48, Sec. 92.061. 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. The other two types are a joint tenancy and a tenancy by the entirety. (a) Not later than the third business day after the date the lease is signed by each party to the lease, a landlord shall provide at least one complete copy of the lease to at least one tenant who is a party to the lease. Jan. 1, 1984. (d) A landlord of a tenant who is liable under Subsection (a) may obtain or exercise one or more of the remedies in Subsection (e) if: (1) a lease between the landlord and tenant contains a notice, in underlined or boldfaced print, which states in substance that the tenant must not disconnect or intentionally damage a smoke alarm or remove the battery without immediately replacing it with a working battery and that the tenant may be subject to damages, civil penalties, and attorney's fees under Section 92.2611 of the Property Code for not complying with the notice; and. 576, Sec. TENANT REMEDIES FOR LANDLORD'S FAILURE TO INSTALL OR REKEY CERTAIN SECURITY DEVICES. (h) If a writ of possession is issued, it supersedes a writ of reentry. Sec. Sec. 1, eff. In this article, I will focus on TIC. 1, eff. 1, eff. 92.159. A joint tenants interest is therefore not freely devisable in a will. Added by Acts 2009, 81st Leg., R.S., Ch. 1112 (H.B. 1, eff. January 1, 2014. 92.262. (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. Acts 1983, 68th Leg., p. 3641, ch. When one co-owner dies, the interest . 2, eff. Acts 1983, 68th Leg., p. 3653, ch. (e) Repealed by Acts 2009, 81st Leg., R.S., Ch. AGENT FOR DELIVERY OF NOTICE. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING CERTAIN DECISIONS RELATED TO MILITARY SERVICE. Sec. A tenant of a landlord who is liable under Section 92.259 may obtain or exercise one or more of the following remedies: (1) a court order directing the landlord to comply with the tenant's request if the tenant is in possession of the dwelling unit; (2) a judgment against the landlord for damages suffered by the tenant because of the landlord's violation; (3) a judgment against the landlord for a civil penalty of one month's rent plus $100 if the landlord violates Section 92.259(a)(2); (4) a judgment against the landlord for court costs; (5) a judgment against the landlord for attorney's fees in an action under Subdivision (1) or (3); and. If another provision of this subchapter conflicts with this section, this section controls. TENANT'S REMEDIES REGARDING REVOCATION OF CERTIFICATE OF OCCUPANCY. (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. 3101), Sec. HB 262 adds Section 75.0025 to the Texas Civil Practice and Remedies Code, which establishes a limitation on the liability of property owners, including Homeowners Associations, that allow their property (ie., common elements or common areas) to be used as a "community garden.". (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. (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. The landlord is not required to give the tenant a description and itemized list of deductions if: (1) the tenant owes rent when he surrenders possession of the premises; and. Acts 2011, 82nd Leg., R.S., Ch. (c) The landlord has the burden of pleading and proving, by clear and convincing evidence, that the landlord gave the tenant the required notice of the illegality and the penalties and that the tenant's violation was done in bad faith. For purposes of this section, if a tenant's rent is subsidized in whole or in part by a governmental entity, "one month's rent" means one month's fair market rent. (e) A landlord or landlord's agent who lawfully permits a person described by Subsection (a) to enter or facilitates the person's entry into the leased premises under this section is not liable for an act or omission that arises in connection with permitting or facilitating the entry. 576, Sec. 918, Sec. 91.002 by Acts 1987, 70th Leg., ch. Jan. 1, 1984. Sec. (2) "Board" means the governing body of a property owners' association. 576, Sec. 4, eff. 92.017. 12, eff. Acts 2007, 80th Leg., R.S., Ch. Tenants in common may, but are not required to, hold different percentages of ownership in the property. (b) A tenant who is a servicemember or a dependent of a servicemember may vacate the dwelling leased by the tenant and avoid liability for future rent and all other sums due under the lease for terminating the lease and vacating the dwelling before the end of the lease term if: (1) the lease was executed by or on behalf of a person who, after executing the lease or during the term of the lease, enters military service; or. 18, eff. Tenancy in common allows more than one person to own a property, such as a home or land parcel, at the same time. Sept. 1, 1993. (2) the late fee is more than the applicable amount under Subdivision (1), but not more than uncertain damages to the landlord related to the late payment of rent, including direct or indirect expenses, direct or indirect costs, or overhead associated with the collection of late payment. (b) If within the time allowed under Section 92.162(c) a landlord requests advance payment of charges that the landlord is entitled to collect under that section, the landlord shall comply with a tenant's request under Section 92.156(b), 92.157(a), or 92.157(b) within a reasonable time. 5, eff. 921 (H.B. Jan. 1, 1984. (f) Except as provided by Subsection (g), 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. 1715), Sec. As in most jurisdictions, a "tenancy in common" in Texas is a form of joint ownership that comes into existence when real property is transferred, whether by conveyance, inheritance or operation of law to two or more persons in their own right, unless acquired in partnership, in joint tenancy or by husband and wife as . (f) Affidavits for delay by a landlord under this section must be submitted in good faith. (a) A landlord who has expressly or impliedly agreed in the lease to furnish and pay for water, gas, or electric service to the tenant's dwelling is liable to the tenant if the utility company has cut off utility service to the tenant's dwelling or has given written notice to the tenant that such utility service is about to be cut off because of the landlord's nonpayment of the utility bill. Sec. 92.102. The fee for service of a show cause order is the same as that for service of a civil citation. 1186), Sec. CLOSING THE RENTAL PREMISES. Sept. 1, 1993; Acts 1999, 76th Leg., ch. 1344 (S.B. January 1, 2010. (c) If the tenant is a victim or a parent or guardian of a victim of sexual assault under Section 22.011, Penal Code, aggravated sexual assault under Section 22.021, Penal Code, indecency with a child under Section 21.11, Penal Code, sexual performance by a child under Section 43.25, Penal Code, continuous sexual abuse of young child or disabled individual under Section 21.02, Penal Code, or an attempt to commit any of the foregoing offenses under Section 15.01, 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 the assault or abuse, or attempted assault or abuse, of the victim from a licensed health care services provider who examined the victim; (2) documentation of the assault or abuse, or attempted assault or abuse, of the victim from a licensed mental health services provider who examined or evaluated the victim; (3) documentation of the assault or abuse, or attempted assault or abuse, of the victim from an individual authorized under Chapter 420, Government Code, who provided services to the victim; or. (l) A deferred payment plan for the purposes of this section must be in writing. January 1, 2016. (b) A keyed dead bolt or a keyless bolting device described in Section 92.151(6)(A) or (B) in a dwelling must: (1) have a strike plate screwed into the portion of the doorjamb surface that faces the edge of the door when the door is closed; or. (2) The tenant's right to repair and deduct for conditions involving sewage backup or overflow, flooding inside the dwelling, or a cutoff of potable water under Subsection (e) of Section 92.0561 shall not be affected, and the tenant shall have no duty to give additional notice to the new landlord. (e) Repealed by Acts 2017, 85th Leg., R.S., Ch. GENERAL PROVISIONS. Issues not covered by the Property Code are covered by the common law. A landlord may not require a tenant to pay for other repairs or replacements of a security device except as provided by Subsections (b), (c), and (d). 576, Sec. Added by Acts 2007, 80th Leg., R.S., Ch. (e) A landlord may not change the locks on the door of a tenant's dwelling under Subsection (b)(3) on a day, or on a day immediately before a day, on which the landlord or other designated individual is not available, or on which any on-site management office is not open, for the tenant to tender the delinquent rent. Sept. 1, 1989; Acts 1989, 71st Leg., ch. Jan. 1, 1996. 576, Sec. EFFECT ON OTHER RIGHTS. September 1, 2019. (k) If a tenant has established, in accordance with Subsection (j), the circumstances necessary to avoid electric service interruption under that subsection, the landlord may not interrupt or cause the interruption of the tenant's electric service under Subsection (h) before: (1) the 63rd day after the date those circumstances are established; or. Renumbered from Property Code Sec. 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. Jan. 1, 1984. (b) After a tenant receives the notice and moves out: (1) the local health officer or building inspector may not allow occupancy of or utility service by separate meter to the rental unit until the officer certifies that he knows of no condition that materially affects the physical health or safety of an ordinary tenant; and. 650, Sec. 92.0191. 9, eff. 1, eff. 92.101. (b) A landlord is not required to provide the notice under Subsection (a) if the tenant has not given the landlord the tenant's forwarding address as provided by Section 92.107. (b) A landlord who knowingly violates Section 92.006 by contracting orally or in writing with a tenant to waive the landlord's duty to repair under this subchapter shall be liable to the tenant for actual damages, a civil penalty of one month's rent plus $2,000, and reasonable attorney's fees. 576, Sec. Section 511. 92.004. (k) A landlord may not change the locks on the door of a tenant's dwelling under Subsection (b)(3): (1) when the tenant or any other legal occupant is in the dwelling; or. (888) 601-6005 [email protected] About Us. If the tenants in common were unmarried but a couple, the late tenant may have left her share to her partner in her will. 257 (H.B. An experienced Texas real estate litigation attorney can assist you with negotiating or modifying a commercial lease. The fee for service of a writ of restoration of utility service is the same as that for service of a writ of possession. 3, eff. (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. Amended by Acts 1989, 71st Leg., ch. September 1, 2017. 92.251. (j) A provision of a lease that purports to waive a right or to exempt a party from a liability or duty under this section is void. CASUALTY LOSS. The landlord's duty of inspection and repair of smoke alarms under Subchapter F may be waived only by written agreement. (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. (d) A tenant may exercise the rights to terminate the lease under Subsection (b), vacate the dwelling before the end of the lease term, and avoid liability beginning on the date after all of the following events have occurred: (1) the tenant provides a copy of the relevant documentation described by Subsection (c) or (c-1) to the landlord; (2) the tenant provides written notice of termination of the lease to the landlord on or before the 30th day before the date the lease terminates; (3) the 30th day after the date the tenant provided notice under Subdivision (2) expires; and. 1, eff. (B) does not increase the guarantor's potential financial obligation for rent that existed under the original lease. 1, eff. 1, eff. Added by Acts 1989, 71st Leg., ch. 1198 (S.B. (3) "Exterior door" means a door providing access from a dwelling interior to the exterior. (2) an earlier date agreed to by the landlord and the tenant. 92.206. (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. Sept. 1, 1993; Acts 1999, 76th Leg., ch. (c) This subchapter does not require the landlord: (1) to furnish utilities from a utility company if as a practical matter the utility lines of the company are not reasonably available; or. Sec. (f) A tenant who terminates a lease under Subsection (b) is released from all liability for any delinquent, unpaid rent owed to the landlord by the tenant on the effective date of the lease termination if the lease does not contain language substantially equivalent to the following: "Tenants may have special statutory rights to terminate the lease early in certain situations involving family violence or a military deployment or transfer.". (g) eff. Acts 1983, 68th Leg., p. 3648, ch. 1, eff. 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) 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. (1) "Adult" means an individual 18 years of age or older. The notice shall also contain a reasonable description of the intended repair or remedy. 576, Sec. COMPLIANCE WITH TENANT REQUEST REQUIRED WITHIN REASONABLE TIME. Acts 2011, 82nd Leg., R.S., Ch. (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. When a new tenant arrives, all security devices in the building must be rekeyed. 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 . Jan. 1, 1984. January 1, 2016. The Property Code thoroughly addresses most situations which can arise between a landlord and tenant, e.g., a landlord's duty to repair; when and under what circumstances a tenant may resort to self-help in getting repairs; when and under . . 92.334. (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. 23.011, eff. 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. (2) impose monetary or other penalties on a tenant who summons police or emergency assistance if the assistance was requested or dispatched based on the tenant's reasonable belief that an individual was in need of intervention or emergency assistance. 348 (S.B. (b) If a landlord is liable to the tenant under Subsection (a) of this section, the tenant may: (1) pay the utility company money to reconnect or avert the cutoff of utilities according to this section; (2) terminate the lease if the termination notice is in writing and move-out is to be within 30 days from the date the tenant has notice from the utility company of a future cutoff or notice of an actual cutoff, whichever is sooner; (3) deduct from the tenant's rent, without necessity of judicial action, the amounts paid to the utility company to reconnect or avert a cutoff; (4) if the lease is terminated by the tenant, deduct the tenant's security deposit from the tenant's rent without necessity of lawsuit or obtain a refund of the tenant's security deposit pursuant to law; (5) if the lease is terminated by the tenant, recover a pro rata refund of any advance rentals paid from the date of termination or the date the tenant moves out, whichever is later; (6) recover actual damages, including but not limited to moving costs, utility connection fees, storage fees, and lost wages from work; and. It also means a "dwelling" as defined by Section 92.001. Sec. Acts 2015, 84th Leg., R.S., Ch. (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. The owners may own the property either as tenants in common or as joint tenants with right of survivorship. 744, Sec. Acts 2009, 81st Leg., R.S., Ch. Sec. Sec. Sept. 1, 1997. 92.005. The device must be: (A) a clear glass pane or one-way mirror; or. 7, eff. Added by Acts 2001, 77th Leg., ch. 83), Sec. 92.107. (i) Except as provided by Subsection (j), 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. 92.264. VENUE. (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. A reconnection fee may not be applied unless agreed to by the tenant in a written lease that states the exact dollar amount of the reconnection fee. 31.01(71), eff. (b) The tenant shall notify the landlord in writing of any change in the tenant's primary residence address. (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. (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. These concurrent estates are similar, but have key distinctions which can have significant effects when it comes to issues of inheritance. 92.001. INSTALLATION PROCEDURE. 2.63, eff. (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. Except as otherwise provided by this chapter, in this chapter: (1) "Dwelling" means one or more rooms rented for use as a permanent residence under a single lease to one or more tenants. (3) a copy of the settled claim that documents payments made by the insurer to the landlord. Renumbered from Sec. So one key difference between a tenancy in common and other forms of concurrent ownership is that the code tenants can have different ownership interests in the land. (h) If a landlord violates this section, the tenant may: (2) recover from the landlord a civil penalty of one month's rent plus $1,000, actual damages, court costs, and reasonable attorney's fees in an action to recover property damages, actual expenses, or civil penalties, less any delinquent rent or other sums for which the tenant is liable to the landlord. (2) within a reasonable time after receiving a written request by a tenant. LIABILITY FOR LEASING TO PERSON WITH CRIMINAL RECORD. September 1, 2015. 2. 5, eff. 1168), Sec. 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. (2) knows or has reason to know that the requirements of the subsection granting the exemption are not fulfilled. 92.202. A provision of a rental application that purports to waive a right or exempt a party from a liability or duty under this subchapter is void. 1, eff. Chapter 91, Section 3 (91.003) - public indecency. 92.001. (e) If a tenant, after being furnished with a copy of this subchapter, knowingly violates Subsection (a), the landlord shall have no responsibility after the tenant's death for removal, storage, disappearance, damage, or disposition of property in the tenant's leased premises. September 1, 2011. 2, eff. Acts 1983, 68th Leg., p. 3637, ch. LEASE WITHOUT SECURITY DEPOSIT; REQUIRED NOTICE. On request of the tenant, the landlord shall provide the statement to the tenant by any established means regularly used for written communication between the landlord and the tenant. 257 (H.B. If a tenant in common is not in possession of the real estate, that co-tenant is entitled to receive the reasonable rental value of the property from the . 1198 (S.B. 882), Sec. 2, eff. Sec. (2) payable at the time each rent payment is due during the lease. (e) A landlord who violates Subsection (b) or (d) is liable to the tenant for an amount equal to the total of one month's rent plus $100 and attorney's fees. Sept. 1, 1993. What Does The Texas Landlord And Tenant Act Cover? Added by Acts 2005, 79th Leg., Ch. (6) the tenant was not delinquent in the payment of rent at the time any notice required by this subsection was given. 92.259. 1072 (H.B. 1, 3, eff. 3101), Sec. Sec. If the tenant's rent payment to the landlord is subsidized in whole or in part by a governmental entity, the civil penalty granted under this section shall reflect the fair market rent of the dwelling plus $500. 92.168. 475, Sec. Refreshed: 2021-06-07. 92.110. Sec. 576, Sec. (3) if the dwelling unit has multiple levels, at least one smoke alarm must be located on each level. EXEMPTIONS. Co-tenants are "undivided," in the eyes of many states. (2) date the landlord accepts an application deposit if the landlord does not furnish the applicant an application form. 683, Sec. 1, eff. 92.020. 92.104. 1, eff. The landlord may file subsequent affidavits, provided that the total delay of the repair or remedy extends no longer than six months from the date the landlord delivers the first affidavit to the tenant. 92.059 and amended by Acts 1995, 74th Leg., ch. LIABILITY OF TENANT FOR GOVERNMENTAL FINES. 8, eff. (a) A landlord's liability under this section is subject to Section 92.052(b) regarding conditions that are caused by a tenant and Section 92.054 regarding conditions that are insured casualties. They are: Dwellings that are part of a multi-unit complex in which the majority of tenants are over age 55 or have physical or mental disabilities. 92.162. 5, eff. (2) checking to ensure the fire extinguisher gauge or pressure indicator indicates the correct pressure as recommended by the manufacturer of the fire extinguisher. Added by Acts 1995, 74th Leg., ch. (b) A tenant may terminate the tenant's rights and obligations under a lease and may vacate the dwelling and avoid liability for future rent and any other sums due under the lease for terminating the lease and vacating the dwelling before the end of the lease term if the tenant complies with Subsection (c). Civil Practice and Remedies Code, alleging that a common nuisance is being maintained on the leased premises with . All Rights Reserved. (b) A tenant may terminate the tenant's rights and obligations under a lease and may vacate the dwelling and avoid liability for future rent and any other sums due under the lease for terminating the lease and vacating the dwelling before the end of the lease term after the tenant complies with Subsection (c) or (c-1). (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. (l) If an insurer compensates a landlord for a tenant's damages or unpaid rent under a valid claim: (1) the landlord may not seek or collect reimbursement from the tenant of the amounts that the insurer paid to the landlord; (2) the insurer that has paid a landlord after receipt of a claim filed by a landlord, if allowed by a subrogation clause in the insurance described by Subsection (e) and before the first anniversary of the termination of the tenant's occupancy, may seek reimbursement from the tenant of only the amounts paid to the landlord; and. 1168), Sec. Jan. 1, 1996. 94.005. (3) the representative signs an inventory of the removed property, if required by the landlord or the landlord's agent. Acts 1983, 68th Leg., p. 3649, ch. (b) Except as provided by Section 92.255(b), a smoke alarm may be powered by battery, alternating current, or other power source as required by local ordinance. 92.158. 3, eff. RETALIATION BY LANDLORD. (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. (c) A security device required by Subsection (a) or (b) must be installed at the landlord's expense. (e) If a tenant vacates the premises in breach of a written lease, the landlord may deduct from the tenant's security deposit the reasonable cost incurred by the landlord to rekey a security device as required by this section only if the lease includes a provision that is underlined or printed in boldface type authorizing the deduction. 650, Sec. Their key, card, or combination lock was replaced. 1439, Sec. Sec. Amended by Acts 1995, 74th Leg., ch. 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Payments made by the landlord and tenant Act Cover of many states many.