(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. Sec. 92.333 by Acts 1997, 75th Leg., ch. Acts 1983, 68th Leg., p. 3632, ch. 576, Sec. You should seek insurance coverage that would cover losses caused by a flood.". Acts 1983, 68th Leg., p. 3652, ch. 92.167. (a) In this section, "governmental entity" means the state, an agency of the state, or a political subdivision of the state. 3, eff. (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. (c) Except as provided in Subsection (d), in the event of the death of a tenant who is the sole occupant of a rental dwelling: (1) the landlord may remove and store all property found in the tenant's leased premises; (2) the landlord shall turn over possession of the property to the person who was designated by the tenant under Subsection (a) or (b) or to any other person lawfully entitled to the property if the request is made prior to the property being discarded under Subdivision (5); (3) the landlord shall refund the tenant's security deposit, less lawful deductions, including the cost of removing and storing the property, to the person designated under Subsection (a) or (b) or to any other person lawfully entitled to the refund; (4) the landlord may require any person who removes the property from the tenant's leased premises to sign an inventory of the property being removed; and. (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. (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. TERM OF PARKING PERMIT. 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. LANDLORD AFFIDAVIT FOR DELAY. (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. (a) This section applies only to a tenant in a multiunit complex, as that term is defined by Section 92.151. 92.159. Amended by Acts 1997, 75th Leg., ch. 1, eff. (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. 92.057(a) and amended by Acts 1995, 74th Leg., ch. 869, Sec. Amended by Acts 1985, 69th Leg., ch. 1414), Sec. Sept. 1, 1993; Acts 1999, 76th Leg., ch. Sec. For example one may own 30 percent of the property while the other owns 70 percent, but despite those ultimate ownership shares, each owner has the right to occupy and use all of the property while . SECURITY DEPOSIT. Sec. 322 (H.B. Tenants in Common. 1, eff. (a) A smoke alarm must be: (1) designed to detect both the visible and invisible products of combustion; (2) designed with an alarm audible to a person in the bedrooms it serves; and. LANDLORD'S DEFENSES RELATING TO COMPLIANCE WITH TENANT'S REQUEST. Sec. 200, Sec. 1, eff. 305, Sec. A judge may order a landlord to take reasonable steps to repair the problem, according to Section 92.0563 of the Texas Property Code. Jan. 1, 1984. Jan. 1, 1984. Acts 1983, 68th Leg., p. 3635, ch. 5, eff. (c) Subsection (b) does not prohibit a guarantor from voluntarily entering into an agreement at the time of the renewal of a lease, in a separate written document, to guarantee an increased amount of rent. 576, Sec. GENERAL PROVISIONS. (B) to deploy with a military unit for a period of 90 days or more. 576, Sec. It is also regulated by the Texas property code. (b) Except as provided in Subsection (c), a landlord of a tenant who is liable under Subsection (a) may obtain a judgment against the tenant for damages suffered by the landlord because the tenant removed a battery from a smoke alarm without immediately replacing it with a working battery or knowingly disconnected or intentionally damaged the smoke alarm, causing it to malfunction. 1, 3, eff. (i) If the landlord or the person on whom a writ of reentry 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. (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. Tenancy in . 92.0162. 1, eff. (a) If the tenant withholds rents, causes repairs to be performed, or makes rent deductions for repairs in violation of this subchapter, the landlord may recover actual damages from the tenant. Payment of the fee, charge, or other sum of money by a tenant does not waive the right or remedies provided by this section. (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. (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. Acts 1983, 68th Leg., p. 3637, ch. Acts 1983, 68th Leg., p. 3646, ch. The first page of this guide will provide . 92.052. 92.0081 Warehouse Partners v. Gardner (e) The affidavit must be delivered to the tenant by any of the following methods: (2) certified mail, return receipt requested, to the tenant; or. A landlord's failure to respond does not affect the tenant's liability for any late fee owed to the landlord. TENANT'S RIGHT TO SUMMON POLICE OR EMERGENCY ASSISTANCE. (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. Added by Acts 2013, 83rd Leg., R.S., Ch. 1, eff. 5, eff. If the tenant in common died without a will, their share of the property . 650, Sec. Three, three co tenants can have a 60% 30% and 10% ownership interest in the land. Added by Acts 2009, 81st Leg., R.S., Ch. (k) If the tenant challenges the claim for damages or unpaid rent and that challenge results in a determination by the landlord or by a court that the notice of indebtedness is incorrect, the indebtedness is void and the landlord may not file an insurance claim for insurance purchased under Subsection (e) in the amount of the voided indebtedness. 92.0131. January 1, 2008. 357, Sec. CLOSING THE RENTAL PREMISES. RETALIATION BY LANDLORD. Added by Acts 1993, 73rd Leg., ch. (a) A tenant shall notify the landlord of a rent deduction attributable to the tenant's installing, repairing, changing, replacing, or rekeying of a security device under Section 92.164(a)(1) or 92.165(1) after the landlord's failure to comply with this subchapter. 2, eff. 2. 1, eff. 92.203. 324 (S.B. 1772), Sec. (4) affect a local ordinance that requires regular inspections by local officials of smoke alarms in dwelling units and that requires smoke alarms to be operational at the time of inspection. 257 (H.B. Forfeiture of the right to collect damages and charges from the tenant is the exclusive remedy for the failure to provide the proper notice to the tenant. 92.258. But they have different title percentages of ownership. The following are deeds that are used for transfer of real property in Texas: Texas Deed Transfer (a) Except as provided in Subsection (b), a landlord who receives a security deposit or rent prepayment for a dwelling from a tenant who fails to occupy the dwelling according to a lease between the landlord and the tenant may not retain the security deposit or rent prepayment if: (1) the tenant secures a replacement tenant satisfactory to the landlord and the replacement tenant occupies the dwelling on or before the commencement date of the lease; or. 1399), Sec. Added by Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 1997. 576, Sec. 2118), Sec. Sept. 1, 1993. 5, eff. Acts 2007, 80th Leg., R.S., Ch. (e) This section does not apply to a landlord's duty to install or rekey, without necessity of a tenant's request, a security device under Section 92.153 or 92.156(a). (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. 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. 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. LIABILITY OF CERTAIN GUARANTORS UNDER LEASE. 92.153. (4) a living unit in an apartment, condominium, cooperative, or townhome project. 221 (H.B. 1, eff. 1, eff. 576, Sec. Sec. 475 (S.B. Joint tenants also have the right to make improvements to the co-owned property. 3101), Sec. Sept. 1, 1995. (f) 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. Acts 1983, 68th Leg., p. 3650, ch. TENANT'S REMEDY ON NOTICE FROM MANAGEMENT COMPANY. Added by Acts 2013, 83rd Leg., R.S., Ch. (3) tested and listed for use as a smoke alarm by Underwriters Laboratories, Inc., Factory Mutual Research Corporation, or United States Testing Company, Inc. (a-1) If requested by a tenant as an accommodation for a person with a hearing-impairment disability or as required by law as a reasonable accommodation for a person with a hearing-impairment disability, a smoke alarm must, in addition to complying with Subsection (a), be capable of alerting a hearing-impaired person in the bedrooms it serves. 3101), Sec. Sec. 576, Sec. (12) "Sliding door handle latch" means a latch or lock: (A) located near the handle on a sliding glass door; (B) operated with or without a key; and. Renumbered from Property Code, Section 92.016 by Acts 2007, 80th Leg., R.S., Ch. SUBCHAPTER A. January 1, 2006. Acts 1983, 68th Leg., p. 3633, ch. 576, Sec. 92.264. Sept. 1, 2003. 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 . Added by Acts 1989, 71st Leg., ch. The Austin Tenants Council provides a thorough interpretation of the protections that renters are provided in 92.101 - 92.109 of the Texas Property Code when they pay a security deposit. Aug. 26, 1985. (b) Except as provided by this section, a landlord may not interrupt or cause the interruption of water, wastewater, gas, or electric service furnished to a tenant by the landlord as an incident of the tenancy or by other agreement unless the interruption results from bona fide repairs, construction, or an emergency. Added by Acts 2021, 87th Leg., R.S., Ch. (j) A person who receives information under Subsection (c), (c-1), or (d) may not disclose the information to any other person except for a legitimate or customary business purpose or as otherwise required by law. Property is often owned by two or more people simultaneously. (3) "Co-applicant" means a person who makes an application for rental of a dwelling with other applicants and who plans to live in the dwelling with other applicants. 1099), Sec. 1205, Sec. 225 (S.B. 15 (S.B. September 1, 2011. (3) after the tenant gives a repair notice to the landlord and after the landlord has had a reasonable time to make repairs, the tenant is entitled only to the remedies under Subsection (d) of this section and Subdivisions (3), (4), and (5) of Subsection (a) of Section 92.0563. (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. Added by Acts 2019, 86th Leg., R.S., Ch. (2) more than once during a rental payment period. (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). (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. Acts 2015, 84th Leg., R.S., Ch. 869, Sec. (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. (2) date the landlord accepts an application deposit if the landlord does not furnish the applicant an application form. 2, 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. Jan. 1, 1984. 1186), Sec. (d) This section does not apply to locks on closet doors or other interior doors. LANDLORD AND TENANT. they can remain a tenant in the property. 1, eff. Acts 1983, 68th Leg., p. 3631, ch. 3101), Sec. 1, eff. Jan. 1, 1984. April 1, 2002. (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. 93.004 by Acts 2003, 78th Leg., ch. (C) refund the tenant's security deposit, less lawful deductions, to the person designated under Subdivision (1). Added by Acts 2019, 86th Leg., R.S., Ch. (b) If at the time a lease agreement is executed a landlord has vehicle towing or parking rules or policies that apply to the tenant, the landlord shall provide to the tenant a copy of the rules or policies before the lease agreement is executed. September 1, 2011. September 1, 2017. 92.015. (e) A justice court may not award a judgment under this section, including an order of repair, that exceeds $10,000, excluding interest and costs of court. Last accessed. Sec. January 1, 2014. In any litigation under this subsection, the prevailing party shall recover reasonable attorney's fees from the nonprevailing party. 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. January 1, 2006. It also means a "dwelling" as defined by Section 92.001. (g) If a landlord arrives at the dwelling in a timely manner in response to a tenant's telephone call to the number contained in the notice as described by Subsection (c)(1) and the tenant is not present to receive the key to the changed lock, the landlord shall leave a notice on the front door of the dwelling stating the time the landlord arrived with the key and the street address to which the tenant may go to obtain the key during the landlord's normal office hours. (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. (e) A landlord or landlord's agent who lawfully permits a person described by Subsection (a) to enter or facilitates the person's entry into the leased premises under this section is not liable for an act or omission that arises in connection with permitting or facilitating the entry. Jan. 1, 1996. Sec. September 1, 2007. 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