Amended by Acts 1993, 73rd Leg., ch. 92.109. (h) If a writ of possession is issued, it supersedes a writ of restoration of utility service. (2) the landlord fails to correct the information on or before the seventh day after the date the tenant gives the landlord written notice that the tenant may exercise the remedies under this subchapter if the corrected information is not provided within seven days. 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. 357, Sec. (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. Added by Acts 1999, 76th Leg., ch. COMMON AREA FACILITIES. 601 (H.B. The reconnection fee must be computed based on the average cost to the landlord for the expenses associated with the reconnection, but may not exceed $10. 882), Sec. A new statute will provide new rights to co-tenant heirs and a new option for the Texas real estate attorneys assisting them. 18 (S.B. 576, Sec. 302), Sec. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. In an eviction suit, retaliation by the landlord under Section 92.331 is a defense and a rent deduction lawfully made by the tenant under this chapter is a defense for nonpayment of the rent to the extent allowed by this chapter. Jan. 1, 1984. (b) Except as provided by Section 92.255(b), a smoke alarm may be powered by battery, alternating current, or other power source as required by local ordinance. Sec. 689, Sec. 48, Sec. Texas law recognizes three forms of cotenancy: community property, joint tenants with the right of survivorship (JTWS), and tenants in common (TIC). Notice by mail may be by regular mail, by registered mail, or by certified mail, return receipt requested. January 1, 2006. (l) A deferred payment plan for the purposes of this section must be in writing. 917 (H.B. (a) If a security deposit is required by a residential lease, the landlord may choose to offer the tenant an option to pay a fee in lieu of a security deposit. (c) Affidavits under this section may delay repair by the tenant for: (1) 15 days if the landlord's failure to repair is caused by a delay in obtaining necessary parts for which the landlord is not at fault; or. WAIVER. Sec. 1112 (H.B. 1186), Sec. 1420, Sec. 92.335. INSTALLATION PROCEDURE. Sec. . 869, Sec. (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. 92.334 by Acts 1997, 75th Leg., ch. However, if the tenant's rent is subsidized in whole or in part by a governmental agency, the deduction limitation of one month's rent shall mean the fair market rent for the dwelling and not the rent that the tenant pays. Sec. (c) Except as provided in Subsection (d), in the event of the death of a tenant who is the sole occupant of a rental dwelling: (1) the landlord may remove and store all property found in the tenant's leased premises; (2) the landlord shall turn over possession of the property to the person who was designated by the tenant under Subsection (a) or (b) or to any other person lawfully entitled to the property if the request is made prior to the property being discarded under Subdivision (5); (3) the landlord shall refund the tenant's security deposit, less lawful deductions, including the cost of removing and storing the property, to the person designated under Subsection (a) or (b) or to any other person lawfully entitled to the refund; (4) the landlord may require any person who removes the property from the tenant's leased premises to sign an inventory of the property being removed; and. 92.257. Acts 1983, 68th Leg., p. 3641, ch. 744, Sec. (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. APPLICATION OF SUBCHAPTER. In this blog we'll discuss some of the primary differences between tenancy in common (TIC) and community property ownership since the manner in which title is vested has important legal and taxation ramifications for property owners. 92.001. Sept. 1, 1993; Acts 1999, 76th Leg., ch. A landlord may not charge the tenant a fee that is more than the reasonable cost of obtaining and administering the insurance purchased under this subsection. 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. 2118), Sec. Jan. 1, 1984. (e) Repealed by Acts 2017, 85th Leg., R.S., Ch. 1198 (S.B. (4) serve a written request for compliance on the landlord, and, except as provided by Subsections (b) and (c), if the landlord does not comply on or before the third day after the date the notice is received, file suit against the landlord and obtain a judgment for: (A) a court order directing the landlord to comply and bring all dwellings owned by the landlord into compliance, if the tenant serving the written request is in possession of the dwelling; (C) punitive damages if the tenant suffers actual damages; (D) a civil penalty of one month's rent plus $500; (F) attorney's fees except in suits for recovery of property damages, personal injuries, or wrongful death. 6, eff. Section 511. 1, eff. Sec. 826, Sec. 3, eff. 869, Sec. 650, Sec. 138, Sec. In this subchapter: (1) "Bedroom" means a room designed with the intent that it be used for sleeping purposes. Nine states have community property laws: Wisconsin, Louisiana, Texas, New Mexico, Arizona, California . Sec. Jan. 1, 1984. 588 (S.B. (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. 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. 576, Sec. Added by Acts 1995, 74th Leg., ch. September 1, 2007. Homes on Lake Conroe, the fourth-largest lake real estate market in Texas. 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 . If a landlord does not comply with a tenant's request regarding rekeying, changing, adding, repairing, or replacing a security device under Section 92.156(b), 92.157, or 92.158 in accordance with the time limits and other requirements of this subchapter, the tenant may: (1) install, repair, change, replace, or rekey the security devices as required by this subchapter and deduct the reasonable cost of material, labor, taxes, and extra keys from the tenant's next rent payment in accordance with Section 92.166; (2) unilaterally terminate the lease without court proceedings; and. A landlord who violates this section shall be liable to the tenant for all judicial remedies under Section 92.0563 except that the civil penalty under Subdivision (3) of Subsection (a) of Section 92.0563 shall be one month's rent plus $1,000. The notice must include the following text in both English and Spanish: "Notice to residents of (name and address of nonsubmetered master metered multifamily property): Electric (or gas) service to this property is scheduled for disconnection on (date) because (reason for disconnection).". 1862), Sec. Acts 2019, 86th Leg., R.S., Ch. 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. 1439, Sec. 576, Sec. Renumbered from Property Code Sec. Amended by Acts 1993, 73rd Leg., ch. 2, eff. Aug. 28, 1989; Acts 1997, 75th Leg., ch. 942, Sec. (4) obtain judicial remedies according to Section 92.0563. 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. Sept. 1, 1993. Sec. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 937, Sec. 92.053. 576, Sec. 92.107. In Texas, there are three main types of co-tenancies: community property (property owned between spouses), joint tenants with the right of survivorship, and tenants in common. Sec. (c) The tenant's claim to the security deposit takes priority over the claim of any creditor of the landlord, including a trustee in bankruptcy. (3) leaving the notice inside the dwelling in a conspicuous place if notice in that manner is authorized in a written lease. (C) by a metal bar or metal tube that is placed across the entire interior side of the door and secured in place at each end of the bar or tube by heavy-duty metal screw hooks. (d) If a landlord knows that flooding has damaged any portion of a dwelling at least once during the five-year period immediately preceding the effective date of the lease, the landlord shall provide a written notice to a tenant that is substantially equivalent to the following: "(Landlord) ( ) is or ( ) is not aware that the dwelling you are renting has flooded at least once within the last five years.". Unlike most states Texas does not automatically recognize joint tenancies as having a right of survivorship. 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). (3) the landlord has locally mailed not later than the fifth calendar day before the date on which the door locks are changed or hand-delivered to the tenant or posted on the inside of the main entry door of the tenant's dwelling not later than the third calendar day before the date on which the door locks are changed a written notice stating: (A) the earliest date that the landlord proposes to change the door locks; (B) the amount of rent the tenant must pay to prevent changing of the door locks; (C) the name and street address of the individual to whom, or the location of the on-site management office at which, the delinquent rent may be discussed or paid during the landlord's normal business hours; and. In any litigation under this subsection, the prevailing party shall recover reasonable attorney's fees from the nonprevailing party. 576, Sec. (888) 601-6005 [email protected] About Us. (a) In this section, "governmental entity" means the state, an agency of the state, or a political subdivision of the state. January 1, 2008. (b) If the tenant or the tenant's invited guest removes, misuses, damages, or otherwise disables a fire extinguisher: (1) the landlord is not required to repair or replace the fire extinguisher at the landlord's expense; and. Schedule the entry during regular business hours, and try to work around the tenant's schedule as much as possible. When a new tenant arrives, all security devices in the building must be rekeyed. (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. (c) Repairs and deductions under this section may be made as often as necessary so long as the total repairs and deductions in any one month do not exceed one month's rent or $500, whichever is greater. The tenant has no choice but to leave the premises before the end of the notice period. 1349 (H.B. This severance remedy is known as "Partition" and is available under Chapter 23 of the Texas Property Code. 918, Sec. Acts 1983, 68th Leg., p. 3633, ch. Acts 1983, 68th Leg., p. 3649, ch. The tenant may unilaterally terminate the lease or exercise other remedies under Sections 92.164 and 92.165 after receiving written notice from a management company that the owner of the dwelling has not provided or will not provide funds to repair, install, change, replace, or rekey a security device as required by this subchapter. (a) A landlord may not require a tenant to pay for repair or replacement of a security device due to normal wear and tear. Aug. 31, 1987. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING CERTAIN SEX OFFENSES OR STALKING. LANDLORD LIABILITY AND TENANT REMEDIES; NOTICE AND TIME FOR REPAIR. 1420, Sec. Jan. 1, 1996. Chapter 91, Section 3 (91.003) - public indecency. January 1, 2008. Sec. 1051 (H.B. LANDLORD REMEDY FOR TENANT VIOLATION. (C) located on the same lot or tract or adjacent lots or tracts of land. (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. Jan. 1, 1996. they can remain a tenant in the property. (b) A smoke alarm must be installed on a ceiling or wall. Each party may freely sell, devise, lease, or otherwise transfer their interest in the property. The governing body of the municipality may provide additional notice to the property's tenants and owners after receipt of the service disconnection notice under this subsection. (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. 1, eff. (d) A landlord to whom Subsection (a) does not apply must provide to a tenant a telephone number for the purpose of reporting emergencies described by that subsection. (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. Sec. Jan. 1, 1984. Sec. Aug. 28, 1989. Except as provided by Section 92.164(a)(1) or 92.165(1) regarding the remedy of repair-and-deduct, a tenant may not remove, change, rekey, replace, or alter a security device or have it removed, changed, rekeyed, replaced, or altered without permission of the landlord. (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. Jan. 1, 1984. (c) Notwithstanding Subsection (b), a landlord is not required to disclose on the notice that the landlord is aware that a dwelling is located in a 100-year floodplain if the elevation of the dwelling is raised above the 100-year floodplain flood levels in accordance with federal regulations. Acts 1983, 68th Leg., p. 3639, ch. (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. . Acts 1983, 68th Leg., p. 3648, ch. (i) If the landlord or the person on whom a writ of restoration of utility service is served fails to immediately comply with the writ or later disobeys the writ, the failure is grounds for contempt of court against the landlord or the person on whom the writ was served under Section 21.002, Government Code. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 94.005. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING TENANT'S DEATH. TYPE, BRAND, AND MANNER OF INSTALLATION. Co-buyers can take title as joint tenants with right of survivorship or tenants in common. PROPERTY CODE. (2) "Landlord" means the owner, lessor, or . January 1, 2016. January 1, 2006. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 92.020. In addition to other remedies provided by law, if a landlord retaliates against a tenant under this subchapter, the tenant may recover from the landlord a civil penalty of one month's rent plus $500, actual damages, court costs, and reasonable attorney's fees in an action for recovery of property damages, moving costs, actual expenses, civil penalties, or declaratory or injunctive relief, less any delinquent rents or other sums for which the tenant is liable to the landlord. 1, eff. CASUALTY LOSS. 3, eff. Tex. 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. For purposes of this subsection, there shall be a rebuttable presumption that the landlord acted without knowledge of the violation. 1414), Sec. 4, eff. (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. (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. Added by Acts 2003, 78th Leg., ch. Texas Property Code Sec. If a landlord removes any of the items listed in this subsection for a bona fide repair or replacement, the repair or replacement must be promptly performed. What Does The Texas Landlord And Tenant Act Cover? (g) A party may appeal from the court's judgment at the hearing on the sworn complaint for restoration of utility service in the same manner as a party may appeal a judgment in a forcible detainer suit. January 1, 2016. 92.0081 Warehouse Partners v. Gardner 650, Sec. 92.160. Sec. 48, Sec. If the property is financed, all tenants must sign for the mortgage. 48, Sec. Acts 1983, 68th Leg., p. 3638, ch. If the writ is disobeyed, the tenant or the tenant's attorney may file in the court in which the action is pending an affidavit stating the name of the person who has disobeyed the writ and describing the acts or omissions constituting the disobedience. 1, eff. Sec. AGENTS FOR DELIVERY OF NOTICE. A fee may not be applied to a deferred payment plan entered into under this section. 576, Sec. Their key, card, or combination lock was replaced. A sheriff or constable may use reasonable force in executing a writ of reentry under this section. Jan. 1, 1984. (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. 1, eff. 92.152. 5, eff. (b) Termination of a lease under this section is effective on the later of: (1) the 30th day after the date on which the notice under Subsection (a) was provided; or. (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 sliding door pin lock or sliding door security bar required by this subchapter must be installed at a height not higher than: (1) 54 inches from the floor, if installed before September 1, 1993; or. In this chapter: (1) "Assessment" means a regular assessment, special assessment, or other amount a property owner is required to pay a property owners' association under the dedicatory instrument or by law. (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. (2) be installed in a door with a metal doorjamb that serves as the strike plate. 92.255. 92.151. Sec. Sec. 221 (H.B. (b) A late fee under this section may include an initial fee and a daily fee for each day any portion of the tenant's rent continues to remain unpaid, and the combined fees are considered a single late fee for purposes of this section. 92.206. (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. PRESUMPTION OF REFUND OR ACCOUNTING. Jan. 1, 1984. Added by Acts 2007, 80th Leg., R.S., Ch. PAYMENT OF CHARGES; LIMITS ON AMOUNT CHARGED. September 1, 2011. 1, eff. 576, Sec. Sec. (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. Added by Acts 2019, 86th Leg., R.S., Ch. Sec. September 1, 2019. 2.28, eff. 3, eff. (c) If the tenant has complied with Subsection (b) and if the justice reasonably believes an unlawful utility disconnection has likely occurred, the justice may issue, ex parte, a writ of restoration of utility service that entitles the tenant to immediate and temporary restoration of the disconnected utility service, pending a final hearing on the tenant's sworn complaint. 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. 475 (S.B. Sec. 92.054. January 1, 2006. According to the Austin Tenants' Council, the lockout law says: The lease must include written notice of the landlord 's right to exercise a lockout. Amended by Acts 1995, 74th Leg., ch. Joint property ownership with survivorship rights is still a new concept in Texas. (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. (a) Upon written request of a landlord, the landlord's tenant shall: (1) provide the landlord with the name, address, and telephone number of a person to contact in the event of the tenant's death; and. 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). (2) the tenant and the tenant's dependent move, wholly or partly, because of a significant financial loss of income caused by the tenant's military service. ATTORNEY'S FEES. The term includes double-hinged patio doors. . TITLE 7. LANDLORD'S FAILURE TO INSTALL, INSPECT, OR REPAIR. 13, eff. Tenant-In-Common, or TIC, is a legal ownership structure wherein multiple 1031 exchange investors co-own individual undivided interests in real property assets. 1, eff. 1, eff. The tenant selection criteria may include factors such as criminal history, credit history, current income, and rental history. Sept. 1, 1993. Added by Acts 2021, 87th Leg., R.S., Ch. (3) "Exterior door" means a door providing access from a dwelling interior to the exterior. WHEN TENANT'S REQUEST OR NOTICE MUST BE IN WRITING. 2, eff. 1, eff. FORCED SALE OF OWNER'S INTEREST IN CERTAIN REAL PROPERTY AS REIMBURSEMENT FOR PROPERTY TAXES PAID BY CO-OWNER ON OWNER'S BEHALF . 3, eff. Sec. Jan. 1, 1996. (4) documentation of a protective order issued under Subchapter A, Chapter 7B, Code of Criminal Procedure, except for a temporary ex parte order. 92.0091. Added by Acts 2005, 79th Leg., Ch. Acts 1983, 68th Leg., p. 3637, ch. 92.258. 92.055. (f) A landlord and tenant may agree that, except for those conditions caused by the negligence of the landlord, the tenant has the duty to pay for repair of the following conditions that may occur during the lease term or a renewal or extension: (1) damage from wastewater stoppages caused by foreign or improper objects in lines that exclusively serve the tenant's dwelling; (2) damage to doors, windows, or screens; and. 576, Sec. 92.251. (2) "Door viewer" means a permanently installed device in an exterior door that allows a person inside the dwelling to view a person outside the door. 92.168. Jan. 1, 1984. 10, eff. Jan. 1, 1996. 357, Sec. (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. 17.01(44), eff. 921 (H.B. Acts 2007, 80th Leg., R.S., Ch. (f) Affidavits for delay by a landlord under this section must be submitted in good faith. (2) enter the payment date and amount in a record book maintained by the landlord. Issues not covered by the Property Code are covered by the common law. Jan. 1, 1984. 630), Sec. Sec. Acts 2013, 83rd Leg., R.S., Ch. Sec. 92.204. 1, eff. Aug. 28, 1989. These concurrent estates are similar, but have key distinctions which can have significant effects when it comes to issues of inheritance. 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