A request by a government official or employee for information must be in writing. 1, eff. 1, eff. (e) A landlord may not change the locks on the door of a tenant's dwelling under Subsection (b)(3) on a day, or on a day immediately before a day, on which the landlord or other designated individual is not available, or on which any on-site management office is not open, for the tenant to tender the delinquent rent. (D) in underlined or bold print, the tenant's right to receive a key to the new lock at any hour, regardless of whether the tenant pays the delinquent rent. 76, Sec. 3101), Sec. 9, eff. Amended by Acts 1993, 73rd Leg., ch. September 1, 2017. Added by Acts 1989, 71st Leg., ch. Texas law presumes that if two non-spouses are named as co-owners, and nothing more is said, then they are tenants-in-common (Est. Sept. 1, 1995; Acts 1995, 74th Leg., ch. (b) A tenant may not unilaterally terminate the lease under Subsection (a)(2) or file suit against the landlord to obtain a judgment under Subsection (a)(4) unless the landlord does not comply on or before the seventh day after the date the written request for compliance is received if the lease includes language underlined or in boldface print that in substance provides the tenant with notice that: (1) the landlord at the landlord's expense is required to equip the dwelling, when the tenant takes possession, with the security devices described by Sections 92.153(a)(1)-(4) and (6); (2) the landlord is not required to install a doorknob lock or keyed dead bolt at the landlord's expense if the exterior doors meet the requirements of Section 92.153(f); (3) the landlord is not required to install a keyless bolting device at the landlord's expense on an exterior door if the landlord is expressly required or permitted to periodically check on the well-being or health of the tenant as provided by Section 92.153(e)(3); and. 1, eff. The landlord shall keep accurate records of all security deposits. 6, eff. (a) If a tenant files or prosecutes a suit for retaliatory action based on a complaint asserted under Section 92.331(a)(3), and the government building or housing inspector or utility company representative visits the premises and determines in writing that a violation of a building or housing code does not exist or that a utility problem does not exist, there is a rebuttable presumption that the tenant acted in bad faith. (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. 882), Sec. (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. (f) A keyless bolting device is not required to be installed at the landlord's expense if a tenant or occupant in the dwelling is over 55 years of age or has a physical or mental disability, the tenant requests, in writing, that the landlord deactivate or not install the keyless bolting device, and the tenant certifies in the request that the tenant or occupant is over 55 years of age or has a physical or mental disability. 8, eff. (c) A landlord who violates this section is liable to the tenant for an amount equal to the sum of $100, three times the amount of the late fee collected in violation of this section, and the tenant's reasonable attorney's fees. (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. 4, eff. (d) A fee in lieu of a security deposit must be: (1) a recurring fee of equivalent amount; and. Sept. 1, 1993; Acts 1999, 76th Leg., ch. (a) A landlord may not remove a door, window, or attic hatchway cover or a lock, latch, hinge, hinge pin, doorknob, or other mechanism connected to a door, window, or attic hatchway cover from premises leased to a tenant or remove furniture, fixtures, or appliances furnished by the landlord from premises leased to a tenant unless the landlord removes the item for a bona fide repair or replacement. Property Code, Sec. (2) may not terminate or suspend the permit until the date the tenant's right of possession ends. (B) The landlord has expressly or impliedly agreed in the lease to furnish potable water to the tenant's dwelling and the water service to the dwelling has totally ceased. 92.261. LANDLORD'S DEFENSES. INSPECTION OF RESIDENTIAL FIRE EXTINGUISHER. (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. 91 (S.B. 683, Sec. Sept. 1, 1997. Added by Acts 1995, 74th Leg., ch. Aug. 31, 1987. (b) A customer shall provide written notice of a service disconnection to each tenant or owner at a nonsubmetered master metered multifamily property not later than the fifth day after the date the customer receives a notice of service disconnection from an electric service provider or a gas utility. Sec. 576, Sec. Aug. 28, 1989. (2) the tenant requested that the landlord repair, install, change, or rekey the same security device during the 30 days preceding the tenant's request, and the landlord complied with the request. (2) more than once during a rental payment period. Sec. 209.002. 92.001. (b) Notice under this section must be in writing and may be given in person, by mail, or by delivery to the premises. (C) the landlord, prior to the date of discarding the property, has not been contacted by anyone claiming the property. (3) "Smoke alarm" means a device designed to detect and to alert occupants of a dwelling unit to the visible and invisible products of combustion by means of an audible alarm. OCCUPANCY LIMITS. EFFECT ON OTHER LANDLORD DUTIES AND TENANT REMEDIES. (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. APPLICATION. (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. (b) Except as provided by this section, a landlord may not interrupt or cause the interruption of water, wastewater, gas, or electric service furnished to a tenant by the landlord as an incident of the tenancy or by other agreement unless the interruption results from bona fide repairs, construction, or an emergency. UNIFORM CONDOMINIUM ACT. January 1, 2021. They may own it equally or in unequal percentages. (a) A landlord's liability under this section is subject to Section 92.052(b) regarding conditions that are caused by a tenant and Section 92.054 regarding conditions that are insured casualties. 4173), Sec. 18 (S.B. Sec. (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. 1, eff. (c) This section does not create a cause of action or expand an existing cause of action. 2404), Sec. (a) Subject to Subsections (b) and (c), a smoke alarm must be installed according to the manufacturer's recommended procedures. Sec. Amended by Acts 2001, 77th Leg., ch. (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. These co-owners hold an undivided interest and right to possess the property. A party who prevails in a suit brought under this subsection may recover court costs and reasonable attorney's fees from the other party. DISCLOSURE OF OWNERSHIP AND MANAGEMENT. January 1, 2008. (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. 1186), Sec. 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 . (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. 1, eff. LIABILITY OF CERTAIN GUARANTORS UNDER LEASE. The deferred payment plan must allow the tenant to pay the outstanding electric bill in installments that extend beyond the due date of the next electric bill and must provide that the delinquent amount may be paid in equal installments over a period equal to at least three electric service billing cycles. 1, eff. A tenant's guest or invitee who suffers damage because the tenant removed a battery without immediately replacing it with a working battery or because the tenant knowingly disconnected or intentionally damaged the smoke alarm, causing it to malfunction, may recover a judgment against the tenant for the damage. Renumbered from Sec. LIABILITY FOR WITHHOLDING LAST MONTH'S RENT. Texas real estate may be owned individually or jointly. 2, eff. You should seek insurance coverage that would cover losses caused by a flood.". (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. Sec. A waiver under this section must be signed and in writing in a document separate from the lease and must comply with federal law. (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. September 1, 2017. Acts 1983, 68th Leg., p. 3651, ch. Unless possession of a firearm or firearm ammunition on a landlord's property is prohibited by state or federal law, a landlord may not prohibit a tenant or a tenant's guest from lawfully possessing, carrying, transporting, or storing a firearm, any part of a firearm, or firearm ammunition: (2) in a vehicle located in a parking area provided for tenants or guests by the landlord of the leased premises; or. What Does The Texas Landlord And Tenant Act Cover? 651 (H.B. 92.020. Acts 1983, 68th Leg., p. 3648, ch. Sec. (2) date the landlord accepts an application deposit if the landlord does not furnish the applicant an application form. INVALID COMPLAINTS. However, the tenant's remedies under this section shall cease if: (1) the landlord provides the tenant with written evidence from the utility that all delinquent sums due the utility have been paid in full; and. 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. 2, eff. 869, Sec. 92.331. Waiver of landlord's duties - Remove the provision from Section 92.006 of the Texas Property Code allowing landlords to charge tenants for . Sec. 1344 (S.B. 576, Sec. (b) This section does not preclude a cause of action for negligence in leasing of a dwelling by a landlord or a landlord's manager or agent to a tenant, if: (A) was convicted of an offense listed in Article 42A.054, Code of Criminal Procedure; or, (B) has a reportable conviction or adjudication, as defined by Article 62.001, Code of Criminal Procedure; and. . (f) Except as provided by Subsection (g), this section does not affect a tenant's liability for delinquent, unpaid rent or other sums owed to the landlord before the lease was terminated by the tenant under this section. A landlord's duty to install a smoke alarm under Subchapter F may not be waived, nor may a tenant waive a remedy for the landlord's noninstallation or waive the tenant's limited right of installation and removal. (3) leaving the notice inside the dwelling in a conspicuous place if notice in that manner is authorized in a written lease. The Texas Property Code defines wear and tear as "deterioration that results from the intended use of a dwelling, including breakage or malfunction due to age or deteriorated condition.". 576, Sec. The nonprevailing party in a suit under this section is liable to the prevailing party for reasonable attorney's fees and court costs. 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. A party who prevails in a suit under this subsection may recover court costs and reasonable attorney's fees from the other party. 92.201. 1293), Sec. Renumbered from Property Code Sec. (C) enter or exit a vehicle on the leased premises or located in a parking area provided by the landlord for tenants or guests. (d) This section does not release a guarantor from the obligations of the guarantor under the terms of the original lease or a valid renewal for costs and damages owed to the lessor that arise after the date specified by the guarantor in the original lease in accordance with Subsection (b), if the costs or damages relate to actions of the tenant before that date or arise as a result of the tenant refusing to vacate the leased premises. 14, eff. (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. (i) A landlord may not charge a tenant for normal wear and tear of a dwelling. 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 . (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. Sept. 1, 1993; Acts 1995, 74th Leg., ch. This report from the Real Estate Center at Texas A&M University explains in everyday language the sections of the Texas Property Code dealing with landlord/tenant law. Acts 1983, 68th Leg., p. 3633, ch. 332, Sec. This subchapter applies to a lease executed, entered into, renewed, or extended on or after September 1, 1979. Acts 1983, 68th Leg., p. 3632, ch. Amended by Acts 1989, 71st Leg., ch. 650, Sec. 92.0091. A joint tenants interest is therefore not freely devisable in a will. 322 (H.B. 2, eff. COMMERCIAL TENANCIES . 969 (H.B. 4, eff. (a) Except as provided in Subsection (b), a landlord is presumed to have given notice of an applicant's acceptance or rejection if the notice is by: (1) telephone to the applicant, co-applicant, or a person living with the applicant or co-applicant on or before the required date; or. (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. Knowing what conditions the right of entry within the state of Texas is important, as to avoid any legal issues with the residing tenants. 1198 (S.B. (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. 92.255. The landlord's duty of inspection and repair of smoke alarms under Subchapter F may be waived only by written agreement. 1, eff. 9, eff. In tenants in common circumstances, each person holds an individual, undivided ownership interest, which gives them an equal right to use the property or transfer their ownership . Jan. 1, 1984. (a) A landlord may not: (1) prohibit or limit a residential 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. Jan. 1, 1996; Acts 1995, 74th Leg., ch. Amended by Acts 1995, 74th Leg., ch. (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. Search Texas Statutes. These co-owners hold an undivided interest and right to possess the property. 92.157. 1268 (H.B. Sec. Furthermore, each co-owner may control an equal or different percentage of the total property. 357, Sec. CASH RENTAL PAYMENTS. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 1, eff. SUBCHAPTER F. SMOKE ALARMS AND FIRE EXTINGUISHERS. September 1, 2011. January 1, 2016. (c) A smoke alarm may be located other than as required by Subsection (a) or (b) if a local ordinance or a local or state fire marshal approves. 3, eff. 92.252. 1, eff. For example, two people may own 25 percent of a property, while another person owns 50 percent. (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. 92.259. 650, Sec. LANDLORD AND TENANT. 92.062. Jan. 1, 1984. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 1, Sept. 1, 1995. 1, eff. (f) 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 family violence or a military deployment or transfer.". (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. 1, eff. September 1, 2011. Added by Acts 1995, 74th Leg., ch. 92.0562. 650, Sec. (b) A landlord may allow an occupancy rate of more than three adult tenants per bedroom: (1) to the extent that the landlord is required by a state or federal fair housing law to allow a higher occupancy rate; or. 1, eff. (4) a judgment against the landlord for court costs and attorney's fees. TENANT'S REMEDY ON NOTICE FROM MANAGEMENT COMPANY. Sept. 1, 1995; Acts 1995, 74th Leg., ch. (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. (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. 92.0081 Warehouse Partners v. Gardner 92.016. Acts 2017, 85th Leg., R.S., Ch. 846, Sec. Jan. 1, 1984. (3) after the tenant gives a repair notice to the landlord and after the landlord has had a reasonable time to make repairs, the tenant is entitled only to the remedies under Subsection (d) of this section and Subdivisions (3), (4), and (5) of Subsection (a) of Section 92.0563. . If a tenant in common is not in possession of the real estate, that co-tenant is entitled to receive the reasonable rental value of the property from the . 92.263. 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. LANDLORD'S DEFENSES RELATING TO INSTALLING OR REKEYING CERTAIN SECURITY DEVICES. 92.163. (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. 3101), Sec. Sept. 1, 1987; Acts 1997, 75th Leg., ch. 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. The landlord has a defense to liability under Section 92.164 if: (1) the tenant has not fully paid all rent then due from the tenant on the date the tenant gives a request under Section 92.157(c) or the notice required by Section 92.164; or. (2) documentation of the stalking from a provider of services described by Subsection (c)(1), (2), or (3) and: (A) a law enforcement incident report or, if a law enforcement incident report is unavailable, another record maintained in the ordinary course of business by a law enforcement agency; and. (7) "Landlord" means a dwelling owner, lessor, sublessor, management company, or managing agent, including an on-site manager. January 1, 2014. (a) If the owner's interest in the premises is terminated by sale, assignment, death, appointment of a receiver, bankruptcy, or otherwise, the new owner is liable for the return of security deposits according to this subchapter from the date title to the premises is acquired. (11) "Security device" means a doorknob lock, door viewer, keyed dead bolt, keyless bolting device, sliding door handle latch, sliding door pin lock, sliding door security bar, or window latch in a dwelling. June 19, 2009. (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. 1, eff. 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. The fee for service of a writ of restoration of utility service is the same as that for service of a writ of possession. 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). (b) A landlord who receives a cash rental payment shall: (1) provide the tenant with a written receipt; and. Property is often owned by two or more people simultaneously. LANDLORD'S DUTY TO REPAIR OR REPLACE SECURITY DEVICE. Jan. 1, 1996. 5, eff. (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. Aug. 28, 1989. (5) the landlord may discard the property removed by the landlord from the tenant's leased premises if: (A) the landlord has mailed a written request by certified mail, return receipt requested, to the person designated under Subsection (a) or (b), requesting that the property be removed; (B) the person failed to remove the property by the 30th day after the postmark date of the notice; and. (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. 650, Sec. Acts 2011, 82nd Leg., R.S., Ch. Another good online resource for tenants can be found at texaslawhelp.org. (5) engaging, in bad faith, in a course of conduct that materially interferes with the tenant's rights under the tenant's lease. Acts 2011, 82nd Leg., R.S., Ch. 302), Sec. 650, Sec. 801, Sec. Texas is one of nine states that is a community property jurisdiction. 92.107. Acts 2009, 81st Leg., R.S., 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. (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. Redesignated from Property Code Sec. 17.01(44), eff. A TIC typically has no right of survivorship. 576, Sec. 1, eff. (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. Disputes can easily arise in any common property ownership situation. (c) A landlord's failure to provide a complete copy of the lease as described by Subsection (a) or (b) does not invalidate the lease or, subject to Subsection (d), prevent the landlord from prosecuting or defending a legal action or proceeding to enforce the lease. 11, eff. 3, eff. Acts 1983, 68th Leg., p. 3639, ch. 1367), Sec. (a) If a landlord does not comply with Section 92.153 or 92.156(a) regarding installation or rekeying of a security device, the tenant may: (1) install or rekey the security device 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) 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, unilaterally terminate the lease without court proceedings; (3) file suit against the landlord without serving a request for compliance and obtain a judgment for: (A) a court order directing the landlord to comply, if the tenant is in possession of the dwelling; (D) attorney's fees except in suits for recovery of property damages, personal injuries, or wrongful death; and. 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During a rental payment period, then they are tenants-in-common ( Est they are tenants-in-common ( Est can... It equally or in unequal percentages notice in that manner is authorized in a under. Would cover losses caused by a flood. `` the landlord for court costs and attorney 's fees right possession! May recover court costs and reasonable attorney 's fees from the other party law that! Records of all SECURITY deposits 1996 ; Acts 1993, 73rd Leg., p. 3632, ch ;... From the lease and must comply with federal law, 68th Leg., ch insurance coverage would! Shall keep accurate records texas property code tenants in common all SECURITY deposits section must be signed and in writing payment period that manner authorized. ( 4 ) a judgment against the landlord 's DEFENSES RELATING to INSTALLING or REKEYING SECURITY!
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