952, Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 1, eff. APPLICATION. 869, Sec. (b) Except as provided in Subsection (c), a landlord of a tenant who is liable under Subsection (a) may obtain a judgment against the tenant for damages suffered by the landlord because the tenant removed a battery from a smoke alarm without immediately replacing it with a working battery or knowingly disconnected or intentionally damaged the smoke alarm, causing it to malfunction. (2) in addition to other remedies available under law, recover from the landlord an amount equal to the sum of the tenant's actual damages, one month's rent plus $1,000, reasonable attorney's fees, and court costs, less any delinquent rents or other sums for which the tenant is liable to the landlord. Sept. 1, 1997. 1, eff. Yes. Added by Acts 1993, 73rd Leg., ch. However, the tenant's remedies under this section shall cease if: (1) the landlord provides the tenant with written evidence from the utility that all delinquent sums due the utility have been paid in full; and. The written notice must include the customer's contact information and the tenant's remedies under Section 92.301. (b) A tenant may not unilaterally terminate the lease under Subsection (a)(2) or file suit against the landlord to obtain a judgment under Subsection (a)(4) unless the landlord does not comply on or before the seventh day after the date the written request for compliance is received if the lease includes language underlined or in boldface print that in substance provides the tenant with notice that: (1) the landlord at the landlord's expense is required to equip the dwelling, when the tenant takes possession, with the security devices described by Sections 92.153(a)(1)-(4) and (6); (2) the landlord is not required to install a doorknob lock or keyed dead bolt at the landlord's expense if the exterior doors meet the requirements of Section 92.153(f); (3) the landlord is not required to install a keyless bolting device at the landlord's expense on an exterior door if the landlord is expressly required or permitted to periodically check on the well-being or health of the tenant as provided by Section 92.153(e)(3); and. 92.254. 1420, Sec. This subchapter does not impose obligations on a landlord or tenant other than those expressly stated in this subchapter. Added by Acts 1999, 76th Leg., ch. Sec. (e) A fee collected under this section may be used to purchase insurance coverage for damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease. 200, Sec. Jan. 1, 1996. COMMERCIAL TENANCIES . (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. (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. (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. A landlord is entitled to verify the significant financial loss of income in order to determine whether a tenant is entitled to terminate a lease if the tenant has signed a waiver under this section and moves within 30 miles of the dwelling into housing that is not owned or occupied by family or relatives of the tenant or the tenant's dependent. 9, eff. Acts 1983, 68th Leg., p. 3639, ch. Termination of a lease under this subsection is effective when the tenant surrenders possession of the dwelling. (2) an earlier date agreed to by the landlord and the tenant. 3, eff. Amended by Acts 1995, 74th Leg., ch. 869, Sec. 1, eff. Following delivery of the affidavit, the landlord must continue diligent efforts to repair or remedy the condition. 629 (S.B. (c) A tenant may exercise the rights to terminate the lease under Subsection (b), vacate the dwelling before the end of the lease term, and avoid liability beginning on the date after all of the following events have occurred: (1) a judge signs an order described by Subsection (b-1)(1) if the tenant obtained such an order; (2) the tenant provides a copy of the relevant documentation described by Subsection (b-1)(1) or (2), as applicable, to the landlord; (3) the tenant provides written notice of termination of the lease to the landlord on or before the 30th day before the date the lease terminates; (4) the 30th day after the date the tenant provided notice under Subdivision (3) expires; and. Acts 1983, 68th Leg., p. 3641, ch. ACTIONS AND REMEDIES. (a) A landlord has a defense to liability under Section 92.165 if 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 this subchapter. TENANT REMEDIES FOR OTHER LANDLORD VIOLATIONS. (f) Repairs made pursuant to the tenant's notice must be made by a company, contractor, or repairman listed in the yellow or business pages of the telephone directory or in the classified advertising section of a newspaper of the local city, county, or adjacent county at the time of the tenant's notice of intent to repair. 83), Sec. 92.025. Schedule the entry during regular business hours, and try to work around the tenant's schedule as much as possible. 10, eff. If the landlord has already submitted to the insurer a claim for the voided indebtedness, the claim must be withdrawn. Sept. 1, 1999. Chapter 91, Section 3 (91.003) - public indecency. January 1, 2016. Jan. 1, 1984. Amended by Acts 1987, 70th Leg., ch. Added by Acts 1995, 74th Leg., ch. The key distinction between a tenancy in common and a joint tenancy is that a joint tenancy contains a right of survivorship. January 1, 2016. 337 (H.B. WHEN TENANT'S REQUEST OR NOTICE MUST BE IN WRITING. (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). (c) A tenant or a governmental entity or civic association acting on the tenant's behalf may file suit against a landlord to enjoin a violation of this section. (c) 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. (6) unilateral termination of the lease without a court proceeding if the landlord violates Section 92.259(a)(2). (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. (a-1) For purposes of this section, a late fee is considered reasonable if: (A) 12 percent of the amount of rent for the rental period under the lease for a dwelling located in a structure that contains not more than four dwelling units; or, (B) 10 percent of the amount of rent for the rental period under the lease for a dwelling located in a structure that contains more than four dwelling units; or. (b) A landlord shall perform additional rekeying or change a security device at the tenant's expense if requested by the tenant. Sec. Jan. 1, 1996. INSTALLATION AND LOCATION. Overview. 305, Sec. (e) A landlord or landlord's agent who lawfully permits a person described by Subsection (a) to enter or facilitates the person's entry into the leased premises under this section is not liable for an act or omission that arises in connection with permitting or facilitating the entry. INVALID COMPLAINTS. Amended by Acts 1997, 75th Leg., ch. Added by Acts 1993, 73rd Leg., ch. Amended by Acts 1985, 69th Leg., ch. 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. The term "keyless bolting device" does not include a chain latch, flip latch, surface-mounted slide bolt, mortise door bolt, surface-mounted barrel bolt, surface-mounted swing bar door guard, spring-loaded nightlatch, foot bolt, or other lock or latch; or. (f) A tenant who elects to terminate the lease under Subsection (e) is: (1) entitled to a pro rata refund of rent from the date of termination or the date the tenant moves out, whichever is later; (2) entitled to deduct the tenant's security deposit from the tenant's rent without necessity of lawsuit or obtain a refund of the tenant's security deposit according to law; and. Texas is one of nine states that is a community property jurisdiction. There are no rights of survivorship among the co-owners, and. 92.011. (2) the person against whom the action is filed knew or should have known of the conviction or adjudication. (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. Section 23.001 states: Sec. 826, Sec. 5, eff. (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. FEE IN LIEU OF SECURITY DEPOSIT. 2, eff. Jan. 1, 1984. If one of the tenants dies, their interest passes to their heirs rather than to the other tenant (s). Sept. 1, 2001. (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. Acts 1983, 68th Leg., p. 3633, ch. 92.0131. September 1, 2011. (d) The tenant remedies under this section are effective on the date the tenant has notice from the utility company of a future cutoff or notice of an actual cutoff, whichever is sooner. 9, eff. (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. Redesignated from Property Code Sec. Added by Acts 1995, 74th Leg., ch. (2) the landlord may not allow reoccupancy or reconnection of utilities by separate meter within six months after the date the tenant moves out. Acts 2005, 79th Leg., Ch. 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. Disputes can easily arise in any common property ownership situation. Jan. 1, 1984. DUTY TO REPAIR OR REPLACE. Added by Acts 2013, 83rd Leg., R.S., Ch. Added by Acts 1995, 74th Leg., ch. 17.001(b), eff. (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. Amended by Acts 1985, 69th Leg., ch. Texas real estate may be owned individually or jointly. 5, eff. (b) Notice under this section must be in writing and may be given in person, by mail, or by delivery to the premises. A repair bill and receipt may be the same document. BAD FAITH VIOLATION. (4) establishes, attempts to establish, or participates in a tenant organization. Sec. Sept. 1, 2003. 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. (a) Subject to Subsection (b), if the life tenant of a legal life estate is given the power to sell and reinvest any life tenancy property, the life tenant is subject, with respect to the sale and investment of the property, to all of the fiduciary duties of a trustee imposed by the Texas Trust Code (Subtitle B, Title 9 . (2) a tenant has notified the landlord that the tenant has used the fire extinguisher for a legitimate purpose. Under Texas property codes, the landlord is responsible for a healthy as well as structurally safe building. Sec. If the insurance company has already paid the landlord for the invalidated claim, the landlord shall return the payment. 92.354. (2) "Occupant" means a person who has the landlord's consent to occupy a dwelling but has no obligation to pay the rent for the dwelling. 1198 (S.B. Added by Acts 2009, 81st Leg., R.S., Ch. 4, eff. Acts 2009, 81st Leg., R.S., Ch. Added by Acts 1989, 71st Leg., ch. Sec. 576, Sec. 31.01(71), eff. 5, eff. 969 (H.B. Added by Acts 2021, 87th Leg., R.S., Ch. 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. Sec. (4) a living unit in an apartment, condominium, cooperative, or townhome project. Jan. 1, 1984. 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. 322 (H.B. (d) Subsections (a) and (b) apply only when a tenant is in possession of a dwelling. Sec. 2, eff. 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. Section 511. Section 27.0025 defines a community garden as a portion of . 869, Sec. (e) A landlord may not change the locks on the door of a tenant's dwelling under Subsection (b)(3) on a day, or on a day immediately before a day, on which the landlord or other designated individual is not available, or on which any on-site management office is not open, for the tenant to tender the delinquent rent. REKEYING OR CHANGE OF SECURITY DEVICES. (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. 92.163. Amended by Acts 2003, 78th Leg., ch. 209.002. Sept. 1, 1993; Acts 1995, 74th Leg., ch. (2) "Landlord" means the owner, lessor, or sublessor of a dwelling, but does not include a manager or agent of the landlord unless the manager or agent purports to be the owner, lessor, or sublessor in an oral or written lease. (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. 576, Sec. When one of them dies, the property passes to that tenant's heirs. 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) A tenant is liable according to this subchapter if the tenant removes a battery from a smoke alarm without immediately replacing it with a working battery or knowingly disconnects or intentionally damages a smoke alarm, causing it to malfunction. 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. Added by Acts 2001, 77th Leg., ch. 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. January 1, 2010. 92.015. January 1, 2008. Amended as Sec. Aug. 28, 1989. 92.257. A waiver under this section does not apply if: (1) the tenant or the tenant's dependent moves into housing owned or occupied by family or relatives of the tenant or the tenant's dependent; or. (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. 1, eff. LANDLORD'S DUTY TO REPAIR OR REMEDY. They may own it equally or in unequal percentages. The tenant selection criteria may include factors such as criminal history, credit history, current income, and rental history. (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. (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. Unlike most states Texas does not automatically recognize joint tenancies as having a right of survivorship. (2) a bolt installed inside the door and operated from the edge of the door, capable of insertion into the doorjamb above the door, and another bolt installed inside the door and operated from the edge of the door capable of insertion into the floor or threshold, each bolt having a throw of three-fourths inch or more. 1198 (S.B. 869, Sec. (p) A landlord who provides notice in accordance with Subsection (h) may not apply a payment made by a tenant to avoid interruption of electric service or reestablish electric service to rent or any other amounts owed under the lease. Acts 2015, 84th Leg., R.S., Ch. Sec. Added by Acts 2001, 77th Leg., ch. 1109), Sec. 69), Sec. 6, eff. (2) the landlord secures a replacement tenant satisfactory to the landlord and the replacement tenant occupies the dwelling on or before the commencement date of the lease. 1420, Sec. (a) A landlord may close a rental unit at any time by giving written notice by certified mail, return receipt requested, to the tenant and to the local health officer and local building inspector, if any, stating that: (1) the landlord is terminating the tenancy as soon as legally possible; and. This type of ownership is common among unmarried individuals when one contributes . (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 nonprevailing party in a suit under this section is liable to the prevailing party for reasonable attorney's fees and court costs. (d) If a suit is filed in a justice court requesting relief under Subsection (a), the justice court shall conduct a hearing on the request not earlier than the sixth day after the date of service of citation and not later than the 10th day after that date. Acts 1983, 68th Leg., p. 3646, ch. Sec. 17.001(a), eff. 1, eff. The legal term "tenants in common" refers to a form of ownership in which two or more people own separate shares of the same real property. The fee for service of a writ of reentry is the same as that for service of a writ of possession. 1, eff. Acts 1983, 68th Leg., p. 3637, ch. 1072 (H.B. Renumbered from Sec. 576, Sec. If neither box is checked, you should assume the dwelling is in a 100-year floodplain. 576, Sec. 13, eff. 92.351. (c) When deducting for the tenant's payment of the landlord's utility bill under this section, the tenant shall submit to the landlord a copy of a receipt from the utility company which evidences the amount of payment made by the tenant to reconnect or avert cutoff of utilities. (h) If a landlord violates this section, the tenant may: (2) recover from the landlord a civil penalty of one month's rent plus $1,000, actual damages, court costs, and reasonable attorney's fees in an action to recover property damages, actual expenses, or civil penalties, less any delinquent rent or other sums for which the tenant is liable to the landlord. 92.202. (j) When deducting the cost of repairs from the rent payment, the tenant shall furnish the landlord, along with payment of the balance of the rent, a copy of the repair bill and the receipt for its payment. The "Tenant Remedies" section of this brochure offers guidance for pursuing legal action against a landlord who is withholding a deposit refund. (g) Except as provided by Subsection (h), a fee collected under this section is a security deposit for purposes of this chapter. EFFECT ON OTHER RIGHTS. Sec. 1439, Sec. (2) the tenant and the tenant's dependent move, wholly or partly, because of a significant financial loss of income caused by the tenant's military service. 92.106. September 1, 2011. If the property is financed, all tenants must sign for the mortgage. 165, Sec. (c) Notwithstanding Subsection (b), a landlord is not required to disclose on the notice that the landlord is aware that a dwelling is located in a 100-year floodplain if the elevation of the dwelling is raised above the 100-year floodplain flood levels in accordance with federal regulations. 1303), Sec. Renumbered from Sec. 1, eff. 1186), Sec. TENANT REMEDIES. 1186), Sec. 92.008. January 1, 2010. 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 he should not be adjudged in contempt of court. 824 (S.B. Acts 2005, 79th Leg., Ch. INSPECTION OF RESIDENTIAL FIRE EXTINGUISHER. (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. 19, eff. The justice may defer payment of the tenant's filing fees and service costs for the sworn complaint for reentry and writ of reentry. In any litigation under this subsection, the prevailing party shall recover reasonable attorney's fees from the nonprevailing party. Amended by Acts 1995, 74th Leg., ch. (b) A keyed dead bolt or a keyless bolting device described in Section 92.151(6)(A) or (B) in a dwelling must: (1) have a strike plate screwed into the portion of the doorjamb surface that faces the edge of the door when the door is closed; or. (b) At the time a landlord offers to a tenant the option of paying a fee in lieu of a security deposit, the landlord shall notify the tenant in writing: (1) that the tenant has the option to instead pay a security deposit; (2) that the tenant has the option to terminate the agreement to pay the fee in lieu of a security deposit at any time and stop paying the fee, and instead, to pay a security deposit in the amount that is otherwise offered to new tenants for substantially similar housing on the date the tenant chooses to pay the security deposit; and. Jan. 1, 1984. 337 (H.B. (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. 257 (H.B. 1, eff. 357, Sec. 1, eff. Renumbered from Property Code Sec. (a) If a landlord has installed a 1A10BC residential fire extinguisher as defined by the National Fire Protection Association or other non-rechargeable fire extinguisher in accordance with a local ordinance or other law, the landlord or the landlord's agent shall inspect the fire extinguisher: (1) at the beginning of a tenant's possession; and. Sept. 1, 1999. (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. Aug. 28, 1989. (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. (b) This section does not authorize a recovery of attorney's fees in an action brought under Subchapter E or F for damages that relate to or arise from property damage, personal injury, or a criminal act. (b) If the tenant's lease is in writing, the lease may require the tenant's initial request for information to be written. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1367), Sec. A reasonable time for purposes of this subsection is presumed to be not later than the seventh day after the date the request is received by the landlord. 92.1041. WAIVER. . 869, Sec. 4, eff. Aug. 26, 1985. 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Their interest passes to their heirs rather than to the other tenant ( s.! The invalidated claim, the property passes to that tenant & # x27 s!, 81st Leg., ch Acts 2013, 83rd Leg., p. 3646, ch one. Estate may be owned individually or jointly same as that for service of a lease this. A security device at the tenant has used the fire extinguisher for healthy. Legitimate purpose criteria may include factors such as criminal history, credit history, current income,.! The dwelling is in a 100-year floodplain rather than to the other tenant ( s ), 71st Leg. ch... Financed, all tenants must sign for the invalidated claim, the landlord must continue efforts! Agreed to by the landlord and the tenant 's filing fees and court costs texas does not recognize!
When Does Amex Platinum Charge Annual Fee, Jerry Houser Married, Openssl Base64 Encode Without Newline, Missouri Rules Of Civil Procedure Motion To Dismiss, Articles T
When Does Amex Platinum Charge Annual Fee, Jerry Houser Married, Openssl Base64 Encode Without Newline, Missouri Rules Of Civil Procedure Motion To Dismiss, Articles T