LIABILITY OF TENANT FOR GOVERNMENTAL FINES. Sec. This subsection shall not affect the landlord's duty under Subchapter B to repair or remedy, at the landlord's expense, wastewater stoppages or backups caused by deterioration, breakage, roots, ground conditions, faulty construction, or malfunctioning equipment. 8, eff. PROPERTY CODE. January 1, 2022. 650, Sec. (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. (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. (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. CHAPTER 92. (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. (g) A tenant who terminates a lease under Subsection (b) is released from all liability for any delinquent, unpaid rent owed to the landlord by the tenant on the effective date of the lease termination if the lease does not contain language substantially equivalent to the following: "Tenants may have special statutory rights to terminate the lease early in certain situations involving certain sexual offenses or stalking.". Property and real estate laws also include zoning regulations, which determine which kinds of structures may be built in a given location. (c) The justice, county, and district courts have concurrent jurisdiction in an action under Subsection (a). Refreshed: 2021-06-07 (m) This section does not affect the rights of a landlord or tenant in a forcible detainer or forcible entry and detainer action. Aug. 28, 1995; Acts 1995, 74th Leg., ch. (1) "Adult" means an individual 18 years of age or older. (1-a) "Application fee" means a nonrefundable sum of money that is given to the landlord to offset the costs of screening an applicant for acceptance as a tenant. 357, Sec. Landlords can continue with the eviction process if the tenant refuses to leave after the 30-day grace period. 1186), Sec. (b) Except as provided by Subsection (a), a dwelling to which this subchapter applies includes: (1) a room in a dormitory or rooming house; (3) a single family house, duplex, or triplex; and. 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. 17.001(b), eff. Jan. 1, 1984. 899 (H.B. 1, eff. (2) 48 inches from the floor, if installed on or after September 1, 1993. (B) does not increase the guarantor's potential financial obligation for rent that existed under the original lease. (a) The landlord shall inspect and repair a smoke alarm according to this section. This means that you have the same six-month protection period. January 1, 2014. Jan. 1, 1996. January 1, 2010. According to the Austin Tenants' Council, the lockout law says: The lease must include written notice of the landlord 's right to exercise a lockout. 576, Sec. 2(119), eff. 1, eff. (3) of the charges for each option described by Subdivision (1) or (2). Sec. Acts 1983, 68th Leg., p. 3651, ch. (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. Amended by Acts 1993, 73rd Leg., ch. A landlord who has provided information under Subdivision (2) or (3) of Subsection (b) of Section 92.201 is liable to a tenant according to this subchapter if: (1) the information becomes incorrect because a name or address changes; and. The primary characteristics of a tenancy in common are: Each tenant in common holds a separate and undivided interest in the property. Jan. 1, 1984. Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. The term does not include occupancy before the initial occupancy date authorized under a lease. NOTICE REGARDING VEHICLE TOWING OR PARKING RULES OR POLICIES. (2) an earlier date agreed to by the landlord and the tenant. Our Team; Tips; FAQ; . Added by Acts 1989, 71st Leg., ch. (a) Before returning a security deposit, the landlord may deduct from the deposit damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease. (14) "Sliding door security bar" means a bar or rod that can be placed at the bottom of or across the interior side of the fixed panel of a sliding glass door and that is designed to prevent the door from being opened. Acts 2015, 84th Leg., R.S., Ch. This subchapter does not impose obligations on a landlord or tenant other than those expressly stated in this subchapter. (a) If the tenant withholds rents, causes repairs to be performed, or makes rent deductions for repairs in violation of this subchapter, the landlord may recover actual damages from the tenant. The Texas legislature recently passed and Governor Abbott signed Section 16.0265 of the Texas Civil Practice and Remedies Code that provides assistance to heirs who have collectively inherited real estate from a common . Sec. 1439, Sec. 92.331. The Tenant Disregards the Notice . (e) Repealed by Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1993. Sept. 1, 1989. (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. (C) damage the property of the landlord, other tenants, or neighbors. Jan. 1, 1984. 189 (S.B. A TIC typically has no right of survivorship. (h) Repairs made pursuant to the tenant's notice must be made in compliance with applicable building codes, including a building permit when required. September 1, 2013. 5, eff. 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 . 16, eff. 69), Sec. COMMON AREA FACILITIES. 91.002 by Acts 1987, 70th Leg., ch. 1268 (H.B. . (2) The tenant's right to repair and deduct for conditions involving sewage backup or overflow, flooding inside the dwelling, or a cutoff of potable water under Subsection (e) of Section 92.0561 shall not be affected, and the tenant shall have no duty to give additional notice to the new landlord. (f) A landlord and tenant may agree that, except for those conditions caused by the negligence of the landlord, the tenant has the duty to pay for repair of the following conditions that may occur during the lease term or a renewal or extension: (1) damage from wastewater stoppages caused by foreign or improper objects in lines that exclusively serve the tenant's dwelling; (2) damage to doors, windows, or screens; and. (k) A landlord may not change the locks on the door of a tenant's dwelling under Subsection (b)(3): (1) when the tenant or any other legal occupant is in the dwelling; or. Amended by Acts 1995, 74th Leg., ch. 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. Section 4001 et seq.). (d) A customer is not required to provide the notices described by this section if the customer avoids the disconnection by paying the bill. (a) This section applies only to a tenant in a multiunit complex, as that term is defined by Section 92.151. (h) A security device required by this section must be operable throughout the time a tenant is in possession of a dwelling. (B) The landlord has expressly or impliedly agreed in the lease to furnish potable water to the tenant's dwelling and the water service to the dwelling has totally ceased. 13, eff. Jan. 1, 1984. (2) entered into a deferred payment plan that complies with Subsection (l). (i) If the landlord or the person on whom a writ of reentry is served fails to immediately comply with the writ or later disobeys the writ, the failure is grounds for contempt of court against the landlord or the person on whom the writ was served, under Section 21.002, Government Code. (e) This section relates only to a fee, charge, or other sum of money required to be paid under the lease if rent is not paid as provided by Subsection (a)(3), and does not affect the landlord's right to terminate the lease or take other action permitted by the lease or other law. January 1, 2010. 1, eff. Court costs may be waived only if the tenant executes a pauper's affidavit. 1060 (H.B. CONDOMINIUMS. (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. Aug. 26, 1985. In addition to court costs and reasonable attorney's fees, a tenant who prevails under this subsection may recover from the landlord the greater of one month's rent or $500 for each violation of this section. RESIDENTIAL TENANT'S RIGHT OF REENTRY AFTER UNLAWFUL LOCKOUT. (4) a living unit in an apartment, condominium, cooperative, or townhome project. (g) A tenant's right to terminate a lease before the end of the lease term, vacate the dwelling, and avoid liability under this section may not be waived by a tenant. (b) Except as provided by this section, a landlord may not interrupt or cause the interruption of water, wastewater, gas, or electric service furnished to a tenant by the landlord as an incident of the tenancy or by other agreement unless the interruption results from bona fide repairs, construction, or an emergency. (2) may not be effective before the 14th day after the date notice of the change is delivered to the tenant, unless the change is the result of a construction or utility emergency. (2) may not use a prospective tenant's choice to pay a fee in lieu of a security deposit or a security deposit as a criterion in the determination of whether to approve an application for occupancy. 1420, Sec. RETALIATION BY LANDLORD. Sept. 1, 1993; Acts 1999, 76th Leg., ch. Jan. 1, 1984. (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). January 1, 2006. 1, eff. Sec. (3) Any one of the following events has occurred: (A) The landlord has failed to remedy the backup or overflow of raw sewage inside the tenant's dwelling or the flooding from broken pipes or natural drainage inside the dwelling. Acts 1983, 68th Leg., p. 3647, ch. 946), Sec. Sept. 1, 1997. (d) For purposes of Subsection (b)(3) or (4), in determining whether a period of time is a reasonable time to repair or remedy a condition, there is a rebuttable presumption that seven days is a reasonable time. Sec. (4) obtain judicial remedies according to Section 92.0563. Jan. 1, 1984. Sec. A tenant or occupant in the dwelling is over age 55 or has a physical or mental disability. Added by Acts 2019, 86th Leg., R.S., Ch. Jan. 1, 1984. 826, Sec. (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. they can remain a tenant in the property. Sec. Acts 1983, 68th Leg., p. 3647, ch. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING CERTAIN DECISIONS RELATED TO MILITARY SERVICE. Sept. 1, 1993; Acts 1995, 74th Leg., ch. Jan. 1, 1996. (i) The tenant shall not have authority to contract for labor or materials in excess of what the tenant may deduct under this section. (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. A party who prevails in a suit under this subsection may recover court costs and reasonable attorney's fees from the other party. (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. January 1, 2010. 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. Acts 2007, 80th Leg., R.S., Ch. (c) A reasonable time for purposes of Subsections (a) and (b) is presumed to be not later than 72 hours after the time of receipt of the tenant's request and any required advance payment if at the time of making the request the tenant informed the landlord that: (1) an unauthorized entry occurred or was attempted in the tenant's dwelling; (2) 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. 9, eff. (e) The landlord is entitled to a hearing on the tenant's sworn complaint for restoration of utility service. LANDLORD AND TENANT. 92.012. FORCED SALE OF OWNER'S INTEREST IN CERTAIN REAL PROPERTY AS REIMBURSEMENT FOR PROPERTY TAXES PAID BY CO-OWNER ON OWNER'S BEHALF . Sec. Sec. Sec. 94.005. 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. Jan. 1, 1998. 5, eff. 92.057(a) and amended by Acts 1995, 74th Leg., ch. CASUALTY LOSS. 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. (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. Sec. Section 23.001 et seq. 92.002. September 1, 2011. Tex. Sec. Sec. Sec. 1198 (S.B. A landlord who in bad faith fails to refund an application fee or deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the amount wrongfully retained, and the applicant's reasonable attorney's fees. 92.0162. Jan. 1, 1984. The landlord has a defense to liability under Section 92.259 if: (1) on the date the tenant gives the notice required by Section 92.259 the tenant has not paid all rent due from the tenant; or. (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. Sec. (k) For purposes of Subsection (j), "significant financial loss of income" means a reduction of 10 percent or more of the tenant's household income caused by the tenant's military service. Committed to Public Service. (2) the person against whom the action is filed knew or should have known of the conviction or adjudication. 48, Sec. (e) A landlord who violates Subsection (b) or (d) is liable to the tenant for an amount equal to the total of one month's rent plus $100 and attorney's fees. Jan. 1, 1984. Jan. 1, 1984. ADDITIONAL ENFORCEMENT BY LOCAL ORDINANCE. LANDLORD'S AGENT FOR SERVICE OF PROCESS. 92.025. . September 1, 2011. The 4 bedroom, 2 full bathroom home features 3 walk-in closets, high quality, easy to clean, modern tiles all around (no carpet) along with. (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. (2) sign a statement authorizing the landlord in the event of the tenant's death to: (A) grant to the person designated under Subdivision (1) access to the premises at a reasonable time and in the presence of the landlord or the landlord's agent; (B) allow the person designated under Subdivision (1) to remove any of the tenant's property found at the leased premises; and. If a tenant followed the proper procedure and the landlord failed to make the repairs, the tenant may file a lawsuit against the landlord. (5) If the new landlord violates this subsection, the new landlord is liable to the tenant for a civil penalty of one month's rent plus $2,000, actual damages, and attorney's fees. January 1, 2016. (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. 869, Sec. (f) Except as provided by Subsection (g), this section does not affect a tenant's liability for delinquent, unpaid rent or other sums owed to the landlord before the lease was terminated by the tenant under this section. This chapter applies only to the relationship between landlords and tenants of residential rental property. 92.2611. 92.021. 1, eff. (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. 1, eff. (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. (d) If there is more than one tenant on a lease, the landlord is not required under this section to send notices to the primary residence of more than one tenant. 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. (b) If more than one tenant is a party to the lease, not later than the third business day after the date a landlord receives a written request for a copy of a lease from a tenant who has not received a copy of the lease under Subsection (a), the landlord shall provide one complete copy of the lease to the requesting tenant. (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. (d) A landlord authorized by this subchapter to charge a tenant for repairing, installing, changing, or rekeying a security device under this subchapter may not require the tenant to pay more than the total cost charged by a third-party contractor for material, labor, taxes, and extra keys. 917 (H.B. (b) If the tenant's lease is in writing, the lease may require the tenant's initial request for information to be written. 126, Sec. Texas law presumes that if two non-spouses are named as co-owners, and nothing more is said, then they are tenants-in-common (Est. (l) The fee for filing a sworn complaint for reentry is the same as that for filing a civil action in justice court. (b) If the dwelling has French doors, one door of each pair of French doors must meet the requirements of Subsection (a) and the other door must have: (1) a keyed dead bolt or keyless bolting device capable of insertion into the doorjamb above the door and a keyless bolting device capable of insertion into the floor or threshold, each with a bolt having a throw of one inch or more; or. We will always provide free access to the current law. OBLIGATION TO REFUND. (c) If a landlord does not provide the tenant the notice as required by this section, the landlord forfeits the right to collect damages and charges from the tenant.

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