Added by Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1997. 1, eff. 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. (2) "Bedroom" means an area of a dwelling intended as sleeping quarters. 92.1041. 869, Sec. PROPERTY CODE. 5, eff. Sec. DEFINITIONS. relationship is known as a cotenancy. 576, Sec. 689, Sec. (h) A tenant's right to a jury trial in an action brought under this chapter may not be waived in a lease or other written agreement. Sept. 1, 1997. This can have a profound effect on the dissolution of property during divorce proceedings. (3) a crime of personal violence occurred in the multiunit complex in which the tenant's dwelling is located during the two months preceding the date of the request. (b) The tenant shall notify the landlord in writing of any change in the tenant's primary residence address. 92.0081. Amended by Acts 1989, 71st Leg., ch. 475, Sec. When a party dies their share of the property will pass via their will or, if the party died without a will, according to the intestacy statute. 650, Sec. If the lease is in writing and is not in violation of Section 92.006, the tenant's proof of a knowing violation must be clear and convincing. ALTERNATIVE COMPLIANCE. 1, eff. January 1, 2022. If the justice finds, after considering the evidence at the hearing, that the person has directly or indirectly disobeyed the writ, the justice may commit the person to jail without bail until the person purges the contempt action or omission in a manner and form as the justice may direct. (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. 1, eff. (2) if an adult whose occupancy causes a violation of Subsection (a) is seeking temporary sanctuary from family violence, as defined by Section 71.004, Family Code, for a period that does not exceed one month. 357, Sec. The term does not include dates of entry or occupation not authorized by the landlord. Sept. 1, 1997. If one of the tenants dies, their interest passes to their heirs rather than to the other tenant (s). The writ of reentry must notify the landlord of the right to a hearing. (3) "Exterior door" means a door providing access from a dwelling interior to the exterior. If neither box is checked, you should assume the dwelling is in a 100-year floodplain. The duties of a landlord and the remedies of a tenant under this subchapter are in lieu of existing common law and other statutory law warranties and duties of landlords for maintenance, repair, security, habitability, and nonretaliation, and remedies of tenants for a violation of those warranties and duties. 4, eff. Added by Acts 2019, 86th Leg., R.S., Ch. 6, eff. 48, Sec. 1186), Sec. 92.331 by Acts 1997, 75th Leg., ch. Renumbered from Sec. All Rights Reserved. (d) For purposes of Subsection (b)(3) or (4), in determining whether a period of time is a reasonable time to repair or remedy a condition, there is a rebuttable presumption that seven days is a reasonable time. 650, Sec. (c) In addition to other remedies provided by law, if a landlord violates this section, a tenant is entitled to recover from or against the landlord: (1) a civil penalty in an amount equal to one month's rent; (2) actual damages suffered by the tenant as a result of the landlord's violation of this section; (5) reasonable attorney's fees incurred by the tenant in seeking enforcement of this section. 826, Sec. 1, eff. LANDLORD AND TENANT. 1399), Sec. 629 (S.B. 744, Sec. Sept. 1, 1989. 1, eff. 92.169. Jan. 1, 1984. (C) enter or exit a vehicle on the leased premises or located in a parking area provided by the landlord for tenants or guests. (3) of the charges for each option described by Subdivision (1) or (2). Added by Acts 1995, 74th Leg., ch. The term includes double-hinged patio doors. 92.203. Jan. 1, 1996. Added by Acts 1989, 71st Leg., ch. CHAPTER 93. (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. EFFECT ON OTHER LANDLORD DUTIES AND TENANT REMEDIES. In Texas, there are three main types of co-tenancies: community property (property owned between spouses), joint tenants with the right of survivorship, and tenants in common. Sec. 952, Sec. 687, Sec. Room near: Texas City Terminal Junction, Hitchcock Galveston County TX . (2) in the case of a lease other than a lease described by Subdivision (1), on the last day of the month following the month in which the notice under Subsection (c)(1) is delivered. The default form of co-ownership in Texas is a tenancy in common. Sec. 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. Unlike most states Texas does not automatically recognize joint tenancies as having a right of survivorship. 576, Sec. (15) "Tenant turnover date" means the date a tenant moves into a dwelling under a lease after all previous occupants have moved out. In general, this means that any property acquired by a couple during their marriage (with a few exceptions) is equally owned by both spouses. No further notice from the tenant is necessary in order for the tenant to repair or remedy the condition after a reasonable time has elapsed. 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. (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. Amended by Acts 2001, 77th Leg., ch. 1, eff. 917 (H.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. September 1, 2011. (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. 92.166. 4, eff. 1198 (S.B. A tenancy in common occurs when two or more parties jointly hold an interest in property. If on a wall, it must be no closer than six inches and no farther than 12 inches from the ceiling or otherwise located in accordance with the manufacturer's installation instructions. (a) For purposes of this section, "dependent," "military service," and "servicemember" have the meanings assigned by 50 App. Sec. Sec. (g) A party may appeal from the court's judgment at the hearing on the sworn complaint for reentry in the same manner as a party may appeal a judgment in a forcible detainer suit. 576, Sec. TENANT'S FORWARDING ADDRESS. 1, eff. Added by Acts 1995, 74th Leg., ch. 92.2571. (2) the person against whom the action is filed knew or should have known of the conviction or adjudication. Acts 2009, 81st Leg., R.S., Ch. 794, Sec. 946), Sec. Jan. 1, 1996; Acts 1995, 74th Leg., ch. Added by Acts 2011, 82nd Leg., R.S., Ch. 2, eff. Amended by Acts 1989, 71st Leg., ch. September 1, 2007. LANDLORD'S DEFENSES. Acts 2009, 81st Leg., R.S., Ch. 3101), Sec. Added by Acts 2005, 79th Leg., Ch. 1, eff. January 1, 2010. 1371), Sec. (d) A fee in lieu of a security deposit must be: (1) a recurring fee of equivalent amount; and. (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. January 1, 2010. 1, eff. CHAPTER 29. (b) A governmental body whose official or employee has requested information from a landlord who is liable under Section 92.202 or 92.204 may obtain or exercise one or more of the following remedies: (2) a judgment against the landlord for an amount equal to the governmental body's actual costs in discovering the information required to be disclosed by this subchapter; (3) a judgment against the landlord for $500; and. 91.002 and amended by Acts 1989, 71st Leg., ch. 91.002 by Acts 1987, 70th Leg., ch. 938, Sec. (a) The tenant must delay contracting for repairs under Section 92.0561 if, before the tenant contracts for the repairs, the landlord delivers to the tenant an affidavit, signed and sworn to under oath by the landlord or his authorized agent and complying with this section. 946), Sec. 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. A judge may order a landlord to take reasonable steps to repair the problem, according to Section 92.0563 of the Texas Property Code. 92.302. (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. LIABILITY OF LANDLORD. Overview. 744, Sec. 92.0191. Acts 1983, 68th Leg., p. 3632, ch. 92.258. Sept. 1, 1993. Property and real estate laws also include zoning regulations, which determine which kinds of structures may be built in a given location. 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. Sec. Sec. (a) At a tenant's request made at any time, a landlord, at the tenant's expense, shall install: (1) a keyed dead bolt on an exterior door if the door has: (A) a doorknob lock but not a keyed dead bolt; or, (B) a keyless bolting device but not a keyed dead bolt or doorknob lock; and. January 1, 2014. - statute gives landlord the right to terminate a lease executed or renewed after June 15, 1981 and tenant is convicted under the "indecency" provision of the Texas Penal Code and appeals have been exhausted. (2) "Board" means the governing body of a property owners' association. (4) 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, file suit against the landlord and obtain a judgment for: (A) a court order directing the landlord to comply and bring all dwellings owned by the landlord into compliance, if the tenant serving the written request is in possession of the dwelling; (C) punitive damages if the tenant suffers actual damages; (D) a civil penalty of one month's rent plus $500; (F) attorney's fees except in suits for recovery of property damages, personal injuries, or wrongful death. Jan. 1, 1984. 2, eff. 92.010 by Acts 1995, 74th Leg., ch. 650, Sec. 1, eff. (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. 48, Sec. 744, Sec. (5) a keyless bolting device and a door viewer on each exterior door of the dwelling. Acts 2007, 80th Leg., R.S., Ch. 1, eff. 1293), Sec. Most tenant insurance policies do not cover damages or loss incurred in a flood. 1, eff. If the writ is disobeyed, the tenant or the tenant's attorney may file in the court in which the action is pending an affidavit stating the name of the person who has disobeyed the writ and describing the acts or omissions constituting the disobedience. "An ouster, in the law of tenancy in common, is the wrongful dispossession or exclusion by one tenant of his cotenant or cotenants from the common property of which they are entitled to possession." [1] Zaslow v. Kroenert (1946) 29 Cal. Amended by Acts 1997, 75th Leg., ch. (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. (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. (a) The landlord shall inspect and repair a smoke alarm according to this section. You should seek insurance coverage that would cover losses caused by a flood.". 918, Sec. Jan. 1, 1984. Tenants in common do not have survivorship rights. 7.002(o), eff. Amended by Acts 1995, 74th Leg., ch. . TITLE 4. The power system and installation procedure of a security device that is electrically operated rather than battery operated must comply with applicable local ordinances. 92.057(d) and amended by Acts 1995, 74th Leg., ch. (e) This section relates only to a fee, charge, or other sum of money required to be paid under the lease if rent is not paid as provided by Subsection (a)(3), and does not affect the landlord's right to terminate the lease or take other action permitted by the lease or other law. (l) A deferred payment plan for the purposes of this section must be in writing. LIABILITY FOR WITHHOLDING LAST MONTH'S RENT. 869, Sec. Added by Acts 1993, 73rd Leg., ch. (d) Except as provided by Subsection (f), 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. OBLIGATION TO REFUND. This defense includes the . Joint Tenancies And Tenancies In Common In Texas. Jan. 1, 1984. Jan. 1, 1984. Tenancy in common is a way for two or more individuals to hold the title to a property. COMMON AREA FACILITIES. Following delivery of the affidavit, the landlord must continue diligent efforts to repair or remedy the condition. 3, eff. 576, Sec. (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. 1, eff. (f) If the landlord fails to request a hearing on the tenant's sworn complaint for reentry before the eighth day after the date of service of the writ of reentry on the landlord under Subsection (d), a judgment for court costs may be rendered against the landlord. (e) A landlord may comply with this section by providing to a tenant a complete copy of the lease: (2) in an electronic format if requested by the tenant; or. 744, Sec. Call us today at 214-382-9789 and talk to a lawyer now about your real estate situation. 92.1031. Three, three co tenants can have a 60% 30% and 10% ownership interest in the land. (a) A landlord may not remove a door, window, or attic hatchway cover or a lock, latch, hinge, hinge pin, doorknob, or other mechanism connected to a door, window, or attic hatchway cover from premises leased to a tenant or remove furniture, fixtures, or appliances furnished by the landlord from premises leased to a tenant unless the landlord removes the item for a bona fide repair or replacement. 1, eff. 92.206. 2, eff. Added by Acts 1995, 74th Leg., ch. Jan. 1, 1984. 576, Sec. The landlord shall post the hours of operation or availability of the facility in a conspicuous place at the facility. 1, eff. 576, Sec. (d) This section does not affect the obligations or liability of the tenant or the tenant's estate under the lease before the lease is terminated under this section, including the liability of the tenant or the tenant's estate for: (2) damages to the leased premises not caused by normal wear and tear. APPLICATION. January 1, 2016. A landlord who has provided information under Subdivision (2) or (3) of Subsection (b) of Section 92.201 is liable to a tenant according to this subchapter if: (1) the information becomes incorrect because a name or address changes; and. Sometimes, the law can only be enforced in court. 5 baths + 2 kitchens. 92.260. Notice by mail may be by regular mail, by registered mail, or by certified mail, return receipt requested. 92.160. NOTICE OF RULE OR POLICY CHANGE AFFECTING TENANT'S PERSONAL PROPERTY. 94.006(a). If the writ is disobeyed, the tenant or the tenant's attorney may file in the court in which the reentry action is pending an affidavit stating the name of the person who has disobeyed the writ and describing the acts or omissions constituting the disobedience. 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. A landlord and tenant may agree otherwise in a written lease. Added by Acts 2019, 86th Leg., R.S., Ch. Sec. Jan. 1, 1984. Amended by Acts 1993, 73rd Leg., ch. The 4 bedroom, 2 full bathroom home features 3 walk-in closets, high quality, easy to clean, modern tiles all around (no carpet) along with. September 1, 2017. The Texas Property Code defines wear and tear as "deterioration that results from the intended use of a dwelling, including breakage or malfunction due to age or deteriorated condition.". (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. Acts 1983, 68th Leg., p. 3647, ch. September 1, 2017. (b) If the landlord does not provide a written explanation for delay in performing a duty to repair or remedy on or before the fifth day after receiving from the tenant a written demand for an explanation, the landlord has the burden of proving that he made a diligent effort to repair and that a reasonable time for repair did not elapse. (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. Jan. 1, 1996. 2, eff. 23.011, eff. 744, Sec. September 1, 2015. 1051 (H.B. (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 92.162. The tenant must also state orally under oath to the justice the facts of the alleged unlawful lockout. 5, eff. Sec. (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. (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. A landlord shall provide to the tenant in a multiunit complex, as that term is defined by Section 92.151, a copy of any applicable vehicle towing or parking rules or policies of the landlord and any changes to those rules or policies as provided by Section 92.0131. 1, eff. Renumbered from Sec. Joint property ownership with survivorship rights is still a new concept in Texas. Amended by Acts 2003, 78th Leg., ch. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 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. 917 (H.B. (3) damage from windows or doors left open. 92.061. The landlord shall keep accurate records of all security deposits. Tenancy in common allows more than one person to own a property, such as a home or land parcel, at the same time. (5) If the new landlord violates this subsection, the new landlord is liable to the tenant for a civil penalty of one month's rent plus $2,000, actual damages, and attorney's fees. (4) a judgment against the tenant for reasonable attorney's fees. Renumbered from Property Code, Section 92.016 by Acts 2007, 80th Leg., R.S., Ch. (o) A landlord may not interrupt or cause the interruption of electric service under Subsection (h) for any of the following reasons: (1) a delinquency in payment for electric service furnished to a previous tenant; (2) failure to pay non-electric bills, rent, or other fees; (3) failure to pay electric bills that are six or more months delinquent; or. 92.016. (c) A landlord who fails to give notice as required by this section is liable to the tenant for any expense incurred by the tenant as a result of the landlord's failure to give the notice. When a new tenant arrives, all security devices in the building must be rekeyed. 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