92.004. The notice shall also contain a reasonable description of the intended repair or remedy. 576, Sec. 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. 4, eff. 650, Sec. Sec. (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. (a) If a security deposit was not required by a residential lease and the tenant is liable for damages and charges on surrender of the premises, the landlord shall notify the tenant in writing of the landlord's claim for damages and charges on or before the date the landlord reports the claim to a consumer reporting agency or third-party debt collector. September 1, 2017. 1, eff. 576, Sec. (2) enter the payment date and amount in a record book maintained by the landlord. Sept. 1, 1989. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 576, Sec. 683, Sec. (3) if the dwelling unit has multiple levels, at least one smoke alarm must be located on each level. Sec. Aug. 31, 1987. 3101), Sec. (c) A landlord may require a tenant to pay in advance charges for which the tenant is liable under this subchapter if a written lease authorizes the landlord to require advance payment, and the landlord notifies the tenant within a reasonable time after the tenant's request that advance payment is required, and: (1) the tenant is more than 30 days delinquent in reimbursing the landlord for charges to which the landlord is entitled under Subsection (b); or. 3, eff. If a tenant followed the proper procedure and the landlord failed to make the repairs, the tenant may file a lawsuit against the landlord. 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. 588 (S.B. (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. 650, Sec. Otherwise, this subchapter does not affect any other right of a landlord or tenant under contract, statutory law, or common law that is consistent with the purposes of this subchapter or any right a landlord or tenant may have to bring an action for personal injury or property damage under the law of this state. (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. Amended by Acts 1995, 74th Leg., ch. 1303), Sec. This severance remedy is known as "Partition" and is available under Chapter 23 of the Texas Property Code. (2) "Dwelling unit" means a home, mobile home, duplex unit, apartment unit, condominium unit, or any dwelling unit in a multiunit residential structure. 92.0131. Sept. 1, 1999. This can have a profound effect on the dissolution of property during divorce proceedings. (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. Committed to Public Service. TENANT REMEDIES. 92 of the Texas Property Code. (b) A tenant may terminate the tenant's rights and obligations under a lease and may vacate the dwelling and avoid liability for future rent and any other sums due under the lease for terminating the lease and vacating the dwelling before the end of the lease term after the tenant complies with Subsection (c) or (c-1). A tenant who in bad faith violates this section is liable to the landlord for an amount equal to three times the rent wrongfully withheld and the landlord's reasonable attorney's fees in a suit to recover the rent. 92.354. (8) "Multiunit complex" means two or more dwellings in one or more buildings that are: (B) managed by the same owner, agent, or management company; and. Sec. 588 (S.B. Court costs may be waived only if the tenant executes a pauper's affidavit. Q: Why can't property in Texas be held by a married couple as joint tenants with . January 1, 2014. (2) actual expenses incurred by the landlord in securing the replacement, including a reasonable amount for the time of the landlord in securing the replacement tenant. 1, eff. A TIC typically has no right of survivorship. 1367), Sec. 1, eff. Sec. Renumbered from Property Code, Section 92.016 by Acts 2007, 80th Leg., R.S., Ch. (C) taping the notice to the inside of the main entry door of the tenant's dwelling. These co-owners hold an undivided interest and right to possess the property. (e-1) A landlord who changes the locks or otherwise prevents a tenant from entering the tenant's individual rental unit may not change the locks or otherwise prevent a tenant from entering a common area of residential rental property. (b) At the time a landlord offers to a tenant the option of paying a fee in lieu of a security deposit, the landlord shall notify the tenant in writing: (1) that the tenant has the option to instead pay a security deposit; (2) that the tenant has the option to terminate the agreement to pay the fee in lieu of a security deposit at any time and stop paying the fee, and instead, to pay a security deposit in the amount that is otherwise offered to new tenants for substantially similar housing on the date the tenant chooses to pay the security deposit; 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. 1051 (H.B. Section 23.001 et seq. (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. PAYMENT OF CHARGES; LIMITS ON AMOUNT CHARGED. SUBCHAPTER F. SMOKE ALARMS AND FIRE EXTINGUISHERS. January 1, 2010. 1, eff. (b) If a rental applicant requests that any acceptance of the applicant or any refund of the applicant's application deposit be mailed to the applicant, the landlord must mail the refund check to the applicant at the address furnished by the applicant. Aug. 28, 1989. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Acts 1983, 68th Leg., p. 3637, ch. Code 101.002). 21.001(97), eff. Sec. 165, Sec. OCCUPANCY LIMITS. (a) If a landlord has installed a 1A10BC residential fire extinguisher as defined by the National Fire Protection Association or other non-rechargeable fire extinguisher in accordance with a local ordinance or other law, the landlord or the landlord's agent shall inspect the fire extinguisher: (1) at the beginning of a tenant's possession; and. Amended as Sec. Acts 1983, 68th Leg., p. 3633, ch. The nonprevailing party in a suit under this section is liable to the prevailing party for reasonable attorney's fees and court costs. 92.153. Added by Acts 1999, 76th Leg., ch. (d) A customer is not required to provide the notices described by this section if the customer avoids the disconnection by paying the bill. In any litigation under this subsection, the prevailing party shall recover reasonable attorney's fees from the nonprevailing party. 689, Sec. 8, eff. 3, eff. 1, eff. (3) a copy of the settled claim that documents payments made by the insurer to the landlord. (b) After a tenant receives the notice and moves out: (1) the local health officer or building inspector may not allow occupancy of or utility service by separate meter to the rental unit until the officer certifies that he knows of no condition that materially affects the physical health or safety of an ordinary tenant; and. (3) after the tenant gives a repair notice to the landlord and after 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. 576, Sec. This is referred to as a concurrent estate. The Texas Property Code defines wear and tear as "deterioration that results from the intended use of a dwelling, including breakage or malfunction due to age or deteriorated condition.". LANDLORD LIABILITY TO TENANT FOR UTILITY CUTOFF. The landlord shall keep accurate records of all security deposits. 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). (b) If at the time a lease agreement is executed a landlord has vehicle towing or parking rules or policies that apply to the tenant, the landlord shall provide to the tenant a copy of the rules or policies before the lease agreement is executed. (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. (m) This section does not affect the rights of a landlord or tenant in a forcible detainer or forcible entry and detainer action. Sept. 1, 1987. 357, Sec. (e) Repealed by Acts 2017, 85th Leg., R.S., Ch. Sec. The landlord has the burden of proving that the tenant received a copy of the rule or policy change. (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. 576, Sec. 952, Sec. (c-2) Notwithstanding Subsection (c-1), a municipal housing authority located in a municipality that has a population of more than 500,000 and is not more than 50 miles from an international border, or a public facility corporation, affiliate, or subsidiary of the authority, may require that vehicles parked in a community of the authority, corporation, affiliate, or subsidiary be registered with the housing authority. 94.006(a). (2) at the time the tenant receives such evidence, the tenant has not yet terminated the lease or filed suit under this section. 2, eff. Acts 2017, 85th Leg., R.S., Ch. Sec. 92.013. Added by Acts 2021, 87th Leg., R.S., Ch. EXEMPTIONS. Jan. 1, 1996. Sept. 1, 1993. Sec. A new statute will provide new rights to co-tenant heirs and a new option for the Texas real estate attorneys assisting them. 650, Sec. If on a wall, it must be no closer than six inches and no farther than 12 inches from the ceiling or otherwise located in accordance with the manufacturer's installation instructions. (b) A landlord who receives a cash rental payment shall: (1) provide the tenant with a written receipt; and. (a) Not later than the third business day after the date the lease is signed by each party to the lease, a landlord shall provide at least one complete copy of the lease to at least one tenant who is a party to the lease. Added by Acts 1993, 73rd Leg., ch. 92.102. (d) Except as provided by Subsection (f), this section does not affect a tenant's liability for delinquent, unpaid rent or other sums owed to the landlord before the lease was terminated by the tenant under this section. 257 (H.B. Jan. 1, 1984. LIABILITY OF CERTAIN GUARANTORS UNDER LEASE. 1, eff. 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. Acts 2015, 84th Leg., R.S., Ch. WAIVER OR EXPANSION OF DUTIES AND REMEDIES. (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. Sec. Sec. The fee for service of a show cause order is the same as that for service of a civil citation. 1, eff. Jan. 1, 1996. (e) This section does not apply if notice is actually hand delivered to and received by a person occupying the leased premises. 92.203. Sec. (c) This subchapter does not require the landlord: (1) to furnish utilities from a utility company if as a practical matter the utility lines of the company are not reasonably available; or. A security device that is installed, changed, or rekeyed under this subchapter becomes a fixture of the dwelling. (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. (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. The landlord is not liable to repairmen, contractors, or material suppliers who furnish labor or materials to repair or remedy the condition. 1, eff. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 2003. Acts 1983, 68th Leg., p. 3650, ch. 92.001. (d) Subsections (a) and (b) apply only when a tenant is in possession of a dwelling. Acts 1983, 68th Leg., p. 3631, ch. 824 (S.B. Jan. 1, 1984. A landlord and tenant may agree to the provisions of this subsection only if the agreement meets the requirements of Subdivision (4) of Subsection (e) of this section. GENERAL PROVISIONS. 5 baths + 2 kitchens. In this article, I will focus on TIC. 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) 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. (c) The expense of rekeying security devices for purposes of the use or change of the landlord's master key must be paid by the landlord. Section 4001 et seq.). WHEN TENANT'S REQUEST OR NOTICE MUST BE IN WRITING. 576, Sec. (j) A tenant and a landlord may agree that the tenant waives a tenant's rights under this section if the tenant or any dependent living with the tenant moves into base housing or other housing within 30 miles of the dwelling. (g) A smoke alarm that is in good working order at the beginning of a tenant's possession is presumed to be in good working order until the tenant requests repair of the smoke alarm as provided by this subchapter. DEFINITIONS. Jan. 1, 1984. 917 (H.B. Under Section 92.052 of the Texas Property Code, a few requirements must be met before the landlord is required to make the repair: The tenant must be current on their rent. 1275, Sec. 48, Sec. (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. (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. Amended by Acts 1989, 71st Leg., ch. Sec. Sec. (B) arises from the landlord's failure to provide and maintain in good operating condition a device to supply hot water of a minimum temperature of 120 degrees Fahrenheit. If another provision of this subchapter conflicts with this section, this section controls. 1060 (H.B. 92.012. Sept. 1, 2001. 92.263. (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. TENANT'S JUDICIAL REMEDIES. Sec. Sept. 1, 1999. (g) A tenant's right to terminate a lease before the end of the lease term, vacate the dwelling, and avoid liability under this section may not be waived by a tenant. NOTICE OF TENANT'S DEDUCTION OF REPAIR COSTS FROM RENT. 92.302. Refreshed: 2021-06-07 5. Jan. 1, 1984. Acts 2009, 81st Leg., R.S., Ch. Sec. 946), Sec. DEFINITIONS. 1, eff. September 1, 2007. 1367), Sec. 629 (S.B. (2) the date on which all of the conditions in Subsection (a) have been met. (f) A landlord who violates Subsection (b), (c), (d), or (e) is liable for a civil penalty in the amount of $100 plus any towing or storage costs that the tenant incurs as a result of the towing of the tenant's vehicle. With tenancy in common two or more persons hold title to real estate jointly. 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. For example one may own 30 percent of the property while the other owns 70 percent, but despite those ultimate ownership shares, each owner has the right to occupy and use all of the property while . 1072 (H.B. (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. Acts 2009, 81st Leg., R.S., Ch. (a) A party who prevails in a suit brought under this subchapter or Subchapter B, E, or F may recover the party's costs of court and reasonable attorney's fees in relation to work reasonably expended. (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. Added by Acts 2009, 81st Leg., R.S., Ch. (c) An individual who owns or leases a dwelling within 3,000 feet of a dwelling as to which a landlord has violated this section, or a governmental entity or civic association acting on behalf of the individual, may file suit against a landlord to enjoin the violation. 257 (H.B. DEFINITIONS. 209.002. 92.056. (c) If a landlord does not provide the tenant the notice as required by this section, the landlord forfeits the right to collect damages and charges from the tenant. Sec. 869, Sec. 1, eff. TENANT REMEDIES. 92.060. This subsection shall not affect the landlord's duty under Subchapter B to repair or remedy, at the landlord's expense, wastewater stoppages or backups caused by deterioration, breakage, roots, ground conditions, faulty construction, or malfunctioning equipment. 1, eff. 1, eff. 92.058. (o) A landlord may not interrupt or cause the interruption of electric service under Subsection (h) for any of the following reasons: (1) a delinquency in payment for electric service furnished to a previous tenant; (2) failure to pay non-electric bills, rent, or other fees; (3) failure to pay electric bills that are six or more months delinquent; or. (a) A landlord's duty or a tenant's remedy concerning security deposits, security devices, the landlord's disclosure of ownership and management, or utility cutoffs, as provided by Subchapter C, D, E, or G, respectively, may not be waived. (k) If a tenant in bad faith files a sworn complaint for reentry resulting in a writ of reentry 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. April 1, 2002. A tenancy in common occurs when two or more parties jointly hold an interest in property. Acts 2013, 83rd Leg., R.S., Ch. 869, Sec. Amended by Acts 1993, 73rd Leg., ch. (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. 225 (S.B. (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. 92.205. 8, eff. Jan. 1, 1984. (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 92.162. 94.005. If neither box is checked, you should assume the dwelling is in a 100-year floodplain. January 1, 2010. 257 (H.B. 475, Sec. 1, eff. Texas Property Code chapters 92.0081 through 92.009 describe when a landlord may change the locks on a rental unit, and the tenant's remedies if the law is not followed. (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. Notice by mail may be by regular mail, by registered mail, or by certified mail, return receipt requested. Acts 1983, 68th Leg., p. 3638, ch. 1, eff. (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. Jan. 1, 1984. 92.208. Jan. 1, 1984. Renumbered from Property Code Sec. 2, eff. Aug. 28, 1989. (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. (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. If one of the tenants dies, their interest passes to their heirs rather than to the other tenant (s).

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