Sec. 1, eff. During the lease term and any renewal period, a landlord shall repair or replace a security device on request or notification by the tenant that the security device is inoperable or in need of repair or replacement. This type of ownership is common among unmarried individuals when one contributes . Added by Acts 2005, 79th Leg., Ch. Sec. Search Texas Statutes. 31.01(71), eff. 1, 3, eff. The owners may own the property either as tenants in common or as joint tenants with right of survivorship. GENERAL PROVISIONS. A reasonable time for purposes of this subsection is presumed to be not later than the seventh day after the date the request is received by the landlord. Acts 2009, 81st Leg., R.S., Ch. Added by Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1995. 92.352. (n) If a delinquent electric bill is paid, or a deferred payment plan is entered into, during normal business hours, the landlord shall reconnect the tenant's electric service within two hours of payment or entry into the deferred payment plan. (4) "Normal wear and tear" means deterioration that results from the intended use of a dwelling, including, for the purposes of Subchapters B and D, breakage or malfunction due to age or deteriorated condition, but the term does not include deterioration that results from negligence, carelessness, accident, or abuse of the premises, equipment, or chattels by the tenant, by a member of the tenant's household, or by a guest or invitee of the tenant. (m) If an insurer seeks reimbursement under Subsection (l)(2), the insurer must include in the reimbursement demand: (1) evidence of damages or unpaid rent that the landlord submitted to the insurer; (2) evidence of damage repair costs that the landlord submitted to the insurer; and. 1, eff. 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. (c) The acknowledgment required by Subsection (b) must include a statement substantively equivalent to the following: "Signing this acknowledgment indicates that you have had the opportunity to review the landlord's tenant selection criteria. Jan. 1, 1984. 1168), Sec. 650, Sec. (c) A landlord may require a tenant to pay in advance charges for which the tenant is liable under this subchapter if a written lease authorizes the landlord to require advance payment, and the landlord notifies the tenant within a reasonable time after the tenant's request that advance payment is required, and: (1) the tenant is more than 30 days delinquent in reimbursing the landlord for charges to which the landlord is entitled under Subsection (b); or. (2) "Occupant" means a person who has the landlord's consent to occupy a dwelling but has no obligation to pay the rent for the dwelling. (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. 94.006(a). 576, Sec. SUBCHAPTER A. 92.055. January 1, 2014. Added by Acts 2007, 80th Leg., R.S., Ch. 92.013 by Acts 2001, 77th Leg., ch. 576, Sec. LIABILITY OF LANDLORD. 689, Sec. This means they each person owns an undivided one-half interest in the property, but there is no automatic right of survivorship. LANDLORD'S DUTY TO REPAIR OR REPLACE SECURITY DEVICE. Jan. 1, 1984. A tenant's guest or invitee who suffers damage because the tenant removed a battery without immediately replacing it with a working battery or because the tenant knowingly disconnected or intentionally damaged the smoke alarm, causing it to malfunction, may recover a judgment against the tenant for the damage. Sept. 1, 2001. (c) Affidavits under this section may delay repair by the tenant for: (1) 15 days if the landlord's failure to repair is caused by a delay in obtaining necessary parts for which the landlord is not at fault; or. CODE 23.001. 1168), Sec. (2) for a dwelling unit that is a one-family or two-family dwelling unit, installs smoke detectors in compliance with Chapter 766, Health and Safety Code. Acts 1983, 68th Leg., p. 3649, ch. (4) failure to pay an electric bill disputed by the tenant, unless the landlord has conducted an investigation as required by the particular case and reported the results in writing to the tenant. (3) the landlord is expressly required or permitted to periodically check on the well-being or health of the tenant as a part of a written lease or other written agreement. (d) The tenant's notice under Subsection (a) must be in writing only if the tenant's lease is in writing and requires written notice. REMOVAL OR ALTERATION OF SECURITY DEVICE BY TENANT. (a) A landlord shall install at least one smoke alarm in each separate bedroom in a dwelling unit. 92.004. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING CERTAIN DECISIONS RELATED TO MILITARY SERVICE. (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. 2, eff. 4, eff. 869, Sec. (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. 1, eff. OBLIGATION TO REFUND. (6) the tenant holds over and the landlord's notice of termination is motivated by a good faith belief that the tenant, a member of the tenant's family, or a guest or invitee of the tenant might: (A) adversely affect the quiet enjoyment by other tenants or neighbors; (B) materially affect the health or safety of the landlord, other tenants, or neighbors; or. 1, eff. 257 (H.B. - statute gives landlord the right to terminate a lease executed or renewed after June 15, 1981 and tenant is convicted under the "indecency" provision of the Texas Penal Code and appeals have been exhausted. 1, eff. (b) If a tenant files or prosecutes a suit under this subchapter in bad faith, the landlord may recover possession of the dwelling unit and may recover from the tenant a civil penalty of one month's rent plus $500, court costs, and reasonable attorney's fees. 576, Sec. Sept. 1, 1987; Acts 1997, 75th Leg., ch. Each party may freely sell, devise, lease, or otherwise transfer their interest in the property. January 1, 2006. 1, eff. (c) The tenant's claim to the security deposit takes priority over the claim of any creditor of the landlord, including a trustee in bankruptcy. 234), Sec. (h) If a writ of possession is issued, it supersedes a writ of restoration of utility service. 576, Sec. (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. EMERGENCY PHONE NUMBER. Repairs may not be made to the foundation or load-bearing structural elements of the building if it contains two or more dwelling units. January 1, 2008. 3167), Sec. AGENTS FOR DELIVERY OF NOTICE. 357, Sec. (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. 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. (b) A keyed dead bolt or a keyless bolting device described in Section 92.151(6)(A) or (B) in a dwelling must: (1) have a strike plate screwed into the portion of the doorjamb surface that faces the edge of the door when the door is closed; or. Jan. 1, 1984. Sec. A security device that is installed, changed, or rekeyed under this subchapter becomes a fixture of the dwelling. A joint tenants interest is therefore not freely devisable in a will. 92.008 Williamson v. Howard Texas Property Code Ac. (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. In this subchapter: (1) "Bedroom" means a room designed with the intent that it be used for sleeping purposes. Added by Acts 1989, 71st Leg., ch. January 1, 2008. PROPERTY CODE. Jan. 1, 1984. 593 (S.B. (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) 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. 683, Sec. Sept. 1, 1993. Sept. 1, 1989. 200, Sec. LANDLORD'S DEFENSES. Acts 2011, 82nd Leg., R.S., Ch. 918, Sec. (C) enter or exit a vehicle on the leased premises or located in a parking area provided by the landlord for tenants or guests. 869, Sec. Sec. With tenancy in common two or more persons hold title to real estate jointly. EXEMPTIONS. Call Us For Immediate Service - 1 (817)-274-1800 Facebook Twitter Google+ Pinterest Better Business Bureau Sec. The following are deeds that are used for transfer of real property in Texas: Texas Deed Transfer Sec. 92.262. 869, Sec. 1, eff. January 1, 2010. Jan. 1, 1984. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 8, eff. 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. (a) A landlord is liable according to this subchapter if: (1) the landlord did not install a smoke alarm at the time of initial occupancy by the tenant as required by this subchapter or a municipal ordinance permitted by this subchapter; or. (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. Law Office of Farren Sheehan for a consultation. 92.254. Sept. 1, 1993. Jan. 1, 1984. The deferred payment plan must allow the tenant to pay the outstanding electric bill in installments that extend beyond the due date of the next electric bill and must provide that the delinquent amount may be paid in equal installments over a period equal to at least three electric service billing cycles. 31.01(71), eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. If the dwelling has no mailbox and has a keyless bolting device, alarm system, or dangerous animal that prevents the landlord from entering the premises to leave the notice on the inside of the main entry door, the landlord may securely affix the notice on the outside of the main entry door. 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. January 1, 2020. 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. 92.1041. (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. (3) not later than the third day after the date of receipt of the tenant's request, provided the tenant with a written notice: (A) stating that the management company or managing agent has taken the actions in Subdivisions (1) and (2); (B) stating that the owner has not provided or will not provide the necessary funds; and. 1293), Sec. Jan. 1, 1984. (b) After a tenant receives the notice and moves out: (1) the local health officer or building inspector may not allow occupancy of or utility service by separate meter to the rental unit until the officer certifies that he knows of no condition that materially affects the physical health or safety of an ordinary tenant; and. (d) A landlord may not continue to prosecute and a court shall abate an action to enforce the lease, other than an action for nonpayment of rent, only until the landlord provides to a tenant a complete copy of the lease if the tenant submits to the court evidence in a plea in abatement or otherwise that the landlord failed to comply with Subsection (a) or (b). Sec. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. (l) This section does not affect the ability of a landlord to pursue other available remedies, including the remedies provided by Chapter 24. (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. If the justice finds, after considering the evidence at the hearing, that the person has directly or indirectly disobeyed the writ, the justice may commit the person to jail without bail until the person purges himself of the contempt in a manner and form as the justice may direct. 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. (c) A landlord who fails to give notice as required by this section is liable to the tenant for any expense incurred by the tenant as a result of the landlord's failure to give the notice. 18 (S.B. 1, eff. Amended as Sec. Sec. 177), Sec. The Property Code thoroughly addresses most situations which can arise between a landlord and tenant, e.g., a landlord's duty to repair; when and under what circumstances a tenant may resort to self-help in getting repairs; when and under . Redesignated from Property Code Sec. Acts 2015, 84th Leg., R.S., Ch. (3) leaving the notice inside the dwelling in a conspicuous place if notice in that manner is authorized in a written lease. The tenant has no choice but to leave the premises before the end of the notice period. Added by Acts 2005, 79th Leg., Ch. 1205, Sec. (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. In this blog we'll discuss some of the primary differences between tenancy in common (TIC) and community property ownership since the manner in which title is vested has important legal and taxation ramifications for property owners. The notice must include the following text in both English and Spanish: "Notice to residents of (name and address of nonsubmetered master metered multifamily property): Electric (or gas) service to this property is scheduled for disconnection on (date) because (reason for disconnection).". (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. (B) does not increase the guarantor's potential financial obligation for rent that existed under the original lease. (a) A landlord shall disclose to a tenant, or to any government official or employee acting in an official capacity, according to this subchapter: (1) the name and either a street or post office box address of the holder of record title, according to the deed records in the county clerk's office, of the dwelling rented by the tenant or inquired about by the government official or employee acting in an official capacity; and. Acts 1983, 68th Leg., p. 3637, ch. 92.261. 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. 348 (S.B. Renumbered from Property Code Sec. 1, eff. Amended by Acts 1989, 71st Leg., ch. 92.023. 475, Sec. 869, Sec. Sec. (3) of the charges for each option described by Subdivision (1) or (2). At Lindquist Wood Edwards LLP, we represent both commercial landlords and tenants in a variety of legal matters. (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. 357, Sec. 1, eff. Amended by Acts 1993, 73rd Leg., ch. (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. 92.334 by Acts 1997, 75th Leg., ch. LIABILITY OF TENANT FOR GOVERNMENTAL FINES. A landlord's failure to respond does not affect the tenant's liability for any late fee owed to the landlord. (4) a smoke alarm powered by alternating current was required by lawful city ordinance at the time of initial construction of the unit. 92.1641. 3, eff. Sec. 17, eff. 92.107. (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. Sept. 1, 1995. (3) included in an attachment to the lease agreement that is signed by the tenant, but only if the attachment is expressly referred to in the lease agreement. 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). (b) A governmental body whose official or employee has requested information from a landlord who is liable under Section 92.202 or 92.204 may obtain or exercise one or more of the following remedies: (2) a judgment against the landlord for an amount equal to the governmental body's actual costs in discovering the information required to be disclosed by this subchapter; (3) a judgment against the landlord for $500; and. This subchapter does not impose obligations on a landlord or tenant other than those expressly stated in this subchapter. CLOSING THE RENTAL PREMISES. by a joint tenancy with a right of survivorship; or (D) by any other survivorship agreement in which the interest of the decedent passes to a surviving . A security deposit is any advance of money, other than a rental application deposit or an advance payment of rent, that is intended primarily to secure performance under a lease of a dwelling that has been entered into by a landlord and a tenant. The key distinction between a tenancy in common and a joint tenancy is that a joint tenancy contains a right of survivorship. BURDEN OF PROOF. 3, eff. If a landlord removes any of the items listed in this subsection for a bona fide repair or replacement, the repair or replacement must be promptly performed. 1, eff. September 1, 2021. Tex. 576, 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. 5, eff. (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. 34, eff. is a condo located in Franklin County and the 43123 ZIP Code. Sec. STATEMENT OF LATE FEES. 576, Sec. Sec. Sec. (5) unilateral termination of the lease without a court proceeding. (o) A landlord may not interrupt or cause the interruption of electric service under Subsection (h) for any of the following reasons: (1) a delinquency in payment for electric service furnished to a previous tenant; (2) failure to pay non-electric bills, rent, or other fees; (3) failure to pay electric bills that are six or more months delinquent; or.
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