(e) A keyless bolting device is not required to be installed at the landlord's expense on an exterior door if: (1) the dwelling is part of a multiunit complex in which the majority of dwelling units are leased to tenants who are over 55 years of age or who have a physical or mental disability; (2) a tenant or occupant in the dwelling is over 55 years of age or has a physical or mental disability; and. 92.3515. Added by Acts 1995, 74th Leg., ch. 92.1031. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 687, Sec. (c) If a landlord does not provide the tenant the notice as required by this section, the landlord forfeits the right to collect damages and charges from the tenant. 1275, Sec. 94.005. January 1, 2016. (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. (g) If the landlord is liable to the tenant under Section 92.056 and if a new landlord, in good faith and without knowledge of the tenant's notice of intent to repair, has acquired title to the tenant's dwelling by foreclosure, deed in lieu of foreclosure, or general warranty deed in a bona fide purchase, then the following shall apply: (1) The tenant's right to terminate the lease under this subchapter shall not be affected, and the tenant shall have no duty to give additional notice to the new landlord. 225 (S.B. NOTICE OF TENANT'S DEDUCTION OF REPAIR COSTS FROM RENT. A tenant may make an unlimited number of requests under this subsection. 1, eff. We will always provide free access to the current law. A waiver under this section must be signed and in writing in a document separate from the lease and must comply with federal law. 2, eff. Sec. (2) "Dwelling unit" means a home, mobile home, duplex unit, apartment unit, condominium unit, or any dwelling unit in a multiunit residential structure. Sec. September 1, 2019. (b) At the time a landlord offers to a tenant the option of paying a fee in lieu of a security deposit, the landlord shall notify the tenant in writing: (1) that the tenant has the option to instead pay a security deposit; (2) that the tenant has the option to terminate the agreement to pay the fee in lieu of a security deposit at any time and stop paying the fee, and instead, to pay a security deposit in the amount that is otherwise offered to new tenants for substantially similar housing on the date the tenant chooses to pay the security deposit; and. Tenancy in common allows more than one person to own a property, such as a home or land parcel, at the same time. (c) A landlord's failure to provide a complete copy of the lease as described by Subsection (a) or (b) does not invalidate the lease or, subject to Subsection (d), prevent the landlord from prosecuting or defending a legal action or proceeding to enforce the lease. 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. 1, eff. (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. 92.017. The first page of this guide will provide . 2404), Sec. 12, eff. (5-a) "Rental application" means a written request made by an applicant to a landlord to lease premises from the landlord. 2, eff. 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. Sec. Amended by Acts 1989, 71st Leg., ch. September 1, 2011. (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. Jan. 1, 1984. Texas Business Corporation Act . 869, Sec. (e) A fee collected under this section may be used to purchase insurance coverage for damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease. AGENTS FOR DELIVERY OF NOTICE. 92.110. 1, eff. Added by Acts 2001, 77th Leg., ch. 4, eff. This severance remedy is known as "Partition" and is available under Chapter 23 of the Texas Property Code. January 1, 2008. 9, eff. 1072 (H.B. The tenant may unilaterally terminate the lease or exercise other remedies under Sections 92.164 and 92.165 after receiving written notice from a management company that the owner of the dwelling has not provided or will not provide funds to repair, install, change, replace, or rekey a security device as required by this subchapter. (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. January 1, 2014. 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. (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. FEE IN LIEU OF SECURITY DEPOSIT. 650, Sec. WAIVER OR EXPANSION OF DUTIES AND REMEDIES. 882), Sec. (3) that the guarantor is liable under a renewal of the lease only if the renewal: (A) involves the same parties as the original lease; and. (2) "Nonsubmetered master metered multifamily property" means an apartment, a leased or owner-occupied condominium, or one or more buildings containing at least 10 dwellings that receive electric utility service or gas utility service that is master metered but not submetered. Sec. (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. (a) If a landlord does not comply with Section 92.153 or 92.156(a) regarding installation or rekeying of a security device, the tenant may: (1) install or rekey the security device as required by this subchapter and deduct the reasonable cost of material, labor, taxes, and extra keys from the tenant's next rent payment, in accordance with Section 92.166; (2) serve a written request for compliance on the landlord, and, except as provided by Subsections (b) and (c), if the landlord does not comply on or before the third day after the date the notice is received, unilaterally terminate the lease without court proceedings; (3) file suit against the landlord without serving a request for compliance and obtain a judgment for: (A) a court order directing the landlord to comply, if the tenant is in possession of the dwelling; (D) attorney's fees except in suits for recovery of property damages, personal injuries, or wrongful death; and. Jan. 1, 1984. Each type of co-tenancy provides each owner with a non-exclusive right to use, occupy, and possess . 475, Sec. (d) A customer is not required to provide the notices described by this section if the customer avoids the disconnection by paying the bill. The Texas Property Code specifically eliminates "deterioration that results from negligence . Added by Acts 1995, 74th Leg., ch. 952, Sec. (C) designed to prevent the door from being opened. 630), Sec. Room near: Texas City Terminal Junction, Hitchcock Galveston County TX . Jan. 1, 1984. (1) "Adult" means an individual 18 years of age or older. 92.258. (m) This section does not affect the rights of a landlord or tenant in a forcible detainer or forcible entry and detainer action. Jan. 1, 1984. (a) In this section, "governmental entity" means the state, an agency of the state, or a political subdivision of the state. (2) documentation of the stalking from a provider of services described by Subsection (c)(1), (2), or (3) and: (A) a law enforcement incident report or, if a law enforcement incident report is unavailable, another record maintained in the ordinary course of business by a law enforcement agency; and. Acts 2015, 84th Leg., R.S., Ch. Amended by Acts 1985, 69th Leg., ch. (d) Termination of a lease under this section is effective: (1) in the case of a lease that provides for monthly payment of rent, on the 30th day after the first date on which the next rental payment is due after the date on which the notice under Subsection (c)(1) is delivered; or. TENANT'S JUDICIAL REMEDIES. According to the Austin Tenants' Council, the lockout law says: The lease must include written notice of the landlord 's right to exercise a lockout. 11, eff. 1, eff. (a) A landlord's duty or a tenant's remedy concerning security deposits, security devices, the landlord's disclosure of ownership and management, or utility cutoffs, as provided by Subchapter C, D, E, or G, respectively, may not be waived. (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. (h) This section does not affect a tenant's liability for delinquent, unpaid rent or other sums owed to the landlord before the date the lease was terminated by the tenant under this section. January 1, 2006. Nine states have community property laws: Wisconsin, Louisiana, Texas, New Mexico, Arizona, California . Sec. Acts 1983, 68th Leg., p. 3637, ch. (b) This section does not preclude a cause of action for negligence in leasing of a dwelling by a landlord or a landlord's manager or agent to a tenant, if: (A) was convicted of an offense listed in Article 42A.054, Code of Criminal Procedure; or, (B) has a reportable conviction or adjudication, as defined by Article 62.001, Code of Criminal Procedure; and. It is also regulated by the Texas property code. 324 (S.B. Amended by Acts 1989, 71st Leg., ch. The "Tenant Remedies" section of this brochure offers guidance for pursuing legal action against a landlord who is withholding a deposit refund. (g) eff. Sec. A tenancy in common is a form of ownership between two or more people. When secured to the screw hooks, the bar or tube must prevent the door from being opened unless the bar or tube is removed by a person who is on the interior side of the door. In this article, I will focus on TIC. Sept. 1, 1997. 1, eff. . 92.002. Acts 2011, 82nd Leg., R.S., Ch. Jan. 1, 1984. 576, Sec. (f) The closing of a rental unit does not prohibit the occupancy of other apartments, nor does this subchapter prohibit occupancy of or utility service by master or individual meter to other rental units in an apartment complex that have not been closed under this section. 1, eff. Acts 2017, 85th Leg., R.S., Ch. 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. 3, eff. (c) If the property is located in a municipality, the customer shall provide the same notice described by Subsection (b) to the governing body of that municipality by certified mail. LANDLORD'S FAILURE TO INSTALL, INSPECT, OR REPAIR. (a) A tenant is liable according to this subchapter if the tenant removes a battery from a smoke alarm without immediately replacing it with a working battery or knowingly disconnects or intentionally damages a smoke alarm, causing it to malfunction. (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). (c) If the landlord gives the tenant the notice closing the rental unit: (1) before the tenant gives a repair notice to the landlord, the remedies of this subchapter do not apply; (2) after the tenant gives a repair notice to the landlord but before 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; or. HEIGHT REQUIREMENTS--SLIDING DOOR SECURITY DEVICES. (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. (a) A landlord may not retaliate against a tenant by taking an action described by Subsection (b) because the tenant: (1) in good faith exercises or attempts to exercise against a landlord a right or remedy granted to the tenant by lease, municipal ordinance, or federal or state statute; (2) gives a landlord a notice to repair or exercise a remedy under this chapter; (3) complains to a governmental entity responsible for enforcing building or housing codes, a public utility, or a civic or nonprofit agency, and the tenant: (A) claims a building or housing code violation or utility problem; and, (B) believes in good faith that the complaint is valid and that the violation or problem occurred; or. PROPERTY CODE. they can remain a tenant in the property. 92.059 and amended by Acts 1995, 74th Leg., ch. 83), 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. manufactured home living, but landlords may place limitations on meetings by tenants in common area facilities. 1439, Sec. LIABILITY OF CERTAIN GUARANTORS UNDER LEASE. CLOSING THE RENTAL PREMISES. (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. 23.001. (4) have the condition repaired or remedied if the condition is not covered by Paragraph (A), (B), or (C) of Subdivision (3) of Subsection (d) of this section and involves a condition affecting the physical health or safety of the ordinary tenant as referred to in Paragraph (D) of Subdivision (3) of Subsection (d) of this section and if the landlord has failed to repair or remedy the condition within seven days after delivery of the tenant's notice of intent to repair. Under the Texas Property Code, you have five options to serve an eviction notice on your renter. (i) The tenant shall not have authority to contract for labor or materials in excess of what the tenant may deduct under this section. 794, Sec. 2, eff. (d) A provision of a lease that purports to waive a right or exempt a party from a liability or duty under this section is void. (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. 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. The fee for service of a show cause order is the same as that for service of a civil citation. A repair bill and receipt may be the same document. In this subchapter: (1) "Bedroom" means a room designed with the intent that it be used for sleeping purposes. (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. 689, Sec. CHAPTER 93. 1420, Sec. Sec. January 1, 2010. Acts 1983, 68th Leg., p. 3651, ch. (a) The landlord is not liable for retaliation under this subchapter if the landlord proves that the action was not made for purposes of retaliation, nor is the landlord liable, unless the action violates a prior court order under Section 92.0563, for: (1) increasing rent under an escalation clause in a written lease for utilities, taxes, or insurance; or. (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. (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. 91.002 by Acts 1987, 70th Leg., ch. Each party may freely sell, devise, lease, or otherwise transfer their interest in the property. (d) The writ of reentry 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 action. Acts 2021, 87th Leg., R.S., Ch. 5, eff. 92.051. June 19, 2009. Jan. 1, 1984. There shall be a rebuttable presumption that the landlord acted in good faith and with continued diligence for the first affidavit for delay the landlord delivers to the tenant. (e) The landlord is entitled to a hearing on the tenant's sworn complaint for restoration of utility service.
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