Sec. Sept. 1, 2001. If the landlord's employees perform the work, the charge may include a reasonable amount for overhead but may not include a profit to the landlord. Acts 2013, 83rd Leg., R.S., Ch. (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. (c) For purposes of Subsection (b)(4) or (5), a landlord is considered to have received the tenant's notice when the landlord or the landlord's agent or employee has actually received the notice or when the United States Postal Service has attempted to deliver the notice to the landlord. SECURITY DEPOSIT. (f) For the purposes of this section, an owner or property manager may disclose either an actual name or names or an assumed name if an assumed name certificate has been recorded with the county clerk. 1344 (S.B. (b) If written notice of the name and business street address of the company that manages the dwelling has been given to the tenant, the management company is the owner's sole agent for service of process. (e) The notices required by Subsections (b) and (d) must be included in a separate written document given to the tenant at or before execution of the lease. 92.161. Acts 2009, 81st Leg., R.S., Ch. (e) Repealed by Acts 2017, 85th Leg., R.S., Ch. 23.001. Jan. 1, 1996. Sec. 917 (H.B. A landlord's failure to respond does not affect the tenant's liability for any late fee owed to the landlord. Co-owners aren't actually tenants in their properties, though -- the true . (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. (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. (2) payable at the time each rent payment is due during the lease. September 1, 2021. 200, Sec. Tenancy in . (a) In this section, "occupant" has the meaning assigned by Section 92.016. 1, eff. 92.051. 1112, Sec. (b) A landlord is liable to a tenant as provided by this subchapter if: (1) the tenant has given the landlord notice to repair or remedy a condition by giving that notice to the person to whom or to the place where the tenant's rent is normally paid; (2) the condition materially affects the physical health or safety of an ordinary tenant; (3) the tenant has given the landlord a subsequent written notice to repair or remedy the condition after a reasonable time to repair or remedy the condition following the notice given under Subdivision (1) or the tenant has given the notice under Subdivision (1) by sending that notice by certified mail, return receipt requested, by registered mail, or by another form of mail that allows tracking of delivery from the United States Postal Service or a private delivery service; (4) the landlord has had a reasonable time to repair or remedy the condition after the landlord received the tenant's notice under Subdivision (1) and, if applicable, the tenant's subsequent notice under Subdivision (3); (5) the landlord has not made a diligent effort to repair or remedy the condition after the landlord received the tenant's notice under Subdivision (1) and, if applicable, the tenant's notice under Subdivision (3); and. Sec. (a) At a tenant's request made at any time, a landlord, at the tenant's expense, shall install: (1) a keyed dead bolt on an exterior door if the door has: (A) a doorknob lock but not a keyed dead bolt; or, (B) a keyless bolting device but not a keyed dead bolt or doorknob lock; and. Acts 2019, 86th Leg., R.S., Ch. Acts 1983, 68th Leg., p. 3649, ch. 91.002 and amended by Acts 1989, 71st Leg., ch. 1420, Sec. 650, Sec. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. Sec. The duties of a landlord and the remedies of a tenant under this subchapter are in lieu of the common law, other statutory law, and local ordinances relating to the disclosure of ownership and management of a dwelling by a landlord to a tenant. Aug. 28, 1989. HB 262 adds Section 75.0025 to the Texas Civil Practice and Remedies Code, which establishes a limitation on the liability of property owners, including Homeowners Associations, that allow their property (ie., common elements or common areas) to be used as a "community garden.". The device must be: (A) a clear glass pane or one-way mirror; or. Even if the dwelling is not in a 100-year floodplain, the dwelling may still be susceptible to flooding. SUBCHAPTER A. Texas real estate may be owned individually or jointly. (5) a keyless bolting device and a door viewer on each exterior door of the dwelling. Sept. 1, 1989. (2) "Board" means the governing body of a property owners' association. Acts 1983, 68th Leg., p. 3640, ch. 1, eff. EVICTION SUITS. Jun. (b) A provision in a lease is void if the provision purports to: (1) waive a tenant's right to summon police or other emergency assistance based on the tenant's reasonable belief that an individual is in need of intervention or emergency assistance; or. 1112 (H.B. (B) a doorknob lock that contains a bolt with at least a one-inch throw. 4, eff. 3, eff. Texas Property Code section 92.056 states: " For a condition that materially affects the physical health or safety of an ordinary tenant, the landlord is required to make repairs or to remedy the condition .". 1, eff. 1, eff. Sept. 1, 1989. 83), Sec. 869, Sec. Sec. However, a landlord may deactivate or remove the locking mechanism of a doorknob lock or remove any device not qualifying as a keyless bolting device if a keyed dead bolt has been installed on the same door. 1367), Sec. (a) A landlord may not retaliate against a tenant by taking an action described by Subsection (b) because the tenant: (1) in good faith exercises or attempts to exercise against a landlord a right or remedy granted to the tenant by lease, municipal ordinance, or federal or state statute; (2) gives a landlord a notice to repair or exercise a remedy under this chapter; (3) complains to a governmental entity responsible for enforcing building or housing codes, a public utility, or a civic or nonprofit agency, and the tenant: (A) claims a building or housing code violation or utility problem; and, (B) believes in good faith that the complaint is valid and that the violation or problem occurred; or. (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. Acts 1983, 68th Leg., p. 3639, ch. Acts 1983, 68th Leg., p. 3637, ch. 31.01(71), eff. (e) A landlord who violates this section is liable to the tenant for actual damages, a civil penalty equal in amount to the amount of one month's rent plus $500, and attorney's fees. (a) This subchapter does not apply to: (1) a room in a hotel, motel, or inn or to similar transient housing; (2) residential housing owned or operated by a public or private college or university accredited by a recognized accrediting agency as defined under Section 61.003, Education Code; (3) residential housing operated by preparatory schools accredited by the Texas Education Agency, a regional accrediting agency, or any accrediting agency recognized by the commissioner of education; or. Sec. A tenancy in common occurs when two or more parties jointly hold an interest in property. September 1, 2011. Acts 2009, 81st Leg., R.S., Ch. 48, Sec. January 1, 2016. 10, eff. HARASSMENT. 2022 Texas Statutes Property Code Title 8 - Landlord and Tenant Chapter 92 . (2) there is no controversy concerning the amount of rent owed. 92.334 by Acts 1997, 75th Leg., ch. 126, Sec. 6, eff. LANDLORD AND TENANT. Schedule the entry during regular business hours, and try to work around the tenant's schedule as much as possible. Jan. 1, 1984. 3, eff. (4) the landlord, at the same time the service is interrupted, hand delivers or places on the tenant's front door a written notice that: (A) prominently displays the words "electricity termination notice" or similar language underlined or in bold; and. 1268 (H.B. TENANT'S DISABLING OF A SMOKE ALARM. 48, Sec. (a) A smoke alarm must be: (1) designed to detect both the visible and invisible products of combustion; (2) designed with an alarm audible to a person in the bedrooms it serves; and. 94.006(a). A repair bill and receipt may be the same document. (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. June 18, 2005. Sec. 21.001, eff. ALTERNATIVE COMPLIANCE. Jan. 1, 1984. Added by Acts 1989, 71st Leg., ch. (a) A landlord may not collect from a tenant a late fee for failing to pay any portion of the tenant's rent unless: (1) notice of the fee is included in a written lease; (3) any portion of the tenant's rent has remained unpaid two full days after the date the rent was originally due. Sept. 1, 1993. September 1, 2011. 21.001(97), eff. January 1, 2010. (2) be installed in a door with a metal doorjamb that serves as the strike plate. A tenant of a landlord who is liable under Section 92.259 may obtain or exercise one or more of the following remedies: (1) a court order directing the landlord to comply with the tenant's request if the tenant is in possession of the dwelling unit; (2) a judgment against the landlord for damages suffered by the tenant because of the landlord's violation; (3) a judgment against the landlord for a civil penalty of one month's rent plus $100 if the landlord violates Section 92.259(a)(2); (4) a judgment against the landlord for court costs; (5) a judgment against the landlord for attorney's fees in an action under Subdivision (1) or (3); and. (b) Notwithstanding this subchapter, a person licensed to install fire alarms or fire detection devices under Chapter 6002, Insurance Code, shall comply with that chapter when installing smoke alarms. (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. INSPECTION OF RESIDENTIAL FIRE EXTINGUISHER. (2) a door viewer if the door does not have a door viewer. (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. A landlord and tenant may agree to the provisions of this subsection only if the agreement meets the requirements of Subdivision (4) of Subsection (e) of this section. 92.0191. Venue for an action under this chapter is governed by Section 15.0115, Civil Practice and Remedies Code. 1293), Sec. Jan. 1, 1984. 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. (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. (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. 2, eff. 576, Sec. The customer must provide the notice by mail to the tenant's or owner's preferred mailing address or hand deliver the notice to the tenant or owner. (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. 92.155. HEIGHT, STRIKE PLATE, AND THROW REQUIREMENTS--KEYED DEAD BOLT OR KEYLESS BOLTING DEVICE. 1, eff. 946), Sec. (h) If a writ of possession is issued, it supersedes a writ of restoration of utility service. 357, Sec. 257 (H.B. If the lease is terminated, the tenant is entitled only to a pro rata refund of rent from the date the tenant moves out and to a refund of any security deposit otherwise required by law. Amended by Acts 1985, 69th Leg., ch. Aug. 26, 1985. 475 (S.B. Added by Acts 2009, 81st Leg., R.S., Ch. 1862), Sec. 257 (H.B. January 1, 2008. A tenancy in common (TIC) is one of three types of concurrent estates (defined as an estate that has shared ownership, in which each owner owns a share of the property). 92.025. LANDLORD REMEDY FOR TENANT VIOLATION. Aug. 28, 1989. Aug. 28, 1989; Acts 1997, 75th Leg., ch. Sec. The landlord shall have the burden of pleading and proving good faith and continued diligence for subsequent affidavits for delay. 92.331. (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. These are as follows: . OBLIGATION TO REFUND. Sec. 92.254. 918, Sec. (C) located on the same lot or tract or adjacent lots or tracts of land. September 1, 2011. 576, Sec. Jan. 1, 1996. 1072 (H.B. (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. (a) The applicant is deemed rejected by the landlord if the landlord does not give notice of acceptance of the applicant on or before the seventh day after the: (1) date the applicant submits a completed rental application to the landlord on an application form furnished by the landlord; or. (3) "Exterior door" means a door providing access from a dwelling interior to the exterior. 650, Sec. Added by Acts 1993, 73rd Leg., ch. January 1, 2022. We will always provide free access to the current law. In an eviction suit, retaliation by the landlord under Section 92.331 is a defense and a rent deduction lawfully made by the tenant under this chapter is a defense for nonpayment of the rent to the extent allowed by this chapter. 1112 (H.B. (2) if an entity located off-site from the dwelling is primarily responsible for managing the dwelling, the name and street address of the management company. 48, Sec. Added by Acts 1995, 74th Leg., ch. Acts 1983, 68th Leg., p. 3638, ch. Sec. (d) The acknowledgment may be part of the rental application if the notice is underlined or in bold print. 92.0091. 337 (H.B. The fair market rent shall be determined by the governmental agency subsidizing the rent, or in the absence of such a determination, it shall be a reasonable amount of rent under the circumstances. (c) A keyed dead bolt or keyless dead bolt, as described by Section 92.151(6)(A), installed in a dwelling on or after September 1, 1993, must have a bolt with a throw of not less than one inch. (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. 92.005. Acts 2015, 84th Leg., R.S., Ch. 1198 (S.B. 650, Sec. (f) If a landlord or a landlord's agent violates this section, the tenant may: (1) either recover possession of the premises or terminate the lease; and. Amended by Acts 1995, 74th Leg., ch. 92.333. Added by Acts 2007, 80th Leg., R.S., Ch. 92.264. Amended by Acts 1993, 73rd Leg., ch. Sec. 1367), Sec. (a) The landlord shall inspect and repair a smoke alarm according to this section. (c) The justice, county, and district courts have concurrent jurisdiction in an action under Subsection (a). PROCEDURES FOR NOTICE OR REFUND. NOTICE TO TENANT AT PRIMARY RESIDENCE. Acts 1983, 68th Leg., p. 3631, ch. (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. 1, eff. 576, Sec. 1, eff. 650, Sec. (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. 512 (H.B. Added by Acts 2015, 84th Leg., R.S., Ch. Property is often owned by two or more people simultaneously. A waiver under this section must be signed and in writing in a document separate from the lease and must comply with federal law. 576, Sec. 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. When one of them dies, the property passes to that tenant's heirs. 1414), Sec. The request must be a separate document and may not be included as part of a lease agreement. (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. (3) of the charges for each option described by Subdivision (1) or (2). 3, eff. 3101), Sec. Sept. 1, 1995. Section 511. (4) the tenant has the right to install or rekey a security device required by this subchapter and deduct the reasonable cost from the tenant's next rent payment, as provided by Subsection (a)(1). (a) A landlord shall make a diligent effort to repair or remedy a condition if: (1) the tenant specifies the condition in a notice to the person to whom or to the place where rent is normally paid; (2) the tenant is not delinquent in the payment of rent at the time notice is given; and, (A) materially affects the physical health or safety of an ordinary tenant; or. 13, eff. LANDLORD AND TENANT. September 1, 2017. (a) In this section, "governmental entity" means the state, an agency of the state, or a political subdivision of the state. LANDLORD AFFIDAVIT FOR DELAY. Sec. These co-owners hold an undivided interest and right to possess the property. Tenants In Common. 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