5, eff. INTERRUPTION OF UTILITIES. (d) The writ of restoration of utility service must be served on either the landlord or the landlord's management company, on-premises manager, or rent collector in the same manner as a writ of possession in a forcible detainer suit. January 1, 2020. 357, Sec. (4) 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, file suit against the landlord and obtain a judgment for: (A) a court order directing the landlord to comply and bring all dwellings owned by the landlord into compliance, if the tenant serving the written request is in possession of the dwelling; (C) punitive damages if the tenant suffers actual damages; (D) a civil penalty of one month's rent plus $500; (F) attorney's fees except in suits for recovery of property damages, personal injuries, or wrongful death. Added by Acts 2001, 77th Leg., ch. This severance remedy is known as "Partition" and is available under Chapter 23 of the Texas Property Code. The Texas Property Code defines wear and tear as "deterioration that results from the intended use of a dwelling, including breakage or malfunction due to age or deteriorated condition.". (a) If a landlord has installed a 1A10BC residential fire extinguisher as defined by the National Fire Protection Association or other non-rechargeable fire extinguisher in accordance with a local ordinance or other law, the landlord or the landlord's agent shall inspect the fire extinguisher: (1) at the beginning of a tenant's possession; and. TENANT REMEDIES. LANDLORD AND TENANT. Sec. Renumbered from Property Code, Section 92.016 by 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. September 1, 2017. . Sept. 1, 1993; Acts 1995, 74th Leg., ch. 1, eff. 92.155. Notice by mail may be by regular mail, by registered mail, or by certified mail, return receipt requested. Room near: Texas City Terminal Junction, Hitchcock Galveston County TX . Our Team; Tips; FAQ; . 3101), Sec. 31.01(71), eff. Court costs may be waived only if the tenant executes a pauper's affidavit. (a) Except as provided in Subsection (b), a landlord is presumed to have given notice of an applicant's acceptance or rejection if the notice is by: (1) telephone to the applicant, co-applicant, or a person living with the applicant or co-applicant on or before the required date; or. 576, Sec. 1205, Sec. (2) "Applicant" or "rental applicant" means a person who makes an application to a landlord for rental of a dwelling. 92.204. 2022 Texas Statutes Property Code Title 8 - Landlord and Tenant Chapter 92 . Notice in person may be by personal delivery to the tenant or any person residing at the tenant's dwelling who is 16 years of age or older or by personal delivery to the tenant's dwelling and affixing the notice to the inside of the main entry door. January 1, 2006. 7, 2021. 92.061. Amended by Acts 1995, 74th Leg., ch. (b) A landlord shall perform additional rekeying or change a security device at the tenant's expense if requested by the tenant. 576, Sec. (d) Repealed by Acts 2009, 81st Leg., R.S., Ch. Amended by Acts 1989, 71st Leg., ch. The device must be: (A) a clear glass pane or one-way mirror; or. Sec. If a rental premises is, as a practical matter, totally unusable for residential purposes as a result of a natural disaster such as a hurricane, tornado, flood, extended freeze, or widespread windstorm, a landlord that allows a tenant to move to another rental unit owned by the landlord may not require the tenant to execute a lease for a term longer than the term remaining on the tenant's lease on the date the premises was rendered unusable as a result of the natural disaster. Sec. (a) A tenant shall notify the landlord of a rent deduction attributable to the tenant's installing, repairing, changing, replacing, or rekeying of a security device under Section 92.164(a)(1) or 92.165(1) after the landlord's failure to comply with this subchapter. 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. (b) The tenant does not forfeit the right to a refund of the security deposit or the right to receive a description of damages and charges merely for failing to give a forwarding address to the landlord. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 348 (S.B. TENANT REMEDIES FOR OTHER LANDLORD VIOLATIONS. 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 . 4, eff. September 1, 2007. PRESUMPTION OF REFUND OR ACCOUNTING. (a) A landlord may not require a tenant to pay for repair or replacement of a security device due to normal wear and tear. 1205, Sec. (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. (c) A tenant who terminates a lease under Subsection (b) shall deliver to the landlord or landlord's agent: (1) a written notice of termination of the lease; and. 1, eff. January 1, 2016. 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. Acts 1983, 68th Leg., p. 3633, ch. (a) If a landlord has interrupted utility service in violation of Section 92.008, the tenant may obtain relief as provided by this section. In this subchapter: (1) "Doorknob lock" means a lock in a doorknob, with the lock operated from the exterior by a key, card, or combination and from the interior without a key, card, or combination. COMMERCIAL TENANCIES . Acts 1983, 68th Leg., p. 3641, ch. Added by Acts 1989, 71st Leg., ch. 322 (H.B. LANDLORD LIABILITY AND TENANT REMEDIES; NOTICE AND TIME FOR REPAIR. DEFINITIONS. (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. 1109), Sec. Aug. 28, 1989. 92.2611. 1, eff. (C) located on the same lot or tract or adjacent lots or tracts of land. Sec. Sept. 1, 1995. 576, Sec. The reconnection fee must be computed based on the average cost to the landlord for the expenses associated with the reconnection, but may not exceed $10. This duty does not exist with respect to damage or a malfunction caused by the tenant, the tenant's family, or the tenant's guests or invitees during the term of the lease or a renewal or extension, except that the landlord has a duty to repair or replace the smoke alarm if the tenant pays in advance the reasonable repair or replacement cost, including labor, materials, taxes, and overhead. (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. 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. 1, eff. (5) a keyless bolting device and a door viewer on each exterior door of the dwelling. (c) When deducting for the tenant's payment of the landlord's utility bill under this section, the tenant shall submit to the landlord a copy of a receipt from the utility company which evidences the amount of payment made by the tenant to reconnect or avert cutoff of utilities. 1, eff. (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. 3652, ch. (a) At the time an applicant is provided with a rental application, the landlord shall make available to the applicant printed notice of the landlord's tenant selection criteria and the grounds for which the rental application may be denied, including the applicant's: (5) failure to provide accurate or complete information on the application form. 92.012. (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. (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. 576, Sec. (c) If the property is located in a municipality, the customer shall provide the same notice described by Subsection (b) to the governing body of that municipality by certified mail. 869, Sec. Jan. 1, 1996. APPLICATION OF OTHER LAW; MUNICIPAL REGULATION. 5, eff. (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. Sometimes, the law can only be enforced in court. (2) checking to ensure the fire extinguisher gauge or pressure indicator indicates the correct pressure as recommended by the manufacturer of the fire extinguisher. (c) If the tenant decides to pay a fee in lieu of a security deposit, an agreement to collect the fee must be in writing and signed by: (1) the landlord or the landlord's legal representative; and. Aug. 26, 1985. (C) enter or exit a vehicle on the leased premises or located in a parking area provided by the landlord for tenants or guests. (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. 917 (H.B. 92.301. while common law lays out general guidelines for the process. 576, Sec. (d) Subsections (a) and (b) apply only when a tenant is in possession of a dwelling. Jan. 1, 1984. A TIC typically has no right of survivorship. 801, Sec. 234), Sec. (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. 1399), Sec. 531), Sec. Prop. 3, eff. 18 (S.B. (2) made a notation in the landlord's files of the time, place, and method of providing the notice and the name of the person who delivered the notice by: (A) hand delivery to the tenant or any occupant of the tenant's dwelling over the age of 16 years at the tenant's dwelling; (B) facsimile to a facsimile number the tenant provided to the landlord for the purpose of receiving notices; or. Rent delinquency is not a defense for a violation of Section 92.204. (c) This subchapter does not require the landlord: (1) to furnish utilities from a utility company if as a practical matter the utility lines of the company are not reasonably available; or. 576, Sec. 918, Sec. The key distinction between a tenancy in common and a joint tenancy is that a joint tenancy contains a right of survivorship. Sept. 1, 1999. Acts 2015, 84th Leg., R.S., Ch. For purposes of this subsection, a tenant suffers a substantial loss or damage to personal property if the total cost of repairs to or replacement of the personal property is 50 percent or more of the personal property's market value on the date the flooding occurred. This means that you have the same six-month protection period. January 1, 2008. 2, eff. Sec. (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. 1, eff. The drop bolt system must prevent the door from being opened unless the central plate is lifted off of the doorjamb restraint by a person who is on the interior side of the door. Added by Acts 2015, 84th Leg., R.S., Ch. 475, Sec. Sec. (2) at the time the tenant receives such evidence, the tenant has not yet terminated the lease or filed suit under this section. Acts 2021, 87th Leg., R.S., Ch. 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. 92.208. SUBCHAPTER F. SMOKE ALARMS AND FIRE EXTINGUISHERS. (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. 7.002(o), eff. Added by Acts 2009, 81st Leg., R.S., Ch. 1, eff. 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. 869, Sec. 869, Sec. (2) knows or has reason to know that the requirements of the subsection granting the exemption are not fulfilled. 2, eff. (b) A landlord may not, within six months after the date of the tenant's action under Subsection (a), retaliate against the tenant by: (1) filing an eviction proceeding, except for the grounds stated by Section 92.332; (2) depriving the tenant of the use of the premises, except for reasons authorized by law; (4) increasing the tenant's rent or terminating the tenant's lease; or. Sec. (6) "Required date" means the required date for any acceptance of the applicant under Section 92.352. 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. September 1, 2017. AGENTS FOR DELIVERY OF NOTICE. The tenant must also state orally under oath to the justice the facts of the alleged unlawful utility disconnection. January 1, 2014. Amended by Acts 1993, 73rd Leg., ch. (b) A person may specify in writing in an original lease that the person will guarantee a renewal of the lease only if the original lease states: (1) the last date, as specified by the guarantor, on which the renewal of the lease will renew the obligation of the guarantor; (2) that the guarantor is liable under a renewal of the lease that occurs on or before that date; and. The copy of the rules or policies must be: (2) included in a lease agreement signed by the tenant; or. January 1, 2010. 92.055. Renumbered from Sec. Aug. 31, 1987. (a) A tenant's judicial remedies under Section 92.056 shall include: (1) an order directing the landlord to take reasonable action to repair or remedy the condition; (2) an order reducing the tenant's rent, from the date of the first repair notice, in proportion to the reduced rental value resulting from the condition until the condition is repaired or remedied; (3) a judgment against the landlord for a civil penalty of one month's rent plus $500; (4) a judgment against the landlord for the amount of the tenant's actual damages; and. (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. (c) If the tenant has complied with Subsection (b) and if the justice reasonably believes an unlawful lockout has likely occurred, the justice may issue, ex parte, a writ of reentry that entitles the tenant to immediate and temporary possession of the premises, pending a final hearing on the tenant's sworn complaint for reentry. 946), Sec. (3) "Lease" means any written or oral agreement between a landlord and tenant that establishes or modifies the terms, conditions, rules, or other provisions regarding the use and occupancy of a dwelling. 650, Sec. (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. Sept. 1, 1993. (6) "Tenant" means a person who is authorized by a lease to occupy a dwelling to the exclusion of others and, for the purposes of Subchapters D, E, and F, who is obligated under the lease to pay rent. Added by Acts 1995, 74th Leg., ch. 92.018. The landlord shall have the burden of pleading and proving good faith and continued diligence for subsequent affidavits for delay. 687, Sec. A landlord is entitled to verify the significant financial loss of income in order to determine whether a tenant is entitled to terminate a lease if the tenant has signed a waiver under this section and moves within 30 miles of the dwelling into housing that is not owned or occupied by family or relatives of the tenant or the tenant's dependent. (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. (C) taping the notice to the inside of the main entry door of the tenant's dwelling. (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. 92.110. Added by Acts 1993, 73rd Leg., ch. (a) A landlord may not remove a door, window, or attic hatchway cover or a lock, latch, hinge, hinge pin, doorknob, or other mechanism connected to a door, window, or attic hatchway cover from premises leased to a tenant or remove furniture, fixtures, or appliances furnished by the landlord from premises leased to a tenant unless the landlord removes the item for a bona fide repair or replacement. EFFECT ON OTHER RIGHTS. 588 (S.B. 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. DEFINITIONS. 1186), Sec. (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. Sec. (b) The new owner shall deliver to the tenant a signed statement acknowledging that the new owner has acquired the property and is responsible for the tenant's security deposit and specifying the exact dollar amount of the deposit. On request of the tenant, the landlord shall provide the statement to the tenant by any established means regularly used for written communication between the landlord and the tenant. (a) Not later than the third business day after the date the lease is signed by each party to the lease, a landlord shall provide at least one complete copy of the lease to at least one tenant who is a party to the lease. (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. 1715), Sec. 1, 3, eff. 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. (C) The landlord has expressly or impliedly agreed in the lease to furnish heating or cooling equipment; the equipment is producing inadequate heat or cooled air; and the landlord has been notified in writing by the appropriate local housing, building, or health official or other official having jurisdiction that the lack of heat or cooling materially affects the health or safety of an ordinary tenant. Amended by Acts 1987, 70th Leg., ch. Added by Acts 1989, 71st Leg., ch. The tenant must also state orally under oath to the justice the facts of the alleged unlawful lockout. Jan. 1, 1984. . (c) Disclosure of information to a tenant may be made under Subdivision (1) or (2) of Subsection (b) before the tenant requests the information. 92.332. Acts 2011, 82nd Leg., R.S., Ch. (d) This section does not affect the obligations or liability of the tenant or the tenant's estate under the lease before the lease is terminated under this section, including the liability of the tenant or the tenant's estate for: (2) damages to the leased premises not caused by normal wear and tear. If you have any questions regarding co-ownership of property in Austin, Round Rock, or Pflugerville, contract the real estate and probate attorneys at the Law Office of Farren Sheehan for a consultation. While the tenancy in common exists, a unit owner and the owner's successors in interest have an exclusive right to occupy the portion of the real property that formerly constituted the owner's unit. LIABILITY FOR WITHHOLDING LAST MONTH'S RENT. 3, eff. 952, Sec. Added by Acts 1989, 71st Leg., ch. (2) all other exterior doors have a keyless bolting device installed in accordance with the height, strike plate, and throw requirements of Section 92.154. LANDLORD'S DUTY TO REPAIR OR REMEDY. 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