Sept. 1, 1997. (g) A landlord is liable for any damage to a tenant's vehicle resulting from the negligence of a towing service that contracts with the landlord or the landlord's agent to remove vehicles that are parked in violation of the landlord's rules and policies if the towing company that caused the damage does not carry insurance that covers the damage. (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. Jan. 1, 1984. 4, eff. (a) The landlord shall inspect and repair a smoke alarm according to this section. 1, eff. (d) The requirements of this section do not apply to a keyed dead bolt or a keyless bolting device in one door of a pair of French doors that is installed in accordance with the requirements of Section 92.153(b)(1) or (2). The copy of the rules or policies must be: (2) included in a lease agreement signed by the tenant; or. The justice may defer payment of the tenant's filing fees and service costs for the sworn complaint for reentry and writ of reentry. 1, eff. APPLICATION. (g) A landlord and a tenant may mutually agree for the tenant to repair or remedy, at the landlord's expense, any condition of the dwelling regardless of whether it materially affects the health or safety of an ordinary tenant. Amended by Acts 1997, 75th Leg., ch. Sec. Jan. 1, 1996. (e) If the landlord rejects an applicant and the landlord has not made the notice required by Subsection (a) available, the landlord shall return the application fee and any application deposit. 1268 (H.B. (B) the agreement for repairs by the tenant is either underlined or printed in boldface in the lease or in a separate written addendum; (C) the agreement is specific and clear; and. Sept. 1, 1997. 576, Sec. Copyright2023, Sheehan Law PLLC. (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. January 1, 2016. 92.170. LANDLORD AFFIDAVIT FOR DELAY. (b) The tenant shall notify the landlord in writing of any change in the tenant's primary residence address. A tenancy in common occurs when two or more parties jointly hold an interest in property. (b) A smoke alarm must be installed on a ceiling or wall. 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. 1112 (H.B. Acts 1983, 68th Leg., p. 3637, ch. 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. 1439, Sec. (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. PROPERTY CODE. However, the landlord's duty to repair or remedy conditions covered by this subchapter may not be waived except as provided by Subsection (e) or (f) of Section 92.006. 1205, Sec. 357, Sec. (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. January 1, 2022. If a municipality or a county revokes a certificate of occupancy for a leased premises because of the landlord's failure to maintain the premises, the landlord is liable to a tenant who is not in default under the lease for: (1) the full amount of the tenant's security deposit; (2) the pro rata portion of any rental payment the tenant has paid in advance; (3) the tenant's actual damages, including any moving costs, utility connection fees, storage fees, and lost wages; and. Acts 1983, 68th Leg., p. 3639, 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. Acts 1983, 68th Leg., p. 3633, ch. Acts 1983, 68th Leg., p. 3635, ch. 302), Sec. Sec. The default form of co-ownership in Texas is a tenancy in common. Prop. 969 (H.B. Texas law recognizes three forms of cotenancy: community property, joint tenants with the right of survivorship (JTWS), and tenants in common (TIC). (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. (n) If a delinquent electric bill is paid, or a deferred payment plan is entered into, during normal business hours, the landlord shall reconnect the tenant's electric service within two hours of payment or entry into the deferred payment plan. (h) A tenant may not waive a tenant's right to terminate a lease before the end of the lease term, vacate the dwelling, and avoid liability under this chapter. A managing agent, leasing agent, or resident manager is the agent of the landlord for purposes of notice and other communications required or permitted by this subchapter. Knowing what conditions the right of entry within the state of Texas is important, as to avoid any legal issues with the residing tenants. 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. (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. (j) If a tenant in bad faith files a sworn complaint for restoration of utility service resulting in a writ being served on the landlord or landlord's agent, the landlord may in a separate cause of action recover from the tenant an amount equal to actual damages, one month's rent or $500, whichever is greater, reasonable attorney's fees, and costs of court, less any sums for which the landlord is liable to the tenant. Each common area facility, if any, must be open or available to tenants. (6) "Required date" means the required date for any acceptance of the applicant under Section 92.352. (h) A tenant's right to a jury trial in an action brought under this chapter may not be waived in a lease or other written agreement. 744, Sec. 3, eff. Section 511. 593 (S.B. 1, eff. If the insurance company has already paid the landlord for the invalidated claim, the landlord shall return the payment. (d) This section does not affect the obligations or liability of the tenant or the tenant's estate under the lease before the lease is terminated under this section, including the liability of the tenant or the tenant's estate for: (2) damages to the leased premises not caused by normal wear and tear. When a new tenant arrives, all security devices in the building must be rekeyed. 650, Sec. Jan. 1, 1984. Amended by Acts 1995, 74th Leg., ch. The landlord has a defense to liability under Section 92.259 if: (1) on the date the tenant gives the notice required by Section 92.259 the tenant has not paid all rent due from the tenant; or. If a landlord removes any of the items listed in this subsection for a bona fide repair or replacement, the repair or replacement must be promptly performed. Joint owners are called co-owners or cotenants, and the. Texas recognizes two types of co-tenancies: A tenancy in common: The deeded interest descends to the heirs and beneficiaries of the deceased cotenant. Sec. (m) If an insurer seeks reimbursement under Subsection (l)(2), the insurer must include in the reimbursement demand: (1) evidence of damages or unpaid rent that the landlord submitted to the insurer; (2) evidence of damage repair costs that the landlord submitted to the insurer; and. SECURITY DEVICES REQUIRED WITHOUT NECESSITY OF TENANT REQUEST. Sec. (c-1) If the tenant is a victim or a parent or guardian of a victim of stalking under Section 42.072, Penal Code, that takes place during the preceding six-month period on the premises or at any dwelling on the premises, the tenant shall provide to the landlord or the landlord's agent a copy of: (1) documentation of a protective order issued under Subchapter A or B, Chapter 7B, Code of Criminal Procedure, except for a temporary ex parte order; or. It is also regulated by the Texas property code. Joint tenants also have the right to make improvements to the co-owned property. (c) The justice, county, and district courts have concurrent jurisdiction in an action under Subsection (a). 92.026. A management company, managing agent, or on-site manager may reimburse itself for the costs from the owner's funds in its possession or control. 5, eff. Sec. Acts 1983, 68th Leg., p. 3630, ch. 83), Sec. January 1, 2006. Acts 1983, 68th Leg., p. 3651, ch. (d) A landlord of a tenant who is liable under Subsection (a) may obtain or exercise one or more of the remedies in Subsection (e) if: (1) a lease between the landlord and tenant contains a notice, in underlined or boldfaced print, which states in substance that the tenant must not disconnect or intentionally damage a smoke alarm or remove the battery without immediately replacing it with a working battery and that the tenant may be subject to damages, civil penalties, and attorney's fees under Section 92.2611 of the Property Code for not complying with the notice; and. REMEDIES. 918, Sec. (a) A landlord that has an on-site management or superintendent's office for a residential rental property must provide to a tenant a telephone number that will be answered 24 hours a day for the purpose of reporting emergencies related to a condition of the leased premises that materially affects the physical health or safety of an ordinary tenant. Waiver of landlord's duties - Remove the provision from Section 92.006 of the Texas Property Code allowing landlords to charge tenants for . (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. Added by Acts 2011, 82nd Leg., R.S., Ch. VENUE. Aug. 31, 1987. (e) This section does not apply if notice is actually hand delivered to and received by a person occupying the leased premises. All Rights Reserved. A landlord is not exempt as provided by this subsection if the landlord knows or has reason to know that the requirements of this subsection are not fulfilled. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 165, Sec. 1112 (H.B. 12, eff. Notice in person may be by personal delivery to the tenant or any person residing at the tenant's dwelling who is 16 years of age or older or by personal delivery to the tenant's dwelling and affixing the notice to the inside of the main entry door. Rent delinquency is not a defense for a violation of Section 92.204. 576, Sec. 92.166. 3, eff. 92.057(d) and amended by Acts 1995, 74th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. January 1, 2006. DEFINITIONS. The duties of a landlord and the remedies of a tenant under this subchapter are in lieu of the common law, other statutory law, and local ordinances relating to the disclosure of ownership and management of a dwelling by a landlord to a tenant. Amended by Acts 1995, 74th Leg., ch. LIABILITY OF LANDLORD. LATE PAYMENT OF RENT; FEES. 7, eff. (d) If there is more than one tenant on a lease, the landlord is not required under this section to send notices to the primary residence of more than one tenant. 683, Sec. RESIDENTIAL TENANCIES. 48, Sec. 2, eff. (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. (2) more than once during a rental payment period. 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. 94.006(a). (f) The landlord is not obligated to provide batteries for a battery-operated smoke alarm after a tenant takes possession if the smoke alarm was in good working order at the time the tenant took possession. Law Office of Farren Sheehan for a consultation. 576, Sec. (b) If within the time allowed under Section 92.162(c) a landlord requests advance payment of charges that the landlord is entitled to collect under that section, the landlord shall comply with a tenant's request under Section 92.156(b), 92.157(a), or 92.157(b) within a reasonable time. Unless the landlord and tenant agree otherwise under Subsection (g) of this section, repairs may not be made by the tenant, the tenant's immediate family, the tenant's employer or employees, or a company in which the tenant has an ownership interest. TENANT'S REMEDY ON NOTICE FROM MANAGEMENT COMPANY. 11, eff. Sec. (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. January 1, 2020. Jan. 1, 1996. The Tenant Disregards the Notice . 3, eff. (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. 1, eff. Sept. 1, 1993. (f) If the landlord fails to request a hearing on the tenant's sworn complaint for reentry before the eighth day after the date of service of the writ of reentry on the landlord under Subsection (d), a judgment for court costs may be rendered against the landlord. TENANT REMEDIES. Sept. 1, 1993; Acts 1999, 76th Leg., ch. 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. Jan. 1, 1996. But they have different title percentages of ownership. Added by Acts 2001, 77th Leg., ch. 92.061. (c-1) As a precondition for allowing a tenant to park in a specific parking space or a common parking area that the landlord has made available for tenant use, the landlord may require a tenant to provide only the make, model, color, year, license number, and state of registration of the vehicle to be parked. (b) Except as provided by Subsection (a), a dwelling to which this subchapter applies includes: (1) a room in a dormitory or rooming house; (3) a single family house, duplex, or triplex; and. A landlord who violates this section shall be liable to the tenant for all judicial remedies under Section 92.0563 except that the civil penalty under Subdivision (3) of Subsection (a) of Section 92.0563 shall be one month's rent plus $1,000. Amended by Acts 1993, 73rd Leg., ch. (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. Amended as Sec. 92.004. 4, eff. Jan. 1, 1996. LANDLORD'S DEFENSES RELATING TO INSTALLING OR REKEYING CERTAIN SECURITY DEVICES. Acts 2009, 81st Leg., R.S., Ch. RETALIATION BY LANDLORD. Sec. Sec. 92.017. Aug. 28, 1989. 826, Sec. 1, eff. (c) If after a casualty loss the rental premises are partially unusable for residential purposes and if the casualty loss is not caused by the negligence or fault of the tenant, a member of the tenant's family, or a guest or invitee of the tenant, the tenant is entitled to reduction in the rent in an amount proportionate to the extent the premises are unusable because of the casualty, but only on judgment of a county or district court. (a) Except as provided by Subsection (b), the maximum number of adults that a landlord may allow to occupy a dwelling is three times the number of bedrooms in the dwelling. The landlord shall keep accurate records of all security deposits. relationship is known as a cotenancy. 1, eff. (2) the landlord fails to correct the information on or before the seventh day after the date the tenant gives the landlord written notice that the tenant may exercise the remedies under this subchapter if the corrected information is not provided within seven days. 92.1641. 1, eff. 48, Sec. (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. (8) "Multiunit complex" means two or more dwellings in one or more buildings that are: (B) managed by the same owner, agent, or management company; and. Civil Practice and Remedies Code, alleging that a common nuisance is being maintained on the leased premises with . (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. In any litigation under this subsection, the prevailing party shall recover reasonable attorney's fees from the nonprevailing party. 1, eff. Jan. 1, 1984. Aug. 28, 1989. (3) a delay was caused by circumstances beyond the landlord's control, including the illness or death of the landlord or a member of the landlord's immediate family. 5, eff. AGENTS FOR DELIVERY OF NOTICE. Aug. 28, 1989; Acts 1997, 75th Leg., ch. 744, Sec. (4) obtain judicial remedies according to Section 92.0563. LANDLORD'S FAILURE TO DISCLOSE INFORMATION. (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. Sept. 1, 1997. 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. 92.157. (a) For purposes of this section, "dependent," "military service," and "servicemember" have the meanings assigned by 50 App. (d) A landlord and a tenant may agree for the tenant to repair or remedy, at the landlord's expense, any condition covered by Subchapter B. (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. (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. Added by Acts 2007, 80th Leg., R.S., Ch. (5) a keyless bolting device and a door viewer on each exterior door of the dwelling. 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. January 1, 2010. Sec. 869, Sec. 917 (H.B. (f) A landlord and tenant may agree that, except for those conditions caused by the negligence of the landlord, the tenant has the duty to pay for repair of the following conditions that may occur during the lease term or a renewal or extension: (1) damage from wastewater stoppages caused by foreign or improper objects in lines that exclusively serve the tenant's dwelling; (2) damage to doors, windows, or screens; and. (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) A landlord's duties and the tenant's remedies concerning security devices, the landlord's disclosure of ownership and management, or smoke alarms, as provided by Subchapter D, E, or F, respectively, may be enlarged only by specific written agreement. 92.151. 337 (H.B. 917 (H.B. Sec. 200, Sec. 1120), Sec. 846, Sec. COMMERCIAL TENANCIES . 92.257. 5, eff. Added by Acts 2019, 86th Leg., R.S., Ch. (c) If the rules or policies are contained in the lease agreement or an attachment to the lease agreement, the title to the paragraph containing the rules or policies must read "Parking" or "Parking Rules" and be capitalized, underlined, or printed in bold print. Acts 2005, 79th Leg., Ch. 93.004 by Acts 2003, 78th Leg., ch. . Of these, the default and most common co-tenancy is tenants in common. 92.158. Acts 1983, 68th Leg., p. 3632, ch. 92.107. (b) A landlord is not required to provide the notice under Subsection (a) if the tenant has not given the landlord the tenant's forwarding address as provided by Section 92.107. Sept. 1, 1993. Sept. 1, 1995. 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. (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) damage the property of the landlord, other tenants, or neighbors. (4) have the condition repaired or remedied if the condition is not covered by Paragraph (A), (B), or (C) of Subdivision (3) of Subsection (d) of this section and involves a condition affecting the physical health or safety of the ordinary tenant as referred to in Paragraph (D) of Subdivision (3) of Subsection (d) of this section and if the landlord has failed to repair or remedy the condition within seven days after delivery of the tenant's notice of intent to repair. Acts 2011, 82nd Leg., R.S., Ch. (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. 92.106. 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. 92.162. 1186), Sec. Added by Acts 2021, 87th Leg., R.S., Ch. As in most jurisdictions, a "tenancy in common" in Texas is a form of joint ownership that comes into existence when real property is transferred, whether by conveyance, inheritance or operation of law to two or more persons in their own right, unless acquired in partnership, in joint tenancy or by husband and wife as . OBLIGATION TO REFUND. 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. 92.023. Jan. 1, 1984. Jan. 1, 1984. Acts 2015, 84th Leg., R.S., Ch. 3, eff. (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. 324 (S.B. Acts 2009, 81st Leg., R.S., Ch. 744, Sec. Jan. 1, 1998. 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. 650, Sec. January 1, 2010. 1371), Sec. (b) A landlord who in bad faith does not provide a written description and itemized list of damages and charges in violation of this subchapter: (1) forfeits the right to withhold any portion of the security deposit or to bring suit against the tenant for damages to the premises; and. 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. 576, Sec. (2) the date on which all of the conditions in Subsection (a) have been met. Sec. 357, Sec. (2) in the case of a lease other than a lease described by Subdivision (1), on the last day of the month following the month in which the notice under Subsection (c)(1) is delivered. 48, Sec. 7, eff. Sec. (2) "Dwelling unit" means a home, mobile home, duplex unit, apartment unit, condominium unit, or any dwelling unit in a multiunit residential structure. (C) the landlord, prior to the date of discarding the property, has not been contacted by anyone claiming the property. (B) to deploy with a military unit for a period of 90 days or more. 946), Sec. While the city would forego property tax revenue, the money that tenants are able to save in rent will be spent in the local economy on other life . Jan. 1, 1984. 1109), Sec. 576, Sec. Sec. TITLE 4. (e) If a tenant vacates the premises in breach of a written lease, the landlord may deduct from the tenant's security deposit the reasonable cost incurred by the landlord to rekey a security device as required by this section only if the lease includes a provision that is underlined or printed in boldface type authorizing the deduction. Amended by Acts 1989, 71st Leg., ch. Sept. 1, 1993; Acts 1995, 74th Leg., ch. Acts 1983, 68th Leg., p. 3649, ch. Amended by Acts 1995, 74th Leg., ch. PROP. (c) The expense of rekeying security devices for purposes of the use or change of the landlord's master key must be paid by the landlord. Jan. 1, 1984. Aug. 26, 1985. 801, Sec. 17.001(a), eff. (2) may not terminate or suspend the permit until the date the tenant's right of possession ends. The term includes a door between a living area and a garage but does not include a sliding glass door or a screen door. Acts 2015, 84th Leg., R.S., Ch. This duty does not exist with respect to damage or a malfunction caused by the tenant, the tenant's family, or the tenant's guests or invitees during the term of the lease or a renewal or extension, except that the landlord has a duty to repair or replace the smoke alarm if the tenant pays in advance the reasonable repair or replacement cost, including labor, materials, taxes, and overhead. 92.160. 1, eff. (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. (f) A landlord who intentionally prevents a tenant from entering the tenant's dwelling under Subsection (b)(3) must provide the tenant with a key to the changed lock on the dwelling without regard to whether the tenant pays the delinquent rent. 189 (S.B. A new statute will provide new rights to co-tenant heirs and a new option for the Texas real estate attorneys assisting them. (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. 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. 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. Acts 2021, 87th Leg., R.S., Ch. If you have any questions regarding co-ownership of property in Austin, Round Rock, or Pflugerville, contract the real estate and probate attorneys at the Law Office of Farren Sheehan for a consultation. (d) A provision of a lease that purports to waive a right or exempt a party from a liability or duty under this section is void. No further notice from the tenant is necessary in order for the tenant to repair or remedy the condition after a reasonable time has elapsed. REMOVAL OR ALTERATION OF SECURITY DEVICE BY TENANT. 10, eff. Added by Acts 1999, 76th Leg., ch. Acts 1983, 68th Leg., p. 3634, ch. 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. (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. 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. If a tenant followed the proper procedure and the landlord failed to make the repairs, the tenant may file a lawsuit against the landlord. is a condo located in Franklin County and the 43123 ZIP Code. LIABILITY OF TENANT FOR GOVERNMENTAL FINES. (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. EVICTION SUITS. Amended by Acts 1993, 73rd Leg., ch. In Ohio, tenants in common each have a distinct title and right to enter upon the whole of the real estate and take possession even if the ownership share is less than other tenants in common. The primary characteristics of a tenancy in common are: Each tenant in common holds a separate and undivided interest in the property. Tenants in common may, but are not required to, hold different percentages of ownership in the property. Sec. 869, Sec. (a) If, at the time of signing a lease or lease renewal, a tenant gives written notice to the tenant's landlord that the tenant does not occupy the leased premises as a primary residence and requests in writing that the landlord send notices to the tenant at the tenant's primary residence and provides to the landlord the address of the tenant's primary residence, the landlord shall mail to the tenant's primary residence: (3) all notices of rental increases at the end of the lease term; and. Schedule the entry during regular business hours, and try to work around the tenant's schedule as much as possible. Added by Acts 1989, 71st Leg., ch. 4, eff. 2, eff. A party who prevails in a suit brought under this subsection may recover court costs and reasonable attorney's fees from the other party. Sept. 1, 2001. (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. (2) "Bedroom" means an area of a dwelling intended as sleeping quarters. Sec. LIABILITY FOR LEASING TO PERSON WITH CRIMINAL RECORD. In Texas, a husband and wife may take title to property as husband and wife, as community property, since Texas is a community property state. REPAIR OR CLOSING OF LEASEHOLD. 92.018. 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. Jan. 1, 1984. 92.009. 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). 1198 (S.B. 48, 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. 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. 576, Sec. A security device that is installed, changed, or rekeyed under this subchapter becomes a fixture of the dwelling. Sec. Homes on Lake Conroe, the fourth-largest lake real estate market in Texas. PRESUMPTION OF REFUND OR ACCOUNTING. 576, Sec. Sec. The customer must provide the notice by mail to the tenant's or owner's preferred mailing address or hand deliver the notice to the tenant or owner. (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. 1099), Sec. Co-buyers can take title as joint tenants with right of survivorship or tenants in common. 7.002(o), eff. The power system and installation procedure of a security device that is electrically operated rather than battery operated must comply with applicable local ordinances. (6) the tenant holds over and the landlord's notice of termination is motivated by a good faith belief that the tenant, a member of the tenant's family, or a guest or invitee of the tenant might: (A) adversely affect the quiet enjoyment by other tenants or neighbors; (B) materially affect the health or safety of the landlord, other tenants, or neighbors; or. (D) the agreement is made knowingly, voluntarily, and for consideration. 650, Sec. INTERRUPTION OF UTILITIES. 3101), Sec. 1488), Sec. 92.255. Jan. 1, 1996. 92.005. Sept. 1, 1993. (a) A landlord shall accept a tenant's timely cash rental payment unless a written lease between the landlord and tenant requires the tenant to make rental payments by check, money order, or other traceable or negotiable instrument. 1, eff. 200, Sec. 92.301. (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. (2) on the date the tenant terminates the lease or files suit the tenant has not fully paid costs requested by the landlord and authorized by Section 92.162. 1303), Sec. 4, eff. January 1, 2008. A tenant may make an unlimited number of requests under this subsection. Sec. The tenant has the burden of proving that the misuse or damage was caused by another party. 1, eff. Acts 1983, 68th Leg., p. 3652, ch. Sec. (b) A landlord shall perform additional rekeying or change a security device at the tenant's expense if requested by the tenant. 4, eff. A landlord and tenant may agree to the provisions of this subsection only if the agreement meets the requirements of Subdivision (4) of Subsection (e) of this section. (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. (d) A landlord authorized by this subchapter to charge a tenant for repairing, installing, changing, or rekeying a security device under this subchapter may not require the tenant to pay more than the total cost charged by a third-party contractor for material, labor, taxes, and extra keys. 92 of the Texas Property Code. 3, eff. Sec. WHEN TENANT'S REQUEST OR NOTICE MUST BE IN WRITING. Aug. 28, 1995. Sec. Property is often owned by two or more people simultaneously. Sometimes, the law can only be enforced in court. 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.". Sec. CESSATION OF OWNER'S INTEREST. 650, Sec. 1, eff. 650, Sec. 869, Sec. 92.019. Jan. 1, 1984. January 1, 2008. Renumbered from Property Code Sec. 3, eff. 576, Sec. You also are entitled to the same compensation if your landlord violates the law. (d) Repealed by Acts 2009, 81st Leg., R.S., Ch. 650, Sec. A landlord is presumed to have refunded a security deposit or made an accounting of security deposit deductions if, on or before the date required under this subchapter, the refund or accounting is placed in the United States mail and postmarked on or before the required date. Added by Acts 1995, 74th Leg., ch. (c) The acknowledgment required by Subsection (b) must include a statement substantively equivalent to the following: "Signing this acknowledgment indicates that you have had the opportunity to review the landlord's tenant selection criteria. Tenancy in common is a way for two or more individuals to hold the title to a property. The default form of co-ownership in Texas is a tenancy in common. A TIC typically has no right of survivorship. (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. 1, eff. (c) A landlord who fails to give notice as required by this section is liable to the tenant for any expense incurred by the tenant as a result of the landlord's failure to give the notice. 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. 1, eff. Sec. September 1, 2007. What Does The Texas Landlord And Tenant Act Cover? 1, eff. 9, eff. Acts 2005, 79th Leg., Ch. 1, eff. Each type of co-tenancy provides each owner with a non-exclusive right to use, occupy, and possess . 92.052. 31.01(71), eff. V 3. September 1, 2017. 126, Sec. September 1, 2017. A tenant or occupant in the dwelling is over age 55 or has a physical or mental disability. 1, eff. Acts 1983, 68th Leg., p. 3631, ch. Sept. 1, 1995; Acts 1995, 74th Leg., ch. If one of the tenants dies, their interest passes to their heirs rather than to the other tenant (s). (15) "Tenant turnover date" means the date a tenant moves into a dwelling under a lease after all previous occupants have moved out. 21.001(97), eff. 92.104. (c) If the landlord gives the tenant the notice closing the rental unit: (1) before the tenant gives a repair notice to the landlord, the remedies of this subchapter do not apply; (2) after the tenant gives a repair notice to the landlord but before 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; or. Sept. 1, 1997. Most tenant insurance policies do not cover damages or loss incurred in a flood. 92.331. (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. (g) A provision of a lease that purports to waive a right or to exempt a party from a liability or duty under this section is void. 869, Sec. 1, eff. (2) checking to ensure the fire extinguisher gauge or pressure indicator indicates the correct pressure as recommended by the manufacturer of the fire extinguisher. Texas is one of nine states that is a community property jurisdiction. (3) included in an attachment to the lease agreement that is signed by the tenant, but only if the attachment is expressly referred to in the lease agreement. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 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. 946), Sec. 869, Sec. This means they each person owns an undivided one-half interest in the property, but there is no automatic right of survivorship. (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. (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. Acts 1983, 68th Leg., p. 3632, ch. Added by Acts 2019, 86th Leg., R.S., Ch. (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. TENANT'S DISABLING OF A SMOKE ALARM. 1367), Sec. 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. (c) This section does not create a cause of action or expand an existing cause of action. This chapter applies only to the relationship between landlords and tenants of residential rental property. Sec. 869, Sec. 5, eff. (2) within a reasonable time after receiving a written request by a tenant. 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. Jan. 1, 1984. Sec. (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. 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