126, Sec. 2, eff. ACTIONS AND REMEDIES. 600 (H.B. Sept. 1, 1999. 576, Sec. Acts 2019, 86th Leg., R.S., Ch. Sec. Michael Goins / Lake Homes Realty. Sec. Sept. 1, 1995. Sec. Overview. POSSESSION OF FIREARMS OR FIREARM AMMUNITION ON LEASED PREMISES. (a) The duties of a landlord and the remedies of a tenant under this subchapter are in lieu of common law, other statutory law, and local ordinances regarding a residential landlord's duty to install, inspect, or repair a fire extinguisher or smoke alarm in a dwelling unit. 31.01(71), eff. 1, eff. Sept. 1, 1997. INSTALLATION PROCEDURE. 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. (c) Subsection (a) does not apply to a real estate mortgage lienholder who acquires title by foreclosure. (2) there is no controversy concerning the amount of rent owed. Jan. 1, 1984. The device must be: (A) a clear glass pane or one-way mirror; or. (b) The tenant must file with the justice court in the precinct in which the rental premises are located a sworn complaint specifying the facts of the alleged unlawful utility disconnection by the landlord or the landlord's agent. January 1, 2006. EVICTION SUITS. states: A joint owner or claimant of real property or an interest in real property or a joint owner of personal property may compel a partition of the interest or the property among the joint owners or claimants under this chapter and the Texas Rules of Civil Procedure. Importantly, this right is subordinate to the right of each co-tenant to possess the whole property. For purposes of this subsection, a pay stub or other statement of earnings issued by the tenant's employer is sufficient verification. Acts 2017, 85th Leg., R.S., Ch. 744, Sec. 92 of the Texas Property Code. 92.207. APPLICATION OF OTHER LAW; MUNICIPAL REGULATION. (c) Regardless of whether the lease contains language complying with the requirements of Subsection (b), the additional time for landlord compliance provided by Subsection (b) does not apply if at the time the tenant served the written request for compliance on the landlord the tenant informed the landlord that an unauthorized entry occurred or was attempted in the tenant's dwelling, an unauthorized entry occurred or was attempted in another unit in the multiunit complex in which the tenant's dwelling is located during the two months preceding the date of the request, or a crime of personal violence occurred in the multiunit complex in which the tenant's dwelling is located during the two months preceding the date of the request, unless despite the diligence of the landlord: Sec. 92.014. Jan. 1, 1984. The writ of reentry must notify the landlord of the right to a hearing. (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. Sept. 1, 1997. Sec. Acts 1983, 68th Leg., p. 3652, ch. (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. 92.015. Sec. For purposes of this subsection, there shall be a rebuttable presumption that the landlord acted without knowledge of the violation. Added by Acts 2009, 81st Leg., R.S., Ch. 4, eff. Jan. 1, 1984. January 1, 2014. 165, Sec. 11, eff. 16, Sec. Sept. 1, 1999. (f) If the landlord fails to request a hearing on the tenant's sworn complaint for reentry before the eighth day after the date of service of the writ of reentry on the landlord under Subsection (d), a judgment for court costs may be rendered against the landlord. Sec. Added by Acts 2019, 86th Leg., R.S., Ch. LANDLORD AND TENANT. 1, eff. Sept. 1, 1993. (c) The expense of rekeying security devices for purposes of the use or change of the landlord's master key must be paid by the landlord. 689, Sec. Understanding the law when it comes to Texas Property Code Locks. Jan. 1, 1984. (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. 1, eff. 92.0081 Warehouse Partners v. Gardner (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. 630), Sec. 1448), Sec. 165, Sec. (d) A fee in lieu of a security deposit must be: (1) a recurring fee of equivalent amount; and. A tenant may request that the landlord provide to the tenant a written statement of whether the tenant owes a late fee to the landlord and, if so, the amount of the late fee. 92.058. (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. 92.111. (b) If the tenant gives notice under Subsection (a)(2) and the tenant's lease is in writing, the lease may require the tenant to make the initial request for installation, inspection, or repair of a smoke alarm in writing. A reasonable time for purposes of this subsection is presumed to be not later than the seventh day after the date a tenant's advance payment is received by the landlord, except as provided by Subsection (c). (5) "Premises" means a tenant's rental unit, any area or facility the lease authorizes the tenant to use, and the appurtenances, grounds, and facilities held out for the use of tenants generally. Added by Acts 2011, 82nd Leg., R.S., Ch. (b) Except as provided by Section 92.255(b), a smoke alarm may be powered by battery, alternating current, or other power source as required by local ordinance. 2, eff. (d) Repairs under this section may be made only if all of the following requirements are met: (1) The landlord has a duty to repair or remedy the condition under Section 92.052, and the duty has not been waived in a written lease by the tenant under Subsection (e) or (f) of Section 92.006. 92.026. A managing or leasing agent, whether residing or maintaining an office on-site or off-site, is the agent of the landlord for purposes of notice and other communications required or permitted by this subchapter. 9, eff. (e) A landlord may comply with this section by providing to a tenant a complete copy of the lease: (2) in an electronic format if requested by the tenant; or. (k) If the tenant challenges the claim for damages or unpaid rent and that challenge results in a determination by the landlord or by a court that the notice of indebtedness is incorrect, the indebtedness is void and the landlord may not file an insurance claim for insurance purchased under Subsection (e) in the amount of the voided indebtedness. Each common area facility, if any, must be open or available to tenants. Amended by Acts 1995, 74th Leg., ch. Texas recognizes two types of co-tenancies: A tenancy in common: The deeded interest descends to the heirs and beneficiaries of the deceased cotenant. APPLICATION. 3, eff. 1367), Sec. (d) 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. TENANT'S RIGHT TO SUMMON POLICE OR EMERGENCY ASSISTANCE. Amended by Acts 1989, 71st Leg., ch. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 1, eff. April 1, 2002. Added by Acts 2005, 79th Leg., Ch. Renumbered from Sec. (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. EFFECT ON OTHER RIGHTS. 92.206. 1, eff. Sec. REJECTION OF APPLICANT. A joint tenancy with right of survivorship: Upon the death of one joint tenant, that tenant's share in the property passes to the surviving joint tenants, not the heirs of the deceased joint . (j) If a tenant in bad faith files a sworn complaint for restoration of utility service resulting in a writ being served on the landlord or landlord's agent, the landlord may in a separate cause of action recover from the tenant an amount equal to actual damages, one month's rent or $500, whichever is greater, reasonable attorney's fees, and costs of court, less any sums for which the landlord is liable to the tenant. 576, Sec. 07/26/2013. 6, eff. (C) the landlord, prior to the date of discarding the property, has not been contacted by anyone claiming the property. (h) If a writ of possession is issued, it supersedes a writ of restoration of utility service. (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. (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. 2(119), eff. 1275, Sec. (3) "Exterior door" means a door providing access from a dwelling interior to the exterior. LANDLORD'S DUTY TO REPAIR OR REPLACE SECURITY DEVICE. 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. (3) damage from windows or doors left open. 1, eff. The first page of this guide will provide . However, if the tenant's rent is subsidized in whole or in part by a governmental agency, the deduction limitation of one month's rent shall mean the fair market rent for the dwelling and not the rent that the tenant pays. Refreshed: 2021-06-07 (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. 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. 92.054. 1, eff. 1112, 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. (b) The tenant shall notify the landlord in writing of any change in the tenant's primary residence address. Sec. 177), Sec. The tenant shall have the burden of pleading and proving a knowing violation. (4) a living unit in an apartment, condominium, cooperative, or townhome project. (2) United States mail, addressed to the applicant and postmarked on or before the required date. (2) the person against whom the action is filed knew or should have known of the conviction or adjudication. Sec. 5, eff. Sec. 1414), Sec. 92.021. 1, eff. 3, eff. Sec. 576, Sec. SUBCHAPTER B. (a) Upon written request of a landlord, the landlord's tenant shall: (1) provide the landlord with the name, address, and telephone number of a person to contact in the event of the tenant's death; and. (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. Tenants in Texas can claim constructive eviction if their utilities have been shut off or their windows, doors, fixtures, or appliances have been removed. (k) If a tenant has established, in accordance with Subsection (j), the circumstances necessary to avoid electric service interruption under that subsection, the landlord may not interrupt or cause the interruption of the tenant's electric service under Subsection (h) before: (1) the 63rd day after the date those circumstances are established; or. Sec. (f) The landlord is not obligated to provide batteries for a battery-operated smoke alarm after a tenant takes possession if the smoke alarm was in good working order at the time the tenant took possession. The key distinction between a tenancy in common and a joint tenancy is that a joint tenancy contains a right of survivorship. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING CERTAIN SEX OFFENSES OR STALKING. (6) No provision of this section shall affect any right of a foreclosing superior lienholder to terminate, according to law, any interest in the premises held by the holders of subordinate liens, encumbrances, leases, or other interests and shall not affect any right of the tenant to terminate the lease according to law. September 1, 2011. 869, Sec. The default form of co-ownership in Texas is a tenancy in common. (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. Jan. 1, 1984. 92.101. Amended by Acts 1989, 71st Leg., ch. 3, eff. Sec. Sept. 1, 1997. Texas is one of nine states that is a community property jurisdiction. 1, eff. 1, eff. (h) A security device required by this section must be operable throughout the time a tenant is in possession of a dwelling. 17.01(44), eff. Sec. However, the landlord's duty to repair or remedy conditions covered by this subchapter may not be waived except as provided by Subsection (e) or (f) of Section 92.006. Sec. (c-1) If the family violence is committed by a cotenant or occupant of the dwelling, a tenant may exercise the right to terminate the lease under the procedures provided by Subsection (b-1)(1)(A), (C), or (D) or (b-1)(2) and Subsection (c), except that the tenant is not required to provide the notice described by Subsection (c)(3). September 1, 2019. Jan. 1, 1984. Sept. 1, 1993. 92.355. 221 (H.B. (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. 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. (b) The notice must be given in person or by mail to the affected tenant. Jan. 1, 1996. 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. 92.109. Sec. - statute gives landlord the right to terminate a lease executed or renewed after June 15, 1981 and tenant is convicted under the "indecency" provision of the Texas Penal Code and appeals have been exhausted. (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. Amended by Acts 1989, 71st Leg., ch. Except as provided by Section 92.164(a)(1) or 92.165(1) regarding the remedy of repair-and-deduct, a tenant may not remove, change, rekey, replace, or alter a security device or have it removed, changed, rekeyed, replaced, or altered without permission of the landlord. 2, eff. (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). (b) A landlord may not, within six months after the date of the tenant's action under Subsection (a), retaliate against the tenant by: (1) filing an eviction proceeding, except for the grounds stated by Section 92.332; (2) depriving the tenant of the use of the premises, except for reasons authorized by law; (4) increasing the tenant's rent or terminating the tenant's lease; or. REMOVAL OR ALTERATION OF SECURITY DEVICE BY TENANT. Renumbered from Property Code Sec. (f) If an applicant requests a landlord to mail a refund of the applicant's application fee to the applicant, the landlord shall mail the refund check to the applicant at the address furnished by the applicant. 4, eff. 9, eff. 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. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Sept. 1, 1987. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 19, eff. (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 . a) A landlord 's liability under this section is subject to Section 92.052(b) regarding conditions that are caused by a tenant and Section 92.054 regarding conditions that are insured casualties. 34, eff. (j) A tenant and a landlord may agree that the tenant waives a tenant's rights under this section if the tenant or any dependent living with the tenant moves into base housing or other housing within 30 miles of the dwelling. 3167), Sec. 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