Amended by Acts 1987, 70th Leg., ch. January 1, 2014. 92.001. The first page of this guide will provide . September 1, 2007. (d) This section does not apply to locks on closet doors or other interior doors. Sec. (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. Sec. 1, eff. Sec. (a) If a tenant files or prosecutes a suit for retaliatory action based on a complaint asserted under Section 92.331(a)(3), and the government building or housing inspector or utility company representative visits the premises and determines in writing that a violation of a building or housing code does not exist or that a utility problem does not exist, there is a rebuttable presumption that the tenant acted in bad faith. 917 (H.B. Amended by Acts 1989, 71st Leg., ch. 1, eff. Renumbered from Sec. (6) "Keyless bolting device" means a door lock not in the doorknob that locks: (A) with a bolt into a strike plate screwed into the portion of the doorjamb surface that faces the edge of the door when the door is closed or into a metal doorjamb that serves as the strike plate, operable only by knob or lever from the door's interior and not in any manner from the door's exterior, and that is commonly known as a keyless dead bolt; (B) by a drop bolt system operated by placing a central metal plate over a metal doorjamb restraint that protrudes from the doorjamb and that is affixed to the doorjamb frame by means of three case-hardened screws at least three inches in length. (7) recover court costs and attorney's fees, excluding any attorney's fees for a cause of action for damages relating to a personal injury. (f) The landlord is not obligated to provide batteries for a battery-operated smoke alarm after a tenant takes possession if the smoke alarm was in good working order at the time the tenant took possession. Refreshed: 2021-06-07. Added by Acts 1999, 76th Leg., ch. Aug. 28, 1989. Sec. Jan. 1, 1996. NOTICE OF TENANT'S DEDUCTION OF REPAIR COSTS FROM RENT. (2) more than once during a rental payment period. January 1, 2014. (m) A landlord may not interrupt or cause the interruption of electric service under Subsection (h) to a tenant who receives energy assistance for a billing period during which the landlord receives a pledge, letter of intent, purchase order, or other notification that the energy assistance provider is forwarding sufficient payment to continue the electric service. (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. 39 (H.B. Acts 2007, 80th Leg., R.S., 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). Sec. 6, eff. 593 (S.B. TENANT REMEDIES. One-half of the central plate must overlap the interior surface of the door and the other half of the central plate must overlap the doorjamb when the plate is placed over the doorjamb restraint. Amended by Acts 2001, 77th Leg., ch. (h) Subject to Subsections (i), (j), (k), (m), and (o), a landlord who submeters electricity or allocates or prorates nonsubmetered master metered electricity may interrupt or cause the interruption of electric service for nonpayment by the tenant of an electric bill issued to the tenant if: (1) the landlord's right to interrupt electric service is provided by a written lease entered into by the tenant; (2) the tenant's electric bill is not paid on or before the 12th day after the date the electric bill is issued; (3) advance written notice of the proposed interruption is delivered to the tenant by mail or hand delivery separately from any other written content that: (A) prominently displays the words "electricity termination notice" or similar language underlined or in bold; (i) the date on which the electric service will be interrupted; (ii) a location where the tenant may go during the landlord's normal business hours to make arrangements to pay the bill to avoid interruption of electric service; (iii) the amount that must be paid to avoid interruption of electric service; (iv) a statement providing that when the tenant makes a payment to avoid interruption of electric service, the landlord may not apply that payment to rent or other amounts owed under the lease; (v) a statement providing that the landlord may not evict a tenant for failure to pay an electric bill when the landlord has interrupted the tenant's electric service unless the tenant fails to pay for the electric service after the electric service has been interrupted for at least two days, not including weekends or state or federal holidays; and, (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; and, (C) is delivered not earlier than the first day after the bill is past due or later than the fifth day before the interruption date stated in the notice; and. (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. (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. (b) If a rental applicant requests that any acceptance of the applicant or any refund of the applicant's application deposit be mailed to the applicant, the landlord must mail the refund check to the applicant at the address furnished by the applicant. A tenants-in-common (TIC) agreement is a way to own a share of an entire property with a number of people, says Jeff Miller, a real estate agent and team lead at AE Home Group in Baltimore. 650, Sec. The legal term "tenants in common" refers to a form of ownership in which two or more people own separate shares of the same real property. The hearing shall be held not earlier than the first day and not later than the seventh day after the date the landlord requests a hearing. 576, Sec. Acts 1983, 68th Leg., p. 3645, ch. 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. (3) file suit against the landlord and obtain a judgment for: (C) punitive damages if the tenant suffers actual damages and the landlord's failure to comply is intentional, malicious, or grossly negligent; Sec. 357, Sec. If the property is financed, all tenants must sign for the mortgage. (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. Acts 2007, 80th Leg., R.S., Ch. Jan. 1, 1996. Sec. APPLICATION. Acts 1983, 68th Leg., p. 3631, ch. (B) 48 inches from the floor, if installed on or after September 1, 1993. Our Team; Tips; FAQ; . (b) A smoke alarm must be installed on a ceiling or wall. A TIC typically has no right of survivorship. 576, Sec. Sec. TENANT'S JUDICIAL REMEDIES. Sept. 1, 1997. 917 (H.B. January 1, 2016. (C) enter or exit a vehicle on the leased premises or located in a parking area provided by the landlord for tenants or guests. (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. 07/26/2013. 1168), Sec. (a) A landlord may not require a tenant to pay for repair or replacement of a security device due to normal wear and tear. (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. Section 27.0025 defines a community garden as a portion of . 1, eff. (a) In this section, "governmental entity" means the state, an agency of the state, or a political subdivision of the state. 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. SUBCHAPTER E. DISCLOSURE OF OWNERSHIP AND MANAGEMENT. Renumbered from Property Code Sec. 4173), Sec. RETENTION OF SECURITY DEPOSIT; ACCOUNTING. Overview. (4) documentation of a protective order issued under Subchapter A, Chapter 7B, Code of Criminal Procedure, except for a temporary ex parte order. This subchapter applies to all residential leases. 869, Sec. 92.020. Acts 1983, 68th Leg., p. 3632, ch. (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. 92.301. (e) A landlord who violates this section is liable to the tenant for actual damages, a civil penalty equal in amount to the amount of one month's rent plus $500, and attorney's fees. (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. 3, eff. Landlords can continue with the eviction process if the tenant refuses to leave after the 30-day grace period. 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. (c) Disclosure of information to a tenant may be made under Subdivision (1) or (2) of Subsection (b) before the tenant requests the information. Acts 2019, 86th Leg., R.S., Ch. (C) located on the same lot or tract or adjacent lots or tracts of land. 1367), Sec. 5, eff. TENANT'S RIGHT TO SUMMON POLICE OR EMERGENCY ASSISTANCE. The affidavit must state facts showing that the landlord has made and is making diligent efforts to repair the condition, and it must contain dates, names, addresses, and telephone numbers of contractors, suppliers, and repairmen contacted by the owner. INSTALLATION AND LOCATION. Renumbered from Property Code Sec. Acts 1983, 68th Leg., p. 3631, ch. Sec. 48, Sec. January 1, 2010. 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