TITLE 7. For purposes of this subsection, a pay stub or other statement of earnings issued by the tenant's employer is sufficient verification. January 1, 2010. (3) For conditions other than those specified in Subdivision (2) of this subsection, if the new landlord acquires title as described in this subsection and has notified the tenant of the name and address of the new landlord or the new landlord's authorized agent and if the tenant has not already contracted for the repair or remedy at the time the tenant is so notified, the tenant must deliver to the new landlord a written notice of intent to repair or remedy the condition, and the new landlord shall have a reasonable time to complete the repair before the tenant may repair or remedy the condition. (b) A smoke alarm must be installed on a ceiling or wall. 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. (a) For purposes of this section, "dependent," "military service," and "servicemember" have the meanings assigned by 50 App. (c) This subchapter does not require the landlord: (1) to furnish utilities from a utility company if as a practical matter the utility lines of the company are not reasonably available; or. Under a tenancy in common, all tenants own an undivided interest in the property. (d) Subsections (a) and (b) apply only when a tenant is in possession of a dwelling. (a) In this section: (1) "Customer" means a person who is responsible for bills received for electric utility service or gas utility service provided to nonsubmetered master metered multifamily property. Jan. 1, 1984. (h) If a writ of possession is issued, it supersedes a writ of reentry. The justice may defer payment of the tenant's filing fees and service costs for the sworn complaint for restoration of utility service and writ of restoration of utility service. Aug. 31, 1987. (c) A fire extinguisher that satisfies the inspection requirements of Subsection (b) at the beginning of a tenant's possession is presumed to be in good working order until the tenant requests an inspection in writing. . (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. Amended by Acts 1993, 73rd Leg., ch. Added by Acts 2005, 79th Leg., Ch. 257 (H.B. This means that if the property is real estate, no tenant can exclude any other tenant from any part of the property. 576, Sec. (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. 629 (S.B. PROP. One of the most common . Aug. 28, 1989. January 1, 2022. 2, eff. DEFINITIONS. 1, eff. 2404), Sec. Furthermore, each co-owner may control an equal or different percentage of the total property. 92.003. September 1, 2017. AGENT FOR DELIVERY OF NOTICE. 1367), Sec. Sec. Acts 1983, 68th Leg., p. 3632, ch. 1099), Sec. 9, eff. 1862), Sec. For example, two people may own 25 percent of a property, while another person owns 50 percent. Jan. 1, 1984. 12, eff. 92.059 and amended by Acts 1995, 74th Leg., ch. (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. The landlord shall keep accurate records of all security deposits. If management company employees perform the work, the charge may include reasonable overhead and profit but may not exceed the cost charged to the owner by the management company for comparable security devices installed by management company employees at the owner's request and expense. 92.257. Jan. 1, 1984. (e) A landlord who violates this section is liable to the tenant for actual damages, a civil penalty equal in amount to the amount of one month's rent plus $500, and attorney's fees. (e-1) A landlord who changes the locks or otherwise prevents a tenant from entering the tenant's individual rental unit may not change the locks or otherwise prevent a tenant from entering a common area of residential rental property. (b) A landlord's rejection of one co-applicant shall be deemed as a rejection of all co-applicants. (e) This section does not apply to a landlord's duty to install or rekey, without necessity of a tenant's request, a security device under Section 92.153 or 92.156(a). (c) If the tenant has complied with Subsection (b) and if the justice reasonably believes an unlawful lockout has likely occurred, the justice may issue, ex parte, a writ of reentry that entitles the tenant to immediate and temporary possession of the premises, pending a final hearing on the tenant's sworn complaint for reentry. 5, eff. Added by Acts 2019, 86th Leg., R.S., Ch. 92.017. If the tenants in common were unmarried but a couple, the late tenant may have left her share to her partner in her will. Section 4001 et seq.). 92.165. (B) a doorknob lock that contains a bolt with at least a one-inch throw. 92.055. (c) A landlord's failure to provide a complete copy of the lease as described by Subsection (a) or (b) does not invalidate the lease or, subject to Subsection (d), prevent the landlord from prosecuting or defending a legal action or proceeding to enforce the lease. 921 (H.B. The Federal Emergency Management Agency (FEMA) maintains a flood map on its Internet website that is searchable by address, at no cost, to determine if a dwelling is located in a flood hazard area. September 1, 2017. 9, eff. 92.057(d) and amended by Acts 1995, 74th Leg., ch. 869, Sec. 576, Sec. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. (c) If a landlord does not provide the tenant the notice as required by this section, the landlord forfeits the right to collect damages and charges from the tenant. (k) If a tenant in bad faith files a sworn complaint for reentry resulting in a writ of reentry 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. 92.302. 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. - landlord must give written notice within 6 months after the right to terminate arises. 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. 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). (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. It also means a "dwelling" as defined by Section 92.001. Sept. 1, 1993; Acts 1995, 74th Leg., ch. Amended by Acts 1995, 74th Leg., ch. 1112 (H.B. 869, Sec. (5) court costs and attorney's fees, excluding any attorney's fees for a cause of action for damages relating to a personal injury. (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. (d) A landlord to whom Subsection (a) does not apply must provide to a tenant a telephone number for the purpose of reporting emergencies described by that subsection. (a) A landlord is liable to a tenant or a governmental body according to this subchapter if: (1) after the tenant or government official or employee makes a request for information under Section 92.201, the landlord does not provide the information; and. While the tenancy in common exists, a unit owner and the owner's successors in interest have an exclusive right to occupy the portion of the real property that formerly constituted the owner's unit. HARASSMENT. 2, eff. Jan. 1, 1996. Renumbered from Sec. The Austin Tenants Council provides a thorough interpretation of the protections that renters are provided in 92.101 - 92.109 of the Texas Property Code when they pay a security deposit. January 1, 2006. Acts 2011, 82nd Leg., R.S., Ch. Added by Acts 2007, 80th Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. APPLICATION OF SUBCHAPTER. (6) "Required date" means the required date for any acceptance of the applicant under Section 92.352. (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. Added by Acts 2005, 79th Leg., Ch. 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. Amended by Acts 1995, 74th Leg., ch. 1510), Sec. (h) If a writ of possession is issued, it supersedes a writ of restoration of utility service. 1448), Sec. (a) A landlord may not retaliate against a tenant by taking an action described by Subsection (b) because the tenant: (1) in good faith exercises or attempts to exercise against a landlord a right or remedy granted to the tenant by lease, municipal ordinance, or federal or state statute; (2) gives a landlord a notice to repair or exercise a remedy under this chapter; (3) complains to a governmental entity responsible for enforcing building or housing codes, a public utility, or a civic or nonprofit agency, and the tenant: (A) claims a building or housing code violation or utility problem; and, (B) believes in good faith that the complaint is valid and that the violation or problem occurred; or. 92.007. (b) A landlord shall perform additional rekeying or change a security device at the tenant's expense if requested by the tenant. 1072 (H.B. 92.105. 2d 541, 548; accord Hacienda Ranch Homes, Inc. v. Superior Ct. (2011) 198 Cal.App. CASH RENTAL PAYMENTS. 4th 1122, 1128, as . (e) If a tenant, after being furnished with a copy of this subchapter, knowingly violates Subsection (a), the landlord shall have no responsibility after the tenant's death for removal, storage, disappearance, damage, or disposition of property in the tenant's leased premises. (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. Redesignated from Property Code Sec. Renumbered from Property Code Sec. (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. Amended by Acts 1995, 74th Leg., ch. A reconnection fee may not be applied unless agreed to by the tenant in a written lease that states the exact dollar amount of the reconnection fee. POSSESSION OF FIREARMS OR FIREARM AMMUNITION ON LEASED PREMISES. Each type of co-tenancy provides each owner with a non-exclusive right to use, occupy, and possess . 92.110. Jan. 1, 1996; Acts 1995, 74th Leg., ch. (i) The tenant shall not have authority to contract for labor or materials in excess of what the tenant may deduct under this section. 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. 1, eff. Jan. 1, 1984. Property and real estate law includes homestead protection from creditors; relationships between landlords and tenants; and other matters pertaining to one's home or residence. 3, eff. (a) A tenant shall notify the landlord of a rent deduction attributable to the tenant's installing, repairing, changing, replacing, or rekeying of a security device under Section 92.164(a)(1) or 92.165(1) after the landlord's failure to comply with this subchapter. they can remain a tenant in the property. (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. 92.259. 744, Sec. Tenancy in common allows two or more people ownership interests in a property. (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. Aug. 31, 1987. 1, eff. 1, eff. 801, Sec. (3) including the information in a copy of the tenant's lease or in written rules given to the tenant before the tenant requests the information. 3, eff. 24 Hour Notice Period. (3) leaving the notice inside the dwelling in a conspicuous place if notice in that manner is authorized in a written lease. Sec. (3) changing the door locks on the door to the tenant's individual unit of a tenant who is delinquent in paying at least part of the rent. Sept. 1, 2001. 337 (H.B. (i) the date the electric service has been interrupted; (ii) a location where the tenant may go during the landlord's normal business hours to make arrangements to pay the bill to reestablish interrupted electric service; (iii) the amount that must be paid to reestablish electric service; (iv) a statement providing that when the tenant makes a payment to reestablish electric service, a landlord may not apply that payment to rent or other amounts owed under the lease; (vi) a description of the tenant's rights under Subsection (j) to avoid interruption of electric service if the interruption will cause a person residing in the tenant's dwelling to become seriously ill or more seriously ill. (i) Unless a dangerous condition exists or the tenant requests disconnection, a landlord may not interrupt or cause the interruption of electric service under Subsection (h) on a day: (1) on which the landlord or a representative of the landlord is not available to collect electric bill payments and reestablish electric service; (2) that immediately precedes a day described by Subdivision (1); or, (A) the previous day's highest temperature did not exceed 32 degrees Fahrenheit and the temperature is predicted to remain at or below that level for the next 24 hours according to the nearest National Weather Service reports; or. A common tenant defense is that their landlord did not adhere to all the legal requirements for evicting them. (2) for a dwelling unit that is a one-family or two-family dwelling unit, installs smoke detectors in compliance with Chapter 766, Health and Safety Code. 2, eff. The landlord may file subsequent affidavits, provided that the total delay of the repair or remedy extends no longer than six months from the date the landlord delivers the first affidavit to the tenant. (c) For purposes of Subsection (b)(4) or (5), a landlord is considered to have received the tenant's notice when the landlord or the landlord's agent or employee has actually received the notice or when the United States Postal Service has attempted to deliver the notice to the landlord. (d) The writ of restoration of utility service must be served on either the landlord or the landlord's management company, on-premises manager, or rent collector in the same manner as a writ of possession in a forcible detainer suit. (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. (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 if the tenant complies with Subsection (c). 1, eff. 1, eff. . Acts 2013, 83rd Leg., R.S., Ch. 7.002(o), eff. 4, eff. (4) the tenant has the right to install or rekey a security device required by this subchapter and deduct the reasonable cost from the tenant's next rent payment, as provided by Subsection (a)(1). You should seek insurance coverage that would cover losses caused by a flood.". (b) At a tenant's request made before January 1, 1995, a landlord, at the tenant's expense, shall install on an exterior door of a dwelling constructed before September 1, 1993: (1) a keyless bolting device if the door does not have a keyless bolting device; and. b) A landlord is liable to a tenant as provided by this subchapter if: 1. the tenant has given the landlord notice to repair or remedy a condition by giving that notice to the person to whom or to . (b) The landlord must post the phone number required by Subsection (a) prominently outside the management or superintendent's office. Acts 2017, 85th Leg., R.S., Ch. If one of the tenants dies, their interest passes to their heirs rather than to the other tenant (s). (2) the landlord has given notice to the tenant that the landlord intends to exercise the landlord's remedies under this subchapter if the tenant does not reconnect, repair, or replace the smoke alarm or replace the removed battery within seven days after being notified by the landlord to do so. (2) an earlier date agreed to by the landlord and the tenant. (e) A landlord, not later than the 30th day after the effective date of the termination of a lease under this section, shall refund to the residential tenant terminating the lease under Subsection (b) all rent or other amounts paid in advance under the lease for any period after the effective date of the termination of the lease. Specific sections cover the residential landlord's responsibility and liability for repairs, retaliation, the rental application, evictions, security deposits, lockouts, smoke . 917 (H.B. 8, eff. Jan. 1, 1984. 357, Sec. EMERGENCY PHONE NUMBER. (b) If a dwelling unit was occupied as a residence before September 1, 2011, or a certificate of occupancy was issued for the dwelling unit before that date, a smoke alarm installed in accordance with Subsection (a) may be powered by battery and is not required to be interconnected with other smoke alarms, except that a smoke alarm that is installed to replace a smoke alarm that was in place on the date the dwelling unit was first occupied as a residence must comply with residential building code standards that applied to the dwelling unit on that date or Section 92.252(b). 332, Sec. (c) During the term of a lease or during a renewal or extension, the landlord has a duty to inspect and repair a smoke alarm, but only if the tenant gives the landlord notice of a malfunction or requests to the landlord that the smoke alarm be inspected or repaired. Jan. 1, 1996. (4) a temporary residential tenancy created by a contract for sale in which the buyer occupies the property before closing or the seller occupies the property after closing for a specific term not to exceed 90 days. Sept. 1, 2001. Added by Acts 2001, 77th Leg., ch. A landlord's failure to respond does not affect the tenant's liability for any late fee owed to the landlord. Sec. Acts 1983, 68th Leg., p. 3651, ch. The duties of a landlord and the remedies of a tenant under this subchapter are in lieu of existing common law and other statutory law warranties and duties of landlords for maintenance, repair, security, habitability, and nonretaliation, and remedies of tenants for a violation of those warranties and duties. Jan. 1, 1984. 92.262. 91.002 by Acts 1987, 70th Leg., ch. 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