the landlord written notice that the tenant may exercise his remedies under this subchapter if the landlord does not comply with the request within seven days. 9, eff. Acts 2009, 81st Leg., R.S., Ch. In addition to court costs and reasonable attorney's fees, a tenant who prevails under this subsection may recover from the landlord the greater of one month's rent or $500 for each violation of this section. (b) A landlord shall perform additional rekeying or change a security device at the tenant's expense if requested by the tenant. (b) Notice under this section must be in writing and may be given in person, by mail, or by delivery to the premises. 3, eff. (a) A landlord may not retaliate against a tenant by taking an action described by Subsection (b) because the tenant: (1) in good faith exercises or attempts to exercise against a landlord a right or remedy granted to the tenant by lease, municipal ordinance, or federal or state statute; (2) gives a landlord a notice to repair or exercise a remedy under this chapter; (3) complains to a governmental entity responsible for enforcing building or housing codes, a public utility, or a civic or nonprofit agency, and the tenant: (A) claims a building or housing code violation or utility problem; and, (B) believes in good faith that the complaint is valid and that the violation or problem occurred; or. Sept. 1, 1997. (d) Termination of a lease under this section is effective: (1) in the case of a lease that provides for monthly payment of rent, on the 30th day after the first date on which the next rental payment is due after the date on which the notice under Subsection (c)(1) is delivered; or. 744, Sec. Sec. Sec. (j) If a tenant in bad faith files a sworn complaint for restoration of utility service resulting in a writ being served on the landlord or landlord's agent, the landlord may in a separate cause of action recover from the tenant an amount equal to actual damages, one month's rent or $500, whichever is greater, reasonable attorney's fees, and costs of court, less any sums for which the landlord is liable to the tenant. Most leases in Texas are written for initial fixed terms, usually 12 months. 92.351. If, after a landlord has notified a tenant in writing of (1) the illegality of the tenant's rent withholding or the tenant's proposed repair and (2) the penalties of this subchapter, the tenant withholds rent, causes repairs to be performed, or makes rent deductions for repairs in bad faith violation of this subchapter, the landlord may recover from the tenant a civil penalty of one month's rent plus $500. Added by Acts 2021, 87th Leg., R.S., Ch. (2) an earlier date agreed to by the landlord and the tenant. 348 (S.B. (b) If at the time a lease agreement is executed a landlord has vehicle towing or parking rules or policies that apply to the tenant, the landlord shall provide to the tenant a copy of the rules or policies before the lease agreement is executed. The notice must be given at the time of the reduced rent payment. (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. (2) a door viewer if the door does not have a door viewer. (2) the landlord is required to repair or replace the fire extinguisher within a reasonable time if the tenant pays in advance the reasonable repair or replacement cost, including labor, materials, taxes, and overhead. SUBCHAPTER E. DISCLOSURE OF OWNERSHIP AND MANAGEMENT. If the lease is in writing and is not in violation of Section 92.006, the tenant's proof of a knowing violation must be clear and convincing. Acts 1983, 68th Leg., p. 3639, ch. 2, eff. September 1, 2019. 1367), Sec. Added by Acts 1989, 71st Leg., ch. January 1, 2008. Sept. 1, 1993. (3) a nursing or convalescent home licensed by the Department of State Health Services and certified to meet the Life Safety Code under federal law and regulations. 3, eff. (g) A tenant's right to terminate a lease before the end of the lease term, vacate the dwelling, and avoid liability under this section may not be waived by a tenant. Sept. 1, 1999. (ii) the interior of the unit provides access for building wiring through an attic, crawl space, or basement without the removal of interior walls or ceiling finishes; (2) an addition occurs to the unit at a projected cost of more than $5,000; (3) a smoke alarm powered by alternating current was actually installed in the unit at any time prior to September 1, 1987; or. (b) A management company or managing agent who is not the owner of a dwelling and who has not purported to be the owner in the lease has a defense to liability under Sections 92.164 and 92.165 if before the date the tenant is in possession of the dwelling or the date of the tenant's request for installation, repair, replacement, change, or rekeying and before any property damage or personal injury to the tenant, the management company or managing agent: (1) did not have funds of the dwelling owner in its possession or control with which to comply with this subchapter; (2) made written request to the dwelling owner that the owner fund and allow installation, repair, change, replacement, or rekeying of security devices as required under this subchapter and mailed the request, certified mail return receipt requested, to the dwelling owner; and. Sec. 1, eff. (g) If the landlord is liable to the tenant under Section 92.056 and if a new landlord, in good faith and without knowledge of the tenant's notice of intent to repair, has acquired title to the tenant's dwelling by foreclosure, deed in lieu of foreclosure, or general warranty deed in a bona fide purchase, then the following shall apply: (1) The tenant's right to terminate the lease under this subchapter shall not be affected, and the tenant shall have no duty to give additional notice to the new landlord. Original Source: (d) A landlord may not continue to prosecute and a court shall abate an action to enforce the lease, other than an action for nonpayment of rent, only until the landlord provides to a tenant a complete copy of the lease if the tenant submits to the court evidence in a plea in abatement or otherwise that the landlord failed to comply with Subsection (a) or (b). 92.257. This subchapter does not affect a duty of a landlord or a remedy of a tenant under Subchapter B regarding habitability. 1862), Sec. A landlord who issues a parking permit to a tenant: (1) must issue the permit for a term that is coterminous with the tenant's lease term; and. (b) The landlord shall determine that the smoke alarm is in good working order at the beginning of the tenant's possession by testing the smoke alarm with smoke, by operating the testing button on the smoke alarm, or by following other recommended test procedures of the manufacturer for the particular model. Jan. 1, 1984. This duty does not exist with respect to damage or a malfunction caused by the tenant, the tenant's family, or the tenant's guests or invitees during the term of the lease or a renewal or extension, except that the landlord has a duty to repair or replace the smoke alarm if the tenant pays in advance the reasonable repair or replacement cost, including labor, materials, taxes, and overhead. 92.202. LANDLORD'S FAILURE TO CORRECT INFORMATION. 1072 (H.B. (2) sign a statement authorizing the landlord in the event of the tenant's death to: (A) grant to the person designated under Subdivision (1) access to the premises at a reasonable time and in the presence of the landlord or the landlord's agent; (B) allow the person designated under Subdivision (1) to remove any of the tenant's property found at the leased premises; and. January 1, 2010. 469 (H.B. Section 92.259 of the Texas Property Code This section allows a tenant whose landlord did not install, inspect, or repair a smoke alarm in accordance with the law the right to break the lease without going to court. Sec. 4, eff. (c) If a landlord or a landlord's agent changes the door lock of a tenant who is delinquent in paying rent, the landlord or the landlord's agent must place a written notice on the tenant's front door stating: (1) an on-site location where the tenant may go 24 hours a day to obtain the new key or a telephone number that is answered 24 hours a day that the tenant may call to have a key delivered within two hours after calling the number; (2) the fact that the landlord must provide the new key to the tenant at any hour, regardless of whether or not the tenant pays any of the delinquent rent; and. Sec. Sept. 1, 1993; Acts 1995, 74th Leg., ch. Texas Property Code Ann. Jan. 1, 1996. (c) A tenant who terminates a lease under Subsection (b) shall deliver to the landlord or landlord's agent: (1) a written notice of termination of the lease; and. Sec. (B) 48 inches from the floor, if installed on or after September 1, 1993. 4, eff. 165, Sec. 92.021. 1, eff. Jan. 1, 1984. 744, Sec. 92.333 by Acts 1997, 75th Leg., ch. Amended by Acts 1989, 71st Leg., ch. INTERRUPTION OF UTILITIES. (B) if the report or record described by Paragraph (A) identifies the victim by means of a pseudonym, as defined by Article 58.001, Code of Criminal Procedure, a copy of a pseudonym form completed and returned under Article 58.152(a) of that code. (b) A tenant may, without request from the landlord, provide the landlord with the information in Subsection (a). Aug. 28, 1989. Sec. REMOVAL OF PROPERTY AND EXCLUSION OF RESIDENTIAL TENANT. (B) does not increase the guarantor's potential financial obligation for rent that existed under the original lease. Basically, it's the part of the Texas property code that states that the landlord must do their due diligence to rent out the home to someone else to "mitigate damages". 92.334. 1, eff. 917 (H.B. 744, Sec. Sec. Jan. 1, 1996. Added by Acts 1993, 73rd Leg., ch. (2) enter the payment date and amount in a record book maintained by the landlord. Jan. 1, 1996. A repair bill and receipt may be the same document. (3) the tenant is entitled to any defenses to payment against the insurer as against the landlord. Acts 2017, 85th Leg., R.S., Ch. The duties of a landlord and the remedies of a tenant under this subchapter are in lieu of the common law, other statutory law, and local ordinances relating to the disclosure of ownership and management of a dwelling by a landlord to a tenant. Is subletting legal in North Carolina? NOTICE FOR TERMINATING CERTAIN TENANCIES. 92.206. 3, eff. You are obligated to pay whatever the move out notice indicates, which you signed and, apparently, agreed to, for each and every month until the apartment is rented to a new tenant or until the date your lease expires, whichever comes first. 650, Sec. 91.001. 5, eff. (d) This section does not affect the obligations or liability of the tenant or the tenant's estate under the lease before the lease is terminated under this section, including the liability of the tenant or the tenant's estate for: (2) damages to the leased premises not caused by normal wear and tear. (2) actual expenses incurred by the landlord in securing the replacement, including a reasonable amount for the time of the landlord in securing the replacement tenant. 92.261. Your written termination notice must include payment of the reletting fee listed in paragraph 28 of your lease agreement. (c) A security device required by Subsection (a) or (b) must be installed at the landlord's expense. Texas Rules on Cash Rental Payments 92.206. However, a landlord may deactivate or remove the locking mechanism of a doorknob lock or remove any device not qualifying as a keyless bolting device if a keyed dead bolt has been installed on the same door. The landlord has the burden of proving that the tenant received a copy of the rule or policy change. The notice must include the following text in both English and Spanish: "Notice to residents of (name and address of nonsubmetered master metered multifamily property): Electric (or gas) service to this property is scheduled for disconnection on (date) because (reason for disconnection).". (i) If the landlord or the person on whom a writ of restoration of utility service is served fails to immediately comply with the writ or later disobeys the writ, the failure is grounds for contempt of court against the landlord or the person on whom the writ was served under Section 21.002, Government Code. (h) A tenant may not waive a tenant's right to terminate a lease before the end of the lease term, vacate the dwelling, and avoid liability under this chapter. A landlord's duty to install a smoke alarm under Subchapter F may not be waived, nor may a tenant waive a remedy for the landlord's noninstallation or waive the tenant's limited right of installation and removal. Sec. 31.01(71), eff. 2.28, eff. (i) A landlord is subject to the tenant remedies provided by Section 92.164(a)(4) if the landlord: (1) deactivates or does not install a keyless bolting device, claiming an exemption under Subsection (e), (f), or (g); and. Sec. 1, eff. (c) This section does not apply to or affect a local ordinance governing a landlord's obligation to provide a 24-hour emergency contact number to a tenant that is adopted before January 1, 2008, if the ordinance conforms with or is amended to conform with this section. APPLICATION. (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. Sept. 1, 1995. (2) The tenant has given notice to the landlord as required by Section 92.056(b)(1), and, if required, a subsequent notice under Section 92.056(b)(3), and at least one of those notices states that the tenant intends to repair or remedy the condition. (g) Except as provided by Subsection (h), a fee collected under this section is a security deposit for purposes of this chapter. Jan. 1, 1996. January 1, 2016. January 1, 2016. (2) 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 Section 92.258. Texas Homes Realty & Management_ 633 E. Fernhurst Dr., Suite 701, Katy, TX 77450 (281) 646-9929 Office (281) 667-3247 Fax www.texashomesrealty.com Re: Reletting Charge. 18 (S.B. 576, Sec. (3) For conditions other than those specified in Subdivision (2) of this subsection, if the new landlord acquires title as described in this subsection and has notified the tenant of the name and address of the new landlord or the new landlord's authorized agent and if the tenant has not already contracted for the repair or remedy at the time the tenant is so notified, the tenant must deliver to the new landlord a written notice of intent to repair or remedy the condition, and the new landlord shall have a reasonable time to complete the repair before the tenant may repair or remedy the condition. 5, eff. (h) A tenant's right to a jury trial in an action brought under this chapter may not be waived in a lease or other written agreement. Following delivery of the affidavit, the landlord must continue diligent efforts to repair or remedy the condition. (a) The applicant is deemed rejected by the landlord if the landlord does not give notice of acceptance of the applicant on or before the seventh day after the: (1) date the applicant submits a completed rental application to the landlord on an application form furnished by the landlord; or. (c) The expense of rekeying security devices for purposes of the use or change of the landlord's master key must be paid by the landlord. 576, Sec. (2) the fee is used to purchase insurance coverage for damages and unpaid rent for which the tenant is legally liable under the lease or as a result of breaching the lease. 1, eff. (1) fail to give written move-out notice as required in paragraphs 23 or 37; or. 92.060. (4) documentation of a protective order issued under Subchapter A, Chapter 7B, Code of Criminal Procedure, except for a temporary ex parte order. Acts 2019, 86th Leg., R.S., Ch. 17.01(44), eff. 1198 (S.B. 3, eff. Sept. 1, 1999. They must notify the landlord in writing of their wish to have the smoke alarm installed or repaired before doing so. Sec. Aug. 28, 1989. (3) tested and listed for use as a smoke alarm by Underwriters Laboratories, Inc., Factory Mutual Research Corporation, or United States Testing Company, Inc. (a-1) If requested by a tenant as an accommodation for a person with a hearing-impairment disability or as required by law as a reasonable accommodation for a person with a hearing-impairment disability, a smoke alarm must, in addition to complying with Subsection (a), be capable of alerting a hearing-impaired person in the bedrooms it serves. Sec. 1186), Sec. (g) A smoke alarm that is in good working order at the beginning of a tenant's possession is presumed to be in good working order until the tenant requests repair of the smoke alarm as provided by this subchapter. 92.058. 576, Sec. (2) United States mail, addressed to the applicant and postmarked on or before the required date. Added by Acts 2019, 86th Leg., R.S., Ch. LIABILITY FOR WITHHOLDING LAST MONTH'S RENT. 600 (H.B. (b) If the landlord secures the replacement tenant, the landlord may retain and deduct from the security deposit or rent prepayment either: (1) a sum agreed to in the lease as a lease cancellation fee; or.