Sept. 1, 1997. (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. A landlord who has provided information under Subdivision (2) or (3) of Subsection (b) of Section 92.201 is liable to a tenant according to this subchapter if: (1) the information becomes incorrect because a name or address changes; and. 92.018. Sept. 1, 1993. 576, Sec. 7, 2021. The tenant has the burden of proving that the misuse or damage was caused by another party. 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. 13, eff. 1186), Sec. 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). Jan. 1, 1984. (2) if an entity located off-site from the dwelling is primarily responsible for managing the dwelling, the name and street address of the management company. 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. 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. January 1, 2014. January 1, 2014. (a) This section applies only to a tenant in a multiunit complex, as that term is defined by Section 92.151. Added by Acts 2021, 87th Leg., R.S., Ch. Sec. 1, eff. (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. 576, Sec. (b) A landlord shall provide to a tenant a written notice substantially equivalent to the following: "(Landlord) ( ) is or ( ) is not aware that the dwelling you are renting is located in a 100-year floodplain. (b) A landlord may not intentionally prevent a tenant from entering the leased premises except by judicial process unless the exclusion results from: (1) bona fide repairs, construction, or an emergency; (2) removing the contents of premises abandoned by a tenant; or. Sec. Termination of a lease under this subsection is effective when the tenant surrenders possession of the dwelling. (d) A landlord may not continue to prosecute and a court shall abate an action to enforce the lease, other than an action for nonpayment of rent, only until the landlord provides to a tenant a complete copy of the lease if the tenant submits to the court evidence in a plea in abatement or otherwise that the landlord failed to comply with Subsection (a) or (b). (2) the late fee is more than the applicable amount under Subdivision (1), but not more than uncertain damages to the landlord related to the late payment of rent, including direct or indirect expenses, direct or indirect costs, or overhead associated with the collection of late payment. 92.1041. 18 (S.B. Sept. 1, 1993; Acts 1999, 76th Leg., ch. (l) The fee for filing a sworn complaint for reentry is the same as that for filing a civil action in justice court. (a) For purposes of this section, "dependent," "military service," and "servicemember" have the meanings assigned by 50 App. Acts 2007, 80th Leg., R.S., Ch. (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. (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. TENANT'S FORWARDING ADDRESS. When one co-owner dies, the interest . REMOVAL OF PROPERTY AND EXCLUSION OF RESIDENTIAL TENANT. 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. 2.63, eff. 1, eff. CHAPTER 82. 5, eff. 5, eff. 1, eff. ATTORNEY'S FEES. EVICTION SUITS. (2) payable at the time each rent payment is due during the lease. 5, eff. A mutual agreement for tenant repair under Subsection (g) of Section 92.0561 is not a violation of Section 92.006. 576, Sec. 1783), Sec. (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. Sept. 1, 1993; Acts 1999, 76th Leg., ch. If the tenants in common were unmarried but a couple, the late tenant may have left her share to her partner in her will. 1, Sept. 1, 1995. September 1, 2017. 1072 (H.B. Sec. (a) Before returning a security deposit, the landlord may deduct from the deposit damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease. 138, Sec. 92.053. (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) Disclosure of information to a government official or employee must be made by giving the information in writing to the official or employee on or before the seventh day after the date the landlord receives the request from the official or employee for the information. 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). 8, eff. Sec. The "Tenant Remedies" section of this brochure offers guidance for pursuing legal action against a landlord who is withholding a deposit refund. (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. 1420, Sec. Aug. 28, 1995; Acts 1995, 74th Leg., ch. 92.202. The affidavit must state facts showing that the landlord has made and is making diligent efforts to repair the condition, and it must contain dates, names, addresses, and telephone numbers of contractors, suppliers, and repairmen contacted by the owner. January 1, 2020. Non-renewal of the lease after the rental period ends. Aug. 31, 1987. (3) "Co-applicant" means a person who makes an application for rental of a dwelling with other applicants and who plans to live in the dwelling with other applicants. (f) If the landlord fails to request a hearing on the tenant's sworn complaint for restoration of utility service before the eighth day after the date of service of the writ of restoration of utility service on the landlord under Subsection (d), a judgment for court costs may be rendered against the landlord. 600 (H.B. (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. September 1, 2017. . 1060 (H.B. January 1, 2008. Renumbered from Property Code, Section 92.016 by Acts 2007, 80th Leg., R.S., 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. Sec. 576, Sec. Other judicial actions under this chapter may not be joined with an eviction suit or asserted as a defense or crossclaim in an eviction suit. Sec. Jan. 1, 1984. 1, eff. Aug. 31, 1987. Renumbered from Sec. 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. 94.005. January 1, 2008. 2, eff. 576, Sec. At Lindquist Wood Edwards LLP, we represent both commercial landlords and tenants in a variety of legal matters. Sec. Sec. 92.259. 92.009. Amended by Acts 1989, 71st Leg., ch. 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. A landlord complies with the requirements of this subchapter relating to the provision of smoke alarms in the dwelling unit if the landlord: (1) has a fire detection device, as defined by Section 6002.002, Insurance Code, that includes a fire alarm device, as defined by Section 6002.002, Insurance Code, installed in a dwelling unit; or. 1367), Sec. The tenant must also state orally under oath to the justice the facts of the alleged unlawful lockout. 1, eff. 69), Sec. Added by Acts 2007, 80th Leg., R.S., Ch. (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. 357, Sec. Added by Acts 1995, 74th Leg., ch. During the lease term and any renewal period, a landlord shall repair or replace a security device on request or notification by the tenant that the security device is inoperable or in need of repair or replacement. 92.0135. (c) A landlord's duties and the tenant's remedies under Subchapter B, which covers conditions materially affecting the physical health or safety of the ordinary tenant, may not be waived except as provided in Subsections (d), (e), and (f) of this section. (C) explaining the remedies available to the tenant for the landlord's failure to comply. (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. 23.011, 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. Sept. 1, 1995. In an eviction suit, retaliation by the landlord under Section 92.331 is a defense and a rent deduction lawfully made by the tenant under this chapter is a defense for nonpayment of the rent to the extent allowed by this chapter. 10, eff. LANDLORD AND TENANT. 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. Acts 1983, 68th Leg., p. 3639, ch. 1168), Sec. 17.001(64), eff. 92.019. 2, eff. Aug. 28, 1989; Acts 1997, 75th Leg., ch. Amended by Acts 1989, 71st Leg., ch. 409 (H.B. Added by Acts 1993, 73rd Leg., ch. (3) the amount of rent and other charges for which the tenant is delinquent. If the tenant in common died without a will, their share of the property . 92.056. 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. In tenants in common circumstances, each person holds an individual, undivided ownership interest, which gives them an equal right to use the property or transfer their ownership . 1205, Sec. 1, eff. (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. (4) a living unit in an apartment, condominium, cooperative, or townhome project. 2, eff. TITLE 7. 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. Sec. This subchapter applies to all residential leases. The fee for service of a show cause order is the same as that for service of a civil citation. Sec. ALTERNATIVE COMPLIANCE. Renumbered from Sec. (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. Under a tenancy in common, all tenants own an undivided interest in the property. 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. (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. Jan. 1, 1984. 744, 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. (a) If a security deposit is required by a residential lease, the landlord may choose to offer the tenant an option to pay a fee in lieu of a security deposit. Pflugerville, TX 78660. September 1, 2007. Sec. 3, eff. 92.254. 1, eff. 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. (3) the landlord has locally mailed not later than the fifth calendar day before the date on which the door locks are changed or hand-delivered to the tenant or posted on the inside of the main entry door of the tenant's dwelling not later than the third calendar day before the date on which the door locks are changed a written notice stating: (A) the earliest date that the landlord proposes to change the door locks; (B) the amount of rent the tenant must pay to prevent changing of the door locks; (C) the name and street address of the individual to whom, or the location of the on-site management office at which, the delinquent rent may be discussed or paid during the landlord's normal business hours; and. WAIVER OR EXPANSION OF DUTIES AND REMEDIES. (C) an advocate as defined by Section 93.001, Family Code, who assisted the victim. A sheriff or constable may use reasonable force in executing a writ of reentry under this section. 92.0562. 92.168. September 1, 2017. (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. Acts 2015, 84th Leg., R.S., 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. Sept. 1, 1995; Acts 1995, 74th Leg., ch. (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. 3101), Sec. 683, Sec. (i) A landlord is subject to the tenant remedies provided by Section 92.164(a)(4) if the landlord: (1) deactivates or does not install a keyless bolting device, claiming an exemption under Subsection (e), (f), or (g); and. Added by Acts 2009, 81st Leg., R.S., Ch. (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. Added by Acts 2007, 80th Leg., R.S., Ch. CODE 23.001. Jan. 1, 1984. Knowing what conditions the right of entry within the state of Texas is important, as to avoid any legal issues with the residing tenants. 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. (b) After a tenant receives the notice and moves out: (1) the local health officer or building inspector may not allow occupancy of or utility service by separate meter to the rental unit until the officer certifies that he knows of no condition that materially affects the physical health or safety of an ordinary tenant; and. PROPERTY CODE. 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. Jan. 1, 1984. Sec. If a landlord offers a tenant the option of paying a fee in lieu of a security deposit, the landlord: (1) shall offer the tenant the option to instead pay a security deposit; and. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. Amended by Acts 1993, 73rd Leg., ch. 1, eff. 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. Sec. (6) "Tenant" means a person who is authorized by a lease to occupy a dwelling to the exclusion of others and, for the purposes of Subchapters D, E, and F, who is obligated under the lease to pay rent. 1, eff. A landlord has a defense to liability under Section 92.202 or 92.203 if the tenant owes rent on the date the tenant gives a notice required by either of those sections. Amended by Acts 1989, 71st Leg., ch. Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 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