1072 (H.B. The fee for service of a writ of reentry is the same as that for service of a writ of possession. (h) A security device required by this section must be operable throughout the time a tenant is in possession of a dwelling. (b) The tenant's deduction for the cost of the repair or remedy may not exceed the amount of one month's rent under the lease or $500, whichever is greater. 5 baths + 2 kitchens. If the landlord's employees perform the work, the charge may include a reasonable amount for overhead but may not include a profit to the landlord. 92.011. 92.0161. Sec. Misuse of or damage to a security device that occurs during the tenant's occupancy is presumed to be caused by the tenant, a family member, an occupant, or a guest. Sec. (2) within a reasonable time after receiving a written request by a tenant. (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. 4th 1122, 1128, as . 348 (S.B. 6, eff. (4) "French doors" means a set of two exterior doors in which each door is hinged and abuts the other door when closed. 576, Sec. 3101), Sec. (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. Sec. Acts 2011, 82nd Leg., R.S., Ch. Jan. 1, 1984. (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. 92.159. Sept. 1, 1997. 1293), Sec. 92.157. 1, eff. 576, Sec. January 1, 2010. 357, Sec. 1862), Sec. LANDLORD'S AGENT FOR SERVICE OF PROCESS. 1, eff. Co-buyers can take title as joint tenants with right of survivorship or tenants in common. Acts 2011, 82nd Leg., R.S., Ch. 18, eff. (h) If a writ of possession is issued, it supersedes a writ of reentry. 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. 650, Sec. Added by Acts 2005, 79th Leg., Ch. January 1, 2010. (2) increasing rent or reducing services as part of a pattern of rent increases or service reductions for an entire multidwelling project. (3) "Exterior door" means a door providing access from a dwelling interior to the exterior. Sec. 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. Amended by Acts 1997, 75th Leg., ch. BURDEN OF PROOF. (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. Except as otherwise required by this subchapter, a landlord may select the type, brand, and manner of installation, including placement, of a security device installed under this subchapter. (c) If the tenant has complied with Subsection (b) and if the justice reasonably believes an unlawful lockout has likely occurred, the justice may issue, ex parte, a writ of reentry that entitles the tenant to immediate and temporary possession of the premises, pending a final hearing on the tenant's sworn complaint for reentry. (B) does not increase the guarantor's potential financial obligation for rent that existed under the original lease. 92.332 by Acts 1997, 75th Leg., ch. 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. 946), Sec. 92.1041. (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. 92.006. These co-owners hold an undivided interest and right to possess the property. 1783), Sec. (a) If a landlord has locked a tenant out of leased premises in violation of Section 92.0081, the tenant may recover possession of the premises as provided by this section. Other judicial actions under this chapter may not be joined with an eviction suit or asserted as a defense or crossclaim in an eviction suit. 869, Sec. The tenant selection criteria may include factors such as criminal history, credit history, current income, and rental history. Acts 2009, 81st Leg., R.S., Ch. (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. (4) a judgment against the tenant for reasonable attorney's fees. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING CERTAIN DECISIONS RELATED TO MILITARY SERVICE. 576, Sec. 92 of the Texas Property Code. 576, Sec. Sec. When people own a property as joint tenants with the right of survivorship, the share of the property belonging to the decedent passes to the other owners not the heirs of the decedent. The landlord may satisfy that burden of proof by providing evidence that the landlord: (1) delivered the notice by certified mail, return receipt requested, addressed to the tenant at the tenant's dwelling; or. 1439, Sec. 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. (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. Sec. 92.202. Jan. 1, 1996; Acts 1995, 74th Leg., ch. 92.262. (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). This subchapter applies to all residential leases. (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. 7, eff. Jan. 1, 1984. TENANT'S REMEDY ON NOTICE FROM MANAGEMENT COMPANY. Amended by Acts 1985, 69th Leg., ch. Each owner has the right to leave his share of the property to any beneficiary upon the owner's death. 917 (H.B. Jan. 1, 1996. (b) A landlord may not intentionally prevent a tenant from entering the leased premises except by judicial process unless the exclusion results from: (1) bona fide repairs, construction, or an emergency; (2) removing the contents of premises abandoned by a tenant; or. Sec. Acts 2007, 80th Leg., R.S., Ch. Sec. 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. Jan. 1, 1996. (f) The closing of a rental unit does not prohibit the occupancy of other apartments, nor does this subchapter prohibit occupancy of or utility service by master or individual meter to other rental units in an apartment complex that have not been closed under this section. 1, eff. 92.0561. 969 (H.B. For purposes of this subsection, there shall be a rebuttable presumption that the landlord acted without knowledge of the violation. 1060 (H.B. (f) A landlord who violates this section is liable to the tenant for actual damages, a civil penalty equal to the amount of one month's rent plus $500, and attorney's fees. (a) In this section, "governmental entity" means the state, an agency of the state, or a political subdivision of the state. (a) For purposes of this section: (1) "Family violence" has the meaning assigned by Section 71.004, Family Code. (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. 92.0135. 1, eff. The request must be a separate document and may not be included as part of a lease agreement. (b) Disclosure to a tenant under Subsection (a) must be made by: (1) giving the information in writing to the tenant on or before the seventh day after the day the landlord receives the tenant's request for the information; (2) continuously posting the information in a conspicuous place in the dwelling or the office of the on-site manager or on the outside of the entry door to the office of the on-site manager on or before the seventh day after the date the landlord receives the tenant's request for the information; or. 576, Sec. 1, eff. (2) the date on which all of the conditions in Subsection (a) have been met. Sec. . Repairs may not be made to the foundation or load-bearing structural elements of the building if it contains two or more dwelling units. (a) Except as provided in Subsection (b), a landlord who receives a security deposit or rent prepayment for a dwelling from a tenant who fails to occupy the dwelling according to a lease between the landlord and the tenant may not retain the security deposit or rent prepayment if: (1) the tenant secures a replacement tenant satisfactory to the landlord and the replacement tenant occupies the dwelling on or before the commencement date of the lease; or. 3167), Sec. (h) Subject to Subsections (i), (j), (k), (m), and (o), a landlord who submeters electricity or allocates or prorates nonsubmetered master metered electricity may interrupt or cause the interruption of electric service for nonpayment by the tenant of an electric bill issued to the tenant if: (1) the landlord's right to interrupt electric service is provided by a written lease entered into by the tenant; (2) the tenant's electric bill is not paid on or before the 12th day after the date the electric bill is issued; (3) advance written notice of the proposed interruption is delivered to the tenant by mail or hand delivery separately from any other written content that: (A) prominently displays the words "electricity termination notice" or similar language underlined or in bold; (i) the date on which the electric service will be interrupted; (ii) a location where the tenant may go during the landlord's normal business hours to make arrangements to pay the bill to avoid interruption of electric service; (iii) the amount that must be paid to avoid interruption of electric service; (iv) a statement providing that when the tenant makes a payment to avoid interruption of electric service, the landlord may not apply that payment to rent or other amounts owed under the lease; (v) a statement providing that the landlord may not evict a tenant for failure to pay an electric bill when the landlord has interrupted the tenant's electric service unless the tenant fails to pay for the electric service after the electric service has been interrupted for at least two days, not including weekends or state or federal holidays; and, (vi) a description of the tenant's rights under Subsection (j) to avoid interruption of electric service if the interruption will cause a person residing in the tenant's dwelling to become seriously ill or more seriously ill; and, (C) is delivered not earlier than the first day after the bill is past due or later than the fifth day before the interruption date stated in the notice; and. Furthermore, each co-owner may control an equal or different percentage of the total property. (2) a tenant has notified the landlord that the tenant has used the fire extinguisher for a legitimate purpose. Sec. The tenant has no choice but to leave the premises before the end of the notice period. 92.167. TITLE 7. Sept. 1, 1995. A landlord shall provide to the tenant in a multiunit complex, as that term is defined by Section 92.151, a copy of any applicable vehicle towing or parking rules or policies of the landlord and any changes to those rules or policies as provided by Section 92.0131. (e) A landlord may comply with this section by providing to a tenant a complete copy of the lease: (2) in an electronic format if requested by the tenant; or. 1, eff. Sec. Acts 1983, 68th Leg., p. 3645, ch. 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. (d) If a landlord changes the vehicle towing or parking rules or policies during the term of the lease agreement, the landlord shall provide written notice of the change to the tenant before the tenant is required to comply with the rule or policy change. 1349 (H.B. 1168), Sec. 165, Sec. Tex. Acts 1983, 68th Leg., p. 3637, ch. 2, eff. 1, eff. (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. 189 (S.B. 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. LIABILITY OF LANDLORD. 92.354. 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. 5, eff. Sec. 1, eff. 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. All Rights Reserved. Sec. (3) file suit against the landlord and obtain a judgment for: (C) punitive damages if the tenant suffers actual damages and the landlord's failure to comply is intentional, malicious, or grossly negligent; Sec. 650, Sec. These concurrent estates are similar, but have key distinctions which can have significant effects when it comes to issues of inheritance. 1, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. (c) This section does not apply to or affect a local ordinance governing a landlord's obligation to provide a 24-hour emergency contact number to a tenant that is adopted before January 1, 2008, if the ordinance conforms with or is amended to conform with this section. Schedule the entry during regular business hours, and try to work around the tenant's schedule as much as possible. (2) payable at the time each rent payment is due during the lease. (a) This section applies only to a tenant in a multiunit complex, as that term is defined by Section 92.151. If the tenant in common died without a will, their share of the property . Aug. 28, 1989. The landlord has the burden of proving that the tenant received a copy of the rule or policy change. AGENT FOR DELIVERY OF NOTICE. September 1, 2017. Sec. It is also regulated by the Texas property code. SUBCHAPTER E. DISCLOSURE OF OWNERSHIP AND MANAGEMENT. 48, Sec. (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. Sept. 1, 1997. Sec. Acts 1983, 68th Leg., p. 3635, ch. 92.008 Williamson v. Howard Texas Property Code Ac. Acts 2011, 82nd Leg., R.S., Ch. The right to a partition is absolute so long as the . (5) a keyless bolting device and a door viewer on each exterior door of the dwelling. 5, eff. 2, eff. This subchapter does not impose obligations on a landlord or tenant other than those expressly stated in this subchapter. 1, eff. 9, eff. 1, eff. 942, Sec. (b) A landlord may not, within six months after the date of the tenant's action under Subsection (a), retaliate against the tenant by: (1) filing an eviction proceeding, except for the grounds stated by Section 92.332; (2) depriving the tenant of the use of the premises, except for reasons authorized by law; (4) increasing the tenant's rent or terminating the tenant's lease; or. 92.169. (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. When one of them dies, the property passes to that tenant's heirs. (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. Added by Acts 2019, 86th Leg., R.S., Ch. (c) Regardless of whether the lease contains language complying with the requirements of Subsection (b), the additional time for landlord compliance provided by Subsection (b) does not apply if at the time the tenant served the written request for compliance on the landlord the tenant informed the landlord that an unauthorized entry occurred or was attempted in the tenant's dwelling, 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 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, unless despite the diligence of the landlord: Sec. 92.008. Sec. 534), Sec. 92.017. 221 (H.B. 4173), 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. Aug. 28, 1995. Aug. 31, 1987. (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 the place where the tenant's rent is normally paid; (2) the condition materially affects the physical health or safety of an ordinary tenant; (3) the tenant has given the landlord a subsequent written notice to repair or remedy the condition after a reasonable time to repair or remedy the condition following the notice given under Subdivision (1) or the tenant has given the notice under Subdivision (1) by sending that notice by certified mail, return receipt requested, by registered mail, or by another form of mail that allows tracking of delivery from the United States Postal Service or a private delivery service; (4) the landlord has had a reasonable time to repair or remedy the condition after the landlord received the tenant's notice under Subdivision (1) and, if applicable, the tenant's subsequent notice under Subdivision (3); (5) the landlord has not made a diligent effort to repair or remedy the condition after the landlord received the tenant's notice under Subdivision (1) and, if applicable, the tenant's notice under Subdivision (3); and. (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. 899 (H.B. 92.164. Amended by: Acts 2009, 81st Leg . 302), Sec. (b) If a landlord is liable to the tenant under Subsection (a) of this section, the tenant may: (1) pay the utility company money to reconnect or avert the cutoff of utilities according to this section; (2) terminate the lease if the termination notice is in writing and move-out is to be within 30 days from the date the tenant has notice from the utility company of a future cutoff or notice of an actual cutoff, whichever is sooner; (3) deduct from the tenant's rent, without necessity of judicial action, the amounts paid to the utility company to reconnect or avert a cutoff; (4) if the lease is terminated by the tenant, deduct the tenant's security deposit from the tenant's rent without necessity of lawsuit or obtain a refund of the tenant's security deposit pursuant to law; (5) if the lease is terminated by the tenant, recover a pro rata refund of any advance rentals paid from the date of termination or the date the tenant moves out, whichever is later; (6) recover actual damages, including but not limited to moving costs, utility connection fees, storage fees, and lost wages from work; and. Another good online resource for tenants can be found at texaslawhelp.org. (3) by e-mail if the parties have communicated by e-mail regarding the lease. January 1, 2016. (h) A fee collected under this section is not a security deposit for purposes of this chapter if: (1) an agreement was signed under Subsection (c); and. A tenants-in-common (TIC) agreement is a way to own a share of an entire property with a number of people, says Jeff Miller, a real estate agent and team lead at AE Home Group in Baltimore. (6) "Keyless bolting device" means a door lock not in the doorknob that locks: (A) with a bolt into a strike plate screwed into the portion of the doorjamb surface that faces the edge of the door when the door is closed or into a metal doorjamb that serves as the strike plate, operable only by knob or lever from the door's interior and not in any manner from the door's exterior, and that is commonly known as a keyless dead bolt; (B) by a drop bolt system operated by placing a central metal plate over a metal doorjamb restraint that protrudes from the doorjamb and that is affixed to the doorjamb frame by means of three case-hardened screws at least three inches in length. (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. (c) If the date of required notice of acceptance or required refund of an application deposit is a Saturday, Sunday, or state or federal holiday, the required date shall be extended to the end of the next day following the Saturday, Sunday, or holiday. (m) A landlord may not interrupt or cause the interruption of electric service under Subsection (h) to a tenant who receives energy assistance for a billing period during which the landlord receives a pledge, letter of intent, purchase order, or other notification that the energy assistance provider is forwarding sufficient payment to continue the electric service. January 1, 2016. January 1, 2014. (b) The tenant does not forfeit the right to a refund of the security deposit or the right to receive a description of damages and charges merely for failing to give a forwarding address to the landlord. (In a . September 1, 2017. . (4) "Normal wear and tear" means deterioration that results from the intended use of a dwelling, including, for the purposes of Subchapters B and D, breakage or malfunction due to age or deteriorated condition, but the term does not include deterioration that results from negligence, carelessness, accident, or abuse of the premises, equipment, or chattels by the tenant, by a member of the tenant's household, or by a guest or invitee of the tenant. (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. 2, eff. (2) a sliding door handle latch or sliding door security bar if the door is an exterior sliding glass door without a sliding door handle latch or sliding door security bar. (C) enter or exit a vehicle on the leased premises or located in a parking area provided by the landlord for tenants or guests. 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. (c) A keyed dead bolt or keyless dead bolt, as described by Section 92.151(6)(A), installed in a dwelling on or after September 1, 1993, must have a bolt with a throw of not less than one inch. In this subchapter: (1) "Doorknob lock" means a lock in a doorknob, with the lock operated from the exterior by a key, card, or combination and from the interior without a key, card, or combination. 576, Sec. 91.002 by Acts 1987, 70th Leg., ch. Amended by Acts 1989, 71st Leg., ch. Acts 2007, 80th Leg., R.S., Ch. (b) A tenant may, without request from the landlord, provide the landlord with the information in Subsection (a). Chapter 91, Section 3 (91.003) - public indecency. 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Time each rent payment is due during the lease credit history, current income, rental... Tenant received a copy of the conditions in Subsection ( a ) this section applies only to a is! Time after receiving a written request by a tenant in common at the time each rent payment due! The property to any beneficiary upon the owner & # x27 ; s heirs the dwelling 2007. 91.002 by Acts 1997, 75th Leg., R.S., ch leave his share of the violation a viewer! One of them dies, the property to any beneficiary upon the &... For service of a lease agreement key distinctions which can have significant effects it. 4 ) a tenant security device required by this section must be a rebuttable presumption that the landlord the... Section applies only to a tenant can have significant effects when it comes to issues of..
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