(e) A fee collected under this section may be used to purchase insurance coverage for damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease. When a tenancy agreement ends early | Residential Tenancies Authority The tenant has the burden of proving that the misuse or damage was caused by another party. The Federal Emergency Management Agency (FEMA) maintains a flood map on its Internet website that is searchable by address, at no cost, to determine if a dwelling is located in a flood hazard area. 92.053. January 1, 2016. Reletting a Rental Property A landlord relets a property by having a new tenant sign an entirely new lease. 91.002 by Acts 1987, 70th Leg., ch. 1, eff. Sec. Acts 1983, 68th Leg., p. 3631, ch. TENANT'S RIGHT TO SUMMON POLICE OR EMERGENCY ASSISTANCE. Texas law allows landlords to charge tenants for costs related to filling a vacancy left when a tenant terminates a lease without just cause. 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. Charging a reletting (early termination) fee - The LPA Sec. (b) A landlord may allow an occupancy rate of more than three adult tenants per bedroom: (1) to the extent that the landlord is required by a state or federal fair housing law to allow a higher occupancy rate; or. texas property code reletting fee - alternativeceremony.com The justice may defer payment of the tenant's filing fees and service costs for the sworn complaint for restoration of utility service and writ of restoration of utility service. 576, Sec. (b) The notice must be given in person or by mail to the affected tenant. 21.001(97), eff. Sec. Sept. 1, 2001. 2, eff. (b) The tenant shall notify the landlord in writing of any change in the tenant's primary residence address. 92.023. 1, eff. If a municipality or a county revokes a certificate of occupancy for a leased premises because of the landlord's failure to maintain the premises, the landlord is liable to a tenant who is not in default under the lease for: (1) the full amount of the tenant's security deposit; (2) the pro rata portion of any rental payment the tenant has paid in advance; (3) the tenant's actual damages, including any moving costs, utility connection fees, storage fees, and lost wages; and. Acts 1983, 68th Leg., p. 3637, 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 2005, 79th Leg., Ch. (c) A tenant or a governmental entity or civic association acting on the tenant's behalf may file suit against a landlord to enjoin a violation of this section. 1. 650, Sec. REKEYING OR CHANGE OF SECURITY DEVICES. HEIGHT, STRIKE PLATE, AND THROW REQUIREMENTS--KEYED DEAD BOLT OR KEYLESS BOLTING DEVICE. 1399), Sec. (2) a copy of documentation of the family violence against the tenant or an occupant from: (A) a licensed health care services provider who examined the victim; (B) a licensed mental health services provider who examined or evaluated the victim; or. DEFINITIONS. (4) the landlord, at the same time the service is interrupted, hand delivers or places on the tenant's front door a written notice that: (A) prominently displays the words "electricity termination notice" or similar language underlined or in bold; and. (15) "Tenant turnover date" means the date a tenant moves into a dwelling under a lease after all previous occupants have moved out. 1186), Sec. (2) may not use a prospective tenant's choice to pay a fee in lieu of a security deposit or a security deposit as a criterion in the determination of whether to approve an application for occupancy. 917 (H.B. 1, eff. (2) "Flooding" means a general or temporary condition of partial or complete inundation of a dwelling caused by: (A) the overflow of inland or tidal waters; (B) the unusual and rapid accumulation of runoff or surface waters from any established water source such as a river, stream, or drainage ditch; or. (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. (2) payable at the time each rent payment is due during the lease. (d) In a written lease or other agreement, a landlord and a tenant may agree to a procedure different than the procedure in this section for removing, storing, or disposing of property in the leased premises of a deceased tenant. 324 (S.B. texas property code reletting fee - yeltech.com A mutual agreement for tenant repair under Subsection (g) of Section 92.0561 is not a violation of Section 92.006. 92.0081. (3) a copy of the settled claim that documents payments made by the insurer to the landlord. 92.259. LANDLORD'S DUTY TO REPAIR OR REPLACE SECURITY DEVICE. Most commonly, an early termination fee is two months' rent. 1, eff. 576, Sec. (g) A party may appeal from the court's judgment at the hearing on the sworn complaint for reentry in the same manner as a party may appeal a judgment in a forcible detainer suit. 1112 (H.B. 576, Sec. (2) exempt any party from a liability or a duty under this section. TENANT'S REMEDIES REGARDING REVOCATION OF CERTIFICATE OF OCCUPANCY. 92.0161. Jan. 1, 1984. 92.168. 650, Sec. 1, eff. Amended by Acts 1989, 71st Leg., ch. June 19, 2009. LANDLORD'S DUTY TO REPAIR OR REMEDY. Jan. 1, 1984. The tenant may unilaterally terminate the lease or exercise other remedies under Sections 92.164 and 92.165 after receiving written notice from a management company that the owner of the dwelling has not provided or will not provide funds to repair, install, change, replace, or rekey a security device as required by this subchapter. (D) the agreement is made knowingly, voluntarily, and for consideration. INSTALLATION AND LOCATION. 1205, Sec. (2) "Occupant" means a person who has the landlord's consent to occupy a dwelling but has no obligation to pay the rent for the dwelling. A provision of a rental application that purports to waive a right or exempt a party from a liability or duty under this subchapter is void. What Is A Reletting Fee Texas? - Mastery Wiki 69), Sec. 92.207. (d) A landlord to whom Subsection (a) does not apply must provide to a tenant a telephone number for the purpose of reporting emergencies described by that subsection. 13, eff. (a) A landlord may close a rental unit at any time by giving written notice by certified mail, return receipt requested, to the tenant and to the local health officer and local building inspector, if any, stating that: (1) the landlord is terminating the tenancy as soon as legally possible; and. (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. Sept. 1, 2001. The copy of the rules or policies must be: (2) included in a lease agreement signed by the tenant; or. 0 . This subchapter does not affect a duty of a landlord or a remedy of a tenant under Subchapter B regarding habitability. 92.025. Can we be forced to pay 2 extra months of rent and a reletting fee plus SECURITY DEPOSIT. 91.002 and amended by Acts 1989, 71st Leg., ch. 92.252. (c) Repairs and deductions under this section may be made as often as necessary so long as the total repairs and deductions in any one month do not exceed one month's rent or $500, whichever is greater. The tenant has resided in the property for three years with fixed term agreements re-negotiated every six months. LANDLORD'S DEFENSES. The reletting fee is typically 150% of one month's rent. (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) If the tenant decides to pay a fee in lieu of a security deposit, an agreement to collect the fee must be in writing and signed by: (1) the landlord or the landlord's legal representative; and. What Is A Reasonable Reletting Fee In Texas? - Mastery Wiki If neither box is checked, you should assume the dwelling is in a 100-year floodplain. Reletting Expenses Definition | Law Insider 1, eff. Court costs may be waived only if the tenant executes a pauper's affidavit. 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. (3) the amount of rent and other charges for which the tenant is delinquent. Aug. 28, 1989. (g) A party may appeal from the court's judgment at the hearing on the sworn complaint for restoration of utility service in the same manner as a party may appeal a judgment in a forcible detainer suit. If the writ is disobeyed, the tenant or the tenant's attorney may file in the court in which the reentry action is pending an affidavit stating the name of the person who has disobeyed the writ and describing the acts or omissions constituting the disobedience. (6) "Keyless bolting device" means a door lock not in the doorknob that locks: (A) with a bolt into a strike plate screwed into the portion of the doorjamb surface that faces the edge of the door when the door is closed or into a metal doorjamb that serves as the strike plate, operable only by knob or lever from the door's interior and not in any manner from the door's exterior, and that is commonly known as a keyless dead bolt; (B) by a drop bolt system operated by placing a central metal plate over a metal doorjamb restraint that protrudes from the doorjamb and that is affixed to the doorjamb frame by means of three case-hardened screws at least three inches in length. 534), Sec. January 1, 2016. Even if the dwelling is not in a 100-year floodplain, the dwelling may still be susceptible to flooding. 601 (H.B. (a) In a lawsuit by a tenant under either a written or oral lease for a dwelling or in a suit to enforce a legal obligation of the owner as landlord of the dwelling, the owner's agent for service of process is determined according to this section. SECURITY DEVICES REQUESTED BY TENANT. (p) A landlord who provides notice in accordance with Subsection (h) may not apply a payment made by a tenant to avoid interruption of electric service or reestablish electric service to rent or any other amounts owed under the lease. RETENTION OF SECURITY DEPOSIT; ACCOUNTING. (e) The notices required by Subsections (b) and (d) must be included in a separate written document given to the tenant at or before execution of the lease. September 1, 2019. (e) The landlord has met the duty to inspect and repair if the smoke alarm is in good working order after the landlord tests the smoke alarm with smoke, operates the testing button on the smoke alarm, or follows other recommended test procedures of the manufacturer for the particular model. Added by Acts 2021, 87th Leg., R.S., Ch. 687, Sec. 1198 (S.B. January 1, 2022. 2, eff. (a) For purposes of this section, "dependent," "military service," and "servicemember" have the meanings assigned by 50 App. From packing to loading, our team of experienced movers will take care of your personal belongings and make your move to your new home easy and stress-free. (b) A provision of a lease that purports to waive a right or to exempt a landlord from a liability or duty under this section is void. (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. 1, eff. 92.258. This is also known as assignment of the lease to a new party. (b) A tenant who is a servicemember or a dependent of a servicemember may vacate the dwelling leased by the tenant and avoid liability for future rent and all other sums due under the lease for terminating the lease and vacating the dwelling before the end of the lease term if: (1) the lease was executed by or on behalf of a person who, after executing the lease or during the term of the lease, enters military service; or. (d) A landlord may not intentionally prevent a tenant from entering the leased premises under Subsection (b)(3) unless: (1) the landlord's right to change the locks because of a tenant's failure to timely pay rent is placed in the lease; (2) the tenant is delinquent in paying all or part of the rent; and. This clause allows tenants to terminate the lease early if they follow the early termination rules. LANDLORD'S FAILURE TO INSTALL, INSPECT, OR REPAIR. WHEN TENANT'S REQUEST OR NOTICE MUST BE IN WRITING. January 1, 2006. Sec. Texas Property Code as it applies to landlord and tenant arrangements. 92.020. A repair bill and receipt may be the same document. 5, eff. 6, eff. If the justice finds, after considering the evidence at the hearing, that the person has directly or indirectly disobeyed the writ, the justice may commit the person to jail without bail until the person purges himself of the contempt in a manner and form as the justice may direct. 12, eff. LEASE TERM AFTER NATURAL DISASTER. Sec. Sept. 1, 1995. 3101), Sec. 2, eff. Acts 1983, 68th Leg., p. 3651, ch. (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. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.92.htm#92.019 92.264. 92.061. 946), Sec. 92.151. Sec. Jan. 1, 1996. 576, Sec. January 1, 2008. (h) A landlord who violates this section is liable to the tenant for actual damages, a civil penalty in an amount equal to the amount of one month's rent plus $500, and attorney's fees. (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). Section 207.003 of the Texas Property Code governs the requirement for a residential subdivision or townhome to provide a resale certificate to an owner upon request as well as the consequences for an association who fails to comply with such a request. TYPE, BRAND, AND MANNER OF INSTALLATION. (a) If a tenant files or prosecutes a suit for retaliatory action based on a complaint asserted under Section 92.331(a)(3), and the government building or housing inspector or utility company representative visits the premises and determines in writing that a violation of a building or housing code does not exist or that a utility problem does not exist, there is a rebuttable presumption that the tenant acted in bad faith. 1414), Sec. 1, eff. (B) The landlord has expressly or impliedly agreed in the lease to furnish potable water to the tenant's dwelling and the water service to the dwelling has totally ceased. 882), Sec. (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. (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.". 4173), Sec. 92.057(d) and amended by Acts 1995, 74th Leg., ch. Renumbered from Sec. 1, eff. Added by Acts 1995, 74th Leg., ch. SUBCHAPTER B. Amended by Acts 1989, 71st Leg., ch. Sec. Sept. 1, 1993. Amended by Acts 1985, 69th Leg., ch. (4) court costs and attorney's fees arising from any related cause of action by the tenant against the landlord. (2) enter the payment date and amount in a record book maintained by the landlord. January 1, 2016. Aug. 31, 1987. 744, Sec. NOTICE TO TENANT AT PRIMARY RESIDENCE. 869, Sec. 576, Sec. 1, eff. 512 (H.B. 1268 (H.B. January 1, 2010. 92.166. (5) a keyless bolting device and a door viewer on each exterior door of the dwelling. (l) A deferred payment plan for the purposes of this section must be in writing. (c) The landlord has the burden of pleading and proving, by clear and convincing evidence, that the landlord gave the tenant the required notice of the illegality and the penalties and that the tenant's violation was done in bad faith. 3101), Sec. 882), Sec. (g) A lease must contain language in underlined or bold print that informs the tenant of the remedies available under this section and Section 92.0561. 348 (S.B. 1, eff. 2404), Sec. January 1, 2016. The Texas Property Code, 92.101 - 92.109, protects the right of renters regarding their security deposit. (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. Sec. 257 (H.B. Added by Acts 1995, 74th Leg., ch. Sept. 1, 1993; Acts 1999, 76th Leg., ch. In addition to court costs and reasonable attorney's fees, a plaintiff who prevails under this subsection may recover from the landlord $500 for each violation of this section. The duties of a landlord and the remedies of a tenant under this subchapter are in lieu of existing common law and other statutory law warranties and duties of landlords for maintenance, repair, security, habitability, and nonretaliation, and remedies of tenants for a violation of those warranties and duties. Amended by Acts 1995, 74th Leg., ch. Jan. 1, 1996. If the acknowledgment is not signed, there is a rebuttable presumption that the notice was not made available to the applicant. (c) The acknowledgment required by Subsection (b) must include a statement substantively equivalent to the following: "Signing this acknowledgment indicates that you have had the opportunity to review the landlord's tenant selection criteria. Added by Acts 2009, 81st Leg., R.S., Ch. 257 (H.B. Sometimes, the law can only be enforced in court. (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. The term does not include dates of entry or occupation not authorized by the landlord. Jan. 1, 1984. (k) If the landlord repairs or remedies the condition or delivers an affidavit for delay under Section 92.0562 to the tenant after the tenant has contacted a repairman but before the repairman commences work, the landlord shall be liable for the cost incurred by the tenant for the repairman's trip charge, and the tenant may deduct the charge from the tenant's rent as if it were a repair cost. September 1, 2011. September 1, 2007. HEIGHT REQUIREMENTS--SLIDING DOOR SECURITY DEVICES. (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. 576, Sec. Jan. 1, 1984. (a) If the landlord is liable to the tenant under Section 92.056(b), the tenant may have the condition repaired or remedied and may deduct the cost from a subsequent rent payment as provided in this section. Amended by Acts 1987, 70th Leg., ch. Renumbered from Sec. 3, eff. 3101), Sec. Texas Property Code - PROP 92.019 | FindLaw (a) If a security deposit is required by a residential lease, the landlord may choose to offer the tenant an option to pay a fee in lieu of a security deposit. 600 (H.B. * Quality assurance program Family owned and operated Realistic estimates 100% satisfaction guaranteed 9, eff. September 1, 2021. A waiver under this section must be signed and in writing in a document separate from the lease and must comply with federal law. 10, eff. 302), Sec. (a) If a condition results from an insured casualty loss, such as fire, smoke, hail, explosion, or a similar cause, the period for repair does not begin until the landlord receives the insurance proceeds. Added by Acts 2007, 80th Leg., R.S., Ch. 92.205. 1715), Sec. What Happens with Early Termination of the Texas Lease? (f) If an applicant requests a landlord to mail a refund of the applicant's application fee to the applicant, the landlord shall mail the refund check to the applicant at the address furnished by the applicant. (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. 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. (j) A landlord may not submit a claim for damages or unpaid rent to an insurer for insurance described by Subsection (e) 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. (10) "Rekey" means to change or alter a security device that is operated by a key, card, or combination so that a different key, card, or combination is necessary to operate the security device. (c) Subsection (b) does not prohibit a guarantor from voluntarily entering into an agreement at the time of the renewal of a lease, in a separate written document, to guarantee an increased amount of rent. APPLICATION OF OTHER LAW; MUNICIPAL REGULATION. (C) by a metal bar or metal tube that is placed across the entire interior side of the door and secured in place at each end of the bar or tube by heavy-duty metal screw hooks. January 1, 2016. texas property code reletting fee; Posted on June 29, 2022; By . (4) affect a local ordinance that requires regular inspections by local officials of smoke alarms in dwelling units and that requires smoke alarms to be operational at the time of inspection. (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. Amended by Acts 1995, 74th Leg., ch. (4) a smoke alarm powered by alternating current was required by lawful city ordinance at the time of initial construction of the unit. Added by Acts 2007, 80th Leg., R.S., Ch. Sec. Added by Acts 2005, 79th Leg., Ch. (b) The new owner shall deliver to the tenant a signed statement acknowledging that the new owner has acquired the property and is responsible for the tenant's security deposit and specifying the exact dollar amount of the deposit. 31.01(71), eff. Jan. 1, 1984. (e) A landlord, not later than the 30th day after the effective date of the termination of a lease under this section, shall refund to the residential tenant terminating the lease under Subsection (b) all rent or other amounts paid in advance under the lease for any period after the effective date of the termination of the lease. 92.017. (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. 1112, Sec. (c) A landlord who fails to give notice as required by this section is liable to the tenant for any expense incurred by the tenant as a result of the landlord's failure to give the notice. There shall be a rebuttable presumption that the landlord acted in good faith and with continued diligence for the first affidavit for delay the landlord delivers to the tenant. (3) not entitled to the other repair and deduct remedies under Section 92.0561 or the judicial remedies under Subdivisions (1) and (2) of Subsection (a) of Section 92.0563. January 1, 2014. Jan. 1, 1996. 650, Sec. (3) "Exterior door" means a door providing access from a dwelling interior to the exterior. 5, eff. (d) Repealed by Acts 2009, 81st Leg., R.S., Ch. What is a Reletting charge in Texas? - Recipes FAQs The landlord may satisfy that burden of proof by providing evidence that the landlord: (1) delivered the notice by certified mail, return receipt requested, addressed to the tenant at the tenant's dwelling; or. Acts 1983, 68th Leg., p. 3652, ch. 3, eff. Except as provided by Section 92.164(a)(1) or 92.165(1) regarding the remedy of repair-and-deduct, a tenant may not remove, change, rekey, replace, or alter a security device or have it removed, changed, rekeyed, replaced, or altered without permission of the landlord. (b) At a tenant's request made before January 1, 1995, a landlord, at the tenant's expense, shall install on an exterior door of a dwelling constructed before September 1, 1993: (1) a keyless bolting device if the door does not have a keyless bolting device; and. Sec. 576, Sec. 357, Sec. Sec. Acts 2015, 84th Leg., R.S., Ch. Jan. 1, 1996. 92.257. Notice in person may be by personal delivery to the tenant or any person residing at the tenant's dwelling who is 16 years of age or older or by personal delivery to the tenant's dwelling and affixing the notice to the inside of the main entry door. 1, eff. (c) If Subsection (b) does not apply, the owner's management company, on-premise manager, or rent collector serving the dwelling is the owner's authorized agent for service of process unless the owner's name and business street address have been furnished in writing to the tenant. However, if the tenant's rent is subsidized in whole or in part by a governmental agency, the deduction limitation of one month's rent shall mean the fair market rent for the dwelling and not the rent that the tenant pays. 5, eff. 92.164. 92.334 by Acts 1997, 75th Leg., ch. When secured to the screw hooks, the bar or tube must prevent the door from being opened unless the bar or tube is removed by a person who is on the interior side of the door. 337 (H.B. This chapter applies only to the relationship between landlords and tenants of residential rental property. To rebut that presumption, the date on which the landlord received the tenant's notice, the severity and nature of the condition, and the reasonable availability of materials and labor and of utilities from a utility company must be considered. January 1, 2014. (b) A landlord is not required to provide the notice under Subsection (a) if the tenant has not given the landlord the tenant's forwarding address as provided by Section 92.107. (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. (a) The landlord shall repair or replace a fire extinguisher at the landlord's expense if: (1) on inspection, the fire extinguisher is found: (B) not to have the correct pressure indicated on the gauge or pressure indicator as recommended by the manufacturer of the fire extinguisher; or. handbook can be located in sections 24, 54, 91 and 92 of the Texas Property Code, which is available in your local law library and online at www.statutes.legis.state.tx.us.
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