(2) after the tenant moves out the landlord will either immediately demolish the rental unit or no longer use the unit for residential purposes. (d) The tenant's notice under Subsection (a) must be in writing only if the tenant's lease is in writing and requires written notice. Amended by Acts 1989, 71st Leg., ch. (k) If the landlord repairs or remedies the condition or delivers an affidavit for delay under Section 92.0562 to the tenant after the tenant has contacted a repairman but before the repairman commences work, the landlord shall be liable for the cost incurred by the tenant for the repairman's trip charge, and the tenant may deduct the charge from the tenant's rent as if it were a repair cost. 1112 (H.B. 4, eff. Under Texas property codes, the landlord is responsible for a healthy as well as structurally safe building. Sept. 1, 1989. 2, eff. 3, eff. 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. If a landlord does not comply with a tenant's request regarding rekeying, changing, adding, repairing, or replacing a security device under Section 92.156(b), 92.157, or 92.158 in accordance with the time limits and other requirements of this subchapter, the tenant may: (1) install, repair, change, replace, or rekey the security devices as required by this subchapter and deduct the reasonable cost of material, labor, taxes, and extra keys from the tenant's next rent payment in accordance with Section 92.166; (2) unilaterally terminate the lease without court proceedings; and. 1, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. RETENTION OF SECURITY DEPOSIT; ACCOUNTING. Tenancy in common allows more than one person to own a property, such as a home or land parcel, at the same time. 92.107. 1060 (H.B. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING CERTAIN SEX OFFENSES OR STALKING. 92.051. January 1, 2016. Jan. 1, 1984. Acts 2019, 86th Leg., R.S., Ch. (f) If a landlord, after being furnished with a copy of this subchapter, knowingly violates Subsection (c), the landlord shall be liable to the estate of the deceased tenant for actual damages. 3, eff. DUTY TO REPAIR OR REPLACE. Sec. Acts 1983, 68th Leg., p. 3649, ch. (a) The landlord is not obligated to return a tenant's security deposit or give the tenant a written description of damages and charges until the tenant gives the landlord a written statement of the tenant's forwarding address for the purpose of refunding the security deposit. (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. 92.2611. 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. Added by Acts 1989, 71st Leg., ch. (b) Unless the condition was caused by normal wear and tear, the landlord does not have a duty during the lease term or a renewal or extension to repair or remedy a condition caused by: (2) a lawful occupant in the tenant's dwelling; (3) a member of the tenant's family; or. (C) designed to prevent the door from being opened. June 19, 2009. Jan. 1, 1996. Aug. 28, 1989; Acts 1997, 75th Leg., ch. 48, Sec. Prop. (b-1) A tenant may obtain relief under Subsection (b) if the tenant provides the landlord or the landlord's agent: (1) a copy of one or more of the following orders protecting the tenant or an occupant from family violence: (A) a temporary injunction issued under Subchapter F, Chapter 6, Family Code; (B) a temporary ex parte order issued under Chapter 83, Family Code; (C) a protective order issued under Chapter 85, Family Code; or, (D) an order of emergency protection under Article 17.292, Code of Criminal Procedure; or. (h) Repairs made pursuant to the tenant's notice must be made in compliance with applicable building codes, including a building permit when required. (i) If the landlord or the person on whom a writ of restoration of utility service is served fails to immediately comply with the writ or later disobeys the writ, the failure is grounds for contempt of court against the landlord or the person on whom the writ was served under Section 21.002, Government Code. (a) A tenant's judicial remedies under Section 92.056 shall include: (1) an order directing the landlord to take reasonable action to repair or remedy the condition; (2) an order reducing the tenant's rent, from the date of the first repair notice, in proportion to the reduced rental value resulting from the condition until the condition is repaired or remedied; (3) a judgment against the landlord for a civil penalty of one month's rent plus $500; (4) a judgment against the landlord for the amount of the tenant's actual damages; and. 12, eff. 1, eff. (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. (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. Jan. 1, 1996. 1, eff. LANDLORD REMEDY FOR TENANT VIOLATION. (b) An eviction or lease termination based on the following circumstances, which are valid grounds for eviction or lease termination in any event, does not constitute retaliation: (1) the tenant is delinquent in rent when the landlord gives notice to vacate or files an eviction action; (2) the tenant, a member of the tenant's family, or a guest or invitee of the tenant intentionally damages property on the premises or by word or conduct threatens the personal safety of the landlord, the landlord's employees, or another tenant; (3) the tenant has materially breached the lease, other than by holding over, by an action such as violating written lease provisions prohibiting serious misconduct or criminal acts, except as provided by this section; (4) the tenant holds over after giving notice of termination or intent to vacate; (5) the tenant holds over after the landlord gives notice of termination at the end of the rental term and the tenant does not take action under Section 92.331 until after the landlord gives notice of termination; or. 5, eff. Jan. 1, 1996. Sec. 650, Sec. Common areas - When properties have community . In general, co-ownership of property in Texas is presumed to be a tenancy in common, absent explicit language to the contrary, as discussed below. (2) 30 days if the landlord's failure to repair is caused by a general shortage of labor or materials for repair following a natural disaster such as a hurricane, tornado, flood, extended freeze, or widespread windstorm. The tenant has no choice but to leave the premises before the end of the notice period. A landlord acts in bad faith and is liable according to this subchapter if the landlord gives an incorrect name or address under Subsection (a) of Section 92.201 by wilfully: (1) disclosing incorrect information under Section 92.201(b)(1) or (2) or Section 92.201(d); or. (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. (5) If the new landlord violates this subsection, the new landlord is liable to the tenant for a civil penalty of one month's rent plus $2,000, actual damages, and attorney's fees. Sec. 92.0091. (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. (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. 92.002. Acts 1983, 68th Leg., p. 3631, ch. Sec. 177), Sec. 92.253. Sept. 1, 1993. 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. This subchapter does not impose obligations on a landlord or tenant other than those expressly stated in this subchapter. Section 27.0025 defines a community garden as a portion of . REMOVAL OR ALTERATION OF SECURITY DEVICE BY TENANT. 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. 92.015. Sept. 1, 1993; Acts 1995, 74th Leg., ch. Renumbered from Property Code Sec. Sept. 1, 1993. (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. So, while Texas law does not specify the time period that landlords must give tenants to enter for non-emergency reasons, 24 hours is a good place to start . (b) A landlord's rejection of one co-applicant shall be deemed as a rejection of all co-applicants. (f) Affidavits for delay by a landlord under this section must be submitted in good faith. Added by Acts 2001, 77th Leg., ch. 92.159. (1-a) "Application fee" means a nonrefundable sum of money that is given to the landlord to offset the costs of screening an applicant for acceptance as a tenant. 92.353. 16, eff. 92.203. Jan. 1, 1998. relationship is known as a cotenancy. Added by Acts 2015, 84th Leg., R.S., Ch. 801, 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. 650, Sec. Refreshed: 2021-06-07 Amended by Acts 1995, 74th Leg., ch. 2, eff. 1367), Sec. 744, Sec. 3, eff. 630), Sec. 92.161. 92.154. (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. Tenancy in . (c) Notwithstanding Subsection (b), a landlord is not required to disclose on the notice that the landlord is aware that a dwelling is located in a 100-year floodplain if the elevation of the dwelling is raised above the 100-year floodplain flood levels in accordance with federal regulations. 7.002(o), eff. 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. September 1, 2011. Acts 1983, 68th Leg., p. 3649, ch. January 1, 2008. The landlord shall keep accurate records of all security deposits. (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. The key distinction between a tenancy in common and a joint tenancy is that a joint tenancy contains a right of survivorship. Each person can hold an equal or unequal percentage of the overall property. LEASE WITHOUT SECURITY DEPOSIT; REQUIRED NOTICE. In general, this means that any property acquired by a couple during their marriage (with a few exceptions) is equally owned by both spouses. This means that you have the same six-month protection period. 48, Sec. 869, Sec. January 1, 2016. Added by Acts 2007, 80th Leg., R.S., Ch. A landlord who in bad faith fails to refund an application fee or deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the amount wrongfully retained, and the applicant's reasonable attorney's fees. 650, Sec. ALTERNATIVE COMPLIANCE. 1186), Sec. Acts 1983, 68th Leg., p. 3647, ch. CHAPTER 93. 92.001. 2, eff. 576, Sec. AGENT FOR DELIVERY OF NOTICE. Added by Acts 2021, 87th Leg., R.S., Ch. 869, 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. 1051 (H.B. 869, Sec. 322 (H.B. (i) Except as provided by Subsection (j), 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. January 1, 2016. (3) the landlord is expressly required or permitted to periodically check on the well-being or health of the tenant as a part of a written lease or other written agreement. A tenancy in common is a form of ownership between two or more people. 165, Sec. When a party dies their share of the property will pass via their will or, if the party died without a will, according to the intestacy statute. January 1, 2020. 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. (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. (g) Except as provided by Subsection (h), a fee collected under this section is a security deposit for purposes of this chapter. (a) In this section: (1) "100-year floodplain" means any area of land designated as a flood hazard area with a one percent or greater chance of flooding each year by the Federal Emergency Management Agency under the National Flood Insurance Act of 1968 (42 U.S.C. 1, eff. Added by Acts 1993, 73rd Leg., ch. Sec. 921 (H.B. 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. Acts 2015, 84th Leg., R.S., Ch. The tenant may unilaterally terminate the lease or exercise other remedies under Sections 92.164 and 92.165 after receiving written notice from a management company that the owner of the dwelling has not provided or will not provide funds to repair, install, change, replace, or rekey a security device as required by this subchapter. Sec. (d) In a written lease or other agreement, a landlord and a tenant may agree to a procedure different than the procedure in this section for removing, storing, or disposing of property in the leased premises of a deceased tenant. 3101), Sec. The default form of co-ownership in Texas is a tenancy in common. (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. They may own it equally or in unequal percentages. Sept. 1, 1993; Acts 1995, 74th Leg., ch. (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. (c) Disclosure of information to a tenant may be made under Subdivision (1) or (2) of Subsection (b) before the tenant requests the information. (h) This section does not affect a tenant's liability for delinquent, unpaid rent or other sums owed to the landlord before the date the lease was terminated by the tenant under this section. 48, Sec. 2. Sec. Added by Acts 1995, 74th Leg., 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. LIABILITY OF TENANT FOR GOVERNMENTAL FINES. LANDLORD LIABILITY AND TENANT REMEDIES; NOTICE AND TIME FOR REPAIR. 1, eff. 899 (H.B. Acts 2015, 84th Leg., R.S., Ch. (b) A tenant may terminate the tenant's rights and obligations under a lease and may vacate the dwelling and avoid liability for future rent and any other sums due under the lease for terminating the lease and vacating the dwelling before the end of the lease term after the tenant complies with Subsection (c) or (c-1). (C) an advocate as defined by Section 93.001, Family Code, who assisted the victim. 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. If the person disobeyed the writ before receiving the show cause order but has complied with the writ after receiving the order, the justice may find the person in contempt and assess punishment under Section 21.002(c), Government Code. 1, eff. 1, eff. 1099), Sec. 3, eff. 576, Sec. (2) "Landlord" means the owner, lessor, or . 869, Sec. 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.". Amended by Acts 1995, 74th Leg., ch. (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. (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. (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. (d) Except as provided by Subsection (f), 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. Amended by Acts 1995, 74th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. INVALID COMPLAINTS. (b) At the time a landlord offers to a tenant the option of paying a fee in lieu of a security deposit, the landlord shall notify the tenant in writing: (1) that the tenant has the option to instead pay a security deposit; (2) that the tenant has the option to terminate the agreement to pay the fee in lieu of a security deposit at any time and stop paying the fee, and instead, to pay a security deposit in the amount that is otherwise offered to new tenants for substantially similar housing on the date the tenant chooses to pay the security deposit; and. Sept. 1, 1993. 92.332. (6) No provision of this section shall affect any right of a foreclosing superior lienholder to terminate, according to law, any interest in the premises held by the holders of subordinate liens, encumbrances, leases, or other interests and shall not affect any right of the tenant to terminate the lease according to law. Jan. 1, 1996. 2, eff. Jan. 1, 1998. The copy of the rules or policies must be: (2) included in a lease agreement signed by the tenant; or. (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. APPLICATION OF SUBCHAPTER. 92.003. The drop bolt system must prevent the door from being opened unless the central plate is lifted off of the doorjamb restraint by a person who is on the interior side of the door. Section 23.001 et seq. Sec. (b) If the landlord secures the replacement tenant, the landlord may retain and deduct from the security deposit or rent prepayment either: (1) a sum agreed to in the lease as a lease cancellation fee; or. Sec. . (3) the tenant is entitled to any defenses to payment against the insurer as against the landlord. The duties of a landlord and the remedies of a tenant under this subchapter are in lieu of common law, other statutory law, and local ordinances relating to a residential landlord's duty to install, change, rekey, repair, or replace security devices and a tenant's remedies for the landlord's failure to install, change, rekey, repair, or replace security devices, except that a municipal ordinance adopted before January 1, 1993, may require installation of security devices at the landlord's expense by an earlier date than a date required by this subchapter. September 1, 2017. Added by Acts 2019, 86th Leg., R.S., Ch. This type of ownership is common among unmarried individuals when one contributes . Sec. (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. The landlord shall post the hours of operation or availability of the facility in a conspicuous place at the facility. Sec. EFFECT ON OTHER RIGHTS. 3, eff. DEFINITIONS. 92.166. 1168), Sec. Sec. (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. January 1, 2010. Jan. 1, 1984. (c) 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) a judge signs an order described by Subsection (b-1)(1) if the tenant obtained such an order; (2) the tenant provides a copy of the relevant documentation described by Subsection (b-1)(1) or (2), as applicable, to the landlord; (3) 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; (4) the 30th day after the date the tenant provided notice under Subdivision (3) expires; and. Sec. Sept. 1, 1999. The fee for service of a show cause order is the same as that for service of a civil citation. Sec. 54, 91, and 92 of the Texas Property Code, which is available in your local law library and online at statutes.capitol.texas.gov. CHAPTER 29. V 3. LeaseRunner's Texas lease uses the 24 hour . Amended by Acts 1989, 71st Leg., ch. Repairs may not be made to the foundation or load-bearing structural elements of the building if it contains two or more dwelling units. Amended by Acts 2003, 78th Leg., ch. Sec. 31.01(71), eff. (c) If the tenant has complied with Subsection (b) and if the justice reasonably believes an unlawful utility disconnection has likely occurred, the justice may issue, ex parte, a writ of restoration of utility service that entitles the tenant to immediate and temporary restoration of the disconnected utility service, pending a final hearing on the tenant's sworn complaint. 92.207. 1488), Sec. 576, Sec. The other two types are a joint tenancy and a tenancy by the entirety. Amended by Acts 1995, 74th Leg., ch. (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. 1, eff. (a) If a landlord has interrupted utility service in violation of Section 92.008, the tenant may obtain relief as provided by this section. Sec. (2) "Dwelling unit" means a home, mobile home, duplex unit, apartment unit, condominium unit, or any dwelling unit in a multiunit residential structure. EXEMPTIONS. COMPLIANCE WITH TENANT REQUEST REQUIRED WITHIN REASONABLE TIME. Sept. 1, 1993. 1, eff. 1, 3, eff. (3) a nursing or convalescent home licensed by the Department of State Health Services and certified to meet the Life Safety Code under federal law and regulations. 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Not be made to the foundation or load-bearing structural elements of the facility be submitted in good.! Subchapter does not impose obligations on a landlord 's rejection of all co-applicants at the facility your law! Owner, lessor, or known as a cotenancy lease uses the 24 hour for a as... Of REENTRY AFTER UNLAWFUL LOCKOUT Acts 1983, 68th Leg., ch 91, 92... Safe building ) damage from windows or doors left open not be made to the foundation or load-bearing elements.
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