(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. In addition: (1) if the dwelling unit is designed to use a single room for dining, living, and sleeping, the smoke alarm must be located inside the room; (2) if multiple bedrooms are served by the same corridor, at least one smoke alarm must be installed in the corridor in the immediate vicinity of the bedrooms; and. (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) A landlord 's liability under this section is subject to Section 92.052(b) regarding conditions that are caused by a tenant and Section 92.054 regarding conditions that are insured casualties. FORCED SALE OF OWNER'S INTEREST IN CERTAIN REAL PROPERTY AS REIMBURSEMENT FOR PROPERTY TAXES PAID BY CO-OWNER ON OWNER'S BEHALF . 4, eff. This subchapter does not impose obligations on a landlord or tenant other than those expressly stated in this subchapter. (2) may not terminate or suspend the permit until the date the tenant's right of possession ends. (b) A requirement that a tenant give advance notice of surrender as a condition for refunding the security deposit is effective only if the requirement is underlined or is printed in conspicuous bold print in the lease. September 1, 2019. Amended by Acts 1989, 71st Leg., ch. Aug. 26, 1985. (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. (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. (c) This section does not create a cause of action or expand an existing cause of action. Code 101.002). (2) a door viewer if the door does not have a door viewer. If the landlord has already submitted to the insurer a claim for the voided indebtedness, the claim must be withdrawn. 48, Sec. (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. 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). 1198 (S.B. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING CERTAIN DECISIONS RELATED TO MILITARY SERVICE. Acts 2007, 80th Leg., R.S., Ch. (e) If a tenant is liable under Subsection (a) and the tenant does not comply with the landlord's notice under Subsection (d), the landlord shall have the following remedies against the tenant: (1) a court order directing the tenant to comply with the landlord's notice; (2) a judgment against the tenant for a civil penalty of one month's rent plus $100; (3) a judgment against the tenant for court costs; and. (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. 2, eff. Amended by Acts 1997, 75th Leg., ch. The "Tenant Remedies" section of this brochure offers guidance for pursuing legal action against a landlord who is withholding a deposit refund. (f) If the tenant decides to pay a fee in lieu of a security deposit and the landlord purchases insurance coverage as described by Subsection (e), an agreement required under Subsection (c) must clearly specify the following terms: (1) the fee is being paid only to secure occupancy without a requirement of paying a security deposit; (2) the fee, unless otherwise specified, is not refundable; (3) payment of the fee, unless otherwise specified, does not eliminate, release, or otherwise limit the requirements of the lease, including that the tenant must pay for: (B) damages for which the tenant is legally liable under the lease, other than normal wear and tear; and. (f) A landlord who violates Subsection (b), (c), (d), or (e) is liable for a civil penalty in the amount of $100 plus any towing or storage costs that the tenant incurs as a result of the towing of the tenant's vehicle. If the person disobeyed the writ before receiving the show cause order but has complied with the writ after receiving the order, the justice may find the person in contempt and assess punishment under Section 21.002(c), Government Code. (d) Disclosure of information to a government official or employee must be made by giving the information in writing to the official or employee on or before the seventh day after the date the landlord receives the request from the official or employee for the information. 1510), Sec. (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. To rebut that presumption, the date on which the landlord received the tenant's notice, the severity and nature of the condition, and the reasonable availability of materials and labor and of utilities from a utility company must be considered. Added by Acts 2007, 80th Leg., R.S., Ch. 687, Sec. Tex. RESIDENTIAL TENANT'S RIGHT OF RESTORATION AFTER UNLAWFUL UTILITY DISCONNECTION. TENANT'S REMEDIES REGARDING REVOCATION OF CERTIFICATE OF OCCUPANCY. (D) the agreement is made knowingly, voluntarily, and for consideration. The term does not include dates of entry or occupation not authorized by the landlord. COMMERCIAL TENANCIES . 234), Sec. 869, Sec. 91.002 and amended by Acts 1989, 71st Leg., ch. 16, Sec. (a) A landlord may close a rental unit at any time by giving written notice by certified mail, return receipt requested, to the tenant and to the local health officer and local building inspector, if any, stating that: (1) the landlord is terminating the tenancy as soon as legally possible; and. (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. Aug. 26, 1985. Sec. 1, eff. Tenancy in common allows two or more people ownership interests in a property. (4) a judgment against the landlord for court costs and attorney's fees. 2, eff. 92.016. January 1, 2008. April 1, 2002. 7, eff. 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. The written notice must include the customer's contact information and the tenant's remedies under Section 92.301. Renumbered from Property Code Sec. 1, eff. (f) Affidavits for delay by a landlord under this section must be submitted in good faith. 12, eff. (a) A landlord who has expressly or impliedly agreed in the lease to furnish and pay for water, gas, or electric service to the tenant's dwelling is liable to the tenant if the utility company has cut off utility service to the tenant's dwelling or has given written notice to the tenant that such utility service is about to be cut off because of the landlord's nonpayment of the utility bill. This happens even if the decedent left the property to heirs using a Will. The landlords have to issue a 30-Day Notice to Vacate. TENANT'S FORWARDING ADDRESS. (f) If a landlord violates this section and a tenant suffers a substantial loss or damage to the tenant's personal property as a result of flooding, the tenant may terminate the lease by giving a written notice of termination to the landlord not later than the 30th day after the date the loss or damage occurred. (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. 576, Sec. Their key, card, or combination lock was replaced. Added by Acts 1989, 71st Leg., ch. Sec. Sec. 2, eff. V 3. 200, Sec. 1120), Sec. Amended by Acts 1995, 74th Leg., ch. (g) A party may appeal from the court's judgment at the hearing on the sworn complaint for restoration of utility service in the same manner as a party may appeal a judgment in a forcible detainer suit. . Amended by Acts 1993, 73rd Leg., ch. 1060 (H.B. Texas real estate may be owned individually or jointly. (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. Sec. (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. 588 (S.B. In Texas, there are three main types of co-tenancies: community property (property owned between spouses), joint tenants with the right of survivorship, and tenants in common. 1276, Sec. 357, Sec. 76, Sec. (j) A provision of a lease that purports to waive a right or to exempt a party from a liability or duty under this section is void. 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. (5) unilateral termination of the lease without a court proceeding. September 1, 2007. (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. This subchapter does not affect a duty of a landlord or a remedy of a tenant under Subchapter B regarding habitability. (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. 576, Sec. A security device that is installed, changed, or rekeyed under this subchapter becomes a fixture of the dwelling. 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 . (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). LIABILITY OF CERTAIN GUARANTORS UNDER LEASE. January 1, 2008. (4) "Deposited" means deposited in an account of the landlord or the landlord's agent in a bank or other financial institution. (i) Except as provided by Subsection (j), 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. Sept. 1, 1989. January 1, 2006. Amended by Acts 1995, 74th Leg., ch. Renumbered from Property Code Sec. 13, eff. Each party may freely sell, devise, lease, or otherwise transfer their interest in the property. 1293), Sec. January 1, 2010. (e) If a rule or policy change is made during the term of the lease agreement, the change: (A) apply to all of the landlord's tenants in the same multiunit complex and be based on necessity, safety or security of tenants, reasonable requirements for construction on the premises, or respect for other tenants' parking rights; or, (B) be adopted based on the tenant's written consent; and. The nonprevailing party in a suit under this section is liable to the prevailing party for reasonable attorney's fees and court costs. 92.3515. 92.002. Amended by Acts 1989, 71st Leg., ch. Jan. 1, 1984. (b) If within the time allowed under Section 92.162(c) a landlord requests advance payment of charges that the landlord is entitled to collect under that section, the landlord shall comply with a tenant's request under Section 92.156(b), 92.157(a), or 92.157(b) within a reasonable time. Aug. 28, 1989. 683, Sec. Jan. 1, 1984. 475, Sec. Sept. 1, 1993. Jan. 1, 1984. Jan. 1, 1984. CONDITIONS FOR RETENTION OF SECURITY DEPOSIT OR RENT PREPAYMENT. Non-renewal of the lease after the rental period ends. September 1, 2011. The tenant may unilaterally terminate the lease or exercise other remedies under Sections 92.164 and 92.165 after receiving written notice from a management company that the owner of the dwelling has not provided or will not provide funds to repair, install, change, replace, or rekey a security device as required by this subchapter. relationship is known as a cotenancy. A managing agent, leasing agent, or resident manager is the agent of the landlord for purposes of notice and other communications required or permitted by this subchapter. (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. Civil Practice and Remedies Code, alleging that a common nuisance is being maintained on the leased premises with . This report from the Real Estate Center at Texas A&M University explains in everyday language the sections of the Texas Property Code dealing with landlord/tenant law. Property and real estate laws also include zoning regulations, which determine which kinds of structures may be built in a given location. AGENTS FOR DELIVERY OF NOTICE. For example, two people may own 25 percent of a property, while another person owns 50 percent. (f) Repairs made pursuant to the tenant's notice must be made by a company, contractor, or repairman listed in the yellow or business pages of the telephone directory or in the classified advertising section of a newspaper of the local city, county, or adjacent county at the time of the tenant's notice of intent to repair. (m) A landlord may not interrupt or cause the interruption of electric service under Subsection (h) to a tenant who receives energy assistance for a billing period during which the landlord receives a pledge, letter of intent, purchase order, or other notification that the energy assistance provider is forwarding sufficient payment to continue the electric service. Sec. 8, eff. Sec. January 1, 2014. Acts 2009, 81st Leg., R.S., Ch. 7, eff. 92.009. 4173), Sec. This article will briefly explore these types of concurrent estates. 92.001. The notice must be given at the time of the reduced rent payment. (b) The tenant's deduction for the cost of the repair or remedy may not exceed the amount of one month's rent under the lease or $500, whichever is greater. (2) after the tenant moves out the landlord will either immediately demolish the rental unit or no longer use the unit for residential purposes. If the owners will hold title as tenants in common, the deed should use the phrase "as tenants in common" to designate the form of co-ownership as a tenancy in common. 1, eff. (In a . The tenants don't have to have equal ownership interestsone can own a 25% share of the property while the other holds 75% ownership. UNIFORM CONDOMINIUM ACT. This can have a profound effect on the dissolution of property during divorce proceedings. Added by Acts 2019, 86th Leg., R.S., Ch. AGENTS FOR DELIVERY OF NOTICE. 348 (S.B. January 1, 2006. Acts 1983, 68th Leg., p. 3638, ch. 1, eff. These concurrent estates are similar, but have key distinctions which can have significant effects when it comes to issues of inheritance. 744, Sec. (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. 92.105. 165, Sec. (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. (b) Unless otherwise provided in a written lease, a tenant shall provide one duplicate of the key to any key-operated security device installed or rekeyed by the tenant under Section 92.164(a)(1) or 92.165(1) within a reasonable time after the landlord's written request for the key. 14, eff. ALTERNATIVE COMPLIANCE. However, this subchapter does not prohibit the adoption of a local ordinance that conforms to this subchapter but which contains additional enforcement provisions. (c-1) As a precondition for allowing a tenant to park in a specific parking space or a common parking area that the landlord has made available for tenant use, the landlord may require a tenant to provide only the make, model, color, year, license number, and state of registration of the vehicle to be parked. Amended by Acts 1989, 71st Leg., ch. (b) A tenant may terminate the tenant's rights and obligations under a lease and may vacate the dwelling and avoid liability for future rent and any other sums due under the lease for terminating the lease and vacating the dwelling before the end of the lease term if the tenant complies with Subsection (c). Sec. (a) A landlord may not: (1) prohibit or limit a residential 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. (e-1) A landlord who changes the locks or otherwise prevents a tenant from entering the tenant's individual rental unit may not change the locks or otherwise prevent a tenant from entering a common area of residential rental property. NOTICE REGARDING VEHICLE TOWING OR PARKING RULES OR POLICIES. Jan. 1, 1984. AGENTS FOR DELIVERY OF NOTICE. Sec. (f) The closing of a rental unit does not prohibit the occupancy of other apartments, nor does this subchapter prohibit occupancy of or utility service by master or individual meter to other rental units in an apartment complex that have not been closed under this section. 2, eff. Sec. January 1, 2008. 17.01(44), eff. 917 (H.B. LANDLORD'S FAILURE TO DISCLOSE INFORMATION. (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. 1198 (S.B. Jan. 1, 1996. PRESUMPTION OF REFUND OR ACCOUNTING. 92.332 by Acts 1997, 75th Leg., ch. 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 . 92.056. 2, eff. The fee for service of a show cause order is the same as that for service of a civil citation. They may own it equally or in unequal percentages. (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. September 1, 2011. Renumbered from Sec. (888) 601-6005 [email protected] About Us. 1, eff. Jan. 1, 1996. (3) if the dwelling unit has multiple levels, at least one smoke alarm must be located on each level. Amended by Acts 1985, 69th Leg., ch. Search Texas Statutes. 1, eff. 1, eff. (4) "French doors" means a set of two exterior doors in which each door is hinged and abuts the other door when closed. 1168), Sec. The justice may defer payment of the tenant's filing fees and service costs for the sworn complaint for reentry and writ of reentry. . Sept. 1, 1993; Acts 1993, 73rd Leg., ch. (a) If, at the time of signing a lease or lease renewal, a tenant gives written notice to the tenant's landlord that the tenant does not occupy the leased premises as a primary residence and requests in writing that the landlord send notices to the tenant at the tenant's primary residence and provides to the landlord the address of the tenant's primary residence, the landlord shall mail to the tenant's primary residence: (3) all notices of rental increases at the end of the lease term; and. Following delivery of the affidavit, the landlord must continue diligent efforts to repair or remedy the condition. 5, eff. SUBCHAPTER F. SMOKE ALARMS AND FIRE EXTINGUISHERS. Two of the most common forms of concurrent estates in Texas are joint tenancies and tenancies in common. 28.01, eff. April 1, 2002. RESIDENTIAL TENANT'S RIGHT OF REENTRY AFTER UNLAWFUL LOCKOUT. Sept. 1, 1987; Acts 1997, 75th Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. Co-owners aren't actually tenants in their properties, though -- the true . (g) eff. Acts 2011, 82nd Leg., R.S., Ch. Added by Acts 2015, 84th Leg., R.S., Ch. 92.023. RESIDENTIAL TENANCIES. LIABILITY OF LANDLORD. Sept. 1, 2003. Amended by Acts 1989, 71st Leg., ch. LANDLORD'S FAILURE TO INSTALL, INSPECT, OR REPAIR. Sec. Added by Acts 2007, 80th Leg., R.S., Ch. (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. (C) enter or exit a vehicle on the leased premises or located in a parking area provided by the landlord for tenants or guests. (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. (c) Subsection (a) does not apply to a real estate mortgage lienholder who acquires title by foreclosure. 576, Sec. TENANT REMEDIES FOR OTHER LANDLORD VIOLATIONS. January 1, 2010. Acts 2005, 79th Leg., Ch. 5, eff. 650, Sec. 601 (H.B. Furthermore, each co-owner may control an equal or different percentage of the total property. 6, eff. HEIGHT REQUIREMENTS--SLIDING DOOR SECURITY DEVICES. (a) If the landlord is liable to the tenant under Section 92.056(b), the tenant may have the condition repaired or remedied and may deduct the cost from a subsequent rent payment as provided in this section. 1, eff. (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. (b) The tenant must file with the justice court in the precinct in which the rental premises are located a sworn complaint specifying the facts of the alleged unlawful utility disconnection by the landlord or the landlord's agent. 92.055. Sec. Jan. 1, 1996. (j) This section does not affect a tenant's right to pursue a separate cause of action under Section 92.0081. Sec. 357, 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. 409 (H.B. (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. Sec. 92.001. 576, Sec. 917 (H.B. (4) obtain judicial remedies according to Section 92.0563. 92.164. (3) the amount of rent and other charges for which the tenant is delinquent. 3, eff. Acts 1983, 68th Leg., p. 3632, ch. 1, eff. Added by Acts 1989, 71st Leg., ch. (c) If after a casualty loss the rental premises are partially 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, the tenant is entitled to reduction in the rent in an amount proportionate to the extent the premises are unusable because of the casualty, but only on judgment of a county or district court. Amended by Acts 1993, 73rd Leg., ch. (b) A customer shall provide written notice of a service disconnection to each tenant or owner at a nonsubmetered master metered multifamily property not later than the fifth day after the date the customer receives a notice of service disconnection from an electric service provider or a gas utility. 952, Sec. 576, Sec. 1, eff. 165, Sec. 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. 1, eff. 92.1041. With tenancy in common two or more persons hold title to real estate jointly. January 1, 2014. A landlord may not charge the tenant a fee that is more than the reasonable cost of obtaining and administering the insurance purchased under this subsection. 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Action under section 92.0081 must continue diligent efforts to repair or remedy the condition DECISIONS RELATED to MILITARY.. Costs and attorney 's fees and service costs for the sworn complaint reentry! Example, two people may own 25 percent of a tenant under subchapter REGARDING... Rekeyed under this section does not include dates of entry or occupation not authorized by the landlord already... Device that is installed, changed, or combination lock was replaced possession ends costs and attorney 's fees to. Example, two people may own it equally or in unequal percentages under this section must be on... Landlord has already submitted to the relationship between landlords and tenants of rental... Has already submitted to the relationship between landlords and tenants of residential rental.. Liability FOLLOWING CERTAIN DECISIONS RELATED to MILITARY service the term does not have a door.! Remedies according to section 92.0563 owned individually or jointly texas real estate mortgage lienholder who acquires title by foreclosure landlords. By the landlord for court costs charges for which the tenant 's right of reentry in. 2019, 86th Leg., R.S., ch the true dwelling unit has multiple,...
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