1, eff. Jan. 1, 1984. (a) The tenant may not withhold payment of any portion of the last month's rent on grounds that the security deposit is security for unpaid rent. 1, eff. Amended by Acts 1989, 71st Leg., ch. (b) A landlord who knowingly violates Section 92.006 by contracting orally or in writing with a tenant to waive the landlord's duty to repair under this subchapter shall be liable to the tenant for actual damages, a civil penalty of one month's rent plus $2,000, and reasonable attorney's fees. PRESUMPTION OF REFUND OR ACCOUNTING. 576, Sec. (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. 600 (H.B. (c) In an action brought by a tenant under this subchapter, the landlord has the burden of proving that the retention of any portion of the security deposit was reasonable. 92.351. (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. 475 (S.B. January 1, 2016. 92.0132. Jan. 1, 1996. 576, Sec. 399), Sec. 576, Sec. 92.331 by Acts 1997, 75th Leg., ch. 1168), Sec. PROP. (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. Search Texas Statutes. (4) The tenant's judicial remedies under Section 92.0563 shall be limited to recovery against the landlord to whom the tenant gave the required notices until the tenant has given the new landlord the notices required by this section and otherwise complied with Section 92.056 as to the new landlord. 5, eff. This type of ownership is common among unmarried individuals when one contributes . . At Lindquist Wood Edwards LLP, we represent both commercial landlords and tenants in a variety of legal matters. Added by Acts 1997, 75th Leg., ch. 650, Sec. Aug. 28, 1989. (j) A landlord may not interrupt or cause the interruption of electric service under Subsection (h) of a tenant who, before the interruption date specified in the notice required by Subsection (h)(3), has: (1) established that the interruption will cause a person residing in the tenant's dwelling to become seriously ill or more seriously ill by having a physician, nurse, nurse practitioner, or other similar licensed health care practitioner attending to the person who is or may become ill provide a written statement to the landlord or a representative of the landlord stating that the person will become seriously ill or more seriously ill if the electric service is interrupted; and. Jan. 1, 1996. Sept. 1, 1993. 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. Acts 2013, 83rd Leg., R.S., Ch. 92.055. 650, Sec. Statutes Title 8, Landlord and Tenant; Chapter 92, Residential Tenancies. 1, eff. 91.002 by Acts 1987, 70th Leg., ch. A sliding door pin lock or sliding door security bar required by this subchapter must be installed at a height not higher than: (1) 54 inches from the floor, if installed before September 1, 1993; or. (3) not entitled to the other repair and deduct remedies under Section 92.0561 or the judicial remedies under Subdivisions (1) and (2) of Subsection (a) of Section 92.0563. Sept. 1, 1993; Acts 1995, 74th Leg., ch. LANDLORD'S DEFENSES RELATING TO INSTALLING OR REKEYING CERTAIN SECURITY DEVICES. 1715), Sec. (C) the landlord, prior to the date of discarding the property, has not been contacted by anyone claiming the property. 14, eff. Renumbered from Property Code Sec. January 1, 2014. CONDOMINIUMS. 3101), Sec. (b) At a minimum, an inspection under this section must include: (1) checking to ensure the fire extinguisher is present; and. 8, eff. (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. 5, eff. (7) "Landlord" means a dwelling owner, lessor, sublessor, management company, or managing agent, including an on-site manager. The governing body of the municipality may provide additional notice to the property's tenants and owners after receipt of the service disconnection notice under this subsection. (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. January 1, 2008. Sec. 1205, Sec. 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. Aug. 26, 1985. 92.011. June 19, 2009. 1120), Sec. (6) "Required date" means the required date for any acceptance of the applicant under Section 92.352. 92.354. 1, eff. 1268 (H.B. 921 (H.B. A landlord's duty to install a smoke alarm under Subchapter F may not be waived, nor may a tenant waive a remedy for the landlord's noninstallation or waive the tenant's limited right of installation and removal. January 1, 2006. Tenants In Common. (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. Acts 1983, 68th Leg., p. 3639, ch. (5) a keyless bolting device and a door viewer on each exterior door of the dwelling. Sec. Each type of co-tenancy provides each owner with a non-exclusive right to use, occupy, and possess . 1, eff. Added by Acts 1995, 74th Leg., ch. The primary characteristics of a tenancy in common are: Each tenant in common holds a separate and undivided interest in the property. (2) the landlord fails to correct the information on or before the seventh day after the date the tenant gives the landlord written notice that the tenant may exercise the remedies under this subchapter if the corrected information is not provided within seven days. . 2, eff. This section does not apply to a security device installed, repaired, changed, replaced, or rekeyed by a tenant under Section 92.164(a)(1) or 92.165(1). Sec. September 1, 2017. 31.01(71), eff. (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. Sec. (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. Jan. 1, 1984. Misuse of or damage to a security device that occurs during the tenant's occupancy is presumed to be caused by the tenant, a family member, an occupant, or a guest. (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. (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. (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. WHEN TENANT'S REQUEST OR NOTICE MUST BE IN WRITING. Sec. 5, eff. Jan. 1, 1984. Sec. "An ouster, in the law of tenancy in common, is the wrongful dispossession or exclusion by one tenant of his cotenant or cotenants from the common property of which they are entitled to possession." [1] Zaslow v. Kroenert (1946) 29 Cal. 1, eff. Jan. 1, 1996. CHAPTER 93. COMMON AREA FACILITIES. 3, eff. 165, Sec. Jan. 1, 1984. Acts 2015, 84th Leg., R.S., Ch. Added by Acts 1999, 76th Leg., ch. 92.165. Aug. 28, 1989. 650, Sec. 348 (S.B. Jan. 1, 1996. June 18, 2005. 938, Sec. 17.001(a), eff. Jan. 1, 1998. 83), Sec. Sec. TENANT REMEDIES. Added by Acts 2009, 81st Leg., R.S., Ch. (c) A fire extinguisher that satisfies the inspection requirements of Subsection (b) at the beginning of a tenant's possession is presumed to be in good working order until the tenant requests an inspection in writing. Acts 2011, 82nd Leg., R.S., Ch. (B) arises from the landlord's failure to provide and maintain in good operating condition a device to supply hot water of a minimum temperature of 120 degrees Fahrenheit. 1, eff. REMEDIES. 576, Sec. In addition to other remedies provided by law, if a landlord retaliates against a tenant under this subchapter, the tenant may recover from the landlord a civil penalty of one month's rent plus $500, actual damages, court costs, and reasonable attorney's fees in an action for recovery of property damages, moving costs, actual expenses, civil penalties, or declaratory or injunctive relief, less any delinquent rents or other sums for which the tenant is liable to the landlord. (3) a copy of the settled claim that documents payments made by the insurer to the landlord. (i) If the landlord or the person on whom a writ of restoration of utility service 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. One of the most common . (a) Except as otherwise provided by Subsection (e), a security device operated by a key, card, or combination shall be rekeyed by the landlord at the landlord's expense not later than the seventh day after each tenant turnover date. SUBCHAPTER A. TENANT'S REMEDIES REGARDING REVOCATION OF CERTIFICATE OF OCCUPANCY. (2) "Door viewer" means a permanently installed device in an exterior door that allows a person inside the dwelling to view a person outside the door. (2) is liable for the tenant's reasonable attorney's fees in a suit to recover the deposit. Sec. (c) If the date of required notice of acceptance or required refund of an application deposit is a Saturday, Sunday, or state or federal holiday, the required date shall be extended to the end of the next day following the Saturday, Sunday, or holiday. LANDLORD AND TENANT. (3) the representative signs an inventory of the removed property, if required by the landlord or the landlord's agent. (a) Except as provided by Subsection (b), the maximum number of adults that a landlord may allow to occupy a dwelling is three times the number of bedrooms in the dwelling. Sec. 3101), Sec. This chapter applies only to the relationship between landlords and tenants of residential rental property. (2) in addition to other remedies available under law, recover from the landlord an amount equal to the sum of the tenant's actual damages, one month's rent plus $1,000, reasonable attorney's fees, and court costs, less any delinquent rents or other sums for which the tenant is liable to the landlord. 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 notice and other communications required or permitted by this subchapter. Tenancy in common allows two or more people ownership interests in a property. Section 4001 et seq.). Sec. REMOVAL OR ALTERATION OF SECURITY DEVICE BY TENANT. Amended by Acts 1995, 74th Leg., ch. 165, Sec. 92.052. Amended by Acts 1989, 71st Leg., ch. 10, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. (5) engaging, in bad faith, in a course of conduct that materially interferes with the tenant's rights under the tenant's lease. 92.252. Sec. 1205, Sec. APPLICATION. Jan. 1, 1984. January 1, 2008. Added by Acts 2015, 84th Leg., R.S., Ch. Sec. 7, eff. The term "keyless bolting device" does not include a chain latch, flip latch, surface-mounted slide bolt, mortise door bolt, surface-mounted barrel bolt, surface-mounted swing bar door guard, spring-loaded nightlatch, foot bolt, or other lock or latch; or. Acts 2015, 84th Leg., R.S., Ch. REPAIR OR CLOSING OF LEASEHOLD. NOTICE OF RULE OR POLICY CHANGE AFFECTING TENANT'S PERSONAL PROPERTY. 34, eff. Except as otherwise provided by this chapter, in this chapter: (1) "Dwelling" means one or more rooms rented for use as a permanent residence under a single lease to one or more tenants. (c) If a landlord or a landlord's agent changes the door lock of a tenant who is delinquent in paying rent, the landlord or the landlord's agent must place a written notice on the tenant's front door stating: (1) an on-site location where the tenant may go 24 hours a day to obtain the new key or a telephone number that is answered 24 hours a day that the tenant may call to have a key delivered within two hours after calling the number; (2) the fact that the landlord must provide the new key to the tenant at any hour, regardless of whether or not the tenant pays any of the delinquent rent; and. Sept. 1, 1989. 92.334 by Acts 1997, 75th Leg., ch. Jan. 1, 1984. Jan. 1, 1996. Sec. Sept. 1, 1997. FEE IN LIEU OF SECURITY DEPOSIT. (a) A landlord may not collect from a tenant a late fee for failing to pay any portion of the tenant's rent unless: (1) notice of the fee is included in a written lease; (3) any portion of the tenant's rent has remained unpaid two full days after the date the rent was originally due. In general, this means that any property acquired by a couple during their marriage (with a few exceptions) is equally owned by both spouses. The landlord has a defense to liability under Section 92.164 if: (1) the tenant has not fully paid all rent then due from the tenant on the date the tenant gives a request under Section 92.157(c) or the notice required by Section 92.164; or. (4) a living unit in an apartment, condominium, cooperative, or townhome project. September 1, 2007. Amended by Acts 1997, 75th Leg., ch. INTERRUPTION OF UTILITIES. Added by Acts 2005, 79th 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. 357, Sec. Sec. Notice by mail may be by regular mail, by registered mail, or by certified mail, return receipt requested. January 1, 2006. Aug. 31, 1987. Texas recognizes two types of co-tenancies: A tenancy in common: The deeded interest descends to the heirs and beneficiaries of the deceased cotenant. September 1, 2011. (f) If a landlord or a landlord's agent violates this section, the tenant may: (1) either recover possession of the premises or terminate the lease; and. (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. January 1, 2008. (2) United States mail, addressed to the applicant and postmarked on or before the required date. January 1, 2010. (4) a temporary residential tenancy created by a contract for sale in which the buyer occupies the property before closing or the seller occupies the property after closing for a specific term not to exceed 90 days. 650, Sec. states: A joint owner or claimant of real property or an interest in real property or a joint owner of personal property may compel a partition of the interest or the property among the joint owners or claimants under this chapter and the Texas Rules of Civil Procedure. 1, eff. 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. PROPERTY CODE. (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. 869, Sec. (f) A tenant's guest or invitee who suffers damage because of a landlord's failure to install, inspect, or repair a smoke alarm as required by this subchapter may recover a judgment against the landlord for the damage. 7, 2021. TENANT'S REPAIR AND DEDUCT REMEDIES. 1275, Sec. 2, eff. DEFINITIONS. The tenant selection criteria may include factors such as criminal history, credit history, current income, and rental history. Jan. 1, 1996. 409 (H.B. (d) A landlord and a tenant may agree for the tenant to repair or remedy, at the landlord's expense, any condition covered by Subchapter B. A landlord who violates this section shall be liable to the tenant for all judicial remedies under Section 92.0563 except that the civil penalty under Subdivision (3) of Subsection (a) of Section 92.0563 shall be one month's rent plus $1,000. Acts 1983, 68th Leg., p. 3653, ch. January 1, 2010. Co-owners aren't actually tenants in their properties, though -- the true . 48, Sec. (d) If the landlord closes the rental unit after the tenant gives the landlord a notice to repair and the tenant moves out on or before the end of the rental term, the landlord must pay the tenant's actual and reasonable moving expenses, refund a pro rata portion of the tenant's rent from the date the tenant moves out, and, if otherwise required by law, return the tenant's security deposit. 846, Sec. CHAPTER 82. (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. 1, eff. Amended by Acts 1989, 71st Leg., ch. 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