Renumbered from Property Code Sec. 92.208. 2118), Sec. 576, Sec. 9, eff. Renumbered from Property Code, Section 92.016 by Acts 2007, 80th Leg., R.S., Ch. Jan. 1, 1984. PROCEDURES FOR NOTICE OR REFUND. LANDLORD AND TENANT. Joint property ownership with survivorship rights is still a new concept in Texas. HEIGHT, STRIKE PLATE, AND THROW REQUIREMENTS--KEYED DEAD BOLT OR KEYLESS BOLTING DEVICE. Acts 2007, 80th Leg., R.S., Ch. 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 . 826, Sec. (f) A landlord who violates this section is liable to the tenant for actual damages, a civil penalty equal to the amount of one month's rent plus $500, and attorney's fees. (b) A customer shall provide written notice of a service disconnection to each tenant or owner at a nonsubmetered master metered multifamily property not later than the fifth day after the date the customer receives a notice of service disconnection from an electric service provider or a gas utility. 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 himself of the contempt in a manner and form as the justice may direct. 10, eff. RETALIATION BY LANDLORD. TENANT REMEDIES. INTERRUPTION OF UTILITIES. Under Section 92.052 of the Texas Property Code, a few requirements must be met before the landlord is required to make the repair: The tenant must be current on their rent. January 1, 2008. (a) This subchapter does not apply to: (1) a room in a hotel, motel, or inn or to similar transient housing; (2) residential housing owned or operated by a public or private college or university accredited by a recognized accrediting agency as defined under Section 61.003, Education Code; (3) residential housing operated by preparatory schools accredited by the Texas Education Agency, a regional accrediting agency, or any accrediting agency recognized by the commissioner of education; or. 69), Sec. 48, Sec. 92.158. 23.001. Added by Acts 2019, 86th Leg., R.S., Ch. Sec. (B) a doorknob lock that contains a bolt with at least a one-inch throw. (c-2) Notwithstanding Subsection (c-1), a municipal housing authority located in a municipality that has a population of more than 500,000 and is not more than 50 miles from an international border, or a public facility corporation, affiliate, or subsidiary of the authority, may require that vehicles parked in a community of the authority, corporation, affiliate, or subsidiary be registered with the housing authority. (3) For conditions other than those specified in Subdivision (2) of this subsection, if the new landlord acquires title as described in this subsection and has notified the tenant of the name and address of the new landlord or the new landlord's authorized agent and if the tenant has not already contracted for the repair or remedy at the time the tenant is so notified, the tenant must deliver to the new landlord a written notice of intent to repair or remedy the condition, and the new landlord shall have a reasonable time to complete the repair before the tenant may repair or remedy the condition. Jan. 1, 1984. A tenancy in common occurs when two or more parties jointly hold an interest in property. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. Acts 1983, 68th Leg., p. 3635, ch. Last accessed. (2) the fee is used to purchase insurance coverage for damages and unpaid rent for which the tenant is legally liable under the lease or as a result of breaching the lease. (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. 826, Sec. 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. 1, eff. . If a landlord does not comply with a tenant's request regarding rekeying, changing, adding, repairing, or replacing a security device under Section 92.156(b), 92.157, or 92.158 in accordance with the time limits and other requirements of this subchapter, the tenant may: (1) install, repair, change, replace, or rekey the security devices 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) unilaterally terminate the lease without court proceedings; and. Joint Tenancies And Tenancies In Common In Texas. LIABILITY FOR WITHHOLDING LAST MONTH'S RENT. (b) Notice under this section must be in writing and may be given in person, by mail, or by delivery to the premises. Instead the parties must agree, in writing, to include a right of survivorship. 92.3515. Added by Acts 2007, 80th Leg., R.S., Ch. 1293), Sec. Renumbered from Sec. 337 (H.B. 92.159. June 17, 2005, except Subsec. Jan. 1, 1984. 92.0162. 744, Sec. 576, Sec. 16, eff. 92.156. CODE 23.001. The owners may own the property either as tenants in common or as joint tenants with right of survivorship. Acts 2009, 81st Leg., R.S., Ch. (f) For the purposes of this section, an owner or property manager may disclose either an actual name or names or an assumed name if an assumed name certificate has been recorded with the county clerk. (3) a copy of the settled claim that documents payments made by the insurer to the landlord. (4) a temporary residential tenancy created by a contract for sale in which the buyer occupies the property before closing or the seller occupies the property after closing for a specific term not to exceed 90 days. Sept. 1, 1999. Sec. (g) A landlord is liable for any damage to a tenant's vehicle resulting from the negligence of a towing service that contracts with the landlord or the landlord's agent to remove vehicles that are parked in violation of the landlord's rules and policies if the towing company that caused the damage does not carry insurance that covers the damage. 1399), Sec. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1999. Sec. Added by Acts 1993, 73rd Leg., ch. (2) payable at the time each rent payment is due during the lease. (m) This section does not affect the rights of a landlord or tenant in a forcible detainer or forcible entry and detainer action. (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. (2) knows or has reason to know that the requirements of the subsection granting the exemption are not fulfilled. Amended as Sec. 869, Sec. 92.018. 92.166. (f) If a landlord or a landlord's agent violates this section, the tenant may: (1) either recover possession of the premises or terminate the lease; and. In this article, I will focus on TIC. 576, Sec. Amended by Acts 1997, 75th Leg., ch. 969 (H.B. 92.157. INVALID COMPLAINTS. Jan. 1, 1996. Sec. (3) damage from windows or doors left open. If the landlord's employees perform the work, the charge may include a reasonable amount for overhead but may not include a profit to the landlord. Aug. 28, 1989. Room near: Texas City Terminal Junction, Hitchcock Galveston County TX . (d) The tenant remedies under this section are effective on the date the tenant has notice from the utility company of a future cutoff or notice of an actual cutoff, whichever is sooner. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 2, eff. The term does not include dates of entry or occupation not authorized by the landlord. 869, Sec. (c) After receipt of the notice provided under Subsection (a), the landlord shall provide a copy of the written lease agreement to the person who provided the notice on written request of that person. A tenant's guest or invitee who suffers damage because the tenant removed a battery without immediately replacing it with a working battery or because the tenant knowingly disconnected or intentionally damaged the smoke alarm, causing it to malfunction, may recover a judgment against the tenant for the damage. (d) The writ of restoration of utility service 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 suit. 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. Renumbered from Sec. (2) exempt any party from a liability or a duty under this section. (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. Each owner has the right to leave his share of the property to any beneficiary upon the owner's death. (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. September 1, 2019. (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. (3) leaving the notice inside the dwelling in a conspicuous place if notice in that manner is authorized in a written lease. Non-renewal of the lease after the rental period ends. 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. The justice may defer payment of the tenant's filing fees and service costs for the sworn complaint for reentry and writ of reentry. (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. Tenants in Texas can claim constructive eviction if their utilities have been shut off or their windows, doors, fixtures, or appliances have been removed. A common tenant defense is that their landlord did not adhere to all the legal requirements for evicting them. . It also means a "dwelling" as defined by Section 92.001. 917 (H.B. Added by Acts 2021, 87th Leg., R.S., Ch. (a) If a landlord has installed a 1A10BC residential fire extinguisher as defined by the National Fire Protection Association or other non-rechargeable fire extinguisher in accordance with a local ordinance or other law, the landlord or the landlord's agent shall inspect the fire extinguisher: (1) at the beginning of a tenant's possession; and. In Ohio, tenants in common each have a distinct title and right to enter upon the whole of the real estate and take possession even if the ownership share is less than other tenants in common. The tenant selection criteria may include factors such as criminal history, credit history, current income, and rental history. The tenant must have let their landlord know about the problem by giving notice to the person or place where they normally pay their rent; and. If the owners will hold title as tenants in common, the deed should use the phrase "as tenants in common" to designate the form of co-ownership as a tenancy in common. 1205, Sec. Sept. 1, 1993. 3, eff. 4, eff. Sec. Amended by Acts 2003, 78th Leg., ch. A tenant or occupant in the dwelling is over age 55 or has a physical or mental disability. Sec. PROPERTY CODE. 92.008 Williamson v. Howard Texas Property Code Ac. 48, Sec. (15) "Tenant turnover date" means the date a tenant moves into a dwelling under a lease after all previous occupants have moved out. Sec. (g) A tenant's right to terminate a lease before the end of the lease term, vacate the dwelling, and avoid liability under this section may not be waived by a tenant. If neither box is checked, you should assume the dwelling is in a 100-year floodplain. Amended by Acts 1995, 74th Leg., ch. Jan. 1, 1984. 257 (H.B. If the dwelling has no mailbox and has a keyless bolting device, alarm system, or dangerous animal that prevents the landlord from entering the premises to leave the notice on the inside of the main entry door, the landlord may securely affix the notice on the outside of the main entry door. 2. TENANT'S REPAIR AND DEDUCT REMEDIES. 11, eff. (g) Not later than the 30th day after the effective date of the termination of a lease under Subsection (f), the landlord shall refund to the tenant all rent or other amounts paid in advance under the lease for any period after the effective date of the termination of the lease. There are no rights of survivorship among the co-owners, and. 2.28, eff. 357, Sec. 1186), Sec. 3, eff. (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. January 1, 2006. (1-a) "Application fee" means a nonrefundable sum of money that is given to the landlord to offset the costs of screening an applicant for acceptance as a tenant. 92.167. Disputes can easily arise in any common property ownership situation. (g) A lease must contain language in underlined or bold print that informs the tenant of the remedies available under this section and Section 92.0561. (2) be installed in a door with a metal doorjamb that serves as the strike plate. Added by Acts 2009, 81st Leg., R.S., Ch. If the property is financed, all tenants must sign for the mortgage. 2, eff. Jan. 1, 1984. 92.0132. Acts 1983, 68th Leg., p. 3631, ch. U.S.C. 200, Sec. Redesignated from Property Code Sec. (a) The landlord is not obligated to return a tenant's security deposit or give the tenant a written description of damages and charges until the tenant gives the landlord a written statement of the tenant's forwarding address for the purpose of refunding the security deposit. You should seek insurance coverage that would cover losses caused by a flood.". 48, Sec. (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). repair or remedy conditions on the premises that materially affect the physical health or safety of an ordinary tenant of the manufactured home community. (C) by a metal bar or metal tube that is placed across the entire interior side of the door and secured in place at each end of the bar or tube by heavy-duty metal screw hooks. 5, eff. An owner of real property who files a notice of appeal of a judgment of a justice court to the county court perfects the owner's appeal and stays the effect of the judgment without the necessity of posting an appeal bond. AGENTS FOR DELIVERY OF NOTICE. For example, two people may own 25 percent of a property, while another person owns 50 percent. (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. (4) a smoke alarm powered by alternating current was required by lawful city ordinance at the time of initial construction of the unit. Payment of the fee, charge, or other sum of money by a tenant does not waive the right or remedies provided by this section. (B) the National Weather Service issues a heat advisory for a county in which the premises is located or has issued such an advisory on one of the two preceding days. 92.054. (3) "Exterior door" means a door providing access from a dwelling interior to the exterior. (c) An individual who owns or leases a dwelling within 3,000 feet of a dwelling as to which a landlord has violated this section, or a governmental entity or civic association acting on behalf of the individual, may file suit against a landlord to enjoin the violation. Acts 1983, 68th Leg., p. 3632, ch. (f) A landlord and tenant may agree that, except for those conditions caused by the negligence of the landlord, the tenant has the duty to pay for repair of the following conditions that may occur during the lease term or a renewal or extension: (1) damage from wastewater stoppages caused by foreign or improper objects in lines that exclusively serve the tenant's dwelling; (2) damage to doors, windows, or screens; and. (b) If the tenant or the tenant's invited guest removes, misuses, damages, or otherwise disables a fire extinguisher: (1) the landlord is not required to repair or replace the fire extinguisher at the landlord's expense; and. Repairs may not be made to the foundation or load-bearing structural elements of the building if it contains two or more dwelling units. 576, Sec. 92.055. 5, eff. LANDLORD REMEDY FOR TENANT VIOLATION. Tenants In Common. 92.104. A waiver under this section must be signed and in writing in a document separate from the lease and must comply with federal law. Jan. 1, 1984. 92.153. (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. Contact our offices to discuss your situation with our experienced real estate attorneys. SUBCHAPTER A. Code. April 1, 2002. Acts 2015, 84th 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). (h) If a writ of possession is issued, it supersedes a writ of reentry. 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. 257 (H.B. (5) the landlord may discard the property removed by the landlord from the tenant's leased premises if: (A) the landlord has mailed a written request by certified mail, return receipt requested, to the person designated under Subsection (a) or (b), requesting that the property be removed; (B) the person failed to remove the property by the 30th day after the postmark date of the notice; and. Sec. Redesignated from Property Code Sec. 5, eff. Sec. (a) Except as provided by Subsections (b) and (c), a landlord must comply with a tenant's request for rekeying, changing, installing, repairing, or replacing a security device under Section 92.156, 92.157, or 92.158 within a reasonable time. Amended by Acts 1993, 73rd Leg., ch. 92.251. 92.013 by Acts 2001, 77th Leg., ch. 92.352. Sec. Acts 1983, 68th Leg., p. 3646, ch. (2) checking to ensure the fire extinguisher gauge or pressure indicator indicates the correct pressure as recommended by the manufacturer of the fire extinguisher. (i) the date the electric service has been interrupted; (ii) a location where the tenant may go during the landlord's normal business hours to make arrangements to pay the bill to reestablish interrupted electric service; (iii) the amount that must be paid to reestablish electric service; (iv) a statement providing that when the tenant makes a payment to reestablish electric service, a landlord may not apply that payment to rent or other amounts owed under the lease; (vi) a description of the tenant's rights under Subsection (j) to avoid interruption of electric service if the interruption will cause a person residing in the tenant's dwelling to become seriously ill or more seriously ill. (i) Unless a dangerous condition exists or the tenant requests disconnection, a landlord may not interrupt or cause the interruption of electric service under Subsection (h) on a day: (1) on which the landlord or a representative of the landlord is not available to collect electric bill payments and reestablish electric service; (2) that immediately precedes a day described by Subdivision (1); or, (A) the previous day's highest temperature did not exceed 32 degrees Fahrenheit and the temperature is predicted to remain at or below that level for the next 24 hours according to the nearest National Weather Service reports; or. Jan. 1, 1996. 177), Sec. (C) refund the tenant's security deposit, less lawful deductions, to the person designated under Subdivision (1). January 1, 2010. Acts 1983, 68th Leg., p. 3649, ch. Acts 1983, 68th Leg., p. 3639, ch. 92.2571. 3, eff. 3, eff. 1, eff. 4, eff. Amended by Acts 1987, 70th Leg., ch. 1099), Sec. (2) failing to correct information given under Section 92.201(b)(1) or (2) or Section 92.201(d) that the landlord knows is incorrect. A tenant who in bad faith violates this section is liable to the landlord for an amount equal to three times the rent wrongfully withheld and the landlord's reasonable attorney's fees in a suit to recover the rent. 1205, Sec. 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. 1205, Sec. (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. 5, eff. The following are deeds that are used for transfer of real property in Texas: Texas Deed Transfer 1, eff. (2) the landlord may not allow reoccupancy or reconnection of utilities by separate meter within six months after the date the tenant moves out. January 1, 2016. (2) increasing rent or reducing services as part of a pattern of rent increases or service reductions for an entire multidwelling project. A life tenant may retain, as life tenancy property, any real property originally conveyed to the life tenant without being subject to the fiduciary duties of a trustee; however, the life tenant is subject to the common law duties of a life tenant. APPLICATION. (a) A landlord that has an on-site management or superintendent's office for a residential rental property must provide to a tenant a telephone number that will be answered 24 hours a day for the purpose of reporting emergencies related to a condition of the leased premises that materially affects the physical health or safety of an ordinary tenant.