For purposes of this subsection, there shall be a rebuttable presumption that the landlord acted without knowledge of the violation. 92.051. (D) The landlord has been notified in writing by the appropriate local housing, building, or health official or other official having jurisdiction that the condition materially affects the health or safety of an ordinary tenant. (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. Senate Bill 1588 modifies Section 209.016 of the Texas Property Code, which prior to 2021 imposed limits on the type of information of a prospective tenant that may be turned over by a property owner to a property owners association that administers a subdivision development. 92.333 by Acts 1997, 75th Leg., ch. 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. 869, Sec. Acts 1983, 68th Leg., p. 3648, ch. 1060 (H.B. 1099), Sec. (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. APPLICATION OF SUBCHAPTER. The tenant selection criteria may include factors such as criminal history, credit history, current income, and rental history. (B) to deploy with a military unit for a period of 90 days or more. (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. 5, eff. For example, two people may own 25 percent of a property, while another person owns 50 percent. (2) "Flooding" means a general or temporary condition of partial or complete inundation of a dwelling caused by: (A) the overflow of inland or tidal waters; (B) the unusual and rapid accumulation of runoff or surface waters from any established water source such as a river, stream, or drainage ditch; or. Acts 1983, 68th Leg., p. 3651, ch. (B) arises from the landlord's failure to provide and maintain in good operating condition a device to supply hot water of a minimum temperature of 120 degrees Fahrenheit. (f) A landlord who violates Subsection (b), (c), (d), or (e) is liable for a civil penalty in the amount of $100 plus any towing or storage costs that the tenant incurs as a result of the towing of the tenant's vehicle. 1, eff. (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. September 1, 2015. (2) 30 days if the landlord's failure to repair is caused by a general shortage of labor or materials for repair following a natural disaster such as a hurricane, tornado, flood, extended freeze, or widespread windstorm. REKEYING OR CHANGE OF SECURITY DEVICES. 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. 576, Sec. A joint tenants interest is therefore not freely devisable in a will. 48, Sec. 576, Sec. 1, eff. Prop. 92.106. Sec. Jan. 1, 1996. The tenant has no choice but to leave the premises before the end of the notice period. (b) A landlord who in bad faith does not provide a written description and itemized list of damages and charges in violation of this subchapter: (1) forfeits the right to withhold any portion of the security deposit or to bring suit against the tenant for damages to the premises; and. If on a ceiling, it must be no closer than six inches to a wall or otherwise located in accordance with the manufacturer's installation instructions. Amended by Acts 1989, 71st Leg., ch. 1, eff. Call Us For Immediate Service - 1 (817)-274-1800 Facebook Twitter Google+ Pinterest Better Business Bureau 332, 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. Renumbered from Sec. 1198 (S.B. 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. 1198 (S.B. (11) "Security device" means a doorknob lock, door viewer, keyed dead bolt, keyless bolting device, sliding door handle latch, sliding door pin lock, sliding door security bar, or window latch in a dwelling. The following are deeds that are used for transfer of real property in Texas: Texas Deed Transfer (g) A party may appeal from the court's judgment at the hearing on the sworn complaint for reentry in the same manner as a party may appeal a judgment in a forcible detainer suit. LANDLORD'S DUTY TO REPAIR OR REMEDY. 3, eff. 357, Sec. Sec. If the acknowledgment is not signed, there is a rebuttable presumption that the notice was not made available to the applicant. ALTERNATIVE COMPLIANCE. (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. (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. Amended by Acts 1997, 75th Leg., ch. 11, eff. 48, Sec. 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. (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. 588 (S.B. (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. 92.107. Two of the most common forms of concurrent estates in Texas are joint tenancies and tenancies in common. Sec. (2) a copy of an appropriate government document providing evidence of the tenant's entrance into military service if Subsection (b)(1) applies or a copy of the servicemember's military orders if Subsection (b)(2) applies. (C) enter or exit a vehicle on the leased premises or located in a parking area provided by the landlord for tenants or guests. 200, Sec. 92.355. 16, eff. 1, eff. As in most jurisdictions, a "tenancy in common" in Texas is a form of joint ownership that comes into existence when real property is transferred, whether by conveyance, inheritance or operation of law to two or more persons in their own right, unless acquired in partnership, in joint tenancy or by husband and wife as . 337 (H.B. (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. SUBCHAPTER F. SMOKE ALARMS AND FIRE EXTINGUISHERS. (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. 92.163. Jan. 1, 1996. (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. 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. 92.205. (a) A person other than a tenant who guarantees a lease is liable only for the original lease term except that a person may specify that the person agrees to guarantee a renewal of the lease as provided by Subsection (b). (r) Subject to this subsection, a reconnection fee may be applied if electric service to the tenant is disconnected for nonpayment of bills under Subsection (h). (b-1) A tenant may obtain relief under Subsection (b) if the tenant provides the landlord or the landlord's agent: (1) a copy of one or more of the following orders protecting the tenant or an occupant from family violence: (A) a temporary injunction issued under Subchapter F, Chapter 6, Family Code; (B) a temporary ex parte order issued under Chapter 83, Family Code; (C) a protective order issued under Chapter 85, Family Code; or, (D) an order of emergency protection under Article 17.292, Code of Criminal Procedure; or. Added by Acts 2013, 83rd Leg., R.S., Ch. 899 (H.B. (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. Sec. 869, Sec. (d) A landlord who fails either to return a security deposit or to provide a written description and itemization of deductions on or before the 30th day after the date the tenant surrenders possession is presumed to have acted in bad faith. (2) checking to ensure the fire extinguisher gauge or pressure indicator indicates the correct pressure as recommended by the manufacturer of the fire extinguisher. 1072 (H.B. The landlord shall keep accurate records of all security deposits. 918, Sec. (2) the fee is used to purchase insurance coverage for damages and unpaid rent for which the tenant is legally liable under the lease or as a result of breaching the lease. 475 (S.B. (h) If a writ of possession is issued, it supersedes a writ of restoration of utility service. (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. (a) The landlord is not liable for retaliation under this subchapter if the landlord proves that the action was not made for purposes of retaliation, nor is the landlord liable, unless the action violates a prior court order under Section 92.0563, for: (1) increasing rent under an escalation clause in a written lease for utilities, taxes, or insurance; or. The writ of reentry must notify the landlord of the right to a hearing. Sec. 918, Sec. 1, eff. 938, Sec. Jan. 1, 1984. Instead, joint owners of real property "may compel a partition of the interest or the property among the joint owners." TEX. 1, 3, eff. 1112 (H.B. 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. The copy of the rules or policies must be: (2) included in a lease agreement signed by the tenant; or. 92.007. 2, 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 . (b) A landlord who receives a cash rental payment shall: (1) provide the tenant with a written receipt; and. (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. Acts 1983, 68th Leg., p. 3649, ch. A tenancy in common occurs when two or more parties jointly hold an interest in property. (a) If a tenant files or prosecutes a suit for retaliatory action based on a complaint asserted under Section 92.331(a)(3), and the government building or housing inspector or utility company representative visits the premises and determines in writing that a violation of a building or housing code does not exist or that a utility problem does not exist, there is a rebuttable presumption that the tenant acted in bad faith. Following delivery of the affidavit, the landlord must continue diligent efforts to repair or remedy the condition. (2) "Door viewer" means a permanently installed device in an exterior door that allows a person inside the dwelling to view a person outside the door. Jan. 1, 1984. 126, Sec. 869, Sec. DUTY TO REPAIR OR REPLACE. Texas Property Code chapters 92.0081 through 92.009 describe when a landlord may change the locks on a rental unit, and the tenant's remedies if the law is not followed. (f) Affidavits for delay by a landlord under this section must be submitted in good faith. (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. (3) "Exterior door" means a door providing access from a dwelling interior to the exterior. Amended by Acts 1995, 74th Leg., ch. January 1, 2016. This chapter applies only to the relationship between landlords and tenants of residential rental property. UNIFORM CONDOMINIUM ACT. 952, Sec. 92.053. A landlord shall provide to the tenant in a multiunit complex, as that term is defined by Section 92.151, a copy of any applicable vehicle towing or parking rules or policies of the landlord and any changes to those rules or policies as provided by Section 92.0131. 9, eff. 7.002(o), eff. (4) a smoke alarm powered by alternating current was required by lawful city ordinance at the time of initial construction of the unit. (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. Tenants In Common. REMOVAL OR ALTERATION OF SECURITY DEVICE BY TENANT. 92.006. (a) If the owner's interest in the premises is terminated by sale, assignment, death, appointment of a receiver, bankruptcy, or otherwise, the new owner is liable for the return of security deposits according to this subchapter from the date title to the premises is acquired. (5) a keyless bolting device and a door viewer on each exterior door of the dwelling. (a) Except as provided by Subsections (b) and (c), a landlord must comply with a tenant's request for rekeying, changing, installing, repairing, or replacing a security device under Section 92.156, 92.157, or 92.158 within a reasonable time. Committed to Public Service. 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. 576, Sec. Amended by Acts 1993, 73rd Leg., ch. (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 after the tenant complies with Subsection (c) or (c-1). 357, Sec. CESSATION OF OWNER'S INTEREST. Amended by Acts 1993, 73rd Leg., ch. 1, eff. September 1, 2019. January 1, 2006. 1, eff. January 1, 2010. (ii) the interior of the unit provides access for building wiring through an attic, crawl space, or basement without the removal of interior walls or ceiling finishes; (2) an addition occurs to the unit at a projected cost of more than $5,000; (3) a smoke alarm powered by alternating current was actually installed in the unit at any time prior to September 1, 1987; or. Sept. 1, 1997. The tenant must have let their landlord know about the problem by giving notice to the person or place where they normally pay their rent; and. In Texas, a husband and wife may take title to property as husband and wife, as community property, since Texas is a community property state. 257 (H.B. (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. Sec. 92.019. Austin law firm provides the personal attention that only a small firm can provide - Call Us Now - (512) 355-0155, 1601 Pfennig Lane 576, Sec. 3, eff. 1, eff. 92.111. 5, eff. 9, eff. (c) The justice, county, and district courts have concurrent jurisdiction in an action under Subsection (a). Tenant . January 1, 2006. (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. - landlord must give written notice within 6 months after the right to terminate arises. LANDLORD'S AGENT FOR SERVICE OF PROCESS. 1, eff. If a tenant in common is not in possession of the real estate, that co-tenant is entitled to receive the reasonable rental value of the property from the . (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. The screw hooks must be at least three inches in length and must be screwed into the door frame stud or wall stud on each side of the door. Statutes Title 8, Landlord and Tenant; Chapter 92, Residential Tenancies. 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. 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. (b) If the tenant or the tenant's invited guest removes, misuses, damages, or otherwise disables a fire extinguisher: (1) the landlord is not required to repair or replace the fire extinguisher at the landlord's expense; and. Amended by Acts 1995, 74th Leg., ch. 2, eff. 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