92.018. Jan. 1, 1996. Aug. 28, 1989; Acts 1993, 73rd 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. Added by Acts 1995, 74th Leg., ch. If the acknowledgment is not signed, there is a rebuttable presumption that the notice was not made available to the applicant. 869, Sec. 869, Sec. Acts 2015, 84th Leg., R.S., Ch. SUBCHAPTER F. SMOKE ALARMS AND FIRE EXTINGUISHERS. ALTERNATIVE COMPLIANCE. 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. INSPECTION OF RESIDENTIAL FIRE EXTINGUISHER. 1, eff. LANDLORD'S FAILURE TO CORRECT INFORMATION. 4, eff. The request must be a separate document and may not be included as part of a lease agreement. 83), Sec. 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). (b) The tenant must file with the justice court in the precinct in which the rental premises are located a sworn complaint specifying the facts of the alleged unlawful utility disconnection by the landlord or the landlord's agent. (g) If a landlord arrives at the dwelling in a timely manner in response to a tenant's telephone call to the number contained in the notice as described by Subsection (c)(1) and the tenant is not present to receive the key to the changed lock, the landlord shall leave a notice on the front door of the dwelling stating the time the landlord arrived with the key and the street address to which the tenant may go to obtain the key during the landlord's normal office hours. June 18, 2005. (a) A landlord may not require a tenant to pay for repair or replacement of a security device due to normal wear and tear. 1439, Sec. (j) A landlord may not interrupt or cause the interruption of electric service under Subsection (h) of a tenant who, before the interruption date specified in the notice required by Subsection (h)(3), has: (1) established that the interruption will cause a person residing in the tenant's dwelling to become seriously ill or more seriously ill by having a physician, nurse, nurse practitioner, or other similar licensed health care practitioner attending to the person who is or may become ill provide a written statement to the landlord or a representative of the landlord stating that the person will become seriously ill or more seriously ill if the electric service is interrupted; and. Acts 1983, 68th Leg., p. 3630, ch. 1, eff. (h) A security device required by this section must be operable throughout the time a tenant is in possession of a dwelling. 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. (2) the landlord does not install, inspect, or repair the smoke alarm on or before the seventh day after the date the tenant gives the landlord written notice that the tenant may exercise his remedies under this subchapter if the landlord does not comply with the request within seven days. (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. 92.006. Amended by Acts 1989, 71st Leg., ch. 2, eff. (d-1) The notice in Subsection (d)(2) must be in a separate document furnished to the tenant after the landlord has discovered that the tenant has disconnected or damaged the smoke alarm or removed a battery from it. (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. This subchapter does not affect a duty of a landlord or a remedy of a tenant under Subchapter B regarding habitability. (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. (b-1) The person who no longer owns an interest in the rental premises is liable for a security deposit received while the person was the owner until the new owner has received the deposit or has assumed the liability for the deposit, unless otherwise specified by the parties in a written contract. Sec. The justice may defer payment of the tenant's filing fees and service costs for the sworn complaint for reentry and writ of reentry. Amended by Acts 1989, 71st Leg., ch. These are as follows: . Added by Acts 2007, 80th Leg., R.S., Ch. 9, eff. Amended by Acts 1997, 75th Leg., ch. RETALIATION BY LANDLORD. Sec. Jan. 1, 1996. Sec. Renumbered from Sec. 1112 (H.B. Acts 2017, 85th Leg., R.S., Ch. 92.0132. 531), Sec. (2) a servicemember, while in military service, executes the lease and after executing the lease receives military orders: (A) for a permanent change of station; or. 794, Sec. TERM OF PARKING PERMIT. INSPECTION AND REPAIR. Acts 1983, 68th Leg., p. 3634, ch. (a) Except as otherwise provided by Subsection (e), a security device operated by a key, card, or combination shall be rekeyed by the landlord at the landlord's expense not later than the seventh day after each tenant turnover date. 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). 1002), Sec. Of these, the default and most common co-tenancy is tenants in common. Each owner has the right to leave his share of the property to any beneficiary upon the owner's death. 5, eff. (2) within a reasonable time after receiving a written request by a tenant. (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. (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. (b) A person may specify in writing in an original lease that the person will guarantee a renewal of the lease only if the original lease states: (1) the last date, as specified by the guarantor, on which the renewal of the lease will renew the obligation of the guarantor; (2) that the guarantor is liable under a renewal of the lease that occurs on or before that date; and. 92.004. (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. Sec. (g) If the landlord is liable to the tenant under Section 92.056 and if a new landlord, in good faith and without knowledge of the tenant's notice of intent to repair, has acquired title to the tenant's dwelling by foreclosure, deed in lieu of foreclosure, or general warranty deed in a bona fide purchase, then the following shall apply: (1) The tenant's right to terminate the lease under this subchapter shall not be affected, and the tenant shall have no duty to give additional notice to the new landlord. 1186), Sec. (b) Notice under this section must be in writing and may be given in person, by mail, or by delivery to the premises. 92.015. 2. BURDEN OF PROOF. 2, eff. Amended by Acts 1989, 71st Leg., ch. 2, eff. Sec. (b) If a rental applicant requests that any acceptance of the applicant or any refund of the applicant's application deposit be mailed to the applicant, the landlord must mail the refund check to the applicant at the address furnished by the applicant. WAIVER. 650, Sec. (888) 601-6005 [email protected] About Us. (d) A landlord may not intentionally prevent a tenant from entering the leased premises under Subsection (b)(3) unless: (1) the landlord's right to change the locks because of a tenant's failure to timely pay rent is placed in the lease; (2) the tenant is delinquent in paying all or part of the rent; and. Added by Acts 2021, 87th Leg., R.S., Ch. (C) enter or exit a vehicle on the leased premises or located in a parking area provided by the landlord for tenants or guests. (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. 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. (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. Jan. 1, 1984. Sec. There are three exemptions to the keyless deadbolt requirement of Texas Property Code. (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. 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. Jan. 1, 1984. (B) does not increase the guarantor's potential financial obligation for rent that existed under the original lease. 576, Sec. (2) "Board" means the governing body of a property owners' association. REMOVAL OF PROPERTY AND EXCLUSION OF RESIDENTIAL TENANT. (e) Repealed by Acts 2017, 85th Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. (f) A landlord who violates Subsection (b), (c), (d), or (e) is liable for a civil penalty in the amount of $100 plus any towing or storage costs that the tenant incurs as a result of the towing of the tenant's vehicle. 92.009. 3101), Sec. APPLICATION. 5, eff. (B) arises from the landlord's failure to provide and maintain in good operating condition a device to supply hot water of a minimum temperature of 120 degrees Fahrenheit. This chapter applies only to the relationship between landlords and tenants of residential rental property. (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. Renumbered from Sec. Sec. 1275, Sec. Pflugerville, TX 78660. Aug. 28, 1995; Acts 1995, 74th Leg., ch. 54, 91, and 92 of the Texas Property Code, which is available in your local law library and online at statutes.capitol.texas.gov. For purposes of this subsection, a tenant suffers a substantial loss or damage to personal property if the total cost of repairs to or replacement of the personal property is 50 percent or more of the personal property's market value on the date the flooding occurred. (3) "Lease" means any written or oral agreement between a landlord and tenant that establishes or modifies the terms, conditions, rules, or other provisions regarding the use and occupancy of a dwelling. Acts 1983, 68th Leg., p. 3651, ch. (a) Except as provided by Subsections (b), (e), (f), (g), and (h) and without necessity of request by the tenant, a dwelling must be equipped with: (1) a window latch on each exterior window of the dwelling; (2) a doorknob lock or keyed dead bolt on each exterior door; (3) a sliding door pin lock on each exterior sliding glass door of the dwelling; (4) a sliding door handle latch or a sliding door security bar on each exterior sliding glass door of the dwelling; and. 9, eff. Sec. 475, Sec. (a) A landlord or a landlord's agent may not interrupt or cause the interruption of utility service paid for directly to the utility company by a tenant unless the interruption results from bona fide repairs, construction, or an emergency. Sec. (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. (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. RETENTION OF SECURITY DEPOSIT; ACCOUNTING. (2) "Dwelling unit" means a home, mobile home, duplex unit, apartment unit, condominium unit, or any dwelling unit in a multiunit residential structure. 1168), Sec. Sec. 18, eff. 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. This is referred to as a concurrent estate. January 1, 2010. 1, eff. (b) If at the time a lease agreement is executed a landlord has vehicle towing or parking rules or policies that apply to the tenant, the landlord shall provide to the tenant a copy of the rules or policies before the lease agreement is executed. (a) The landlord shall inspect and repair a smoke alarm according to this section. STATEMENT OF LATE FEES. Waiver of landlord's duties - Remove the provision from Section 92.006 of the Texas Property Code allowing landlords to charge tenants for . 917 (H.B. (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. (2) at the time the tenant receives such evidence, the tenant has not yet terminated the lease or filed suit under this section. (B) 48 inches from the floor, if installed on or after September 1, 1993. (a) Except as provided by Section 92.107, the landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises. 91 (S.B. RESIDENTIAL TENANCIES. . 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. 348 (S.B. If neither box is checked, you should assume the dwelling is in a 100-year floodplain. 92.333. Jan. 1, 1996. April 1, 2002. 16, Sec. The term does not include dates of entry or occupation not authorized by the landlord. (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. 5, eff. (3) tested and listed for use as a smoke alarm by Underwriters Laboratories, Inc., Factory Mutual Research Corporation, or United States Testing Company, Inc. (a-1) If requested by a tenant as an accommodation for a person with a hearing-impairment disability or as required by law as a reasonable accommodation for a person with a hearing-impairment disability, a smoke alarm must, in addition to complying with Subsection (a), be capable of alerting a hearing-impaired person in the bedrooms it serves. Sept. 1, 1993; Acts 1995, 74th Leg., ch. January 1, 2016. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 576, Sec. Joint Tenancies And Tenancies In Common In Texas. (b) A tenant who is a servicemember or a dependent of a servicemember may vacate the dwelling leased by the tenant and avoid liability for future rent and all other sums due under the lease for terminating the lease and vacating the dwelling before the end of the lease term if: (1) the lease was executed by or on behalf of a person who, after executing the lease or during the term of the lease, enters military service; or. 650, Sec. So one key difference between a tenancy in common and other forms of concurrent ownership is that the code tenants can have different ownership interests in the land. 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. (l) If an insurer compensates a landlord for a tenant's damages or unpaid rent under a valid claim: (1) the landlord may not seek or collect reimbursement from the tenant of the amounts that the insurer paid to the landlord; (2) the insurer that has paid a landlord after receipt of a claim filed by a landlord, if allowed by a subrogation clause in the insurance described by Subsection (e) and before the first anniversary of the termination of the tenant's occupancy, may seek reimbursement from the tenant of only the amounts paid to the landlord; and. (e) The landlord is entitled to a hearing on the tenant's sworn complaint for restoration of utility service. Damage, however, should be covered by the tenant. 650, Sec. DEFINITIONS. 576, Sec. 92.164. Sept. 1, 1993. Senate Bill 1588 modifies Section 209.016 of the Texas Property Code, which prior to 2021 imposed limits on the type of information of a prospective tenant that may be turned over by a property owner to a property owners association that administers a subdivision development. 1, eff. states: A joint owner or claimant of real property or an interest in real property or a joint owner of personal property may compel a partition of the interest or the property among the joint owners or claimants under this chapter and the Texas Rules of Civil Procedure. (2) after the tenant moves out the landlord will either immediately demolish the rental unit or no longer use the unit for residential purposes. (16) "Window latch" means a device on a window that prevents the window from being opened and that is operated without a key and only from the interior. 92.335. (k) For purposes of Subsection (j), "significant financial loss of income" means a reduction of 10 percent or more of the tenant's household income caused by the tenant's military service. (g) A lease must contain language in underlined or bold print that informs the tenant of the remedies available under this section and Section 92.0561. Joint owners are called co-owners or cotenants, and the. Sec. 3167), Sec. (3) the tenant is entitled to any defenses to payment against the insurer as against the landlord. - landlord must give written notice within 6 months after the right to terminate arises. Sec. 7.002(o), eff. LANDLORD'S DEFENSES RELATING TO INSTALLING OR REKEYING CERTAIN SECURITY DEVICES. 28.01, eff. NOTICE OF TENANT'S DEDUCTION OF REPAIR COSTS FROM RENT. 92.057(a) and amended by Acts 1995, 74th Leg., ch. (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 tenancy in common occurs when two or more parties jointly hold an interest in property. 92.007. Acts 2015, 84th Leg., R.S., Ch. 917 (H.B. Amended by Acts 1989, 71st Leg., ch. Jan. 1, 1984. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. Acts 1983, 68th Leg., p. 3650, ch. SMOKE ALARM. LIABILITY FOR WITHHOLDING LAST MONTH'S RENT. For purposes of this section, if a tenant's rent is subsidized in whole or in part by a governmental entity, "one month's rent" means one month's fair market rent. Sec. 91.002 by Acts 1987, 70th Leg., ch. The landlords have to issue a 30-Day Notice to Vacate. A security deposit is any advance of money, other than a rental application deposit or an advance payment of rent, that is intended primarily to secure performance under a lease of a dwelling that has been entered into by a landlord and a tenant. Sept. 1, 1987; Acts 1997, 75th Leg., ch. 576, Sec. 357, Sec. 92.010 by Acts 1995, 74th Leg., ch. (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. Texas Business Corporation Act . 576, Sec. (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. (g) A smoke alarm that is in good working order at the beginning of a tenant's possession is presumed to be in good working order until the tenant requests repair of the smoke alarm as provided by this subchapter. Instead, under Section 101.002 of the Texas Estates Code, the . Sec. Aug. 31, 1987. 1, eff. 576, Sec. (4) documentation of a protective order issued under Subchapter A, Chapter 7B, Code of Criminal Procedure, except for a temporary ex parte order. Sept. 1, 1993; Acts 1995, 74th Leg., ch. A fee may not be applied to a deferred payment plan entered into under this section. 1, eff. VENUE. (b) If the dwelling has French doors, one door of each pair of French doors must meet the requirements of Subsection (a) and the other door must have: (1) a keyed dead bolt or keyless bolting device capable of insertion into the doorjamb above the door and a keyless bolting device capable of insertion into the floor or threshold, each with a bolt having a throw of one inch or more; or. 357, Sec. LANDLORD AND TENANT. 2, eff. (3) "Co-applicant" means a person who makes an application for rental of a dwelling with other applicants and who plans to live in the dwelling with other applicants. Jan. 1, 1984. A party who files or prosecutes a suit under Subchapter B, D, E, or F in bad faith or for purposes of harassment is liable to the defendant for one month's rent plus $100 and for attorney's fees. 1086), Sec. Aug. 31, 1987. 1, eff. 1, eff. 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