1, eff. Added by Acts 1995, 74th Leg., ch. 92.1041. During the lease term and any renewal period, a landlord shall repair or replace a security device on request or notification by the tenant that the security device is inoperable or in need of repair or replacement. Sec. 3, eff. (3) file suit against the landlord and obtain a judgment for: (C) punitive damages if the tenant suffers actual damages and the landlord's failure to comply is intentional, malicious, or grossly negligent; Sec. It also means a "dwelling" as defined by Section 92.001. Added by Acts 1989, 71st Leg., ch. (b) A tenant who violates this section is presumed to have acted in bad faith. (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. (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. (C) damage the property of the landlord, other tenants, or neighbors. Sec. to cover potential property damage. 92.009. If management company employees perform the work, the charge may include reasonable overhead and profit but may not exceed the cost charged to the owner by the management company for comparable security devices installed by management company employees at the owner's request and expense. (d) Repealed by Acts 2009, 81st Leg., R.S., Ch. The drop bolt system must prevent the door from being opened unless the central plate is lifted off of the doorjamb restraint by a person who is on the interior side of the door. (a) A tenant shall notify the landlord of a rent deduction attributable to the tenant's installing, repairing, changing, replacing, or rekeying of a security device under Section 92.164(a)(1) or 92.165(1) after the landlord's failure to comply with this subchapter. Sec. (2) documentation of the stalking from a provider of services described by Subsection (c)(1), (2), or (3) and: (A) a law enforcement incident report or, if a law enforcement incident report is unavailable, another record maintained in the ordinary course of business by a law enforcement agency; and. (d) The tenant's notice under Subsection (a) must be in writing only if the tenant's lease is in writing and requires written notice. TERM OF PARKING PERMIT. Sept. 1, 1995. (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. Our contract says we have to give 60 days notice and pay a reletting fee ($1730), plus back-paying the rent concession ($357 per month) we got for signing a year lease, either that or we are liable for the entire years rent (6 x 1678). 1, eff. (i) A landlord may not charge a tenant for normal wear and tear of a dwelling. (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. You can't make the best decision for your situation until you . 10, eff. 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. 1448), Sec. 10, eff. Aug. 31, 1987. 630), Sec. Understanding the Law (a) A landlord may not: (1) prohibit or limit a residential tenant's right to summon police or other emergency assistance based on the tenant's reasonable belief that an individual is in need of intervention or emergency assistance; or. Sec. 1, eff. 3167), Sec. 882), Sec. Facebook. (2) if an adult whose occupancy causes a violation of Subsection (a) is seeking temporary sanctuary from family violence, as defined by Section 71.004, Family Code, for a period that does not exceed one month. (b) A tenant may, without request from the landlord, provide the landlord with the information in Subsection (a). (7) "Landlord" means a dwelling owner, lessor, sublessor, management company, or managing agent, including an on-site manager. If the person disobeyed the writ before receiving the show cause order but has complied with the writ after receiving the order, the justice may find the person in contempt and assess punishment under Section 21.002(c), Government Code. January 1, 2006. 576, Sec. 512 (H.B. If a landlord does not comply with a tenant's request regarding rekeying, changing, adding, repairing, or replacing a security device under Section 92.156(b), 92.157, or 92.158 in accordance with the time limits and other requirements of this subchapter, the tenant may: (1) install, repair, change, replace, or rekey the security devices as required by this subchapter and deduct the reasonable cost of material, labor, taxes, and extra keys from the tenant's next rent payment in accordance with Section 92.166; (2) unilaterally terminate the lease without court proceedings; and. (4) "Deposited" means deposited in an account of the landlord or the landlord's agent in a bank or other financial institution. harp funeral notices merthyr tydfil best owb holster for s&w governor texas property code reletting fee. September 1, 2007. (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. (12) "Sliding door handle latch" means a latch or lock: (A) located near the handle on a sliding glass door; (B) operated with or without a key; and. (b) If more than one tenant is a party to the lease, not later than the third business day after the date a landlord receives a written request for a copy of a lease from a tenant who has not received a copy of the lease under Subsection (a), the landlord shall provide one complete copy of the lease to the requesting tenant. 2, eff. January 1, 2016. 92.334 by Acts 1997, 75th Leg., ch. (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. 18 (S.B. January 1, 2014. 1198 (S.B. 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. 1, eff. 91.002 and amended by Acts 1989, 71st Leg., ch. (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. 1, eff. 92.0091. Amended by Acts 1989, 71st Leg., ch. Sec. If neither box is checked, you should assume the dwelling is in a 100-year floodplain. (3) 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. Amended by Acts 1995, 74th Leg., ch. Added by Acts 2005, 79th Leg., Ch. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING CERTAIN DECISIONS RELATED TO MILITARY SERVICE. 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. (d) The tenant remedies under this section are effective on the date the tenant has notice from the utility company of a future cutoff or notice of an actual cutoff, whichever is sooner. (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). (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. The tenant must also state orally under oath to the justice the facts of the alleged unlawful utility disconnection. (a) The tenant may not withhold payment of any portion of the last month's rent on grounds that the security deposit is security for unpaid rent. Charging a reletting (early termination) fee by Anonymous (Texas) on May 13, 2014 @14:19 Share | Is it legal (or common practice) to charge a reletting fee if: a) the tenant gave a few months' notice and b) the new tenant moved in the same day the previous tenant moved out and c) the new tenant was found with no financial cost to the landlord? (2) may not be effective before the 14th day after the date notice of the change is delivered to the tenant, unless the change is the result of a construction or utility emergency. Sec. 92.251. LIABILITY OF CERTAIN GUARANTORS UNDER LEASE. 921 (H.B. A waiver under this section must be signed and in writing in a document separate from the lease and must comply with federal law. Amended by Acts 1985, 69th Leg., ch. 576, Sec. TENANT'S FORWARDING ADDRESS. Acts 2011, 82nd Leg., R.S., Ch. 1, eff. (2) the tenant and the tenant's dependent move, wholly or partly, because of a significant financial loss of income caused by the tenant's military service. Sept. 1, 1997. 1, eff. Sec. Added by Acts 2015, 84th Leg., R.S., Ch. 651 (H.B. Ask Your Own Real Estate Law Question 91.006 supports reletting fees by charging an assessment. One-half of the central plate must overlap the interior surface of the door and the other half of the central plate must overlap the doorjamb when the plate is placed over the doorjamb restraint. (14) "Sliding door security bar" means a bar or rod that can be placed at the bottom of or across the interior side of the fixed panel of a sliding glass door and that is designed to prevent the door from being opened. LANDLORD'S DUTY TO PROVIDE COPY OF LEASE. (g) A landlord and a tenant may mutually agree for the tenant to repair or remedy, at the landlord's expense, any condition of the dwelling regardless of whether it materially affects the health or safety of an ordinary tenant. 257 (H.B. Jan. 1, 1984. (As a point of reference, the Texas Apartment Association's standard lease sets reletting fees at 85% of a month's rent. LANDLORD'S DUTY TO REPAIR OR REPLACE SECURITY DEVICE. 1, eff. 322 (H.B. If the acknowledgment is not signed, there is a rebuttable presumption that the notice was not made available to the applicant. 2, eff. (a) In this section, "governmental entity" means the state, an agency of the state, or a political subdivision of the state. The sample TAA lease for which you provided a link has a blank for a reletting fee. (2) the tenant requested that the landlord repair, install, change, or rekey the same security device during the 30 days preceding the tenant's request, and the landlord complied with the request. (2) the landlord does not give the information to the tenant or government official or employee before the eighth day after the date the tenant, official, or employee gives the landlord written notice that the tenant, official, or employee may exercise remedies under this subchapter if the landlord does not comply with the request by the tenant, official, or employee for the information within seven days. Added by Acts 2009, 81st Leg., R.S., Ch. (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 monthly tenancy or a tenancy from month to month may be terminated by the tenant or the landlord giving notice of termination to the other. 869, Sec. This subchapter applies to a lease executed, entered into, renewed, or extended on or after September 1, 1979. Sec. (b) A requirement that a tenant give advance notice of surrender as a condition for refunding the security deposit is effective only if the requirement is underlined or is printed in conspicuous bold print in the lease. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. NOTICE OF TENANT'S DEDUCTION OF REPAIR COSTS FROM RENT. 1, eff. 92.023. Jan. 1, 1984. 92.2571. 1399), Sec. 4173), Sec. Aug. 26, 1985. HARASSMENT. Sec. 2, eff. Amended by Acts 1995, 74th Leg., ch. 1168), Sec. Sec. 1, eff. 3, eff. 92.007. 92.026. Sept. 1, 1997. Most tenant insurance policies do not cover damages or loss incurred in a flood. Original Source: (b) This section does not authorize a recovery of attorney's fees in an action brought under Subchapter E or F for damages that relate to or arise from property damage, personal injury, or a criminal act. 917 (H.B. January 1, 2010. Sec. (5-a) "Rental application" means a written request made by an applicant to a landlord to lease premises from the landlord. 1205, Sec. Sec. Sec. Cost of the early termination fee (typically 1-2 months or rent) The landlord will officially consider the lease terminated after receipt of the signed notice and early . A managing agent, leasing agent, or resident manager is the agent of the landlord for purposes of notice and other communications required or permitted by this subchapter. Amended by Acts 1987, 70th Leg., ch. Acts 1983, 68th Leg., p. 3653, ch. RELETTING FEE: Resident acknowledges that the Reletting Fee is not a cancellation fee or a buyout fee.. NON-PERFORMANCE OF VENDORS DUTIES RELETTING CHARGES If the Vendor fails to perform in accordance with the terms of this Contract, the Port Authority may obtain the goods or services from another Vendor and charge the seller the difference in price, if any . Acts 2015, 84th Leg., R.S., Ch. January 1, 2014. (e) Except as provided in Subsection (f), a tenant to whom a landlord is liable under Subsection (b) of this section may: (2) have the condition repaired or remedied according to Section 92.0561; (3) deduct from the tenant's rent, without necessity of judicial action, the cost of the repair or remedy according to Section 92.0561; and. (2) entered into a deferred payment plan that complies with Subsection (l). A landlord who in bad faith fails to refund an application fee or deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the amount wrongfully retained, and the applicant's reasonable attorney's fees. In this subchapter: (1) "Doorknob lock" means a lock in a doorknob, with the lock operated from the exterior by a key, card, or combination and from the interior without a key, card, or combination. (c) The tenant's claim to the security deposit takes priority over the claim of any creditor of the landlord, including a trustee in bankruptcy. Sec. Jan. 1, 1984. 92.056. September 1, 2011. texas property code reletting fee. You'll be liable for a reletting charge of $675.75 (not to exceed 85% of the highest monthly rent during the Lease term) if you: (A) fail to move in, or fail to give written move out notice as required in Par.23 or 36: (B) move out without paying rent in full for the entire . HEIGHT, STRIKE PLATE, AND THROW REQUIREMENTS--KEYED DEAD BOLT OR KEYLESS BOLTING DEVICE. (b) A landlord shall perform additional rekeying or change a security device at the tenant's expense if requested by the tenant. 92.257. (b) If a landlord is liable to the tenant under Subsection (a) of this section, the tenant may: (1) pay the utility company money to reconnect or avert the cutoff of utilities according to this section; (2) terminate the lease if the termination notice is in writing and move-out is to be within 30 days from the date the tenant has notice from the utility company of a future cutoff or notice of an actual cutoff, whichever is sooner; (3) deduct from the tenant's rent, without necessity of judicial action, the amounts paid to the utility company to reconnect or avert a cutoff; (4) if the lease is terminated by the tenant, deduct the tenant's security deposit from the tenant's rent without necessity of lawsuit or obtain a refund of the tenant's security deposit pursuant to law; (5) if the lease is terminated by the tenant, recover a pro rata refund of any advance rentals paid from the date of termination or the date the tenant moves out, whichever is later; (6) recover actual damages, including but not limited to moving costs, utility connection fees, storage fees, and lost wages from work; and. 899 (H.B. 92.019. Venue for an action under this chapter is governed by Section 15.0115, Civil Practice and Remedies Code. The term does not include a kitchen, dining room, bathroom, living room, utility room, or closet or storage area of a dwelling. 13, eff. (last accessed Jun. A security deposit is any advance of money, other than a rental application deposit or an advance payment of rent, that is intended primarily to secure performance under a lease of a dwelling that has been entered into by a landlord and a tenant. 92.005. A reletting rental arrangement is a fresh contractual relationship between the community and the person renting out your former apartment, completely separate from the rental agreement you signed. September 1, 2015. 92.333 by Acts 1997, 75th Leg., ch. Sec. On receipt of an affidavit, the justice shall issue a show cause order, directing the person to appear on a designated date and show cause why he should not be adjudged in contempt of court. 1198 (S.B. OBLIGATION TO REFUND. Need actual paragraphs is Property Code 92 (?) (b) A landlord who receives a cash rental payment shall: (1) provide the tenant with a written receipt; and. (a) If a landlord has interrupted utility service in violation of Section 92.008, the tenant may obtain relief as provided by this section. Jan. 1, 1984. Sec. 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) 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. 1414), Sec. 4, eff. Renumbered from Sec. Added by Acts 1995, 74th Leg., ch. Jan. 1, 1996. 1, eff. (b) A customer shall provide written notice of a service disconnection to each tenant or owner at a nonsubmetered master metered multifamily property not later than the fifth day after the date the customer receives a notice of service disconnection from an electric service provider or a gas utility. On receipt of an affidavit, the justice shall issue a show cause order, directing the person to appear on a designated date and show cause why the person should not be adjudged in contempt of court. (2) a copy of an appropriate government document providing evidence of the tenant's entrance into military service if Subsection (b)(1) applies or a copy of the servicemember's military orders if Subsection (b)(2) applies. Sept. 1, 2003. 357, Sec. 92.0081. 1, eff. In this subchapter: (1) "Bedroom" means a room designed with the intent that it be used for sleeping purposes. LIABILITY OF TENANT FOR GOVERNMENTAL FINES. June 17, 2005, except Subsec. Aug. 28, 1989. (1) "Adult" means an individual 18 years of age or older. (2) exempt any party from a liability or a duty under this section. 92.008(b) to (f) and amended by Acts 1995, 74th Leg., ch. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING TENANT'S DEATH. (h) If a writ of possession is issued, it supersedes a writ of restoration of utility service. However, most (b) The tenant must file with the justice court in the precinct in which the rental premises are located a sworn complaint specifying the facts of the alleged unlawful utility disconnection by the landlord or the landlord's agent. (d) Subsections (a) and (b) apply only when a tenant is in possession of a dwelling. 1268 (H.B. The reconnection fee must be computed based on the average cost to the landlord for the expenses associated with the reconnection, but may not exceed $10. 3, eff. Jan. 1, 1996. (a) A keyed dead bolt or a keyless bolting device required by this subchapter must be installed at a height: (1) not lower than 36 inches from the floor; and, (A) 54 inches from the floor, if installed before September 1, 1993; or. 629 (S.B. TENANT'S RIGHT TO SUMMON POLICE OR EMERGENCY ASSISTANCE. A managing or leasing agent, whether residing or maintaining an office on-site or off-site, is the agent of the landlord for purposes of notice and other communications required or permitted by this subchapter. Answered on 9/10/03, 6:42 pm. 576, Sec. (b) A keyed dead bolt or a keyless bolting device described in Section 92.151(6)(A) or (B) in a dwelling must: (1) have a strike plate screwed into the portion of the doorjamb surface that faces the edge of the door when the door is closed; or. LIABILITY OF LANDLORD. 1420, Sec. Sec. Sept. 1, 1999. Sept. 1, 1993. (b) A landlord is liable to a tenant as provided by this subchapter if: (1) the tenant has given the landlord notice to repair or remedy a condition by giving that notice to the person to whom or to the place where the tenant's rent is normally paid; (2) the condition materially affects the physical health or safety of an ordinary tenant; (3) the tenant has given the landlord a subsequent written notice to repair or remedy the condition after a reasonable time to repair or remedy the condition following the notice given under Subdivision (1) or the tenant has given the notice under Subdivision (1) by sending that notice by certified mail, return receipt requested, by registered mail, or by another form of mail that allows tracking of delivery from the United States Postal Service or a private delivery service; (4) the landlord has had a reasonable time to repair or remedy the condition after the landlord received the tenant's notice under Subdivision (1) and, if applicable, the tenant's subsequent notice under Subdivision (3); (5) the landlord has not made a diligent effort to repair or remedy the condition after the landlord received the tenant's notice under Subdivision (1) and, if applicable, the tenant's notice under Subdivision (3); and. Amended by Acts 1997, 75th Leg., ch. 357, Sec. Acts 1983, 68th Leg., p. 3632, ch. LANDLORD LIABILITY TO TENANT FOR UTILITY CUTOFF. 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. Sec. 7, 2021). Acts 1983, 68th Leg., p. 3639, ch. September 1, 2011. 576, Sec. Texas Homes Realty & Management_ 633 E. Fernhurst Dr., Suite 701, Katy, TX 77450 (281) 646-9929 Office (281) 667-3247 Fax www.texashomesrealty.com 744, Sec. 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. (a) A landlord that has an on-site management or superintendent's office for a residential rental property must provide to a tenant a telephone number that will be answered 24 hours a day for the purpose of reporting emergencies related to a condition of the leased premises that materially affects the physical health or safety of an ordinary tenant. January 1, 2016. 2404), Sec. INSTALLATION PROCEDURE. Sec. (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. Other judicial actions under this chapter may not be joined with an eviction suit or asserted as a defense or crossclaim in an eviction suit. Aug. 28, 1995; Acts 1995, 74th Leg., ch. The fee for service of a show cause order is the same as that for service of a civil citation. Jan. 1, 1984. Unlawful Early Move-Out And Reletting Charge. LANDLORD'S DEFENSES RELATING TO COMPLIANCE WITH TENANT'S REQUEST. (d) The requirements of this section do not apply to a keyed dead bolt or a keyless bolting device in one door of a pair of French doors that is installed in accordance with the requirements of Section 92.153(b)(1) or (2). Added by Acts 2011, 82nd Leg., R.S., Ch. Renumbered from Property Code Sec. increasing citizen access. The fee for single family rental properties is $43 annually. 2, eff. 1, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 7 juin 2022. (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. Added by Acts 1993, 73rd Leg., ch. 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. (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. 882), Sec. 357, Sec. Sec. (B) a doorknob lock that contains a bolt with at least a one-inch throw. 92.167. 16, Sec. Sept. 1, 1995. 1, eff. (3) "Exterior door" means a door providing access from a dwelling interior to the exterior. (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. A reasonable time for purposes of this subsection is presumed to be not later than the seventh day after the date a tenant's advance payment is received by the landlord, except as provided by Subsection (c). 399), Sec. Renumbered from Sec. (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. 92.353. Jan. 1, 1996. entrepreneurship, were lowering the cost of legal services and However, this subchapter does not: (1) affect a local ordinance adopted before September 1, 1981, that requires landlords to install smoke alarms in new or remodeled dwelling units before September 1, 1981, if the ordinance conforms with or is amended to conform with this subchapter; (2) limit or prevent adoption or enforcement of a local ordinance relating to fire safety as a part of a building, fire, or housing code, including any requirements relating to the installation of smoke alarms or the type of smoke alarms; (3) otherwise limit or prevent the adoption of a local ordinance that conforms to this subchapter but which contains additional enforcement provisions, except as provided by Subsection (b); or. The request must be a separate document and may not be included as part of a lease agreement. BAD FAITH VIOLATION. A landlord may not require a tenant to pay for other repairs or replacements of a security device except as provided by Subsections (b), (c), and (d). (3) if the dwelling unit has multiple levels, at least one smoke alarm must be located on each level. (15) "Tenant turnover date" means the date a tenant moves into a dwelling under a lease after all previous occupants have moved out. Acts 1983, 68th Leg., p. 3639, ch. (c) A reasonable time for purposes of Subsections (a) and (b) is presumed to be not later than 72 hours after the time of receipt of the tenant's request and any required advance payment if at the time of making the request the tenant informed the landlord that: (1) an unauthorized entry occurred or was attempted in the tenant's dwelling; (2) 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.
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