Sec. Aug. 31, 1987. 1099), Sec. So, while Texas law does not specify the time period that landlords must give tenants to enter for non-emergency reasons, 24 hours is a good place to start . January 1, 2014. The landlord may satisfy that burden of proof by providing evidence that the landlord: (1) delivered the notice by certified mail, return receipt requested, addressed to the tenant at the tenant's dwelling; or. 324 (S.B. Sec. 92.153. Renumbered from Sec. 92.331. LANDLORD REMEDY FOR TENANT VIOLATION. This severance remedy is known as "Partition" and is available under Chapter 23 of the Texas Property Code. 91 (S.B. 1072 (H.B. 1, eff. Tenants In Common. (a) A landlord may not require a tenant to pay for repair or replacement of a security device due to normal wear and tear. Sec. (b) If the dwelling has French doors, one door of each pair of French doors must meet the requirements of Subsection (a) and the other door must have: (1) a keyed dead bolt or keyless bolting device capable of insertion into the doorjamb above the door and a keyless bolting device capable of insertion into the floor or threshold, each with a bolt having a throw of one inch or more; or. Jan. 1, 1998. TENANT REMEDIES. (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. 1060 (H.B. 92.060. 92.0563. Contact our offices to discuss your situation with our experienced real estate attorneys. (b) The notice must be given in person or by mail to the affected tenant. (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. Acts 2011, 82nd Leg., R.S., Ch. (2) "Bedroom" means an area of a dwelling intended as sleeping quarters. Landlords can continue with the eviction process if the tenant refuses to leave after the 30-day grace period. 28.01, eff. relationship is known as a cotenancy. 92.006. 5, eff. HEIGHT REQUIREMENTS--SLIDING DOOR SECURITY DEVICES. 650, Sec. GENERAL PROVISIONS. Understanding the law when it comes to Texas Property Code Locks. 917 (H.B. 1, eff. Texas Property Code section 92.056 states: " For a condition that materially affects the physical health or safety of an ordinary tenant, the landlord is required to make repairs or to remedy the condition .". (a) If a security deposit was not required by a residential lease and the tenant is liable for damages and charges on surrender of the premises, the landlord shall notify the tenant in writing of the landlord's claim for damages and charges on or before the date the landlord reports the claim to a consumer reporting agency or third-party debt collector. 92.252. (e) A landlord, not later than the 30th day after the effective date of the termination of a lease under this section, shall refund to the residential tenant terminating the lease under Subsection (b) all rent or other amounts paid in advance under the lease for any period after the effective date of the termination of the lease. (f) If the tenant decides to pay a fee in lieu of a security deposit and the landlord purchases insurance coverage as described by Subsection (e), an agreement required under Subsection (c) must clearly specify the following terms: (1) the fee is being paid only to secure occupancy without a requirement of paying a security deposit; (2) the fee, unless otherwise specified, is not refundable; (3) payment of the fee, unless otherwise specified, does not eliminate, release, or otherwise limit the requirements of the lease, including that the tenant must pay for: (B) damages for which the tenant is legally liable under the lease, other than normal wear and tear; and. b) A landlord is liable to a tenant as provided by this subchapter if: 1. the tenant has given the landlord notice to repair or remedy a condition by giving that notice to the person to whom or to . ACTIONS AND REMEDIES. 794, Sec. 348 (S.B. If you do not meet the selection criteria, or if you provide inaccurate or incomplete information, your application may be rejected and your application fee will not be refunded.". 1, eff. A tenancy in common occurs when two or more parties jointly hold an interest in property. 1198 (S.B. The deferred payment plan must allow the tenant to pay the outstanding electric bill in installments that extend beyond the due date of the next electric bill and must provide that the delinquent amount may be paid in equal installments over a period equal to at least three electric service billing cycles. A management company, managing agent, or on-site manager may reimburse itself for the costs from the owner's funds in its possession or control. 1414), Sec. Aug. 28, 1989. (k) The fee for filing a sworn complaint for restoration of utility service is the same as that for filing a civil action in justice court. 257 (H.B. The landlord has the burden of proving that the tenant received a copy of the rule or policy change. . 869, Sec. (B) a doorknob lock that contains a bolt with at least a one-inch throw. (3) a copy of the settled claim that documents payments made by the insurer to the landlord. 1399), Sec. DEFINITIONS. Knowing what conditions the right of entry within the state of Texas is important, as to avoid any legal issues with the residing tenants. For non-spouses an example might look like John Doe and Jane Doe, as joint owners with rights of survivorship as provided by Texas Estates Code section 111.001, and not as tenants-in-common." Because the statute indicates that the joint owners must "agree in writing," it is suggested that the joint owners also sign the deed indicating . 23.001. 92.0162. Amended by Acts 1985, 69th Leg., ch. (a) The applicant is deemed rejected by the landlord if the landlord does not give notice of acceptance of the applicant on or before the seventh day after the: (1) date the applicant submits a completed rental application to the landlord on an application form furnished by the landlord; or. Added by Acts 2013, 83rd Leg., R.S., Ch. Each common area facility, if any, must be open or available to tenants. TERM OF PARKING PERMIT. (3) the landlord has locally mailed not later than the fifth calendar day before the date on which the door locks are changed or hand-delivered to the tenant or posted on the inside of the main entry door of the tenant's dwelling not later than the third calendar day before the date on which the door locks are changed a written notice stating: (A) the earliest date that the landlord proposes to change the door locks; (B) the amount of rent the tenant must pay to prevent changing of the door locks; (C) the name and street address of the individual to whom, or the location of the on-site management office at which, the delinquent rent may be discussed or paid during the landlord's normal business hours; and. 92.262. 1303), Sec. Jan. 1, 1984. 1099), Sec. Sept. 1, 1993. (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. 92.012. (i) A landlord may not charge a tenant for normal wear and tear of a dwelling. (9) "Possession of a dwelling" means occupancy by a tenant under a lease, including occupancy until the time the tenant moves out or a writ of possession is issued by a court. 92.331 by Acts 1997, 75th Leg., ch. Co-buyers can take title as joint tenants with right of survivorship or tenants in common. January 1, 2016. (d) If a landlord changes the vehicle towing or parking rules or policies during the term of the lease agreement, the landlord shall provide written notice of the change to the tenant before the tenant is required to comply with the rule or policy change. Sec. Sept. 1, 1999. (f) A tenant's guest or invitee who suffers damage because of a landlord's failure to install, inspect, or repair a smoke alarm as required by this subchapter may recover a judgment against the landlord for the damage. EFFECT ON OTHER RIGHTS. A TIC typically has no right of survivorship. Jan. 1, 1984. 92.254. 92.354. Jan. 1, 1996. 165, Sec. OCCUPANCY LIMITS. A party who files or prosecutes a suit under Subchapter B, D, E, or F in bad faith or for purposes of harassment is liable to the defendant for one month's rent plus $100 and for attorney's fees. 1, eff. 1, eff. A tenancy in common is a form of ownership between two or more people. September 1, 2011. 576, Sec. Redesignated from Property Code Sec. 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. 869, Sec. states: A joint owner or claimant of real property or an interest in real property or a joint owner of personal property may compel a partition of the interest or the property among the joint owners or claimants under this chapter and the Texas Rules of Civil Procedure. Sec. APPLICATION OF SUBCHAPTER. 92.055. Instead, under Section 101.002 of the Texas Estates Code, the . 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. 650, Sec. 92.010. (4) the tenant has the right to install or rekey a security device required by this subchapter and deduct the reasonable cost from the tenant's next rent payment, as provided by Subsection (a)(1). (5) court costs and attorney's fees, excluding any attorney's fees for a cause of action for damages relating to a personal injury. Acts 2015, 84th Leg., R.S., Ch. (a) A cause of action does not accrue against a landlord or a landlord's manager or agent solely for leasing a dwelling to a tenant convicted of, or arrested or placed on deferred adjudication for, an offense. Aug. 28, 1995. Sept. 1, 1993; Acts 1995, 74th Leg., ch. EFFECT ON OTHER LANDLORD DUTIES AND TENANT REMEDIES. 92.333 by Acts 1997, 75th Leg., ch. 3, eff. Jan. 1, 1996. 92.101. (a) The landlord shall repair or replace a fire extinguisher at the landlord's expense if: (1) on inspection, the fire extinguisher is found: (B) not to have the correct pressure indicated on the gauge or pressure indicator as recommended by the manufacturer of the fire extinguisher; or. The duties of a landlord and the remedies of a tenant under this subchapter are in lieu of common law, other statutory law, and local ordinances relating to a residential landlord's duty to install, change, rekey, repair, or replace security devices and a tenant's remedies for the landlord's failure to install, change, rekey, repair, or replace security devices, except that a municipal ordinance adopted before January 1, 1993, may require installation of security devices at the landlord's expense by an earlier date than a date required by this subchapter. (c) Repealed by Acts 2009, 81st Leg., R.S., Ch. The tenant must also state orally under oath to the justice the facts of the alleged unlawful utility disconnection. A landlord's failure to respond does not affect the tenant's liability for any late fee owed to the landlord. 744, Sec. (d) A landlord may rebut the presumption provided by Subsection (a) or (b) if despite the diligence of the landlord: (1) the landlord did not know of the tenant's request, without the fault of the landlord; (2) materials, labor, or utilities were unavailable; or. Acts 1983, 68th Leg., p. 3633, ch. You should seek insurance coverage that would cover losses caused by a flood.". Acts 1983, 68th Leg., p. 3639, ch. EMERGENCY PHONE NUMBER. 1, eff. 2 Bedroom Condo with 2 Car Garage! 357, Sec. (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. LANDLORD AND TENANT. Sec. 650, Sec. A sheriff or constable may use reasonable force in executing a writ of reentry under this section. (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. Acts 1983, 68th Leg., p. 3651, ch. 1420, Sec. LANDLORD'S DUTY TO REPAIR OR REPLACE SECURITY DEVICE. (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. LATE PAYMENT OF RENT; FEES. (a) The landlord shall inspect and repair a smoke alarm according to this section. A request by a government official or employee for information must be in writing. 1002), Sec. The term "keyless bolting device" does not include a chain latch, flip latch, surface-mounted slide bolt, mortise door bolt, surface-mounted barrel bolt, surface-mounted swing bar door guard, spring-loaded nightlatch, foot bolt, or other lock or latch; or. (3) included in an attachment to the lease agreement that is signed by the tenant, but only if the attachment is expressly referred to in the lease agreement. (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. 1, eff. 3, eff. January 1, 2014. Acts 2007, 80th Leg., R.S., Ch. (a) A landlord or a landlord's agent may not interrupt or cause the interruption of utility service paid for directly to the utility company by a tenant unless the interruption results from bona fide repairs, construction, or an emergency. 92.023. 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. (c) A landlord who violates this section is liable to the tenant for an amount equal to the sum of $100, three times the amount of the late fee collected in violation of this section, and the tenant's reasonable attorney's fees. (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. 1205, Sec. Tenants in common may, but are not required to, hold different percentages of ownership in the property. Sec. September 1, 2011. 2, eff. Texas law recognizes three forms of cotenancy: community property, joint tenants with the right of survivorship (JTWS), and tenants in common (TIC). Sec. 4, eff. (g) A landlord and a tenant may mutually agree for the tenant to repair or remedy, at the landlord's expense, any condition of the dwelling regardless of whether it materially affects the health or safety of an ordinary tenant. Sept. 1, 1997. (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. Sec. (e) The landlord is entitled to a hearing on the tenant's sworn complaint for restoration of utility service. (g) Except as provided by Subsection (h), a fee collected under this section is a security deposit for purposes of this chapter. 650, Sec. Refreshed: 2021-06-07
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