Specific sections cover the residential landlord's responsibility and liability for repairs, retaliation, the rental application, evictions, security deposits, lockouts, smoke . (2) checking to ensure the fire extinguisher gauge or pressure indicator indicates the correct pressure as recommended by the manufacturer of the fire extinguisher. The legal term "tenants in common" refers to a form of ownership in which two or more people own separate shares of the same real property. 92.018. (6) the tenant was not delinquent in the payment of rent at the time any notice required by this subsection was given. 92.001. Co-tenants may reasonably improve a property without the consent of the other co-tenants, so long as it does not injure the rights of other co-tenants. 2, eff. 1168), Sec. A landlord complies with the requirements of this subchapter relating to the provision of smoke alarms in the dwelling unit if the landlord: (1) has a fire detection device, as defined by Section 6002.002, Insurance Code, that includes a fire alarm device, as defined by Section 6002.002, Insurance Code, installed in a dwelling unit; or. 92.010 by Acts 1995, 74th Leg., ch. NOTICE OF TENANT'S DEDUCTION OF REPAIR COSTS FROM RENT. 1420, Sec. The tenant shall have the burden of pleading and proving a knowing violation. Added by Acts 1999, 76th Leg., ch. Sec. 1, eff. Acts 2011, 82nd Leg., R.S., Ch. Last accessed. (c) If a security device required by Section 92.153 to be installed on or after January 1, 1995, without necessity of a tenant's request has not been installed by the landlord, the tenant may request the landlord to immediately install it, and the landlord shall immediately install it at the landlord's expense. (2) impose monetary or other penalties on a tenant who summons police or emergency assistance if the assistance was requested or dispatched based on the tenant's reasonable belief that an individual was in need of intervention or emergency assistance. Sec. (B) 48 inches from the floor, if installed on or after September 1, 1993. Added by Acts 1995, 74th Leg., ch. 92.262. (B) the National Weather Service issues a heat advisory for a county in which the premises is located or has issued such an advisory on one of the two preceding days. 3, eff. January 1, 2006. 9, eff. (4) "Deposited" means deposited in an account of the landlord or the landlord's agent in a bank or other financial institution. FEE IN LIEU OF SECURITY DEPOSIT. 1, eff. Aug. 26, 1985. (h) If a writ of possession is issued, it supersedes a writ of reentry. If one of the tenants dies, their interest passes to their heirs rather than to the other tenant (s). January 1, 2021. A party who prevails in a suit under this subsection may recover court costs and reasonable attorney's fees from the other party. September 1, 2011. WAIVER OR EXPANSION OF DUTIES AND REMEDIES. Sec. 92.163. Acts 1983, 68th Leg., p. 3630, ch. 576, Sec. PARTITION. Sec. 92.059 and amended by Acts 1995, 74th Leg., ch. STATEMENT OF LATE FEES. (d) A landlord may not intentionally prevent a tenant from entering the leased premises under Subsection (b)(3) unless: (1) the landlord's right to change the locks because of a tenant's failure to timely pay rent is placed in the lease; (2) the tenant is delinquent in paying all or part of the rent; and. (a) A landlord may close a rental unit at any time by giving written notice by certified mail, return receipt requested, to the tenant and to the local health officer and local building inspector, if any, stating that: (1) the landlord is terminating the tenancy as soon as legally possible; and. (h) If a landlord violates this section, the tenant may: (2) recover from the landlord a civil penalty of one month's rent plus $1,000, actual damages, court costs, and reasonable attorney's fees in an action to recover property damages, actual expenses, or civil penalties, less any delinquent rent or other sums for which the tenant is liable to the landlord. Renumbered from Sec. Aug. 28, 1989. 744, Sec. (3) not later than the third day after the date of receipt of the tenant's request, provided the tenant with a written notice: (A) stating that the management company or managing agent has taken the actions in Subdivisions (1) and (2); (B) stating that the owner has not provided or will not provide the necessary funds; and. Sept. 1, 2001. (m) If an insurer seeks reimbursement under Subsection (l)(2), the insurer must include in the reimbursement demand: (1) evidence of damages or unpaid rent that the landlord submitted to the insurer; (2) evidence of damage repair costs that the landlord submitted to the insurer; and. GENERAL PROVISIONS. (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. (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. Acts 1983, 68th Leg., p. 3648, ch. (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). 17, eff. 1, eff. 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. Knowing what conditions the right of entry within the state of Texas is important, as to avoid any legal issues with the residing tenants. (2) exempt any party from a liability or a duty under this section. 165, Sec. The right to a partition is absolute so long as the . While the city would forego property tax revenue, the money that tenants are able to save in rent will be spent in the local economy on other life . 3101), Sec. (4) failure to pay an electric bill disputed by the tenant, unless the landlord has conducted an investigation as required by the particular case and reported the results in writing to the tenant. (3) including the information in a copy of the tenant's lease or in written rules given to the tenant before the tenant requests the information. (5) court costs and attorney's fees, excluding any attorney's fees for a cause of action for damages relating to a personal injury. Added by Acts 1989, 71st Leg., ch. TITLE 7. Acts 2017, 85th Leg., R.S., Ch. (c) The justice, county, and district courts have concurrent jurisdiction in an action under Subsection (a). 92.334 by Acts 1997, 75th Leg., ch. A reasonable time for purposes of this subsection is presumed to be not later than the seventh day after the date the request is received by the landlord. 3, eff. 92.013 by Acts 2001, 77th Leg., ch. 3, eff. Sec. Sec. The hearing shall be held not earlier than the first day and not later than the seventh day after the date the landlord requests a hearing. They're both entitled to the use of the entire house. 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. In Texas, a husband and wife may take title to property as husband and wife, as community property, since Texas is a community property state. Search Texas Statutes. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING CERTAIN SEX OFFENSES OR STALKING. NOTICE OF UTILITY DISCONNECTION OF NONSUBMETERED MASTER METERED MULTIFAMILY PROPERTY TO MUNICIPALITIES, OWNERS, AND TENANTS. (b) A management company or managing agent who is not the owner of a dwelling and who has not purported to be the owner in the lease has a defense to liability under Sections 92.164 and 92.165 if before the date the tenant is in possession of the dwelling or the date of the tenant's request for installation, repair, replacement, change, or rekeying and before any property damage or personal injury to the tenant, the management company or managing agent: (1) did not have funds of the dwelling owner in its possession or control with which to comply with this subchapter; (2) made written request to the dwelling owner that the owner fund and allow installation, repair, change, replacement, or rekeying of security devices as required under this subchapter and mailed the request, certified mail return receipt requested, to the dwelling owner; and. PRESUMPTION OF REFUND OR ACCOUNTING. 1, eff. The fee for service of a writ of restoration of utility service is the same as that for service of a writ of possession. SECURITY DEPOSIT. (2) an earlier date agreed to by the landlord and the tenant. 92.0191. 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. These concurrent estates are similar, but have key distinctions which can have significant effects when it comes to issues of inheritance. Sept. 1, 1999. (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. Sept. 1, 1993. (7) recover court costs and attorney's fees, excluding any attorney's fees for a cause of action for damages relating to a personal injury. Jan. 1, 1996. (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. 3101), Sec. Added by Acts 2003, 78th Leg., ch. 9, eff. 475 (S.B. As you have learned here already, tenancy in common is an arrangement where two or more people share ownership rights in a property. (a) A landlord may not collect from a tenant a late fee for failing to pay any portion of the tenant's rent unless: (1) notice of the fee is included in a written lease; (3) any portion of the tenant's rent has remained unpaid two full days after the date the rent was originally due. However, a landlord may deactivate or remove the locking mechanism of a doorknob lock or remove any device not qualifying as a keyless bolting device if a keyed dead bolt has been installed on the same door. (2) the date on which all of the conditions in Subsection (a) have been met. Jan. 1, 1984. Property and real estate law includes homestead protection from creditors; relationships between landlords and tenants; and other matters pertaining to one's home or residence. Sec. Acts 1983, 68th Leg., p. 3645, ch. (c) If the property is located in a municipality, the customer shall provide the same notice described by Subsection (b) to the governing body of that municipality by certified mail. Homes on Lake Conroe, the fourth-largest lake real estate market in Texas. LANDLORD'S AGENT FOR SERVICE OF PROCESS. 48, Sec. 882), Sec. Sec. Notice by mail may be by regular mail, by registered mail, or by certified mail, return receipt requested. 3, eff. (c-1) If the family violence is committed by a cotenant or occupant of the dwelling, a tenant may exercise the right to terminate the lease under the procedures provided by Subsection (b-1)(1)(A), (C), or (D) or (b-1)(2) and Subsection (c), except that the tenant is not required to provide the notice described by Subsection (c)(3). 126, Sec. These co-owners hold an undivided interest and right to possess the property. The tenant must have let their landlord know about the problem by giving notice to the person or place where they normally pay their rent; and. Renumbered from Property Code Sec. Common areas - When properties have community . 92.109. Added by Acts 1995, 74th Leg., ch. (c) When deducting for the tenant's payment of the landlord's utility bill under this section, the tenant shall submit to the landlord a copy of a receipt from the utility company which evidences the amount of payment made by the tenant to reconnect or avert cutoff of utilities. 744, Sec. CHAPTER 29. (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. Acts 2015, 84th Leg., R.S., Ch. (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. 882), Sec. 1, eff. Acts 1983, 68th Leg., p. 3640, ch. 9, eff. (5-a) "Rental application" means a written request made by an applicant to a landlord to lease premises from the landlord. (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. 1205, Sec. 92.015. POSSESSION OF FIREARMS OR FIREARM AMMUNITION ON LEASED PREMISES. Sec. 48, Sec. (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. (b) A landlord may require a tenant to pay for repair or replacement of a security device if an underlined provision in a written lease authorizes the landlord to do so and the repair or replacement is necessitated by misuse or damage by the tenant, a member of the tenant's family, an occupant, or a guest, and not by normal wear and tear. 92.2611. 593 (S.B. (d) The acknowledgment may be part of the rental application if the notice is underlined or in bold print. LIABILITY FOR WITHHOLDING LAST MONTH'S RENT. Jan. 1, 1984. Tenants in common do not have survivorship rights. Aug. 31, 1987. Acts 2015, 84th Leg., R.S., Ch. (d) 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) the tenant provides a copy of the relevant documentation described by Subsection (c) or (c-1) to the landlord; (2) 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; (3) the 30th day after the date the tenant provided notice under Subdivision (2) expires; and. 07/26/2013. 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. Tenancy in common is a way for two or more individuals to hold the title to a property. 92.055. Joint tenants also have the right to make improvements to the co-owned property. Sept. 1, 1993. (a) If the tenant withholds rents, causes repairs to be performed, or makes rent deductions for repairs in violation of this subchapter, the landlord may recover actual damages from the tenant. 92.208. Joint owners are called co-owners or cotenants, and the. January 1, 2014. Renumbered from Sec. September 1, 2011. (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. 48, Sec. The Tenant Disregards the Notice . 576, Sec. 1268 (H.B. 869, Sec. 11, eff. (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. 917 (H.B. A common tenant defense is that their landlord did not adhere to all the legal requirements for evicting them. 1275, Sec. (b) The landlord must post the phone number required by Subsection (a) prominently outside the management or superintendent's office. (f) If the landlord fails to request a hearing on the tenant's sworn complaint for reentry before the eighth day after the date of service of the writ of reentry on the landlord under Subsection (d), a judgment for court costs may be rendered against the landlord. 92.332 by Acts 1997, 75th Leg., ch. Added by Acts 2007, 80th Leg., R.S., Ch. Acts 1983, 68th Leg., p. 3632, ch. There are no rights of survivorship among the co-owners, and. (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. LANDLORD'S FAILURE TO DISCLOSE INFORMATION. (b) A landlord who receives a cash rental payment shall: (1) provide the tenant with a written receipt; and. Under Texas property codes, the landlord is responsible for a healthy as well as structurally safe building. 1, eff. You should seek insurance coverage that would cover losses caused by a flood.". 1, eff. 13, eff. (4) the fee, unless otherwise specified, is not paying for insurance that covers the tenant or otherwise changes the tenant's obligation to pay rent and damages beyond normal wear and tear. 1099), Sec. 1072 (H.B. 1072 (H.B. RESIDENTIAL TENANT'S RIGHT OF REENTRY AFTER UNLAWFUL LOCKOUT. 1, 3, eff. Added by Acts 1995, 74th Leg., ch. 576, Sec. 4, eff. A fee may not be applied to a deferred payment plan entered into under this section. Renumbered from Property Code Sec. (b) If a tenant files or prosecutes a suit under this subchapter in bad faith, the landlord may recover possession of the dwelling unit and may recover from the tenant a civil penalty of one month's rent plus $500, court costs, and reasonable attorney's fees. 744, Sec. 5, eff. V 3. 1198 (S.B. (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. Sept. 1, 1997. 600 (H.B. Amended by Acts 1989, 71st Leg., ch. Added by Acts 1989, 71st Leg., ch. 2, eff. Sec. (a) The landlord is not liable for retaliation under this subchapter if the landlord proves that the action was not made for purposes of retaliation, nor is the landlord liable, unless the action violates a prior court order under Section 92.0563, for: (1) increasing rent under an escalation clause in a written lease for utilities, taxes, or insurance; or. 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 . January 1, 2016. 94.006(a). TYPE, BRAND, AND MANNER OF INSTALLATION. Sept. 1, 1995; Acts 1995, 74th Leg., ch. The fair market rent shall be determined by the governmental agency subsidizing the rent, or in the absence of such a determination, it shall be a reasonable amount of rent under the circumstances. Sec. (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. 576, Sec. Sec. 576, Sec. 512 (H.B. Jan. 1, 1984. 8, eff. Renumbered from Property Code Sec. Added by Acts 1997, 75th Leg., ch. 3, eff. (a) For purposes of this section, "dependent," "military service," and "servicemember" have the meanings assigned by 50 App. (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. (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. (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. 2, eff. (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. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. If the acknowledgment is not signed, there is a rebuttable presumption that the notice was not made available to the applicant. INTERRUPTION OF UTILITIES. RESIDENTIAL TENANT'S RIGHT OF RESTORATION AFTER UNLAWFUL UTILITY DISCONNECTION. (2) knows or has reason to know that the requirements of the subsection granting the exemption are not fulfilled. (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. 1, eff. (2) 48 inches from the floor, if installed on or after September 1, 1993. (c) If Subsection (b) does not apply, the owner's management company, on-premise manager, or rent collector serving the dwelling is the owner's authorized agent for service of process unless the owner's name and business street address have been furnished in writing to the tenant. Aug. 31, 1987. Added by Acts 1999, 76th Leg., ch. 92.0081. A tenant of a landlord who is liable under Section 92.259 may obtain or exercise one or more of the following remedies: (1) a court order directing the landlord to comply with the tenant's request if the tenant is in possession of the dwelling unit; (2) a judgment against the landlord for damages suffered by the tenant because of the landlord's violation; (3) a judgment against the landlord for a civil penalty of one month's rent plus $100 if the landlord violates Section 92.259(a)(2); (4) a judgment against the landlord for court costs; (5) a judgment against the landlord for attorney's fees in an action under Subdivision (1) or (3); and. 3101), Sec. Amended as Sec. (B) a peephole having a barrel with a one-way lens of glass or other substance providing an angle view of not less than 160 degrees. However, this subchapter does not prohibit the adoption of a local ordinance that conforms to this subchapter but which contains additional enforcement provisions. 576, Sec. Aug. 26, 1985. NOTICE TO TENANT AT PRIMARY RESIDENCE. TITLE 4. 1, eff. (C) taping the notice to the inside of the main entry door of the tenant's dwelling. 3, eff. 34, eff. Added by Acts 1995, 74th Leg., ch. 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). Amended by: Acts 2009, 81st Leg . (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. January 1, 2014. Sept. 1, 1993. (4) a living unit in an apartment, condominium, cooperative, or townhome project. 92.157. Each owner has the right to leave his share of the property to any beneficiary upon the owner's death. 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. Termination of a lease under this subsection is effective when the tenant surrenders possession of the dwelling. (2) the landlord may not allow reoccupancy or reconnection of utilities by separate meter within six months after the date the tenant moves out. (a) A landlord shall give prior written notice to a tenant regarding a landlord rule or policy change that is not included in the lease agreement and that will affect any personal property owned by the tenant that is located outside the tenant's dwelling. 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