Sept. 1, 1993; Acts 1999, 76th Leg., ch. Added by Acts 1989, 71st Leg., ch. A party who prevails in a suit under this subsection may recover court costs and reasonable attorney's fees from the other party. The default form of co-ownership in Texas is a tenancy in common. Acts 2017, 85th Leg., R.S., Ch. (d) Repealed by Acts 2009, 81st Leg., R.S., Ch. (k) If a tenant in bad faith files a sworn complaint for reentry resulting in a writ of reentry 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. (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. Sec. (a) In this section, "governmental entity" means the state, an agency of the state, or a political subdivision of the state. LIABILITY FOR WITHHOLDING LAST MONTH'S RENT. 1205, Sec. Sec. Venue for an action under this chapter is governed by Section 15.0115, Civil Practice and Remedies Code. 469 (H.B. A landlord acts in bad faith and is liable according to this subchapter if the landlord gives an incorrect name or address under Subsection (a) of Section 92.201 by wilfully: (1) disclosing incorrect information under Section 92.201(b)(1) or (2) or Section 92.201(d); or. (2) checking to ensure the fire extinguisher gauge or pressure indicator indicates the correct pressure as recommended by the manufacturer of the fire extinguisher. 869, Sec. Acts 2009, 81st Leg., R.S., Ch. PROPERTY CODE. Sept. 1, 2001. Jan. 1, 1996. Of these, the default and most common co-tenancy is tenants in common. (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. 332, Sec. (C) by a metal bar or metal tube that is placed across the entire interior side of the door and secured in place at each end of the bar or tube by heavy-duty metal screw hooks. (b) The tenant must file with the justice court in the precinct in which the rental premises are located a sworn complaint for reentry, specifying the facts of the alleged unlawful lockout by the landlord or the landlord's agent. 576, Sec. 576, Sec. COMMON AREA FACILITIES. (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. 1, eff. Sept. 1, 1993. TENANT'S FORWARDING ADDRESS. 744, Sec. Sept. 1, 1989. Jan. 1, 1984. 576, Sec. If the writ is disobeyed, the tenant or the tenant's attorney may file in the court in which the 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. (a) Subject to Subsections (b) and (c), a smoke alarm must be installed according to the manufacturer's recommended procedures. Acts 1983, 68th Leg., p. 3632, ch. September 1, 2011. January 1, 2020. (i) The tenant shall not have authority to contract for labor or materials in excess of what the tenant may deduct under this section. 1, eff. 12, eff. Amended by: Acts 2009, 81st Leg . 92.1641. Jan. 1, 1984. Sec. Tenants in Common. Sec. 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 .". The tenant must also state orally under oath to the justice the facts of the alleged unlawful lockout. Instead, joint owners of real property "may compel a partition of the interest or the property among the joint owners." TEX. 92.352. Acts 2021, 87th Leg., R.S., Ch. The first page of this guide will provide . (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. 1, eff. Sec. (a) A tenant of a landlord who is liable under Section 92.202, 92.203, or 92.204 may obtain or exercise one or more of the following remedies: (1) a court order directing the landlord to make a disclosure required by this subchapter; (2) a judgment against the landlord for an amount equal to the tenant's actual costs in discovering the information required to be disclosed by this subchapter; (3) a judgment against the landlord for one month's rent plus $100; (4) a judgment against the landlord for court costs and attorney's fees; and. (D) in underlined or bold print, the tenant's right to receive a key to the new lock at any hour, regardless of whether the tenant pays the delinquent rent. Each common area facility, if any, must be open or available to tenants. This means that if the property is real estate, no tenant can exclude any other tenant from any part of the property. (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. January 1, 2014. Aug. 31, 1987. (c) If the rules or policies are contained in the lease agreement or an attachment to the lease agreement, the title to the paragraph containing the rules or policies must read "Parking" or "Parking Rules" and be capitalized, underlined, or printed in bold print. Added by Acts 2013, 83rd Leg., R.S., Ch. The notice must include a written description and itemized list of all damages, if any, and of unpaid rent, if any, including the dates the rent payments were due. 1, eff. Sec. (e) If a tenant vacates the premises in breach of a written lease, the landlord may deduct from the tenant's security deposit the reasonable cost incurred by the landlord to rekey a security device as required by this section only if the lease includes a provision that is underlined or printed in boldface type authorizing the deduction. 92 of the Texas Property Code. 3, eff. Tenancy in common allows more than one person to own a property, such as a home or land parcel, at the same time. 17.001(a), eff. 576, Sec. Acts 1983, 68th Leg., p. 3651, ch. 92.159. September 1, 2021. Owners can hold unequal shares, and they can sell or mortgage their shares independently from other tenants. (g) A tenant's right to vacate a dwelling and avoid liability under Section 92.016 or 92.017 may not be waived by a tenant or a landlord, except as provided by those sections. Sec. The fee for service of a show cause order is the same as that for service of a civil citation. The landlord may satisfy that burden of proof by providing evidence that the landlord: (1) delivered the notice by certified mail, return receipt requested, addressed to the tenant at the tenant's dwelling; or. (e) A fee collected under this section may be used to purchase insurance coverage for damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease. 92.002. (2) there is no controversy concerning the amount of rent owed. (2) within a reasonable time after receiving a written request by a tenant. (4) documentation of a protective order issued under Subchapter A, Chapter 7B, Code of Criminal Procedure, except for a temporary ex parte order. Jan. 1, 1984. They may own it equally or in unequal percentages. (d) Except as provided by Subsection (f), 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. Sec. (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. (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. (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. 1, eff. (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. Added by Acts 2001, 77th Leg., ch. 1, eff. is a condo located in Franklin County and the 43123 ZIP Code. 92.156. 92.053. SECURITY DEPOSIT. (d) Termination of a lease under this section is effective: (1) in the case of a lease that provides for monthly payment of rent, on the 30th day after the first date on which the next rental payment is due after the date on which the notice under Subsection (c)(1) is delivered; or. INSTALLATION PROCEDURE. (2) "Dwelling unit" means a home, mobile home, duplex unit, apartment unit, condominium unit, or any dwelling unit in a multiunit residential structure. 4, eff. Jan. 1, 1984. (b) A landlord may require a tenant to pay for repair or replacement of a security device if an underlined provision in a written lease authorizes the landlord to do so and the repair or replacement is necessitated by misuse or damage by the tenant, a member of the tenant's family, an occupant, or a guest, and not by normal wear and tear. January 1, 2006. Jan. 1, 1984. 31.01(71), eff. (b) A landlord's duties and the tenant's remedies concerning security devices, the landlord's disclosure of ownership and management, or smoke alarms, as provided by Subchapter D, E, or F, respectively, may be enlarged only by specific written agreement. (c-1) If the tenant is a victim or a parent or guardian of a victim of stalking under Section 42.072, Penal Code, that takes place during the preceding six-month period on the premises or at any dwelling on the premises, the tenant shall provide to the landlord or the landlord's agent a copy of: (1) documentation of a protective order issued under Subchapter A or B, Chapter 7B, Code of Criminal Procedure, except for a temporary ex parte order; or. Sec. The hearing shall be held not earlier than the first day and not later than the seventh day after the date the landlord requests a hearing. 2, eff. Jan. 1, 1984. The justice may defer payment of the tenant's filing fees and service costs for the sworn complaint for restoration of utility service and writ of restoration of utility service. January 1, 2016. (2) knows or has reason to know that the requirements of the subsection granting the exemption are not fulfilled. Acts 2015, 84th Leg., R.S., Ch. 1099), Sec. Added by Acts 2007, 80th Leg., R.S., Ch. Sec. (c) Subsection (b) does not prohibit a guarantor from voluntarily entering into an agreement at the time of the renewal of a lease, in a separate written document, to guarantee an increased amount of rent. (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. (c) This section does not apply to or affect a local ordinance governing a landlord's obligation to provide a 24-hour emergency contact number to a tenant that is adopted before January 1, 2008, if the ordinance conforms with or is amended to conform with this section. Amended by Acts 2001, 77th Leg., 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. Added by Acts 2009, 81st Leg., R.S., Ch. (a) If a security deposit was not required by a residential lease and the tenant is liable for damages and charges on surrender of the premises, the landlord shall notify the tenant in writing of the landlord's claim for damages and charges on or before the date the landlord reports the claim to a consumer reporting agency or third-party debt collector. There shall be a rebuttable presumption that the landlord acted in good faith and with continued diligence for the first affidavit for delay the landlord delivers to the tenant. (2) increasing rent or reducing services as part of a pattern of rent increases or service reductions for an entire multidwelling project. Jan. 1, 1984. Renumbered from Property Code Sec. But they have different title percentages of ownership. 92.0131. 1, eff. Last accessed. (a) A landlord shall install at least one smoke alarm in each separate bedroom in a dwelling unit. 1205, Sec. 17.001(64), eff. January 1, 2008. (5) engaging, in bad faith, in a course of conduct that materially interferes with the tenant's rights under the tenant's lease. (e) Except as provided in Subsection (f), a tenant to whom a landlord is liable under Subsection (b) of this section may: (2) have the condition repaired or remedied according to Section 92.0561; (3) deduct from the tenant's rent, without necessity of judicial action, the cost of the repair or remedy according to Section 92.0561; and. A TIC typically has no right of survivorship. LANDLORD'S DUTY TO REPAIR OR REMEDY. Jan. 1, 1996. Jan. 1, 1984. 91.002 by Acts 1987, 70th Leg., ch. If the tenants in common are unable to resolve a dispute, state law provides only one remedy, a partition action. Tenancy in . 92.001. 683, Sec. 475, Sec. 94.006(a). January 1, 2010. January 1, 2008. The Federal Emergency Management Agency (FEMA) maintains a flood map on its Internet website that is searchable by address, at no cost, to determine if a dwelling is located in a flood hazard area. Renumbered from Sec. (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. (a) A tenant is liable according to this subchapter if the tenant removes a battery from a smoke alarm without immediately replacing it with a working battery or knowingly disconnects or intentionally damages a smoke alarm, causing it to malfunction. The landlord is not liable to repairmen, contractors, or material suppliers who furnish labor or materials to repair or remedy the condition. Sec. 6, eff. Renumbered from Property Code Sec. (2) the landlord may not allow reoccupancy or reconnection of utilities by separate meter within six months after the date the tenant moves out. 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. 869, Sec. In general, co-ownership of property in Texas is presumed to be a tenancy in common, absent explicit language to the contrary, as discussed below. Instead the parties must agree, in writing, to include a right of survivorship. 92.302. (1) "Adult" means an individual 18 years of age or older. Sec. September 1, 2007. A landlord is presumed to have refunded a security deposit or made an accounting of security deposit deductions if, on or before the date required under this subchapter, the refund or accounting is placed in the United States mail and postmarked on or before the required date. (c) A smoke alarm may be located other than as required by Subsection (a) or (b) if a local ordinance or a local or state fire marshal approves. (e) 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. 31.01(71), eff. 475 (S.B. HEIGHT, STRIKE PLATE, AND THROW REQUIREMENTS--KEYED DEAD BOLT OR KEYLESS BOLTING DEVICE. Acts 1983, 68th Leg., p. 3632, ch. LeaseRunner's Texas lease uses the 24 hour . 18 (S.B. 2, eff. Sec. Room near: Texas City Terminal Junction, Hitchcock Galveston County TX . 92.161. (2) "Applicant" or "rental applicant" means a person who makes an application to a landlord for rental of a dwelling. 337 (H.B. Acts 2015, 84th Leg., R.S., Ch. 917 (H.B. The bar or tube must be capable of being secured to both of the screw hooks and must be permanently attached in some way to the door frame stud or wall stud. (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. (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. (d) If a landlord knows that flooding has damaged any portion of a dwelling at least once during the five-year period immediately preceding the effective date of the lease, the landlord shall provide a written notice to a tenant that is substantially equivalent to the following: "(Landlord) ( ) is or ( ) is not aware that the dwelling you are renting has flooded at least once within the last five years.". 576, Sec. 2.63, eff. A landlord has a defense to liability under Section 92.202 or 92.203 if the tenant owes rent on the date the tenant gives a notice required by either of those sections. Co-tenants are "undivided," in the eyes of many states. (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. 650, Sec. Each party may freely sell, devise, lease, or otherwise transfer their interest in the property. Property Code, Sec. (d) Subsections (a) and (b) apply only when a tenant is in possession of a dwelling. Joint property ownership with survivorship rights is still a new concept in Texas. (9) "Possession of a dwelling" means occupancy by a tenant under a lease, including occupancy until the time the tenant moves out or a writ of possession is issued by a court. 12, eff. (h) If a writ of possession is issued, it supersedes a writ of restoration of utility service. Aug. 31, 1987. 1112 (H.B. 869, Sec. 869, 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. 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. Means that if the property is real estate, no tenant can exclude any other from! 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