Jan. 1, 1998. 2022 Texas Statutes Property Code Title 8 - Landlord and Tenant Chapter 92 . Sept. 1, 1993; Acts 1995, 74th Leg., ch. 921 (H.B. (2) the late fee is more than the applicable amount under Subdivision (1), but not more than uncertain damages to the landlord related to the late payment of rent, including direct or indirect expenses, direct or indirect costs, or overhead associated with the collection of late payment. 801, Sec. LATE PAYMENT OF RENT; FEES. Added by Acts 1995, 74th Leg., ch. (C) refund the tenant's security deposit, less lawful deductions, to the person designated under Subdivision (1). Amended by Acts 1989, 71st Leg., ch. 337 (H.B. Sept. 1, 1993. - statute gives landlord the right to terminate a lease executed or renewed after June 15, 1981 and tenant is convicted under the "indecency" provision of the Texas Penal Code and appeals have been exhausted. 92.006. 92.057(d) and amended by Acts 1995, 74th Leg., ch. 1367), Sec. (b) If within the time allowed under Section 92.162(c) a landlord requests advance payment of charges that the landlord is entitled to collect under that section, the landlord shall comply with a tenant's request under Section 92.156(b), 92.157(a), or 92.157(b) within a reasonable time. (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. Yes. (c) The acknowledgment required by Subsection (b) must include a statement substantively equivalent to the following: "Signing this acknowledgment indicates that you have had the opportunity to review the landlord's tenant selection criteria. Acts 1983, 68th Leg., p. 3632, ch. (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. 92.0081 Warehouse Partners v. Gardner (c) A notice to a tenant's primary residence under Subsection (a) may be sent by regular United States mail and shall be considered as having been given on the date of postmark of the notice. Jan. 1, 1996. (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. 93.004 by Acts 2003, 78th Leg., ch. by a joint tenancy with a right of survivorship; or (D) by any other survivorship agreement in which the interest of the decedent passes to a surviving . (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. 92.163. 1367), Sec. This article will briefly explore these types of concurrent estates. 92.333 by Acts 1997, 75th Leg., ch. 4th 1122, 1128, as . (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. January 1, 2016. 322 (H.B. (5) engaging, in bad faith, in a course of conduct that materially interferes with the tenant's rights under the tenant's lease. 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. (e) If a tenant vacates the premises in breach of a written lease, the landlord may deduct from the tenant's security deposit the reasonable cost incurred by the landlord to rekey a security device as required by this section only if the lease includes a provision that is underlined or printed in boldface type authorizing the deduction. Acts 2015, 84th Leg., R.S., Ch. 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. 92.111. 94.006(a). 1, eff. A tenant's request or notice under this subchapter may be given orally unless the tenant has a written lease that requires the request or notice to be in writing and that requirement is underlined or in boldfaced print in the lease. 2, eff. 3167), Sec. Jan. 1, 1984. CHAPTER 93. Sec. (b) Except as provided in Subsection (c), a landlord of a tenant who is liable under Subsection (a) may obtain a judgment against the tenant for damages suffered by the landlord because the tenant removed a battery from a smoke alarm without immediately replacing it with a working battery or knowingly disconnected or intentionally damaged the smoke alarm, causing it to malfunction. Texas is one of nine states that is a community property jurisdiction. Acts 2007, 80th Leg., R.S., Ch. Sec. In general, this means that any property acquired by a couple during their marriage (with a few exceptions) is equally owned by both spouses. (h) A security device required by this section must be operable throughout the time a tenant is in possession of a dwelling. Sec. Acts 1983, 68th Leg., p. 3647, ch. Acts 2013, 83rd Leg., R.S., Ch. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. NOTICE FOR DWELLING LOCATED IN FLOODPLAIN. The request must be a separate document and may not be included as part of a lease agreement. (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. Our Team; Tips; FAQ; . (4) the tenant has the right to install or rekey a security device required by this subchapter and deduct the reasonable cost from the tenant's next rent payment, as provided by Subsection (a)(1). TENANT REMEDIES. Sec. Sept. 1, 1997. 4, eff. 200, Sec. 7, eff. 576, Sec. Sept. 1, 1993. (c) If the landlord retains all or part of a security deposit under this section, the landlord shall give to the tenant the balance of the security deposit, if any, together with a written description and itemized list of all deductions. 1, eff. September 1, 2013. (2) sign a statement authorizing the landlord in the event of the tenant's death to: (A) grant to the person designated under Subdivision (1) access to the premises at a reasonable time and in the presence of the landlord or the landlord's agent; (B) allow the person designated under Subdivision (1) to remove any of the tenant's property found at the leased premises; and. (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. 92.260. TYPE, BRAND, AND MANNER OF INSTALLATION. September 1, 2017. 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. 3, eff. Oral notices of change are insufficient. (2) checking to ensure the fire extinguisher gauge or pressure indicator indicates the correct pressure as recommended by the manufacturer of the fire extinguisher. If a municipality or a county revokes a certificate of occupancy for a leased premises because of the landlord's failure to maintain the premises, the landlord is liable to a tenant who is not in default under the lease for: (1) the full amount of the tenant's security deposit; (2) the pro rata portion of any rental payment the tenant has paid in advance; (3) the tenant's actual damages, including any moving costs, utility connection fees, storage fees, and lost wages; and. (c) The landlord has the burden of pleading and proving, by clear and convincing evidence, that the landlord gave the tenant the required notice of the illegality and the penalties and that the tenant's violation was done in bad faith. 92.202. If the lease is in writing and is not in violation of Section 92.006, the tenant's proof of a knowing violation must be clear and convincing. Sec. 92.253. Jan. 1, 1984. 92.0563. January 1, 2014. (c) A security device required by Subsection (a) or (b) must be installed at the landlord's expense. 1072 (H.B. 1, eff. There shall be a rebuttable presumption that the landlord acted in good faith and with continued diligence for the first affidavit for delay the landlord delivers to the tenant. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING CERTAIN SEX OFFENSES OR STALKING. 1, eff. 588 (S.B. Acts 2017, 85th Leg., R.S., Ch. 1, eff. WAIVER OR EXPANSION OF DUTIES AND REMEDIES. Sec. (2) 48 inches from the floor, if installed on or after September 1, 1993. (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. 92.010. (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. This chapter applies only to the relationship between landlords and tenants of residential rental property. 1, eff. Sec. 1, eff. (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. 10, eff. Common areas - When properties have community . 83), Sec. (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 managing agent or an agent to whom rent is regularly paid, whether residing or maintaining an office on-site or off-site, is the agent of the landlord for purposes of notice and other communications required or permitted by this subchapter. 17.01(44), eff. Sept. 1, 2001. Acts 2007, 80th Leg., R.S., Ch. 07/26/2013. These concurrent estates are similar, but have key distinctions which can have significant effects when it comes to issues of inheritance. 744, Sec. A mutual agreement for tenant repair under Subsection (g) of Section 92.0561 is not a violation of Section 92.006. 5, eff. Amended by Acts 1995, 74th Leg., ch. 650, Sec. 1, eff. V 3. (2) may not be effective before the 14th day after the date notice of the change is delivered to the tenant, unless the change is the result of a construction or utility emergency. (l) A deferred payment plan for the purposes of this section must be in writing. 1198 (S.B. Sept. 1, 1987. (a-1) For purposes of this section, a late fee is considered reasonable if: (A) 12 percent of the amount of rent for the rental period under the lease for a dwelling located in a structure that contains not more than four dwelling units; or, (B) 10 percent of the amount of rent for the rental period under the lease for a dwelling located in a structure that contains more than four dwelling units; or. 31.01(71), eff. Under the Texas Property Code, you have five options to serve an eviction notice on your renter. (g) A tenant who terminates a lease under Subsection (b) is released from all liability for any delinquent, unpaid rent owed to the landlord by the tenant on the effective date of the lease termination if the lease does not contain language substantially equivalent to the following: "Tenants may have special statutory rights to terminate the lease early in certain situations involving certain sexual offenses or stalking.". Instead, joint owners of real property "may compel a partition of the interest or the property among the joint owners." TEX. 1, eff. 2(119), eff. (a) A tenant of a landlord who is liable under Section 92.202, 92.203, or 92.204 may obtain or exercise one or more of the following remedies: (1) a court order directing the landlord to make a disclosure required by this subchapter; (2) a judgment against the landlord for an amount equal to the tenant's actual costs in discovering the information required to be disclosed by this subchapter; (3) a judgment against the landlord for one month's rent plus $100; (4) a judgment against the landlord for court costs and attorney's fees; and. 91.002 by Acts 1987, 70th Leg., ch. EMERGENCY PHONE NUMBER. 1439, Sec. Amended by Acts 1985, 69th Leg., ch. 5, eff. Jan. 1, 1996. Sec. (B) if the report or record described by Paragraph (A) identifies the victim by means of a pseudonym, as defined by Article 58.001, Code of Criminal Procedure, a copy of a pseudonym form completed and returned under Article 58.152(a) of that code. 92.0131. January 1, 2010. Renumbered from Property Code Sec. September 1, 2019. 1072 (H.B. (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. 1, eff. (2) may not terminate or suspend the permit until the date the tenant's right of possession ends. The tenant shall have the burden of pleading and proving a knowing violation. Last accessed. Acts 1983, 68th Leg., p. 3647, ch. 1168), Sec. Jan. 1, 1996; Acts 1995, 74th Leg., ch. 576, Sec. A common tenant defense is that their landlord did not adhere to all the legal requirements for evicting them. (C) explaining the remedies available to the tenant for the landlord's failure to comply. (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. Jan. 1, 1984. 1, eff. The landlord shall post the hours of operation or availability of the facility in a conspicuous place at the facility. 92.057(a) and amended by Acts 1995, 74th Leg., ch. 1, eff. 92.061. 921 (H.B. (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 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. (e) This section does not apply to a landlord's duty to install or rekey, without necessity of a tenant's request, a security device under Section 92.153 or 92.156(a). 92.206. Co-tenants are "undivided," in the eyes of many states. (b) If a smoke alarm powered by battery has been installed in a dwelling unit built before September 1, 1987, in compliance with this subchapter and local ordinances, a local ordinance may not require that a smoke alarm powered by alternating current be installed in the unit unless: (1) the interior of the unit is repaired, remodeled, or rebuilt at a projected cost of more than $5,000 and: (A) the repair, remodeling, or rebuilding requires a municipal building permit; and, (i) the repair, remodeling, or rebuilding results in the removal of interior walls or ceiling finishes exposing the structure; or. January 1, 2016. 7, eff. (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. Amended by Acts 1989, 71st Leg., ch. (6) "Tenant" means a person who is authorized by a lease to occupy a dwelling to the exclusion of others and, for the purposes of Subchapters D, E, and F, who is obligated under the lease to pay rent. 1, eff. A repair bill and receipt may be the same document. A landlord who has provided information under Subdivision (2) or (3) of Subsection (b) of Section 92.201 is liable to a tenant according to this subchapter if: (1) the information becomes incorrect because a name or address changes; and. 1112 (H.B. In addition: (1) if the dwelling unit is designed to use a single room for dining, living, and sleeping, the smoke alarm must be located inside the room; (2) if multiple bedrooms are served by the same corridor, at least one smoke alarm must be installed in the corridor in the immediate vicinity of the bedrooms; and. . 357, Sec. 357, Sec. In this subchapter: (1) "Bedroom" means a room designed with the intent that it be used for sleeping purposes. (2) the landlord does not give the information to the tenant or government official or employee before the eighth day after the date the tenant, official, or employee gives the landlord written notice that the tenant, official, or employee may exercise remedies under this subchapter if the landlord does not comply with the request by the tenant, official, or employee for the information within seven days. January 1, 2016. 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. Added by Acts 1989, 71st Leg., ch. 92.158. 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. June 19, 2009. (a) A landlord shall make a diligent effort to repair or remedy a condition if: (1) the tenant specifies the condition in a notice to the person to whom or to the place where rent is normally paid; (2) the tenant is not delinquent in the payment of rent at the time notice is given; and, (A) materially affects the physical health or safety of an ordinary tenant; or. (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. 92.014. Aug. 31, 1987. Amended as Sec. June 20, 2003. (3) that the guarantor is liable under a renewal of the lease only if the renewal: (A) involves the same parties as the original lease; and. 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. 91.002 by Acts 1987, 70th Leg., ch. 650, Sec. 918, Sec. (4) obtain judicial remedies according to Section 92.0563. Sept. 1, 1997. (d) If the landlord closes the rental unit after the tenant gives the landlord a notice to repair and the tenant moves out on or before the end of the rental term, the landlord must pay the tenant's actual and reasonable moving expenses, refund a pro rata portion of the tenant's rent from the date the tenant moves out, and, if otherwise required by law, return the tenant's security deposit. 576, Sec. This is referred to as a concurrent estate. The landlord has the burden of proving that the tenant received a copy of the rule or policy change. Aug. 28, 1989. TITLE 8. (c) The justice, county, and district courts have concurrent jurisdiction in an action under Subsection (a). APPLICATION OF SUBCHAPTER. A life tenant may retain, as life tenancy property, any real property originally conveyed to the life tenant without being subject to the fiduciary duties of a trustee; however, the life tenant is subject to the common law duties of a life tenant. Notice by mail may be by regular mail, by registered mail, or by certified mail, return receipt requested. 13, eff. Section 511. Jan. 1, 1984. If the writ is disobeyed, the tenant or the tenant's attorney may file in the court in which the reentry 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. (C) damage the property of the landlord, other tenants, or neighbors. (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. Amended by Acts 1993, 73rd Leg., ch. (B) 48 inches from the floor, if installed on or after September 1, 1993. This type of ownership is common among unmarried individuals when one contributes . On receipt of an affidavit, the justice shall issue a show cause order, directing the person to appear on a designated date and show cause why the person should not be adjudged in contempt of court. 92.054. 12, eff. 576, Sec. 826, Sec. 31.01(71), eff. Aug. 28, 1989. (f) For the purposes of this section, an owner or property manager may disclose either an actual name or names or an assumed name if an assumed name certificate has been recorded with the county clerk. (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. It also means a "dwelling" as defined by Section 92.001. Sec. 1051 (H.B. Amended by Acts 1989, 71st Leg., ch. Jan. 1, 1984. they can remain a tenant in the property. A provision of a rental application that purports to waive a right or exempt a party from a liability or duty under this subchapter is void. 683, Sec. Acts 1983, 68th Leg., p. 3637, ch. (3) included in an attachment to the lease agreement that is signed by the tenant, but only if the attachment is expressly referred to in the lease agreement. 576, Sec. Refreshed: 2021-06-07 Sec. Sec. Jan. 1, 1984. No further notice from the tenant is necessary in order for the tenant to repair or remedy the condition after a reasonable time has elapsed. Jan. 1, 1984. (2) entered into a deferred payment plan that complies with Subsection (l). (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. 4, eff. 1, eff. LANDLORD'S DEFENSES RELATING TO INSTALLING OR REKEYING CERTAIN SECURITY DEVICES. Sept. 1, 1989. 3101), Sec. Jan. 1, 1996. 257 (H.B. (b) Notice under this section must be in writing and may be given in person, by mail, or by delivery to the premises. The Texas Property Code bars landlords from retaliating against tenants within six months of the tenant establishing, attempting to establish, or participating in a tenant organization. The customer must provide the notice by mail to the tenant's or owner's preferred mailing address or hand deliver the notice to the tenant or owner. (b) This section does not authorize a recovery of attorney's fees in an action brought under Subchapter E or F for damages that relate to or arise from property damage, personal injury, or a criminal act. 1, eff. LANDLORD'S DEFENSES. 946), Sec. (b) Unless otherwise provided in a written lease, a tenant shall provide one duplicate of the key to any key-operated security device installed or rekeyed by the tenant under Section 92.164(a)(1) or 92.165(1) within a reasonable time after the landlord's written request for the key. (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. 869, Sec. Tenants In Common. Acts 1983, 68th Leg., p. 3649, ch. (c) A tenant is not liable for damages suffered by the landlord if the damage is caused by the landlord's failure to repair the smoke alarm within a reasonable time after the tenant requests it to be repaired, considering the availability of material, labor, and utilities. Acts 2011, 82nd Leg., R.S., Ch. (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. 1, eff. 1, eff. (c) Disclosure of information to a tenant may be made under Subdivision (1) or (2) of Subsection (b) before the tenant requests the information. (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). 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 the contempt action or omission in a manner and form as the justice may direct. 4, eff. 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. Amended by Acts 1997, 75th Leg., ch. (14) "Sliding door security bar" means a bar or rod that can be placed at the bottom of or across the interior side of the fixed panel of a sliding glass door and that is designed to prevent the door from being opened. Jan. 1, 1984. PROPERTY CODE. Sec. (5) court costs and attorney's fees, excluding any attorney's fees for a cause of action for damages relating to a personal injury. 39 (H.B. Sept. 1, 1995; Acts 1995, 74th Leg., ch. September 1, 2011. There are three exemptions to the keyless deadbolt requirement of Texas Property Code. 1, eff. (b) A tenant who violates this section is presumed to have acted in bad faith. 92.1041. 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 . Redesignated from Property Code Sec.
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