(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. (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. (e) Repealed by Acts 2017, 85th Leg., R.S., Ch.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. Redesignated from Property Code Sec. 322 (H.B. 92.352. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 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). (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. (2) a copy of documentation of the family violence against the tenant or an occupant from: (A) a licensed health care services provider who examined the victim; (B) a licensed mental health services provider who examined or evaluated the victim; or. (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. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. PROP. 2, eff. 92.020. (b) An eviction or lease termination based on the following circumstances, which are valid grounds for eviction or lease termination in any event, does not constitute retaliation: (1) the tenant is delinquent in rent when the landlord gives notice to vacate or files an eviction action; (2) the tenant, a member of the tenant's family, or a guest or invitee of the tenant intentionally damages property on the premises or by word or conduct threatens the personal safety of the landlord, the landlord's employees, or another tenant; (3) the tenant has materially breached the lease, other than by holding over, by an action such as violating written lease provisions prohibiting serious misconduct or criminal acts, except as provided by this section; (4) the tenant holds over after giving notice of termination or intent to vacate; (5) the tenant holds over after the landlord gives notice of termination at the end of the rental term and the tenant does not take action under Section 92.331 until after the landlord gives notice of termination; or. 576, Sec. 221 (H.B. (c) In an action brought by a tenant under this subchapter, the landlord has the burden of proving that the retention of any portion of the security deposit was reasonable. 689, Sec. When people own a property as joint tenants with the right of survivorship, the share of the property belonging to the decedent passes to the other owners not the heirs of the decedent. FEE IN LIEU OF SECURITY DEPOSIT. 17.001(b), eff. 92.263. (2) failing to correct information given under Section 92.201(b)(1) or (2) or Section 92.201(d) that the landlord knows is incorrect. A sheriff or constable may use reasonable force in executing a writ of reentry under this section. A fee may not be applied to a deferred payment plan entered into under this section. 1, eff. (a) A landlord or a landlord's agent may not interrupt or cause the interruption of utility service paid for directly to the utility company by a tenant unless the interruption results from bona fide repairs, construction, or an emergency. LANDLORD'S DEFENSES. (b) If after a casualty loss the rental premises are as a practical matter totally 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, either the landlord or the tenant may terminate the lease by giving written notice to the other any time before repairs are completed. PARTITION. (d) A landlord of a tenant who is liable under Subsection (a) may obtain or exercise one or more of the remedies in Subsection (e) if: (1) a lease between the landlord and tenant contains a notice, in underlined or boldfaced print, which states in substance that the tenant must not disconnect or intentionally damage a smoke alarm or remove the battery without immediately replacing it with a working battery and that the tenant may be subject to damages, civil penalties, and attorney's fees under Section 92.2611 of the Property Code for not complying with the notice; and. Sec. A tenant's request or notice under this subchapter may be given orally unless the tenant has a written lease that requires the request or notice to be in writing and that requirement is underlined or in boldfaced print in the lease. 92.165. (b) A tenant who violates this section is presumed to have acted in bad faith. 3, eff. (b-1) The person who no longer owns an interest in the rental premises is liable for a security deposit received while the person was the owner until the new owner has received the deposit or has assumed the liability for the deposit, unless otherwise specified by the parties in a written contract. Aug. 28, 1989. Instead, under Section 101.002 of the Texas Estates Code, the . REMOVAL OR ALTERATION OF SECURITY DEVICE BY TENANT. LANDLORD'S DEFENSE. 5, eff. If the insurance company has already paid the landlord for the invalidated claim, the landlord shall return the payment. PERSONAL PROPERTY AND SECURITY DEPOSIT OF DECEASED TENANT. (C) located on the same lot or tract or adjacent lots or tracts of land. 92.258. (3) the representative signs an inventory of the removed property, if required by the landlord or the landlord's agent. 1414), Sec. Acts 1983, 68th Leg., p. 3635, ch. 1862), Sec. 744, Sec. (5) court costs and attorney's fees, excluding any attorney's fees for a cause of action for damages relating to a personal injury. 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-In-Common, or TIC, is a legal ownership structure wherein multiple 1031 exchange investors co-own individual undivided interests in real property assets. If the writ is disobeyed, the tenant or the tenant's attorney may file in the court in which the reentry action is pending an affidavit stating the name of the person who has disobeyed the writ and describing the acts or omissions constituting the disobedience. NOTICE OF TENANT'S DEDUCTION OF REPAIR COSTS FROM RENT. If, after a landlord has notified a tenant in writing of (1) the illegality of the tenant's rent withholding or the tenant's proposed repair and (2) the penalties of this subchapter, the tenant withholds rent, causes repairs to be performed, or makes rent deductions for repairs in bad faith violation of this subchapter, the landlord may recover from the tenant a civil penalty of one month's rent plus $500. (m) If an insurer seeks reimbursement under Subsection (l)(2), the insurer must include in the reimbursement demand: (1) evidence of damages or unpaid rent that the landlord submitted to the insurer; (2) evidence of damage repair costs that the landlord submitted to the insurer; and. 576, Sec. (g) If the landlord is liable to the tenant under Section 92.056 and if a new landlord, in good faith and without knowledge of the tenant's notice of intent to repair, has acquired title to the tenant's dwelling by foreclosure, deed in lieu of foreclosure, or general warranty deed in a bona fide purchase, then the following shall apply: (1) The tenant's right to terminate the lease under this subchapter shall not be affected, and the tenant shall have no duty to give additional notice to the new landlord. 1772), Sec. 918, Sec. (b) If the landlord secures the replacement tenant, the landlord may retain and deduct from the security deposit or rent prepayment either: (1) a sum agreed to in the lease as a lease cancellation fee; or. (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. Sec. (a) 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: (1) notice and other communications required or permitted by this subchapter; (2) notice and other communications from a governmental body relating to a violation of health, sanitation, safety, or nuisance laws on the landlord's property where the dwelling is located, including notices of: (D) reimbursement of costs incurred by the governmental body in curing the violation; (b) If the landlord's name and business street address in this state have not been furnished in writing to the tenant or government official or employee, the person who collects the rent from a tenant is the landlord's authorized agent for purposes of Subsection (a). The primary characteristics of a tenancy in common are: Each tenant in common holds a separate and undivided interest in the property. 3, eff. Sec. Sec. Sept. 1, 1993. WAIVER. 92.301. 3, eff. Amended by Acts 1995, 74th Leg., ch. Renumbered from Sec. Acts 1983, 68th Leg., p. 3632, ch. (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. Sec. 1439, Sec. 2, 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 . (3) after the tenant gives a repair notice to the landlord and after the landlord has had a reasonable time to make repairs, the tenant is entitled only to the remedies under Subsection (d) of this section and Subdivisions (3), (4), and (5) of Subsection (a) of Section 92.0563. (a) In this section, "occupant" has the meaning assigned by Section 92.016. (e) Repealed by Acts 2017, 85th Leg., R.S., Ch. June 18, 2005. 13, eff. 1367), Sec. If the tenant in common died without a will, their share of the property . 4, eff. 92.051. A TIC typically has no right of survivorship. Sec. 2022 Texas Statutes Property Code Title 8 - Landlord and Tenant Chapter 92 . (e) If the landlord rejects an applicant and the landlord has not made the notice required by Subsection (a) available, the landlord shall return the application fee and any application deposit. (C) taping the notice to the inside of the main entry door of the tenant's dwelling. 1, eff. (e) If the requirements of Subsection (d) of this section are met, a tenant may: (1) have the condition repaired or remedied immediately following the tenant's notice of intent to repair if the condition involves sewage or flooding as referred to in Paragraph (A) of Subdivision (3) of Subsection (d) of this section; (2) have the condition repaired or remedied if the condition involves a cessation of potable water as referred to in Paragraph (A) of Subdivision (3) of Subsection (d) of this section and if the landlord has failed to repair or remedy the condition within three days following the tenant's delivery of notice of intent to repair; (3) have the condition repaired or remedied if the condition involves inadequate heat or cooled air as referred to in Paragraph (C) of Subdivision (3) of Subsection (d) of this section and if the landlord has failed to repair the condition within three days after delivery of the tenant's notice of intent to repair; or. (a) This subchapter does not apply to: (1) a dwelling unit that is occupied by its owner, no part of which is leased to a tenant; (2) a dwelling unit in a building five or more stories in height in which smoke alarms are required or regulated by local ordinance; or. (e) The landlord is entitled to a hearing on the tenant's sworn complaint for reentry. 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. 938, Sec. 92.103. (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. 744, Sec. The right to a partition is absolute so long as the . Sec. So, while Texas law does not specify the time period that landlords must give tenants to enter for non-emergency reasons, 24 hours is a good place to start . Acts 1983, 68th Leg., p. 3649, ch. 5, eff. 1, eff. 1367), Sec. This means they each person owns an undivided one-half interest in the property, but there is no automatic right of survivorship. (g) If a landlord arrives at the dwelling in a timely manner in response to a tenant's telephone call to the number contained in the notice as described by Subsection (c)(1) and the tenant is not present to receive the key to the changed lock, the landlord shall leave a notice on the front door of the dwelling stating the time the landlord arrived with the key and the street address to which the tenant may go to obtain the key during the landlord's normal office hours. (3) "Exterior door" means a door providing access from a dwelling interior to the exterior. 1, eff. 2, eff. (4) a judgment against the tenant for reasonable attorney's fees. 92.1041. The notice must include the following text in both English and Spanish: "Notice to residents of (name and address of nonsubmetered master metered multifamily property): Electric (or gas) service to this property is scheduled for disconnection on (date) because (reason for disconnection).". Property and real estate laws also include zoning regulations, which determine which kinds of structures may be built in a given location. Otherwise, this subchapter does not affect any other right of a landlord or tenant under contract, statutory law, or common law that is consistent with the purposes of this subchapter or any right a landlord or tenant may have to bring an action for personal injury or property damage under the law of this state. The landlord is not required to give the tenant a description and itemized list of deductions if: (1) the tenant owes rent when he surrenders possession of the premises; and. These are as follows: . 917 (H.B. (b) If the landlord does not provide a written explanation for delay in performing a duty to repair or remedy on or before the fifth day after receiving from the tenant a written demand for an explanation, the landlord has the burden of proving that he made a diligent effort to repair and that a reasonable time for repair did not elapse. 576, Sec. January 1, 2010. 21.001(97), eff. January 1, 2014. SUBCHAPTER A. 869, Sec. LeaseRunner's Texas lease uses the 24 hour . 917 (H.B. 1, eff. (B) the National Weather Service issues a heat advisory for a county in which the premises is located or has issued such an advisory on one of the two preceding days. Amended by Acts 1989, 71st Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. 969 (H.B. (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. (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. Refreshed: 2021-06-07. 921 (H.B. (i) the date the electric service has been interrupted; (ii) a location where the tenant may go during the landlord's normal business hours to make arrangements to pay the bill to reestablish interrupted electric service; (iii) the amount that must be paid to reestablish electric service; (iv) a statement providing that when the tenant makes a payment to reestablish electric service, a landlord may not apply that payment to rent or other amounts owed under the lease; (vi) a description of the tenant's rights under Subsection (j) to avoid interruption of electric service if the interruption will cause a person residing in the tenant's dwelling to become seriously ill or more seriously ill. (i) Unless a dangerous condition exists or the tenant requests disconnection, a landlord may not interrupt or cause the interruption of electric service under Subsection (h) on a day: (1) on which the landlord or a representative of the landlord is not available to collect electric bill payments and reestablish electric service; (2) that immediately precedes a day described by Subdivision (1); or, (A) the previous day's highest temperature did not exceed 32 degrees Fahrenheit and the temperature is predicted to remain at or below that level for the next 24 hours according to the nearest National Weather Service reports; or. Added by Acts 1993, 73rd Leg., ch. 6, eff. (e) The affidavit must be delivered to the tenant by any of the following methods: (2) certified mail, return receipt requested, to the tenant; or. One of the most common . (3) included in an attachment to the lease agreement that is signed by the tenant, but only if the attachment is expressly referred to in the lease agreement. 337 (H.B. Jan. 1, 1984. 357, Sec. 39 (H.B. (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. 918, Sec. Under Texas property codes, the landlord is responsible for a healthy as well as structurally safe building. 92.015. Tenancy in common can be dissolved . 9, eff. 7, eff. 1, eff. The Texas Property Code bars landlords from retaliating against tenants within six months of the tenant establishing, attempting to establish, or participating in a tenant organization. In Ohio, tenants in common each have a distinct title and right to enter upon the whole of the real estate and take possession even if the ownership share is less than other tenants in common. 3, eff. Jan. 1, 1996. 1, eff. (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. (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. (2) the landlord is required to repair or replace the fire extinguisher within a reasonable time if the tenant pays in advance the reasonable repair or replacement cost, including labor, materials, taxes, and overhead. Tex. January 1, 2010. (A) a door lock not in the doorknob that: (i) locks with a bolt into the doorjamb; and, (ii) is operated from the exterior by a key, card, or combination and from the interior by a knob or lever without a key, card, or combination; or. 92.0191. 48, Sec. Amended by Acts 1995, 74th Leg., ch. Acts 1983, 68th Leg., p. 3647, ch. Jan. 1, 1984. Added by Acts 2007, 80th Leg., R.S., Ch. 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. Sec. (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. 357, Sec. (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. (f) A keyless bolting device is not required to be installed at the landlord's expense if a tenant or occupant in the dwelling is over 55 years of age or has a physical or mental disability, the tenant requests, in writing, that the landlord deactivate or not install the keyless bolting device, and the tenant certifies in the request that the tenant or occupant is over 55 years of age or has a physical or mental disability. Tenants In Common. In any litigation under this subsection, the prevailing party shall recover reasonable attorney's fees from the nonprevailing party. ADDITIONAL ENFORCEMENT BY LOCAL ORDINANCE. 92.007. Added by Acts 2011, 82nd Leg., R.S., Ch. Acts 1983, 68th Leg., p. 3631, ch. (a) In a lawsuit by a tenant under either a written or oral lease for a dwelling or in a suit to enforce a legal obligation of the owner as landlord of the dwelling, the owner's agent for service of process is determined according to this section. 92.018. Sept. 1, 1995; Acts 1995, 74th Leg., ch. (4) a living unit in an apartment, condominium, cooperative, or townhome project. 1367), Sec. If another provision of this subchapter conflicts with this section, this section controls. Sec. (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 92.162. (e) The landlord has met the duty to inspect and repair if the smoke alarm is in good working order after the landlord tests the smoke alarm with smoke, operates the testing button on the smoke alarm, or follows other recommended test procedures of the manufacturer for the particular model. Sec. 126, Sec. (2) 48 inches from the floor, if installed on or after September 1, 1993. Sept. 1, 1995. Acts 2015, 84th Leg., R.S., Ch. Sec. 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. (b) A landlord who knowingly violates Section 92.006 by contracting orally or in writing with a tenant to waive the landlord's duty to repair under this subchapter shall be liable to the tenant for actual damages, a civil penalty of one month's rent plus $2,000, and reasonable attorney's fees. 1, eff. (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. 1099), Sec. (5) a keyless bolting device and a door viewer on each exterior door of the dwelling. 92.006. (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. (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. 869, Sec. 952, Sec. The default form of co-ownership in Texas is a tenancy in common. Sept. 1, 1993; Acts 1995, 74th Leg., ch. The landlord shall have the burden of pleading and proving good faith and continued diligence for subsequent affidavits for delay. Yes. LANDLORD REMEDY FOR TENANT VIOLATION. Under the Texas Property Code, you have five options to serve an eviction notice on your renter. (c) A landlord's failure to provide a complete copy of the lease as described by Subsection (a) or (b) does not invalidate the lease or, subject to Subsection (d), prevent the landlord from prosecuting or defending a legal action or proceeding to enforce the lease. COMPLIANCE WITH TENANT REQUEST REQUIRED WITHIN REASONABLE TIME. 92.152. 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. (j) A person who receives information under Subsection (c), (c-1), or (d) may not disclose the information to any other person except for a legitimate or customary business purpose or as otherwise required by law. ACTIONS AND REMEDIES. 92.331 by Acts 1997, 75th Leg., ch. 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