Sec. DEFINITIONS. Amended by Acts 1997, 75th Leg., ch. (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. (B) the agreement for repairs by the tenant is either underlined or printed in boldface in the lease or in a separate written addendum; (C) the agreement is specific and clear; and. Added by Acts 1989, 71st Leg., ch. Aug. 28, 1989. Sept. 1, 1997. 1186), Sec. 4th 1122, 1128, as . Sec. (d) A fee in lieu of a security deposit must be: (1) a recurring fee of equivalent amount; and. 576, Sec. Schedule the entry during regular business hours, and try to work around the tenant's schedule as much as possible. 1112, Sec. Sec. Sec. while common law lays out general guidelines for the process. (3) by e-mail if the parties have communicated by e-mail regarding the lease. Each party may freely sell, devise, lease, or otherwise transfer their interest in the property. In tenants in common circumstances, each person holds an individual, undivided ownership interest, which gives them an equal right to use the property or transfer their ownership . 92.104. Tenancy in common is a way for two or more individuals to hold the title to a property. January 1, 2016. 1, eff. (b) A landlord shall provide to a tenant a written notice substantially equivalent to the following: "(Landlord) ( ) is or ( ) is not aware that the dwelling you are renting is located in a 100-year floodplain. (2) the landlord does not install, inspect, or repair the smoke alarm on or before the seventh day after the date the tenant gives the landlord written notice that the tenant may exercise his remedies under this subchapter if the landlord does not comply with the request within seven days. 2.28, eff. The tenant must also state orally under oath to the justice the facts of the alleged unlawful lockout. 2, eff. 92.255. LIABILITY OF LANDLORD. Acts 2015, 84th Leg., R.S., Ch. There are no rights of survivorship among the co-owners, and. 92 of the Texas Property Code. Sec. Sec. TENANT REMEDIES. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. (c) For purposes of Subsection (b)(4) or (5), a landlord is considered to have received the tenant's notice when the landlord or the landlord's agent or employee has actually received the notice or when the United States Postal Service has attempted to deliver the notice to the landlord. 92.204. January 1, 2014. (C) refund the tenant's security deposit, less lawful deductions, to the person designated under Subdivision (1). (a) For purposes of this section: (1) "Family violence" has the meaning assigned by Section 71.004, Family Code. SECURITY DEVICES REQUESTED BY TENANT. 1198 (S.B. In this subchapter: (1) "Bedroom" means a room designed with the intent that it be used for sleeping purposes. Committed to Public Service. PROPERTY CODE. Sept. 1, 1995. 348 (S.B. Repairs may not be made to the foundation or load-bearing structural elements of the building if it contains two or more dwelling units. 92.353. Sec. 1293), Sec. 576, Sec. (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. 10, eff. (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. Acts 2019, 86th Leg., R.S., Ch. Specific sections cover the residential landlord's responsibility and liability for repairs, retaliation, the rental application, evictions, security deposits, lockouts, smoke . 92.203. (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). 31.01(71), eff. Texas Business Corporation Act . 92.003. (j) This section does not affect a tenant's right to pursue a separate cause of action under Section 92.0081. 48, Sec. Sec. Sec. 1, eff. LEASE TERM AFTER NATURAL DISASTER. (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. September 1, 2011. Yes. The reconnection fee must be computed based on the average cost to the landlord for the expenses associated with the reconnection, but may not exceed $10. 1186), Sec. DISCLOSURE OF OWNERSHIP AND MANAGEMENT. Sept. 1, 1993. (4) documentation of a protective order issued under Subchapter A, Chapter 7B, Code of Criminal Procedure, except for a temporary ex parte order. Tex. Jan. 1, 1984. 3, eff. 801, Sec. January 1, 2008. Acts 1983, 68th Leg., p. 3650, ch. (c) A fire extinguisher that satisfies the inspection requirements of Subsection (b) at the beginning of a tenant's possession is presumed to be in good working order until the tenant requests an inspection in writing. (C) the landlord, prior to the date of discarding the property, has not been contacted by anyone claiming the property. (d) In a written lease or other agreement, a landlord and a tenant may agree to a procedure different than the procedure in this section for removing, storing, or disposing of property in the leased premises of a deceased tenant. 1205, Sec. 576, Sec. (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. A repairman or supplier shall not have a lien for materials or services arising out of repairs contracted for by the tenant under this section. RESIDENTIAL TENANT'S RIGHT OF REENTRY AFTER UNLAWFUL LOCKOUT. 07/26/2013. 952, Sec. 9, eff. (3) a nursing or convalescent home licensed by the Department of State Health Services and certified to meet the Life Safety Code under federal law and regulations. (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. Sec. 2, eff. (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. (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. The first page of this guide will provide . Sept. 1, 1993. Sec. 5, eff. Nine states have community property laws: Wisconsin, Louisiana, Texas, New Mexico, Arizona, California . The screw hooks must be at least three inches in length and must be screwed into the door frame stud or wall stud on each side of the door. 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. 576, Sec. (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. Tenancy in . 1, eff. 332, 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. (a) 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: (1) notice and other communications required or permitted by this subchapter; (2) notice and other communications from a governmental body relating to a violation of health, sanitation, safety, or nuisance laws on the landlord's property where the dwelling is located, including notices of: (D) reimbursement of costs incurred by the governmental body in curing the violation; (b) If the landlord's name and business street address in this state have not been furnished in writing to the tenant or government official or employee, the person who collects the rent from a tenant is the landlord's authorized agent for purposes of Subsection (a). 744, Sec. Renumbered from Property Code Sec. 357, Sec. Jan. 1, 1984. Amended by Acts 1993, 73rd Leg., ch. TENANT'S REPAIR AND DEDUCT REMEDIES. A landlord has a defense to liability under Section 92.202 or 92.203 if the tenant owes rent on the date the tenant gives a notice required by either of those sections. (b) The landlord shall determine that the smoke alarm is in good working order at the beginning of the tenant's possession by testing the smoke alarm with smoke, by operating the testing button on the smoke alarm, or by following other recommended test procedures of the manufacturer for the particular model. 92.170. (2) "Flooding" means a general or temporary condition of partial or complete inundation of a dwelling caused by: (A) the overflow of inland or tidal waters; (B) the unusual and rapid accumulation of runoff or surface waters from any established water source such as a river, stream, or drainage ditch; or. Sec. 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