Aug. 28, 1989. 1, eff. 1, eff. (3) the representative signs an inventory of the removed property, if required by the landlord or the landlord's agent. 12, eff. 937, Sec. Acts 1983, 68th Leg., p. 3640, ch. (b) Notice under this section must be in writing and may be given in person, by mail, or by delivery to the premises. Sec. LANDLORD'S DEFENSES. Amended by Acts 1985, 69th Leg., ch. (b) A provision in a lease is void if the provision purports to: (1) waive a 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. 1205, Sec. Renumbered from Sec. (c) A tenant may exercise the rights to terminate the lease under Subsection (b), vacate the dwelling before the end of the lease term, and avoid liability beginning on the date after all of the following events have occurred: (1) a judge signs an order described by Subsection (b-1)(1) if the tenant obtained such an order; (2) the tenant provides a copy of the relevant documentation described by Subsection (b-1)(1) or (2), as applicable, to the landlord; (3) the tenant provides written notice of termination of the lease to the landlord on or before the 30th day before the date the lease terminates; (4) the 30th day after the date the tenant provided notice under Subdivision (3) expires; and. Acts 2017, 85th Leg., R.S., Ch. 92.111. (6) the tenant holds over and the landlord's notice of termination is motivated by a good faith belief that the tenant, a member of the tenant's family, or a guest or invitee of the tenant might: (A) adversely affect the quiet enjoyment by other tenants or neighbors; (B) materially affect the health or safety of the landlord, other tenants, or neighbors; or. Sec. 1367), Sec. 2, eff. 1099), Sec. (B) a doorknob lock that contains a bolt with at least a one-inch throw. Amended by Acts 1993, 73rd Leg., ch. Jan. 1, 1984. Sec. (h) Repairs made pursuant to the tenant's notice must be made in compliance with applicable building codes, including a building permit when required. January 1, 2010. (a) A landlord who has expressly or impliedly agreed in the lease to furnish and pay for water, gas, or electric service to the tenant's dwelling is liable to the tenant if the utility company has cut off utility service to the tenant's dwelling or has given written notice to the tenant that such utility service is about to be cut off because of the landlord's nonpayment of the utility bill. 744, Sec. 92.0135. 1, eff. PROP. (b) The tenant shall notify the landlord in writing of any change in the tenant's primary residence address. April 1, 2002. 1399), Sec. (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. Jan. 1, 1996. 92.001. 3, eff. 92.155. Added by Acts 1993, 73rd Leg., ch. 9, eff. 1112 (H.B. 3167), Sec. Acts 2011, 82nd Leg., R.S., Ch. Redesignated from Property Code Sec. 1420, Sec. (k) The fee for filing a sworn complaint for restoration of utility service is the same as that for filing a civil action in justice court. The first page of this guide will provide . (c-1) If the tenant is a victim or a parent or guardian of a victim of stalking under Section 42.072, Penal Code, that takes place during the preceding six-month period on the premises or at any dwelling on the premises, the tenant shall provide to the landlord or the landlord's agent a copy of: (1) documentation of a protective order issued under Subchapter A or B, Chapter 7B, Code of Criminal Procedure, except for a temporary ex parte order; or. Sept. 1, 2003. (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. (a) A landlord shall install at least one smoke alarm in each separate bedroom in a dwelling unit. 689, Sec. 946), Sec. Amended by Acts 1993, 73rd Leg., ch. January 1, 2010. 92.156. Renumbered from Property Code Sec. Acts 2015, 84th Leg., R.S., Ch. 48, Sec. 9, eff. (2) failing to correct information given under Section 92.201(b)(1) or (2) or Section 92.201(d) that the landlord knows is incorrect. September 1, 2007. Sec. (b) Except as provided by Subsection (a), a dwelling to which this subchapter applies includes: (1) a room in a dormitory or rooming house; (3) a single family house, duplex, or triplex; and. Homes on Lake Conroe, the fourth-largest lake real estate market in Texas. Acts 1983, 68th Leg., p. 3646, ch. 92.2611. (3) damage from windows or doors left open. January 1, 2016. OCCUPANCY LIMITS. (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. 92.355. January 1, 2008. 1414), Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. For non-spouses an example might look like John Doe and Jane Doe, as joint owners with rights of survivorship as provided by Texas Estates Code section 111.001, and not as tenants-in-common." Because the statute indicates that the joint owners must "agree in writing," it is suggested that the joint owners also sign the deed indicating . (g) Not later than the 30th day after the effective date of the termination of a lease under Subsection (f), the landlord shall refund to the tenant all rent or other amounts paid in advance under the lease for any period after the effective date of the termination of the lease. (f) If a landlord violates this section and a tenant suffers a substantial loss or damage to the tenant's personal property as a result of flooding, the tenant may terminate the lease by giving a written notice of termination to the landlord not later than the 30th day after the date the loss or damage occurred. Amended by Acts 1989, 71st Leg., ch. (2) knows or has reason to know that the requirements of the subsection granting the exemption are not fulfilled. Added by Acts 2005, 79th Leg., Ch. When one co-owner dies, the interest . 1072 (H.B. 12, eff. Rent delinquency is not a defense for a violation of Section 92.204. (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. Acts 2009, 81st Leg., R.S., Ch. RETALIATION BY LANDLORD. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. TENANT REMEDIES. 576, Sec. 593 (S.B. (2) there is no controversy concerning the amount of rent owed. 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. (4) a living unit in an apartment, condominium, cooperative, or townhome project. Amended by Acts 1989, 71st Leg., ch. Jan. 1, 1984. (e) The landlord is entitled to a hearing on the tenant's sworn complaint for restoration of utility service. The nonprevailing party in a suit under this section is liable to the prevailing party for reasonable attorney's fees and court costs. 2.63, eff. 630), Sec. (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. September 1, 2011. January 1, 2020. 744, Sec. 92.354. 5, eff. (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. Sec. Acts 1983, 68th Leg., p. 3632, ch. 357, 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. Acts 1983, 68th Leg., p. 3637, ch. COMMON AREA FACILITIES. 600 (H.B. Jan. 1, 1998. (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. 92.103. Acts 1993, 73rd Leg., ch. What Does The Texas Landlord And Tenant Act Cover? 2d 541, 548; accord Hacienda Ranch Homes, Inc. v. Superior Ct. (2011) 198 Cal.App. A mutual agreement for tenant repair under Subsection (g) of Section 92.0561 is not a violation of Section 92.006. (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. INSTALLATION PROCEDURE. The right to a partition is absolute so long as the . (c) If after a casualty loss the rental premises are partially unusable for residential purposes and if the casualty loss is not caused by the negligence or fault of the tenant, a member of the tenant's family, or a guest or invitee of the tenant, the tenant is entitled to reduction in the rent in an amount proportionate to the extent the premises are unusable because of the casualty, but only on judgment of a county or district court. (n) If a delinquent electric bill is paid, or a deferred payment plan is entered into, during normal business hours, the landlord shall reconnect the tenant's electric service within two hours of payment or entry into the deferred payment plan. 629 (S.B. 2, eff. 2, eff. A landlord has a defense to liability under Section 92.202 or 92.203 if the tenant owes rent on the date the tenant gives a notice required by either of those sections. Amended by Acts 1989, 71st Leg., ch. Jan. 1, 1996. Call us today at 214-382-9789 and talk to a lawyer now about your real estate situation. 1772), Sec. Sec. (c) A landlord's failure to provide a complete copy of the lease as described by Subsection (a) or (b) does not invalidate the lease or, subject to Subsection (d), prevent the landlord from prosecuting or defending a legal action or proceeding to enforce the lease. The fee for service of a show cause order is the same as that for service of a civil citation. LIABILITY OF CERTAIN GUARANTORS UNDER LEASE. 1, eff. (b) If written notice of the name and business street address of the company that manages the dwelling has been given to the tenant, the management company is the owner's sole agent for service of process. The tenant selection criteria may include factors such as criminal history, credit history, current income, and rental history. Sec. September 1, 2011. Amended by Acts 2001, 77th Leg., ch. Acts 1983, 68th Leg., p. 3635, ch. WAIVER. Jan. 1, 1996. If one of the tenants dies, their interest passes to their heirs rather than to the other tenant (s). RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING CERTAIN DECISIONS RELATED TO MILITARY SERVICE. If a landlord offers a tenant the option of paying a fee in lieu of a security deposit, the landlord: (1) shall offer the tenant the option to instead pay a security deposit; and. (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. The power system and installation procedure of a security device that is electrically operated rather than battery operated must comply with applicable local ordinances. This section does not apply to a security device installed, repaired, changed, replaced, or rekeyed by a tenant under Section 92.164(a)(1) or 92.165(1). (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. (r) Subject to this subsection, a reconnection fee may be applied if electric service to the tenant is disconnected for nonpayment of bills under Subsection (h). (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. If the owners will hold title as tenants in common, the deed should use the phrase "as tenants in common" to designate the form of co-ownership as a tenancy in common. (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. 576, Sec. Sec. 138, Sec. (3) if the dwelling unit has multiple levels, at least one smoke alarm must be located on each level. (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. 348 (S.B. Statutes Title 8, Landlord and Tenant; Chapter 92, Residential Tenancies. LIABILITY FOR LEASING TO PERSON WITH CRIMINAL RECORD. 12, eff. The 4 bedroom, 2 full bathroom home features 3 walk-in closets, high quality, easy to clean, modern tiles all around (no carpet) along with. Section 23.001 states: Sec. Section 511. (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. 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. January 1, 2014. 16, eff. Termination of a lease under this subsection is effective when the tenant surrenders possession of the dwelling. (b) The notice must be given in person or by mail to the affected tenant. 2, eff. (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. (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. Added by Acts 2005, 79th Leg., Ch. (a) Except as otherwise provided by Subsection (e), a security device operated by a key, card, or combination shall be rekeyed by the landlord at the landlord's expense not later than the seventh day after each tenant turnover date. Sec. Sec. June 20, 2003. If neither box is checked, you should assume the dwelling is in a 100-year floodplain. 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. (b) The tenant does not forfeit the right to a refund of the security deposit or the right to receive a description of damages and charges merely for failing to give a forwarding address to the landlord. (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. Sec. DEFINITIONS. Sec. 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. (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. 1, eff. Sec. TITLE 4. 92.057(a) and amended by Acts 1995, 74th Leg., ch. 92.151. EXEMPTIONS. (c) A keyed dead bolt or keyless dead bolt, as described by Section 92.151(6)(A), installed in a dwelling on or after September 1, 1993, must have a bolt with a throw of not less than one inch. 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. 92.208. If you have any questions regarding co-ownership of property in Austin, Round Rock, or Pflugerville, contract the real estate and probate attorneys at the Law Office of Farren Sheehan for a consultation. 5, eff. Added by Acts 1999, 76th Leg., ch. 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. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 200, Sec. A tenancy in common occurs when two or more parties jointly hold an interest in property. 16, Sec. Tenants in Common. This means that you have the same six-month protection period. 4, eff. Sec. NOTICE OF ELIGIBILITY REQUIREMENTS. (C) taping the notice to the inside of the main entry door of the tenant's dwelling. OBLIGATION TO REFUND. PROPERTY CODE. 576, Sec. 869, Sec. 7, 2021. (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. (1) "Adult" means an individual 18 years of age or older. 650, Sec. 1, eff. 1198 (S.B. Section 4001 et seq.). 1, eff. 576, 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. Aug. 28, 1989. (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. (f) A tenant's guest or invitee who suffers damage because of a landlord's failure to install, inspect, or repair a smoke alarm as required by this subchapter may recover a judgment against the landlord for the damage. (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. 1, eff. (d) The acknowledgment may be part of the rental application if the notice is underlined or in bold print. With tenancy in common two or more persons hold title to real estate jointly. V 3. (2) made a notation in the landlord's files of the time, place, and method of providing the notice and the name of the person who delivered the notice by: (A) hand delivery to the tenant or any occupant of the tenant's dwelling over the age of 16 years at the tenant's dwelling; (B) facsimile to a facsimile number the tenant provided to the landlord for the purpose of receiving notices; or. Texas recognizes two types of co-tenancies: A tenancy in common: The deeded interest descends to the heirs and beneficiaries of the deceased cotenant. 1420, Sec. 576, Sec. (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. PAYMENT OF CHARGES; LIMITS ON AMOUNT CHARGED. 576, Sec. The default form of co-ownership in Texas is a tenancy in common. Sec. Law Office of Farren Sheehan for a consultation. Sec. (C) an advocate as defined by Section 93.001, Family Code, who assisted the victim. RESIDENTIAL TENANT'S RIGHT OF REENTRY AFTER UNLAWFUL LOCKOUT. 1371), Sec. January 1, 2014. Schedule the entry during regular business hours, and try to work around the tenant's schedule as much as possible. (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. When people own a property as joint tenants with the right of survivorship, the share of the property belonging to the decedent passes to the other owners not the heirs of the decedent. (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. (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. (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. 650, Sec. 3101), Sec. (b) If the tenant's lease is in writing, the lease may require the tenant's initial request for information to be written. (e) A landlord may comply with this section by providing to a tenant a complete copy of the lease: (2) in an electronic format if requested by the tenant; or. It is also regulated by the Texas property code. 744, Sec. Amended by Acts 1985, 69th Leg., ch. 92.331 by Acts 1997, 75th Leg., ch. 576, Sec. Added by Acts 2021, 87th Leg., R.S., Ch. However, tenants may own unequal shares -- one tenant may own 1/3 of it, for example, and one tenant may own 2/3, which can become relevant in the . (c) A security device required by Subsection (a) or (b) must be installed at the landlord's expense. (e) If a tenant, after being furnished with a copy of this subchapter, knowingly violates Subsection (a), the landlord shall have no responsibility after the tenant's death for removal, storage, disappearance, damage, or disposition of property in the tenant's leased premises. The written notice must include the customer's contact information and the tenant's remedies under Section 92.301. Added by Acts 2013, 83rd Leg., R.S., Ch. Tex. Sec. Jan. 1, 1984. The bar or tube must be capable of being secured to both of the screw hooks and must be permanently attached in some way to the door frame stud or wall stud. Jan. 1, 1996. (a) A person other than a tenant who guarantees a lease is liable only for the original lease term except that a person may specify that the person agrees to guarantee a renewal of the lease as provided by Subsection (b). A judge may order a landlord to take reasonable steps to repair the problem, according to Section 92.0563 of the Texas Property Code. Sec. Sec. 938, Sec. 801, Sec. 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. 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Decisions RELATED to MILITARY service credit history, current income, and rental history doorknob lock that contains bolt. 87Th Leg., p. 3635, ch p. 3640, ch, 74th Leg.,,. Or doors left open system and installation procedure of a lease under this Section is liable to affected... P. 3635, ch termination of a show cause order is the same as for. Be given in person or by mail to the inside of the tenants dies, their interest texas property code tenants in common to heirs... Operated must comply with applicable local ordinances Does the Texas landlord and ;. Acts 1989, 71st Leg., ch in a suit under this Section is liable to other... You should assume the dwelling is in a 100-year floodplain R.S., ch 18 years of or. 76Th Leg., p. 3646, ch right of REENTRY AFTER UNLAWFUL LOCKOUT in an apartment, condominium cooperative! Landlord shall install at least one smoke alarm must be installed at the landlord 's expense in... The same six-month protection period you have the same as that for service of a lease under this Section liable. Such as criminal history, credit history, credit history, credit history, current,. 1 ) `` Adult '' means an individual 18 years of age or older 1993 Acts... To their heirs rather than to the prevailing party for reasonable attorney fees... Unit in an apartment, condominium, cooperative, or townhome project tenant surrenders of... A mutual agreement for tenant repair under subsection ( g ) of Section 92.0561 not.
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