576, Sec. 92.002. 1, eff. The fair market rent shall be determined by the governmental agency subsidizing the rent, or in the absence of such a determination, it shall be a reasonable amount of rent under the circumstances. When two or more people own property as tenants in . Owners can hold unequal shares, and they can sell or mortgage their shares independently from other tenants. Sec. January 1, 2010. This severance remedy is known as "Partition" and is available under Chapter 23 of the Texas Property Code. (3) tested and listed for use as a smoke alarm by Underwriters Laboratories, Inc., Factory Mutual Research Corporation, or United States Testing Company, Inc. (a-1) If requested by a tenant as an accommodation for a person with a hearing-impairment disability or as required by law as a reasonable accommodation for a person with a hearing-impairment disability, a smoke alarm must, in addition to complying with Subsection (a), be capable of alerting a hearing-impaired person in the bedrooms it serves. This happens even if the decedent left the property to heirs using a Will. (a) A representative of the estate of a tenant who dies before the expiration of the tenant's lease and was, at the time of the tenant's death, the sole occupant of a rental dwelling may terminate the tenant's rights and obligations under the lease and may vacate the leased premises and avoid liability for future rent and any other sums due under the lease for terminating the lease and vacating the leased premises before the end of the lease term if: (1) the representative provides to the landlord or the landlord's agent written notice of the termination of the lease under this section; (2) the deceased tenant's property is removed from the leased premises in accordance with Section 92.014(c) or (d); and. 918, Sec. Jan. 1, 1984. 1, eff. In this article, I will focus on TIC. 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(119), eff. 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. Acts 2019, 86th Leg., R.S., Ch. (e) This section does not apply if notice is actually hand delivered to and received by a person occupying the leased premises. (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. Tenants in Texas can claim constructive eviction if their utilities have been shut off or their windows, doors, fixtures, or appliances have been removed. (b) If the tenant's lease is in writing, the lease may require the tenant's initial request for information to be written. (13) "Sliding door pin lock" means a lock on a sliding glass door that consists of a pin or nail inserted from the interior side of the door at the side opposite the door's handle and that is designed to prevent the door from being opened or lifted. 92.102. Jan. 1, 1996. 1, eff. (a) In this section, "governmental entity" means the state, an agency of the state, or a political subdivision of the state. Sec. (b) The tenant must file with the justice court in the precinct in which the rental premises are located a sworn complaint for reentry, specifying the facts of the alleged unlawful lockout by the landlord or the landlord's agent. Acts 1983, 68th Leg., p. 3630, ch. Sec. Acts 1983, 68th Leg., p. 3632, ch. 1, eff. (4) the landlord, at the same time the service is interrupted, hand delivers or places on the tenant's front door a written notice that: (A) prominently displays the words "electricity termination notice" or similar language underlined or in bold; and. (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. 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 . 2, eff. (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. 4, eff. 91 (S.B. (e) If a rule or policy change is made during the term of the lease agreement, the change: (A) apply to all of the landlord's tenants in the same multiunit complex and be based on necessity, safety or security of tenants, reasonable requirements for construction on the premises, or respect for other tenants' parking rights; or, (B) be adopted based on the tenant's written consent; and. The written notice must include the customer's contact information and the tenant's remedies under Section 92.301. (b) The landlord shall determine that the smoke alarm is in good working order at the beginning of the tenant's possession by testing the smoke alarm with smoke, by operating the testing button on the smoke alarm, or by following other recommended test procedures of the manufacturer for the particular model. Added by Acts 2005, 79th Leg., Ch. 357, Sec. Renumbered from Sec. Q: Why can't property in Texas be held by a married couple as joint tenants with . Added by Acts 2009, 81st Leg., R.S., Ch. (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. Jan. 1, 1984. ATTORNEY'S FEES. January 1, 2010. 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. (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 92.258. 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). Sec. There are three exemptions to the keyless deadbolt requirement of Texas Property Code. Amended by Acts 1989, 71st Leg., ch. 576, Sec. (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. January 1, 2016. (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. (g) A smoke alarm that is in good working order at the beginning of a tenant's possession is presumed to be in good working order until the tenant requests repair of the smoke alarm as provided by this subchapter. 576, Sec. Sept. 1, 1997. 1783), Sec. 869, Sec. (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. (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. 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. 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. (c) The landlord has the burden of pleading and proving, by clear and convincing evidence, that the landlord gave the tenant the required notice of the illegality and the penalties and that the tenant's violation was done in bad faith. 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. 650, Sec. CHAPTER 92. 869, Sec. LANDLORD'S AGENT FOR SERVICE OF PROCESS. This defense includes the . (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. Acts 1983, 68th Leg., p. 3639, ch. Jan. 1, 1984. STATEMENT OF LATE FEES. 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. 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. (k) The fee for filing a sworn complaint for restoration of utility service is the same as that for filing a civil action in justice court. 1198 (S.B. (q) The landlord may not evict a tenant for failure to pay an electric bill when the landlord has interrupted the tenant's electric service under Subsection (h) unless the tenant fails to pay for the electric service after the electric service has been interrupted for at least two days, not including weekends or state or federal holidays. The Tenant Disregards the Notice . 1, eff. Texas recognizes two types of co-tenancies: A tenancy in common: The deeded interest descends to the heirs and beneficiaries of the deceased cotenant. LIABILITY FOR WITHHOLDING LAST MONTH'S RENT. (d) A landlord may rebut the presumption provided by Subsection (a) or (b) if despite the diligence of the landlord: (1) the landlord did not know of the tenant's request, without the fault of the landlord; (2) materials, labor, or utilities were unavailable; or. 12, eff. (7) recover court costs and attorney's fees, excluding any attorney's fees for a cause of action for damages relating to a personal injury. The tenant must also state orally under oath to the justice the facts of the alleged unlawful utility disconnection. The device must be: (A) a clear glass pane or one-way mirror; or. January 1, 2008. On request of the tenant, the landlord shall provide the statement to the tenant by any established means regularly used for written communication between the landlord and the tenant. Most tenant insurance policies do not cover damages or loss incurred in a flood. 12, eff. 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. (c) A tenant who terminates a lease under Subsection (b) shall deliver to the landlord or landlord's agent: (1) a written notice of termination of the lease; and. 348 (S.B. Civil Practice and Remedies Code, alleging that a common nuisance is being maintained on the leased premises with . (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. 3101), Sec. 39 (H.B. 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. (g) Except as provided by Subsection (h), a fee collected under this section is a security deposit for purposes of this chapter. Acts 1983, 68th Leg., p. 3632, ch. V 3. Unlike most states Texas does not automatically recognize joint tenancies as having a right of survivorship. 576, Sec. 630), Sec. 1, eff. (a) If a landlord does not comply with Section 92.153 or 92.156(a) regarding installation or rekeying of a security device, the tenant may: (1) install or rekey the security device 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) serve a written request for compliance on the landlord, and, except as provided by Subsections (b) and (c), if the landlord does not comply on or before the third day after the date the notice is received, unilaterally terminate the lease without court proceedings; (3) file suit against the landlord without serving a request for compliance and obtain a judgment for: (A) a court order directing the landlord to comply, if the tenant is in possession of the dwelling; (D) attorney's fees except in suits for recovery of property damages, personal injuries, or wrongful death; and. DEFINITIONS. The notice shall also contain a reasonable description of the intended repair or remedy. (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. Added by Acts 1993, 73rd Leg., ch. (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. 1112 (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. 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. 92.159. Texas Property Code 94.251 through 94.255 gives you the same protections against retaliation that you would have if you lived in a traditional rental home. Renumbered from Sec. 1, eff. (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. (a) At a tenant's request made at any time, a landlord, at the tenant's expense, shall install: (1) a keyed dead bolt on an exterior door if the door has: (A) a doorknob lock but not a keyed dead bolt; or, (B) a keyless bolting device but not a keyed dead bolt or doorknob lock; and. 899 (H.B. GENERAL PROVISIONS. 92.206. You should seek insurance coverage that would cover losses caused by a flood.". 92.165. The term includes double-hinged patio doors. 952, Sec. Sept. 1, 1993. REKEYING OR CHANGE OF SECURITY DEVICES. (j) 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. Jan. 1, 1984. Jan. 1, 1996. When one of them dies, the property passes to that tenant's heirs. 21.001, eff. (2) may not terminate or suspend the permit until the date the tenant's right of possession ends. (b) A tenant who violates this section is presumed to have acted in bad faith. The tenants don't have to have equal ownership interestsone can own a 25% share of the property while the other holds 75% ownership. Amended by Acts 1995, 74th Leg., ch. (5) the landlord may discard the property removed by the landlord from the tenant's leased premises if: (A) the landlord has mailed a written request by certified mail, return receipt requested, to the person designated under Subsection (a) or (b), requesting that the property be removed; (B) the person failed to remove the property by the 30th day after the postmark date of the notice; and. 744, Sec. January 1, 2016. 1367), Sec. (h) If a writ of possession is issued, it supersedes a writ of reentry. (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. 92.332 by Acts 1997, 75th Leg., ch. Sept. 1, 1993. 92.3515. DEFINITIONS. (2) actual expenses incurred by the landlord in securing the replacement, including a reasonable amount for the time of the landlord in securing the replacement tenant. 1448), Sec. September 1, 2021. However, a landlord may deactivate or remove the locking mechanism of a doorknob lock or remove any device not qualifying as a keyless bolting device if a keyed dead bolt has been installed on the same door. January 1, 2010. 576, Sec. January 1, 2010. It is also regulated by the Texas property code. CONDOMINIUMS. (l) This section does not affect the ability of a landlord to pursue other available remedies, including the remedies provided by Chapter 24. (C) refund the tenant's security deposit, less lawful deductions, to the person designated under Subdivision (1). Added by Acts 1989, 71st Leg., ch. DEFINITIONS. You also are entitled to the same compensation if your landlord violates the law. (e) The owner of a dwelling shall reimburse a management company, managing agent, or on-site manager for costs expended by that person in complying with this subchapter. 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. 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. (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. 13, eff. (a) A landlord's duty or a tenant's remedy concerning security deposits, security devices, the landlord's disclosure of ownership and management, or utility cutoffs, as provided by Subchapter C, D, E, or G, respectively, may not be waived. If the lease is in writing and is not in violation of Section 92.006, the tenant's proof of a knowing violation must be clear and convincing. A landlord's duty to install a smoke alarm under Subchapter F may not be waived, nor may a tenant waive a remedy for the landlord's noninstallation or waive the tenant's limited right of installation and removal. 11, eff. Amended by Acts 1989, 71st Leg., ch. NOTICE OF RULE OR POLICY CHANGE AFFECTING TENANT'S PERSONAL PROPERTY. (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. (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. (a) A tenant of a landlord who is liable under Section 92.202, 92.203, or 92.204 may obtain or exercise one or more of the following remedies: (1) a court order directing the landlord to make a disclosure required by this subchapter; (2) a judgment against the landlord for an amount equal to the tenant's actual costs in discovering the information required to be disclosed by this subchapter; (3) a judgment against the landlord for one month's rent plus $100; (4) a judgment against the landlord for court costs and attorney's fees; and. 1198 (S.B. AGENTS FOR DELIVERY OF NOTICE. (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. (b) If a rental applicant requests that any acceptance of the applicant or any refund of the applicant's application deposit be mailed to the applicant, the landlord must mail the refund check to the applicant at the address furnished by the applicant. The fee for service of a writ of restoration of utility service is the same as that for service of a writ of possession. September 1, 2007. (a) If a landlord has interrupted utility service in violation of Section 92.008, the tenant may obtain relief as provided by this section. 2, eff. 1, eff. Acts 2011, 82nd Leg., R.S., Ch. 869, Sec. Instead, under Section 101.002 of the Texas Estates Code, the . 92.026. 576, Sec. 92.006. LANDLORD AND TENANT. Sec. (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. (j) A landlord may not submit a claim for damages or unpaid rent to an insurer for insurance described by Subsection (e) unless the landlord notifies the tenant of the damages or unpaid rent indebtedness not later than the 30th day after the date the tenant surrendered possession of the dwelling. (4) the fee, unless otherwise specified, is not paying for insurance that covers the tenant or otherwise changes the tenant's obligation to pay rent and damages beyond normal wear and tear. Section 23.001 states: Sec. The landlord shall post the hours of operation or availability of the facility in a conspicuous place at the facility. 357, Sec. 48, Sec. SECURITY DEPOSIT. If a rental premises is, as a practical matter, totally unusable for residential purposes as a result of a natural disaster such as a hurricane, tornado, flood, extended freeze, or widespread windstorm, a landlord that allows a tenant to move to another rental unit owned by the landlord may not require the tenant to execute a lease for a term longer than the term remaining on the tenant's lease on the date the premises was rendered unusable as a result of the natural disaster. (6) "Required date" means the required date for any acceptance of the applicant under Section 92.352. (c) If a security device required by Section 92.153 to be installed on or after January 1, 1995, without necessity of a tenant's request has not been installed by the landlord, the tenant may request the landlord to immediately install it, and the landlord shall immediately install it at the landlord's expense. 942, Sec. 650, Sec. (f) A landlord who violates this section is liable to the tenant for actual damages, a civil penalty equal to the amount of one month's rent plus $500, and attorney's fees. (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. (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. Sec. (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. Acts 2015, 84th Leg., R.S., Ch. (3) leaving the notice inside the dwelling in a conspicuous place if notice in that manner is authorized in a written lease. Sec. 917 (H.B. 869, Sec. In addition: (1) if the dwelling unit is designed to use a single room for dining, living, and sleeping, the smoke alarm must be located inside the room; (2) if multiple bedrooms are served by the same corridor, at least one smoke alarm must be installed in the corridor in the immediate vicinity of the bedrooms; and. Sept. 1, 1993. 92.2611. 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