Tenant damaged the smoke alarm. What remedies are available to the landlord?
Full Question:
My lousy tenant shot his smoke alarm during a fight with his friend. I had sent him a notice to fix it asap, but he has budged. What do I do in this situation?
02/13/2017 |
Category: Landlord Ten... ยป Repairs |
State: Texas |
#32055
Answer:
- seek an order from the court directing the tenant to comply with the landlord’s notice
- Obtain one month's rent plus $ 100 from the tenant
- Obtain court costs
- Obtain reasonable attorney's fees.The relevant statutory provision in this regard is stated below.
“(a) A tenant is liable according to this subchapter if the tenant removes a battery from a smoke alarm without immediately replacing it with a working battery or knowingly disconnects or intentionally damages a smoke alarm, causing it to malfunction.
(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) 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.
(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.
(e) If a tenant is liable under Subsection (a) and the tenant does not comply with the landlord's notice under Subsection (d), the landlord shall have the following remedies against the tenant:
(1) a court order directing the tenant to comply with the landlord's notice;
(2) a judgment against the tenant for a civil penalty of one month's rent plus $ 100;
(3) a judgment against the tenant for court costs; and
(4) a judgment against the tenant for reasonable attorney's fees.”
