This subchapter applies to all residential leases. LANDLORD LIABILITY TO TENANT FOR UTILITY CUTOFF. 917 (H.B. LANDLORD'S DEFENSES. 357, Sec. Sec. (f) A tenant who elects to terminate the lease under Subsection (e) is: (1) entitled to a pro rata refund of rent from the date of termination or the date the tenant moves out, whichever is later; (2) entitled to 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 according to law; and. 593 (S.B. 48, Sec. Sec. 1060 (H.B. Redesignated from Property Code Sec. (a) Except as provided by Subsections (b), (e), (f), (g), and (h) and without necessity of request by the tenant, a dwelling must be equipped with: (1) a window latch on each exterior window of the dwelling; (2) a doorknob lock or keyed dead bolt on each exterior door; (3) a sliding door pin lock on each exterior sliding glass door of the dwelling; (4) a sliding door handle latch or a sliding door security bar on each exterior sliding glass door of the dwelling; and. 165, Sec. (a) In this section: (1) "100-year floodplain" means any area of land designated as a flood hazard area with a one percent or greater chance of flooding each year by the Federal Emergency Management Agency under the National Flood Insurance Act of 1968 (42 U.S.C. (a) A landlord's liability under this section is subject to Section 92.052(b) regarding conditions that are caused by a tenant and Section 92.054 regarding conditions that are insured casualties. (h) Repairs made pursuant to the tenant's notice must be made in compliance with applicable building codes, including a building permit when required. (k) 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 insurance purchased under Subsection (e) in the amount of the voided indebtedness. Sec. 94.005. APPLICATION OF SUBCHAPTER. Jan. 1, 1996. Sec. Added by Acts 1995, 74th Leg., ch. 593 (S.B. (e) A landlord or landlord's agent who lawfully permits a person described by Subsection (a) to enter or facilitates the person's entry into the leased premises under this section is not liable for an act or omission that arises in connection with permitting or facilitating the entry. (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. January 1, 2006. Section 23.001 et seq. (f) For the purposes of this section, an owner or property manager may disclose either an actual name or names or an assumed name if an assumed name certificate has been recorded with the county clerk. 744, Sec. Except as otherwise provided by this chapter, in this chapter: (1) "Dwelling" means one or more rooms rented for use as a permanent residence under a single lease to one or more tenants. 17.01(44), eff. Acts 2011, 82nd Leg., R.S., Ch. (b) If the landlord makes the notice available under Subsection (a), the applicant shall sign an acknowledgment indicating the notice was made available. The tenant selection criteria may include factors such as criminal history, credit history, current income, and rental history. 869, Sec. September 1, 2015. 5, eff. 650, Sec. Acts 2017, 85th Leg., R.S., Ch. Aug. 26, 1985. (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. Sec. Acts 2013, 83rd Leg., R.S., Ch. FORCED SALE OF OWNER'S INTEREST IN CERTAIN REAL PROPERTY AS REIMBURSEMENT FOR PROPERTY TAXES PAID BY CO-OWNER ON OWNER'S BEHALF . (c) If the landlord gives the tenant the notice closing the rental unit: (1) before the tenant gives a repair notice to the landlord, the remedies of this subchapter do not apply; (2) after the tenant gives a repair notice to the landlord but before the landlord has had a reasonable time to make repairs, the tenant is entitled only to the remedies under Subsection (d) of this section and Subdivisions (3), (4), and (5) of Subsection (a) of Section 92.0563; or. If the acknowledgment is not signed, there is a rebuttable presumption that the notice was not made available to the applicant. (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. (d) If the landlord closes the rental unit after the tenant gives the landlord a notice to repair and the tenant moves out on or before the end of the rental term, the landlord must pay the tenant's actual and reasonable moving expenses, refund a pro rata portion of the tenant's rent from the date the tenant moves out, and, if otherwise required by law, return the tenant's security deposit. 576, Sec. REMOVAL OR ALTERATION OF SECURITY DEVICE BY TENANT. (4) establishes, attempts to establish, or participates in a tenant organization. 91.002 and amended by Acts 1989, 71st Leg., ch. 1, eff. 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. LANDLORD'S FAILURE TO DISCLOSE INFORMATION. The tenant must also state orally under oath to the justice the facts of the alleged unlawful utility disconnection. 1, eff. 2022 Texas Statutes Property Code Title 8 - Landlord and Tenant Chapter 92 . Sec. 1439, Sec. 3101), Sec. REPAIR OR CLOSING OF LEASEHOLD. TENANT REMEDIES. (b) The notice must be given in person or by mail to the affected tenant. (C) the landlord, prior to the date of discarding the property, has not been contacted by anyone claiming the property. 3, eff. 1, eff. 869, Sec. 91.002 by Acts 1987, 70th Leg., ch. 1, eff. CESSATION OF OWNER'S INTEREST. 221 (H.B. Acts 2009, 81st Leg., R.S., Ch. A tenancy in common occurs when two or more parties jointly hold an interest in property. (a) A landlord may not remove a door, window, or attic hatchway cover or a lock, latch, hinge, hinge pin, doorknob, or other mechanism connected to a door, window, or attic hatchway cover from premises leased to a tenant or remove furniture, fixtures, or appliances furnished by the landlord from premises leased to a tenant unless the landlord removes the item for a bona fide repair or replacement. January 1, 2010. 918, Sec. 576, Sec. 921 (H.B. (5-a) "Rental application" means a written request made by an applicant to a landlord to lease premises from the landlord. 1, eff. 4, eff. Tenancy in . Section 511. 1, eff. (3) changing the door locks on the door to the tenant's individual unit of a tenant who is delinquent in paying at least part of the rent. 1276, Sec. 92.255. If the dwelling has no mailbox and has a keyless bolting device, alarm system, or dangerous animal that prevents the landlord from entering the premises to leave the notice on the inside of the main entry door, the landlord may securely affix the notice on the outside of the main entry door. 1120), Sec. (3) "Smoke alarm" means a device designed to detect and to alert occupants of a dwelling unit to the visible and invisible products of combustion by means of an audible alarm. 91.002 by Acts 1987, 70th Leg., ch. 92.351. 1, eff. TITLE 4. 2, eff. January 1, 2010. Acts 1983, 68th Leg., p. 3632, ch. 576, Sec. Acts 2015, 84th Leg., R.S., Ch. (a) Subject to Subsection (b), if the life tenant of a legal life estate is given the power to sell and reinvest any life tenancy property, the life tenant is subject, with respect to the sale and investment of the property, to all of the fiduciary duties of a trustee imposed by the Texas Trust Code (Subtitle B, Title 9 . Copyright2023, Sheehan Law PLLC. (B) a doorknob lock that contains a bolt with at least a one-inch throw. NOTICE OF UTILITY DISCONNECTION OF NONSUBMETERED MASTER METERED MULTIFAMILY PROPERTY TO MUNICIPALITIES, OWNERS, AND TENANTS. Sec. 869, Sec. Acts 2007, 80th Leg., R.S., Ch. January 1, 2016. They are: Dwellings that are part of a multi-unit complex in which the majority of tenants are over age 55 or have physical or mental disabilities. 92.258. a) A landlord 's liability under this section is subject to Section 92.052(b) regarding conditions that are caused by a tenant and Section 92.054 regarding conditions that are insured casualties. There are no rights of survivorship among the co-owners, and. (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. Acts 1983, 68th Leg., p. 3649, ch. 92.253. Sec. (e) A justice court may not award a judgment under this section, including an order of repair, that exceeds $10,000, excluding interest and costs of court. 1, eff. (c) A landlord's duties and the tenant's remedies under Subchapter B, which covers conditions materially affecting the physical health or safety of the ordinary tenant, may not be waived except as provided in Subsections (d), (e), and (f) of this section. REMOVAL OF PROPERTY AND EXCLUSION OF RESIDENTIAL TENANT. Acts 1983, 68th Leg., p. 3637, ch. TENANT'S JUDICIAL REMEDIES. 576, Sec. 1, eff. 12, eff. Each party may freely sell, devise, lease, or otherwise transfer their interest in the property. 2118), Sec. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. Sept. 1, 1987; Acts 1997, 75th Leg., ch. Texas Property Code section 92.056 states: " For a condition that materially affects the physical health or safety of an ordinary tenant, the landlord is required to make repairs or to remedy the condition .". (6) No provision of this section shall affect any right of a foreclosing superior lienholder to terminate, according to law, any interest in the premises held by the holders of subordinate liens, encumbrances, leases, or other interests and shall not affect any right of the tenant to terminate the lease according to law. 744, Sec. Sept. 1, 1993. Redesignated from Property Code Sec. They may own it equally or in unequal percentages. 1, eff. (j) This section does not affect a tenant's right to pursue a separate cause of action under Section 92.0081. (g) A keyed dead bolt or a doorknob lock is not required to be installed at the landlord's expense on an exterior door if at the time the tenant agrees to lease the dwelling: (1) at least one exterior door usable for normal entry into the dwelling has both a keyed dead bolt and a keyless bolting device, installed in accordance with the height, strike plate, and throw requirements of Section 92.154; and. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING FAMILY VIOLENCE. (C) enter or exit a vehicle on the leased premises or located in a parking area provided by the landlord for tenants or guests. 324 (S.B. (k) A landlord may not change the locks on the door of a tenant's dwelling under Subsection (b)(3): (1) when the tenant or any other legal occupant is in the dwelling; or. CODE 23.001. Sec. 576, Sec. Added by Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 1995. PROPERTY CODE. Added by Acts 2007, 80th Leg., R.S., Ch. The landlord is not liable to repairmen, contractors, or material suppliers who furnish labor or materials to repair or remedy the condition. If the lease is terminated, the tenant is entitled only to a pro rata refund of rent from the date the tenant moves out and to a refund of any security deposit otherwise required by law. STATEMENT OF LATE FEES. Sec. 92.352. June 20, 2003. 2d 541, 548; accord Hacienda Ranch Homes, Inc. v. Superior Ct. (2011) 198 Cal.App. (a) A landlord shall install at least one smoke alarm in each separate bedroom in a dwelling unit. Acts 2013, 83rd Leg., R.S., Ch. 92.201. A tenant's guest or invitee who suffers damage because the tenant removed a battery without immediately replacing it with a working battery or because the tenant knowingly disconnected or intentionally damaged the smoke alarm, causing it to malfunction, may recover a judgment against the tenant for the damage. Amended by Acts 1989, 71st Leg., ch. 92.003. GENERAL PROVISIONS. Sec. Renumbered from Property Code, Section 92.016 by Acts 2007, 80th Leg., R.S., Ch. (d) For purposes of this section, if a tenant's rent is subsidized in whole or in part by a governmental entity, "one month's rent" means one month's fair market rent. The primary characteristics of a tenancy in common are: Each tenant in common holds a separate and undivided interest in the property. 92.058. 10, eff. September 1, 2011. (d) For purposes of Subsection (b)(3) or (4), in determining whether a period of time is a reasonable time to repair or remedy a condition, there is a rebuttable presumption that seven days is a reasonable time. (2) the landlord secures a replacement tenant satisfactory to the landlord and the replacement tenant occupies the dwelling on or before the commencement date of the lease. (2) enter the payment date and amount in a record book maintained by the landlord. 630), Sec. 534), Sec. 2, eff. (e) If the requirements of Subsection (d) of this section are met, a tenant may: (1) have the condition repaired or remedied immediately following the tenant's notice of intent to repair if the condition involves sewage or flooding as referred to in Paragraph (A) of Subdivision (3) of Subsection (d) of this section; (2) have the condition repaired or remedied if the condition involves a cessation of potable water as referred to in Paragraph (A) of Subdivision (3) of Subsection (d) of this section and if the landlord has failed to repair or remedy the condition within three days following the tenant's delivery of notice of intent to repair; (3) have the condition repaired or remedied if the condition involves inadequate heat or cooled air as referred to in Paragraph (C) of Subdivision (3) of Subsection (d) of this section and if the landlord has failed to repair the condition within three days after delivery of the tenant's notice of intent to repair; or. Law Office of Farren Sheehan for a consultation. HARASSMENT. (a) This subchapter does not apply to: (1) a room in a hotel, motel, or inn or to similar transient housing; (2) residential housing owned or operated by a public or private college or university accredited by a recognized accrediting agency as defined under Section 61.003, Education Code; (3) residential housing operated by preparatory schools accredited by the Texas Education Agency, a regional accrediting agency, or any accrediting agency recognized by the commissioner of education; or. (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. TYPE, BRAND, AND MANNER OF INSTALLATION. Sept. 1, 2003. 92.0081 Warehouse Partners v. Gardner (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. INSTALLATION AND LOCATION. (9) "Possession of a dwelling" means occupancy by a tenant under a lease, including occupancy until the time the tenant moves out or a writ of possession is issued by a court. RESIDENTIAL TENANT'S RIGHT OF REENTRY AFTER UNLAWFUL LOCKOUT. (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. 5, eff. Austin law firm provides the personal attention that only a small firm can provide - Call Us Now - (512) 355-0155, 1601 Pfennig Lane Three, three co tenants can have a 60% 30% and 10% ownership interest in the land. (13) "Sliding door pin lock" means a lock on a sliding glass door that consists of a pin or nail inserted from the interior side of the door at the side opposite the door's handle and that is designed to prevent the door from being opened or lifted. Except as otherwise required by this subchapter, a landlord may select the type, brand, and manner of installation, including placement, of a security device installed under this subchapter. 92.153. Tenants In Common. 92.008 Williamson v. Howard Texas Property Code Ac. (a) At a tenant's request made at any time, a landlord, at the tenant's expense, shall install: (1) a keyed dead bolt on an exterior door if the door has: (A) a doorknob lock but not a keyed dead bolt; or, (B) a keyless bolting device but not a keyed dead bolt or doorknob lock; and. Tenant-In-Common, or TIC, is a legal ownership structure wherein multiple 1031 exchange investors co-own individual undivided interests in real property assets. 39 (H.B. (f) If a landlord or a landlord's agent violates this section, the tenant may: (1) either recover possession of the premises or terminate the lease; and. 1439, Sec. . Jan. 1, 1996. September 1, 2011. COMMERCIAL TENANCIES . 200, Sec. 34, eff. Added by Acts 1995, 74th Leg., ch. 92.163. 92.052. 1, eff. (b) A tenant who violates this section is presumed to have acted in bad faith. 1, eff. Sec. 92.101. 92.1041. (e) This section does not apply if notice is actually hand delivered to and received by a person occupying the leased premises. The default form of co-ownership in Texas is a tenancy in common. Section 27.0025 defines a community garden as a portion of . (k) If a tenant has established, in accordance with Subsection (j), the circumstances necessary to avoid electric service interruption under that subsection, the landlord may not interrupt or cause the interruption of the tenant's electric service under Subsection (h) before: (1) the 63rd day after the date those circumstances are established; or. 4, eff. NOTICE REGARDING VEHICLE TOWING OR PARKING RULES OR POLICIES. Sec. Aug. 28, 1989. CASUALTY LOSS. 21.001(97), eff. 305, Sec. (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. (2) the date on which all of the conditions in Subsection (a) have been met. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING CERTAIN DECISIONS RELATED TO MILITARY SERVICE. A landlord is presumed to have refunded a security deposit or made an accounting of security deposit deductions if, on or before the date required under this subchapter, the refund or accounting is placed in the United States mail and postmarked on or before the required date. April 1, 2002. 92.014. (j) A person who receives information under Subsection (c), (c-1), or (d) may not disclose the information to any other person except for a legitimate or customary business purpose or as otherwise required by law. (e) This section relates only to a fee, charge, or other sum of money required to be paid under the lease if rent is not paid as provided by Subsection (a)(3), and does not affect the landlord's right to terminate the lease or take other action permitted by the lease or other law. Sept. 1, 1993. Aug. 31, 1987. 576, Sec. COMMON AREA FACILITIES. (f) A landlord who intentionally prevents a tenant from entering the tenant's dwelling under Subsection (b)(3) must provide the tenant with a key to the changed lock on the dwelling without regard to whether the tenant pays the delinquent rent. 1, eff. (C) designed to prevent the door from being opened. (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. 7.002(o), eff. A reconnection fee may not be applied unless agreed to by the tenant in a written lease that states the exact dollar amount of the reconnection fee. (e) If a tenant vacates the premises in breach of a written lease, the landlord may deduct from the tenant's security deposit the reasonable cost incurred by the landlord to rekey a security device as required by this section only if the lease includes a provision that is underlined or printed in boldface type authorizing the deduction. (2) all other exterior doors have a keyless bolting device installed in accordance with the height, strike plate, and throw requirements of Section 92.154. (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. Sec. 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. Acts 1983, 68th Leg., p. 3639, ch. Jan. 1, 1984. (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. (b-1) The person who no longer owns an interest in the rental premises is liable for a security deposit received while the person was the owner until the new owner has received the deposit or has assumed the liability for the deposit, unless otherwise specified by the parties in a written contract. 1205, Sec. Amended by Acts 1995, 74th Leg., ch. Sec. 92.261. LANDLORD'S DEFENSE. (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). 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. Sec. 92.007. Amended by Acts 1989, 71st Leg., ch. 92.161. Acts 1983, 68th Leg., p. 3639, ch. Acts 2007, 80th Leg., R.S., Ch. Added by Acts 2005, 79th Leg., Ch. 92.301. Acts 1983, 68th Leg., p. 3651, ch. 337 (H.B. (3) a delay was caused by circumstances beyond the landlord's control, including the illness or death of the landlord or a member of the landlord's immediate family. Contact our offices to discuss your situation with our experienced real estate attorneys. 869, Sec. SUBCHAPTER F. SMOKE ALARMS AND FIRE EXTINGUISHERS. (3) in other locations controlled by the landlord as necessary to: (A) enter or exit the tenant's rental unit; (B) enter or exit the leased premises; or. (3) "Exterior door" means a door providing access from a dwelling interior to the exterior. 937, Sec. while common law lays out general guidelines for the process. (D) The landlord has been notified in writing by the appropriate local housing, building, or health official or other official having jurisdiction that the condition materially affects the health or safety of an ordinary tenant. . 1, eff. 2.28, eff. (e) A landlord who violates this section is liable to the tenant for actual damages, a civil penalty equal in amount to the amount of one month's rent plus $500, and attorney's fees. 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