RESIDENTIAL TENANT'S RIGHT OF RESTORATION AFTER UNLAWFUL UTILITY DISCONNECTION. 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. 1, eff. Sept. 1, 1995. (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. 92.062. (3) a copy of the settled claim that documents payments made by the insurer to the landlord. (k) For purposes of Subsection (j), "significant financial loss of income" means a reduction of 10 percent or more of the tenant's household income caused by the tenant's military service. Amended by Acts 1989, 71st Leg., ch. Sec. (b) A tenant may not unilaterally terminate the lease under Subsection (a)(2) or file suit against the landlord to obtain a judgment under Subsection (a)(4) unless the landlord does not comply on or before the seventh day after the date the written request for compliance is received if the lease includes language underlined or in boldface print that in substance provides the tenant with notice that: (1) the landlord at the landlord's expense is required to equip the dwelling, when the tenant takes possession, with the security devices described by Sections 92.153(a)(1)-(4) and (6); (2) the landlord is not required to install a doorknob lock or keyed dead bolt at the landlord's expense if the exterior doors meet the requirements of Section 92.153(f); (3) the landlord is not required to install a keyless bolting device at the landlord's expense on an exterior door if the landlord is expressly required or permitted to periodically check on the well-being or health of the tenant as provided by Section 92.153(e)(3); and. Sec. (e) A landlord and a tenant may agree for the tenant to repair or remedy, at the tenant's expense, any condition covered by Subchapter B if all of the following conditions are met: (1) at the beginning of the lease term the landlord owns only one rental dwelling; (2) at the beginning of the lease term the dwelling is free from any condition which would materially affect the physical health or safety of an ordinary tenant; (3) at the beginning of the lease term the landlord has no reason to believe that any condition described in Subdivision (2) of this subsection is likely to occur or recur during the tenant's lease term or during a renewal or extension; and. These concurrent estates are similar, but have key distinctions which can have significant effects when it comes to issues of inheritance. Texas Property Code Sec. Jan. 1, 1996. Amended by Acts 1989, 71st Leg., ch. (a) A landlord has a defense to liability under Section 92.165 if on the date the tenant terminates the lease or files suit the tenant has not fully paid costs requested by the landlord and authorized by this subchapter. 92.204. (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. (a) For purposes of this section: (1) "Family violence" has the meaning assigned by Section 71.004, Family Code. 1, eff. 588 (S.B. (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. 337 (H.B. (g) Except as provided by Subsection (h), a fee collected under this section is a security deposit for purposes of this chapter. Added by Acts 2007, 80th Leg., R.S., Ch. (g) eff. (b) A management company or managing agent who is not the owner of a dwelling and who has not purported to be the owner in the lease has a defense to liability under Sections 92.164 and 92.165 if before the date the tenant is in possession of the dwelling or the date of the tenant's request for installation, repair, replacement, change, or rekeying and before any property damage or personal injury to the tenant, the management company or managing agent: (1) did not have funds of the dwelling owner in its possession or control with which to comply with this subchapter; (2) made written request to the dwelling owner that the owner fund and allow installation, repair, change, replacement, or rekeying of security devices as required under this subchapter and mailed the request, certified mail return receipt requested, to the dwelling owner; and. Added by Acts 2013, 83rd Leg., R.S., Ch. CHAPTER 93. (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. 92.333. (b) A landlord is not required to provide the notice under Subsection (a) if the tenant has not given the landlord the tenant's forwarding address as provided by Section 92.107. 3101), Sec. Sec. 1, eff. (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. 576, Sec. 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. Jan. 1, 1996. TENANT'S REMEDY ON NOTICE FROM MANAGEMENT COMPANY. A sheriff or constable may use reasonable force in executing a writ of reentry under this section. Sec. 600 (H.B. This defense includes the . DEFINITIONS. This severance remedy is known as "Partition" and is available under Chapter 23 of the Texas Property Code. 1198 (S.B. Jan. 1, 1984. Sept. 1, 1995; Acts 1995, 74th Leg., ch. (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. (2) 48 inches from the floor, if installed on or after September 1, 1993. The justice may defer payment of the tenant's filing fees and service costs for the sworn complaint for restoration of utility service and writ of restoration of utility service. Sept. 1, 1993. (a) Except as provided by Subsections (b) and (c), a landlord must comply with a tenant's request for rekeying, changing, installing, repairing, or replacing a security device under Section 92.156, 92.157, or 92.158 within a reasonable time. The landlord shall have the burden of pleading and proving good faith and continued diligence for subsequent affidavits for delay. (b) Unless the condition was caused by normal wear and tear, the landlord does not have a duty during the lease term or a renewal or extension to repair or remedy a condition caused by: (2) a lawful occupant in the tenant's dwelling; (3) a member of the tenant's family; or. 92.108. Prop. (b) If more than one tenant is a party to the lease, not later than the third business day after the date a landlord receives a written request for a copy of a lease from a tenant who has not received a copy of the lease under Subsection (a), the landlord shall provide one complete copy of the lease to the requesting tenant. Jan. 1, 1996. 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). Acts 2007, 80th Leg., R.S., Ch. (c) An individual who owns or leases a dwelling within 3,000 feet of a dwelling as to which a landlord has violated this section, or a governmental entity or civic association acting on behalf of the individual, may file suit against a landlord to enjoin the violation. (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. 4173), Sec. (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. LIABILITY OF LANDLORD. Jan. 1, 1996. PROP. Tenant . (b) A tenant who is a servicemember or a dependent of a servicemember may vacate the dwelling leased by the tenant and avoid liability for future rent and all other sums due under the lease for terminating the lease and vacating the dwelling before the end of the lease term if: (1) the lease was executed by or on behalf of a person who, after executing the lease or during the term of the lease, enters military service; or. 1205, Sec. 21.001, eff. Sec. 576, Sec. 92.158 and amended 2001, 77th Leg., ch. 221 (H.B. Property and real estate laws also include zoning regulations, which determine which kinds of structures may be built in a given location. The landlord has the burden of proving that the tenant received a copy of the rule or policy change. (C) an advocate as defined by Section 93.001, Family Code, who assisted the victim. 1, eff. (e) If the landlord rejects an applicant and the landlord has not made the notice required by Subsection (a) available, the landlord shall return the application fee and any application deposit. January 1, 2022. Added by Acts 2007, 80th Leg., R.S., Ch. 16, eff. Added by Acts 2019, 86th Leg., R.S., Ch. Amended by Acts 1995, 74th Leg., ch. (b) A tenant may, without request from the landlord, provide the landlord with the information in Subsection (a). (e) A landlord who violates Subsection (b) or (d) is liable to the tenant for an amount equal to the total of one month's rent plus $100 and attorney's fees. Instead the parties must agree, in writing, to include a right of survivorship. 1086), Sec. (b) At a tenant's request made before January 1, 1995, a landlord, at the tenant's expense, shall install on an exterior door of a dwelling constructed before September 1, 1993: (1) a keyless bolting device if the door does not have a keyless bolting device; and. (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. (2) a sliding door handle latch or sliding door security bar if the door is an exterior sliding glass door without a sliding door handle latch or sliding door security bar. A tenant or occupant in the dwelling is over age 55 or has a physical or mental disability. 1, eff. Room near: Texas City Terminal Junction, Hitchcock Galveston County TX . FEE IN LIEU OF SECURITY DEPOSIT. 3, eff. Sec. 4, eff. Sec. So one key difference between a tenancy in common and other forms of concurrent ownership is that the code tenants can have different ownership interests in the land. 3, eff. Tenant-In-Common, or TIC, is a legal ownership structure wherein multiple 1031 exchange investors co-own individual undivided interests in real property assets. Sept. 1, 1989. (a) Except as provided by Section 92.107, the landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises. (c) If the rules or policies are contained in the lease agreement or an attachment to the lease agreement, the title to the paragraph containing the rules or policies must read "Parking" or "Parking Rules" and be capitalized, underlined, or printed in bold print. 5, eff. LEASE WITHOUT SECURITY DEPOSIT; REQUIRED NOTICE. 17.001(a), eff. (3) changing the door locks on the door to the tenant's individual unit of a tenant who is delinquent in paying at least part of the rent. 5 baths + 2 kitchens. 1349 (H.B. Added by Acts 1995, 74th Leg., ch. 200, Sec. (2) the landlord has given notice to the tenant that the landlord intends to exercise the landlord's remedies under this subchapter if the tenant does not reconnect, repair, or replace the smoke alarm or replace the removed battery within seven days after being notified by the landlord to do so. 5, eff. 744, Sec. 650, Sec. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 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. - landlord must give written notice within 6 months after the right to terminate arises. (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. 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. 2, eff. TENANT REMEDIES FOR OTHER LANDLORD VIOLATIONS. 92.154. 92.156. 94.005. This means that if the property is real estate, no tenant can exclude any other tenant from any part of the property. Jan. 1, 1996. Jan. 1, 1984. 576, Sec. Sec. 1120), Sec. 9, eff. (i) For purposes of Subsections (c) and (c-1), a tenant who is a parent or guardian of a victim described by those subsections must reside with the victim to exercise the rights established by this section. Renumbered from Sec. 357, Sec. Acts 2007, 80th Leg., R.S., Ch. Amended by Acts 1985, 69th Leg., ch. (2) at the time the tenant receives such evidence, the tenant has not yet terminated the lease or filed suit under this section. Sec. January 1, 2016. 91.002 by Acts 1987, 70th Leg., ch. 1060 (H.B. If the tenant's rent payment to the landlord is subsidized in whole or in part by a governmental entity, the civil penalty granted under this section shall reflect the fair market rent of the dwelling plus $500. 650, Sec. 91.002 and amended by Acts 1989, 71st Leg., ch. 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. September 1, 2007. The hearing shall be held not earlier than the first day and not later than the seventh day after the date the landlord requests a hearing. This type of ownership is common among unmarried individuals when one contributes . 92.058. Pflugerville, TX 78660. 744, Sec. When one co-owner dies, the interest . 1, 3, eff. An experienced Texas real estate litigation attorney can assist you with negotiating or modifying a commercial lease. (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. A provision of a rental application that purports to waive a right or exempt a party from a liability or duty under this subchapter is void. LIABILITY OF TENANT FOR GOVERNMENTAL FINES. (7) "Landlord" means a dwelling owner, lessor, sublessor, management company, or managing agent, including an on-site manager. LANDLORD AFFIDAVIT FOR DELAY. INTERRUPTION OF UTILITIES. 5. (d) The requirements of this section do not apply to a keyed dead bolt or a keyless bolting device in one door of a pair of French doors that is installed in accordance with the requirements of Section 92.153(b)(1) or (2). Aug. 28, 1989; Acts 1993, 73rd Leg., ch. (6) unilateral termination of the lease without a court proceeding if the landlord violates Section 92.259(a)(2). (f) Affidavits for delay by a landlord under this section must be submitted in good faith. The nonprevailing party in a suit under this section is liable to the prevailing party for reasonable attorney's fees and court costs. 31.01(71), eff. 234), Sec. Acts 2015, 84th Leg., R.S., Ch. (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. 1, eff. Acts 2015, 84th Leg., R.S., Ch. (d) This section does not release a guarantor from the obligations of the guarantor under the terms of the original lease or a valid renewal for costs and damages owed to the lessor that arise after the date specified by the guarantor in the original lease in accordance with Subsection (b), if the costs or damages relate to actions of the tenant before that date or arise as a result of the tenant refusing to vacate the leased premises. 9, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 1, eff. (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. Jan. 1, 1984. (f) If the landlord fails to request a hearing on the tenant's sworn complaint for restoration of utility service before the eighth day after the date of service of the writ of restoration of utility service on the landlord under Subsection (d), a judgment for court costs may be rendered against the landlord. 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. (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. (a) A landlord shall give prior written notice to a tenant regarding a landlord rule or policy change that is not included in the lease agreement and that will affect any personal property owned by the tenant that is located outside the tenant's dwelling. 576, Sec. 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. Jan. 1, 1996. (2) the landlord may not allow reoccupancy or reconnection of utilities by separate meter within six months after the date the tenant moves out. (b) A landlord may allow an occupancy rate of more than three adult tenants per bedroom: (1) to the extent that the landlord is required by a state or federal fair housing law to allow a higher occupancy rate; or. (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). 83), 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. Acts 2011, 82nd Leg., R.S., Ch. We will always provide free access to the current law. What Does The Texas Landlord And Tenant Act Cover? The primary characteristics of a tenancy in common are: Each tenant in common holds a separate and undivided interest in the property. SUBCHAPTER F. SMOKE ALARMS AND FIRE EXTINGUISHERS. Renumbered from Property Code Sec. The term includes double-hinged patio doors. 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. Sec. (c) A tenant or a governmental entity or civic association acting on the tenant's behalf may file suit against a landlord to enjoin a violation of this section. APPLICATION OF SUBCHAPTER. manufactured home living, but landlords may place limitations on meetings by tenants in common area facilities. 5, eff. If on a ceiling, it must be no closer than six inches to a wall or otherwise located in accordance with the manufacturer's installation instructions. This means they each person owns an undivided one-half interest in the property, but there is no automatic right of survivorship. 92.056. Sec. Aug. 28, 1989. (h) A security device required by this section must be operable throughout the time a tenant is in possession of a dwelling. Renumbered from Property Code Sec. (a) Except as provided by Subsections (b), (e), (f), (g), and (h) and without necessity of request by the tenant, a dwelling must be equipped with: (1) a window latch on each exterior window of the dwelling; (2) a doorknob lock or keyed dead bolt on each exterior door; (3) a sliding door pin lock on each exterior sliding glass door of the dwelling; (4) a sliding door handle latch or a sliding door security bar on each exterior sliding glass door of the dwelling; and. Acts 1983, 68th Leg., p. 3638, ch. RESIDENTIAL TENANT'S RIGHT OF REENTRY AFTER UNLAWFUL LOCKOUT. 7, eff. (4) a judgment against the landlord for court costs and attorney's fees. (2) The tenant has given notice to the landlord as required by Section 92.056(b)(1), and, if required, a subsequent notice under Section 92.056(b)(3), and at least one of those notices states that the tenant intends to repair or remedy the condition. Sec. 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