(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. (b) If the tenant's lease is in writing, the lease may require the tenant's initial request for information to be written. Added by Acts 1989, 71st Leg., ch. A request by a government official or employee for information must be in writing. 92.011. 5, eff. Jan. 1, 1996. 593 (S.B. 1, eff. Unless the landlord and tenant agree otherwise under Subsection (g) of this section, repairs may not be made by the tenant, the tenant's immediate family, the tenant's employer or employees, or a company in which the tenant has an ownership interest. Acts 1983, 68th Leg., p. 3649, ch. Sept. 1, 1997. (e) If a tenant, after being furnished with a copy of this subchapter, knowingly violates Subsection (a), the landlord shall have no responsibility after the tenant's death for removal, storage, disappearance, damage, or disposition of property in the tenant's leased premises. 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. Amended by Acts 1995, 74th Leg., ch. January 1, 2014. Added by Acts 2019, 86th Leg., R.S., Ch. Venue for an action under this chapter is governed by Section 15.0115, Civil Practice and Remedies Code. 921 (H.B. It also means a "dwelling" as defined by Section 92.001. (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. (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. Renumbered from Property Code Sec. Sept. 1, 1993; Acts 1995, 74th Leg., ch. Jan. 1, 1996. A tenant of a landlord who is liable under Section 92.259 may obtain or exercise one or more of the following remedies: (1) a court order directing the landlord to comply with the tenant's request if the tenant is in possession of the dwelling unit; (2) a judgment against the landlord for damages suffered by the tenant because of the landlord's violation; (3) a judgment against the landlord for a civil penalty of one month's rent plus $100 if the landlord violates Section 92.259(a)(2); (4) a judgment against the landlord for court costs; (5) a judgment against the landlord for attorney's fees in an action under Subdivision (1) or (3); and. 576, Sec. Jan. 1, 1984. 92.021. 92.252. 92.0563. A landlord who in bad faith fails to refund an application fee or deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the amount wrongfully retained, and the applicant's reasonable attorney's fees. Texas Business Corporation Act . Each type of co-tenancy provides each owner with a non-exclusive right to use, occupy, and possess . (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. Added by Acts 1993, 73rd Leg., ch. BURDEN OF PROOF. Disputes can easily arise in any common property ownership situation. 1, eff. Amended by Acts 1995, 74th Leg., ch. The first page of this guide will provide . Each party may freely sell, devise, lease, or otherwise transfer their interest in the property. they can remain a tenant in the property. (4) court costs and attorney's fees arising from any related cause of action by the tenant against the landlord. 4, eff. 257 (H.B. Tenancy in common allows two or more people ownership interests in a property. 92.108. (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. APPLICATION OF OTHER LAW; MUNICIPAL REGULATION. Sec. Jan. 1, 1984. 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. Amended by Acts 1985, 69th Leg., ch. (2) 30 days if the landlord's failure to repair is caused by a general shortage of labor or materials for repair following a natural disaster such as a hurricane, tornado, flood, extended freeze, or widespread windstorm. Austin law firm provides the personal attention that only a small firm can provide - Call Us Now - (512) 355-0155, 1601 Pfennig Lane Sept. 1, 1993. Our Team; Tips; FAQ; . Jan. 1, 1984. Sec. Prop. LANDLORD LIABILITY AND TENANT REMEDIES; NOTICE AND TIME FOR REPAIR. TITLE 8. September 1, 2011. 588 (S.B. 576, Sec. 1205, Sec. (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. 1, eff. CONDITIONS FOR RETENTION OF SECURITY DEPOSIT OR RENT PREPAYMENT. PROPERTY CODE. Pflugerville, TX 78660. Sec. 322 (H.B. 3101), Sec. 1, eff. 1, eff. (C) taping the notice to the inside of the main entry door of the tenant's dwelling. 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. Redesignated from Property Code Sec. 1002), Sec. Sec. 1, eff. PROCEDURES FOR NOTICE OR REFUND. 650, Sec. 1186), 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. 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. (2) 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 Section 92.258. Jan. 1, 1996. Overview. Three, three co tenants can have a 60% 30% and 10% ownership interest in the land. (ii) the interior of the unit provides access for building wiring through an attic, crawl space, or basement without the removal of interior walls or ceiling finishes; (2) an addition occurs to the unit at a projected cost of more than $5,000; (3) a smoke alarm powered by alternating current was actually installed in the unit at any time prior to September 1, 1987; or. Added by Acts 1993, 73rd Leg., ch. 357, Sec. PAYMENT OF CHARGES; LIMITS ON AMOUNT CHARGED. (b) At a minimum, an inspection under this section must include: (1) checking to ensure the fire extinguisher is present; and. (a) A landlord shall install at least one smoke alarm in each separate bedroom in a dwelling unit. 1, eff. 7, eff. Jan. 1, 1984. SUBCHAPTER A. (4) a living unit in an apartment, condominium, cooperative, or townhome project. Acts 2013, 83rd Leg., R.S., Ch. 92.157. relationship is known as a cotenancy. 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. 3, eff. (3) "Exterior door" means a door providing access from a dwelling interior to the exterior. Renumbered from Sec. 869, 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. 9, eff. 3, eff. The notice must be given at the time of the reduced rent payment. Sept. 1, 1995. Jan. 1, 1984. (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. 1198 (S.B. (b) A landlord's duties and the tenant's remedies concerning security devices, the landlord's disclosure of ownership and management, or smoke alarms, as provided by Subchapter D, E, or F, respectively, may be enlarged only by specific written agreement. 576, Sec. 2, eff. (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. HEIGHT REQUIREMENTS--SLIDING DOOR SECURITY DEVICES. (2) an earlier date agreed to by the landlord and the tenant. Jan. 1, 1984. 92.264. 1186), Sec. 92.003. 534), Sec. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. (c) A security device required by Subsection (a) or (b) must be installed at the landlord's expense. Added by Acts 2013, 83rd Leg., R.S., Ch. 92.170. Sec. 593 (S.B. 475, Sec. Unlike most states Texas does not automatically recognize joint tenancies as having a right of survivorship. 1099), Sec. (c-1) If the tenant is a victim or a parent or guardian of a victim of stalking under Section 42.072, Penal Code, that takes place during the preceding six-month period on the premises or at any dwelling on the premises, the tenant shall provide to the landlord or the landlord's agent a copy of: (1) documentation of a protective order issued under Subchapter A or B, Chapter 7B, Code of Criminal Procedure, except for a temporary ex parte order; or. (5) unilateral termination of the lease without a court proceeding. (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. 31.01(71), eff. 651 (H.B. Sec. (2) may not use a prospective tenant's choice to pay a fee in lieu of a security deposit or a security deposit as a criterion in the determination of whether to approve an application for occupancy. HARASSMENT. 5, eff. Sec. 92.001. 5. CASH RENTAL PAYMENTS. Sec. Sec. Amended by Acts 1995, 74th Leg., ch. Jan. 1, 1984. U.S.C. A new statute will provide new rights to co-tenant heirs and a new option for the Texas real estate attorneys assisting them. (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. 576, Sec. (b) A landlord who receives a cash rental payment shall: (1) provide the tenant with a written receipt; and. 1448), Sec. (g) Except as provided by Subsection (h), a fee collected under this section is a security deposit for purposes of this chapter. 92.165. Acts 2015, 84th Leg., R.S., Ch. 5, eff. January 1, 2014. 4, eff. (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. A landlord acts in bad faith and is liable according to this subchapter if the landlord gives an incorrect name or address under Subsection (a) of Section 92.201 by wilfully: (1) disclosing incorrect information under Section 92.201(b)(1) or (2) or Section 92.201(d); or. January 1, 2008. 1, eff. LANDLORD'S DEFENSES RELATING TO COMPLIANCE WITH TENANT'S REQUEST. (h) Repairs made pursuant to the tenant's notice must be made in compliance with applicable building codes, including a building permit when required. The writ of restoration of utility service must notify the landlord of the right to a hearing. Sec. LANDLORD'S DEFENSES. If management company employees perform the work, the charge may include reasonable overhead and profit but may not exceed the cost charged to the owner by the management company for comparable security devices installed by management company employees at the owner's request and expense. (c) If the landlord retains all or part of a security deposit under this section, the landlord shall give to the tenant the balance of the security deposit, if any, together with a written description and itemized list of all deductions. (b) The affidavit must summarize the reasons for the delay and the diligent efforts made by the landlord up to the date of the affidavit to get the repairs done. Added by Acts 2007, 80th Leg., R.S., Ch. 1, eff. (2) "Landlord" means the owner, lessor, or sublessor of a dwelling, but does not include a manager or agent of the landlord unless the manager or agent purports to be the owner, lessor, or sublessor in an oral or written lease. 1099), Sec. Jan. 1, 1984. (7) recover court costs and attorney's fees, excluding any attorney's fees for a cause of action for damages relating to a personal injury. (4) the tenant has the right to install or rekey a security device required by this subchapter and deduct the reasonable cost from the tenant's next rent payment, as provided by Subsection (a)(1). (c) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1112 (H.B. (2) after the tenant moves out the landlord will either immediately demolish the rental unit or no longer use the unit for residential purposes. (C) located on the same lot or tract or adjacent lots or tracts of land. TITLE 7. (d) If a landlord changes the vehicle towing or parking rules or policies during the term of the lease agreement, the landlord shall provide written notice of the change to the tenant before the tenant is required to comply with the rule or policy change. 744, Sec. (3) by e-mail if the parties have communicated by e-mail regarding the lease. Sept. 1, 1993. (11) "Security device" means a doorknob lock, door viewer, keyed dead bolt, keyless bolting device, sliding door handle latch, sliding door pin lock, sliding door security bar, or window latch in a dwelling. There are no rights of survivorship among the co-owners, and. Jan. 1, 1984. Sec. Added by Acts 2015, 84th Leg., R.S., Ch. Instead, under Section 101.002 of the Texas Estates Code, the . The notice shall also contain a reasonable description of the intended repair or remedy. (a) In a lawsuit by a tenant under either a written or oral lease for a dwelling or in a suit to enforce a legal obligation of the owner as landlord of the dwelling, the owner's agent for service of process is determined according to this section. 1, 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. Sept. 1, 2003. 1, eff. Acts 2015, 84th Leg., R.S., Ch. 576, Sec. Sept. 1, 1993. (e) Except as provided by Subsection (g), this section does not affect a tenant's liability for delinquent, unpaid rent or other sums owed to the landlord before the lease was terminated by the tenant under this section. (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. PROPERTY CODE. CHAPTER 93. (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. September 1, 2019. The customer must provide the notice by mail to the tenant's or owner's preferred mailing address or hand deliver the notice to the tenant or owner. Sept. 1, 1989; Acts 1989, 71st Leg., ch. (c) This section does not create a cause of action or expand an existing cause of action. Sec. Tenants in Common. (B) a peephole having a barrel with a one-way lens of glass or other substance providing an angle view of not less than 160 degrees. 177), Sec. (f) A keyless bolting device is not required to be installed at the landlord's expense if a tenant or occupant in the dwelling is over 55 years of age or has a physical or mental disability, the tenant requests, in writing, that the landlord deactivate or not install the keyless bolting device, and the tenant certifies in the request that the tenant or occupant is over 55 years of age or has a physical or mental disability. Acts 1983, 68th Leg., p. 3639, ch. Copyright2023, Sheehan Law PLLC. 92.005. CESSATION OF OWNER'S INTEREST. 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