DEFINITIONS. 1112 (H.B. Sec. (h) If a writ of possession is issued, it supersedes a writ of restoration of utility service. Jan. 1, 1984. 576, Sec. Sept. 1, 1993; Acts 1999, 76th Leg., ch. 937, Sec. 1, eff. The following are deeds that are used for transfer of real property in Texas: Texas Deed Transfer Acts 2009, 81st Leg., R.S., Ch. (4) documentation of a protective order issued under Subchapter A, Chapter 7B, Code of Criminal Procedure, except for a temporary ex parte order. 534), Sec. 3101), Sec. (l) This section does not affect the ability of a landlord to pursue other available remedies, including the remedies provided by Chapter 24. Acts 1983, 68th Leg., p. 3631, ch. (e) Repealed by Acts 2017, 85th Leg., R.S., Ch. 689, Sec. (3) changing the door locks on the door to the tenant's individual unit of a tenant who is delinquent in paying at least part of the rent. (C) refund the tenant's security deposit, less lawful deductions, to the person designated under Subdivision (1). Jan. 1, 1984. (4) "Normal wear and tear" means deterioration that results from the intended use of a dwelling, including, for the purposes of Subchapters B and D, breakage or malfunction due to age or deteriorated condition, but the term does not include deterioration that results from negligence, carelessness, accident, or abuse of the premises, equipment, or chattels by the tenant, by a member of the tenant's household, or by a guest or invitee of the tenant. Jan. 1, 1984. Jan. 1, 1996. 917 (H.B. Tenants in common may, but are not required to, hold different percentages of ownership in the property. The owners may own the property either as tenants in common or as joint tenants with right of survivorship. (c) A landlord may require a tenant to pay in advance charges for which the tenant is liable under this subchapter if a written lease authorizes the landlord to require advance payment, and the landlord notifies the tenant within a reasonable time after the tenant's request that advance payment is required, and: (1) the tenant is more than 30 days delinquent in reimbursing the landlord for charges to which the landlord is entitled under Subsection (b); or. (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. (ii) the interior of the unit provides access for building wiring through an attic, crawl space, or basement without the removal of interior walls or ceiling finishes; (2) an addition occurs to the unit at a projected cost of more than $5,000; (3) a smoke alarm powered by alternating current was actually installed in the unit at any time prior to September 1, 1987; or. (a) Except as provided by Section 92.107, the landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises. NOTICE OF TENANT'S DEDUCTION OF REPAIR COSTS FROM RENT. (3) after the tenant gives a repair notice to the landlord and after the landlord has had a reasonable time to make repairs, the tenant is entitled only to the remedies under Subsection (d) of this section and Subdivisions (3), (4), and (5) of Subsection (a) of Section 92.0563. (5) unilateral termination of the lease without a court proceeding. The drop bolt system must prevent the door from being opened unless the central plate is lifted off of the doorjamb restraint by a person who is on the interior side of the door. (2) knows or has reason to know that the requirements of the subsection granting the exemption are not fulfilled. (b) If the landlord makes the notice available under Subsection (a), the applicant shall sign an acknowledgment indicating the notice was made available. Termination of a lease under this subsection is effective when the tenant surrenders possession of the dwelling. (2) more than once during a rental payment period. (2) the landlord has given notice to the tenant that the landlord intends to exercise the landlord's remedies under this subchapter if the tenant does not reconnect, repair, or replace the smoke alarm or replace the removed battery within seven days after being notified by the landlord to do so. 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. (5-a) "Rental application" means a written request made by an applicant to a landlord to lease premises from the landlord. (4) the fee, unless otherwise specified, is not paying for insurance that covers the tenant or otherwise changes the tenant's obligation to pay rent and damages beyond normal wear and tear. ADDITIONAL ENFORCEMENT BY LOCAL ORDINANCE. 31.01(71), eff. The key distinction between a tenancy in common and a joint tenancy is that a joint tenancy contains a right of survivorship. Acts 2019, 86th Leg., R.S., Ch. Jan. 1, 1984. (2) made a notation in the landlord's files of the time, place, and method of providing the notice and the name of the person who delivered the notice by: (A) hand delivery to the tenant or any occupant of the tenant's dwelling over the age of 16 years at the tenant's dwelling; (B) facsimile to a facsimile number the tenant provided to the landlord for the purpose of receiving notices; or. Sec. (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. 92.164. Sec. You should seek insurance coverage that would cover losses caused by a flood.". (g) 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. (2) within a reasonable time after receiving a written request by a tenant. (m) If an insurer seeks reimbursement under Subsection (l)(2), the insurer must include in the reimbursement demand: (1) evidence of damages or unpaid rent that the landlord submitted to the insurer; (2) evidence of damage repair costs that the landlord submitted to the insurer; and. (e) The affidavit must be delivered to the tenant by any of the following methods: (2) certified mail, return receipt requested, to the tenant; or. A landlord and tenant may agree to the provisions of this subsection only if the agreement meets the requirements of Subdivision (4) of Subsection (e) of this section. 92.202. (3) including the information in a copy of the tenant's lease or in written rules given to the tenant before the tenant requests the information. (d) The landlord must comply with the tenant's request for inspection or repair of a smoke alarm within a reasonable time, considering the availability of material, labor, and utilities. (2) may not be effective before the 14th day after the date notice of the change is delivered to the tenant, unless the change is the result of a construction or utility emergency. 92.0191. 92.110. Acts 2015, 84th Leg., R.S., Ch. INSTALLATION AND LOCATION. The request must be a separate document and may not be included as part of a lease agreement. Sept. 1, 1993. 92.163. The landlord's duty of inspection and repair of smoke alarms under Subchapter F may be waived only by written agreement. 1, 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. (c) Repealed by Acts 2009, 81st Leg., R.S., Ch. Code 101.002). Jan. 1, 1984. 3, eff. (C) explaining the remedies available to the tenant for the landlord's failure to comply. 92.057(b), (c) and amended by Acts 1995, 74th Leg., ch. (e) A fee collected under this section may be used to purchase insurance coverage for damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease. (C) damage the property of the landlord, other tenants, or neighbors. Sec. Acts 2007, 80th Leg., R.S., Ch. 357, Sec. (4) court costs and attorney's fees arising from any related cause of action by the tenant against the landlord. Aug. 28, 1989. (b) A person may specify in writing in an original lease that the person will guarantee a renewal of the lease only if the original lease states: (1) the last date, as specified by the guarantor, on which the renewal of the lease will renew the obligation of the guarantor; (2) that the guarantor is liable under a renewal of the lease that occurs on or before that date; and. 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. 10, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 683, Sec. (c) A tenant is not liable for damages suffered by the landlord if the damage is caused by the landlord's failure to repair the smoke alarm within a reasonable time after the tenant requests it to be repaired, considering the availability of material, labor, and utilities. 588 (S.B. (a) Subject to Subsections (b) and (c), a smoke alarm must be installed according to the manufacturer's recommended procedures. (h) If a writ of possession is issued, it supersedes a writ of reentry. 1168), Sec. 4, eff. (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. (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. (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. POSSESSION OF FIREARMS OR FIREARM AMMUNITION ON LEASED PREMISES. The fee for service of a show cause order is the same as that for service of a civil citation. (b) A tenant may, without request from the landlord, provide the landlord with the information in Subsection (a). 650, Sec. 189 (S.B. In general, this means that any property acquired by a couple during their marriage (with a few exceptions) is equally owned by both spouses. Sec. Acts 2007, 80th Leg., R.S., Ch. Jan. 1, 1984. 1120), Sec. (a) At the time an applicant is provided with a rental application, the landlord shall make available to the applicant printed notice of the landlord's tenant selection criteria and the grounds for which the rental application may be denied, including the applicant's: (5) failure to provide accurate or complete information on the application form. Sec. Added by Acts 1993, 73rd Leg., ch. (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. 16, eff. Acts 2009, 81st Leg., R.S., Ch. (a) A landlord shall install at least one smoke alarm in each separate bedroom in a dwelling unit. 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. 1439, Sec. Acts 1983, 68th Leg., p. 3634, ch. 1051 (H.B. In an eviction suit, retaliation by the landlord under Section 92.331 is a defense and a rent deduction lawfully made by the tenant under this chapter is a defense for nonpayment of the rent to the extent allowed by this chapter. 92.335. (a-1) For purposes of this section, a late fee is considered reasonable if: (A) 12 percent of the amount of rent for the rental period under the lease for a dwelling located in a structure that contains not more than four dwelling units; or, (B) 10 percent of the amount of rent for the rental period under the lease for a dwelling located in a structure that contains more than four dwelling units; or. 1, eff. 409 (H.B. 92.007. 1086), Sec. CONDOMINIUMS. 2, eff. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING CERTAIN DECISIONS RELATED TO MILITARY SERVICE. 1099), Sec. 1, eff. 92.009. (a) A landlord is liable according to this subchapter if: (1) the landlord did not install a smoke alarm at the time of initial occupancy by the tenant as required by this subchapter or a municipal ordinance permitted by this subchapter; or. Co-buyers can take title as joint tenants with right of survivorship or tenants in common. (c) If the date of required notice of acceptance or required refund of an application deposit is a Saturday, Sunday, or state or federal holiday, the required date shall be extended to the end of the next day following the Saturday, Sunday, or holiday. Amended by Acts 1989, 71st Leg., ch. 1, eff. 1, eff. 1, eff. 34, eff. A managing agent or an agent to whom rent is regularly paid, whether residing or maintaining an office on-site or off-site, is the agent of the landlord for purposes of notice and other communications required or permitted by this subchapter. (a) In this section: (1) "100-year floodplain" means any area of land designated as a flood hazard area with a one percent or greater chance of flooding each year by the Federal Emergency Management Agency under the National Flood Insurance Act of 1968 (42 U.S.C. January 1, 2010. (c) During the term of a lease or during a renewal or extension, the landlord has a duty to inspect and repair a smoke alarm, but only if the tenant gives the landlord notice of a malfunction or requests to the landlord that the smoke alarm be inspected or repaired. Tenants in Common. Renumbered from Property Code Sec. 1072 (H.B. 650, Sec. 92.057(a) and amended by Acts 1995, 74th Leg., ch. (c) A tenant who terminates a lease under Subsection (b) shall deliver to the landlord or landlord's agent: (1) a written notice of termination of the lease; and. 3101), Sec. 651 (H.B. 7.002(o), eff. (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. (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. (e) The owner of a dwelling shall reimburse a management company, managing agent, or on-site manager for costs expended by that person in complying with this subchapter. 1439, 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. 357, Sec. Disputes can easily arise in any common property ownership situation. Sec. 2022 Texas Statutes Property Code Title 8 - Landlord and Tenant Chapter 92 . Added by Acts 2009, 81st Leg., R.S., Ch. (2) "Door viewer" means a permanently installed device in an exterior door that allows a person inside the dwelling to view a person outside the door. LANDLORD REMEDY FOR TENANT VIOLATION. 869, Sec. 92.0131. 21.001, eff. Amended by Acts 2001, 77th Leg., ch. When secured to the screw hooks, the bar or tube must prevent the door from being opened unless the bar or tube is removed by a person who is on the interior side of the door. Sept. 1, 1993; Acts 1995, 74th Leg., ch. Sept. 1, 1993. 92.264. Sec. 1, eff. 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. Acts 1983, 68th Leg., p. 3648, ch. 1, eff. September 1, 2011. 1, eff. 92.333 by Acts 1997, 75th Leg., ch. (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. TENANT REMEDIES. (3) in other locations controlled by the landlord as necessary to: (A) enter or exit the tenant's rental unit; (B) enter or exit the leased premises; or. Their key, card, or combination lock was replaced. Property and real estate laws also include zoning regulations, which determine which kinds of structures may be built in a given location. Co-tenants may reasonably improve a property without the consent of the other co-tenants, so long as it does not injure the rights of other co-tenants. 31.01(71), eff. 10, eff. (b) A provision in a lease is void if the provision purports to: (1) waive a tenant's right to summon police or other emergency assistance based on the tenant's reasonable belief that an individual is in need of intervention or emergency assistance; or. 337 (H.B. They're both entitled to the use of the entire house. Sec. June 20, 2003. Sec. Tenancy in common is a way for two or more individuals to hold the title to a property. 3, eff. 630), Sec. 1205, Sec. Amended by Acts 1993, 73rd Leg., ch. CHAPTER 92. 92.061. (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. NOTICE TO TENANT AT PRIMARY RESIDENCE. Pflugerville, TX 78660. 1, eff. (c) Subsection (a) does not apply to a real estate mortgage lienholder who acquires title by foreclosure. 8, eff. 92.153. Jan. 1, 1996. 1198 (S.B. (B) a peephole having a barrel with a one-way lens of glass or other substance providing an angle view of not less than 160 degrees. Jan. 1, 1984. Jan. 1, 1984. 94.005. Jan. 1, 1996. Jan. 1, 1996. 92.355. January 1, 2010. Sept. 1, 2001. If, after a landlord has notified a tenant in writing of (1) the illegality of the tenant's rent withholding or the tenant's proposed repair and (2) the penalties of this subchapter, the tenant withholds rent, causes repairs to be performed, or makes rent deductions for repairs in bad faith violation of this subchapter, the landlord may recover from the tenant a civil penalty of one month's rent plus $500. 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 . APPLICATION. TENANT'S DISABLING OF A SMOKE ALARM. 5, eff. Tex. (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. 917 (H.B. 76, Sec. (e) If the requirements of Subsection (d) of this section are met, a tenant may: (1) have the condition repaired or remedied immediately following the tenant's notice of intent to repair if the condition involves sewage or flooding as referred to in Paragraph (A) of Subdivision (3) of Subsection (d) of this section; (2) have the condition repaired or remedied if the condition involves a cessation of potable water as referred to in Paragraph (A) of Subdivision (3) of Subsection (d) of this section and if the landlord has failed to repair or remedy the condition within three days following the tenant's delivery of notice of intent to repair; (3) have the condition repaired or remedied if the condition involves inadequate heat or cooled air as referred to in Paragraph (C) of Subdivision (3) of Subsection (d) of this section and if the landlord has failed to repair the condition within three days after delivery of the tenant's notice of intent to repair; or. (f) If an applicant requests a landlord to mail a refund of the applicant's application fee to the applicant, the landlord shall mail the refund check to the applicant at the address furnished by the applicant. (B) to deploy with a military unit for a period of 90 days or more. Sept. 1, 1999. 07/26/2013. 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. These concurrent estates are similar, but have key distinctions which can have significant effects when it comes to issues of inheritance. 9, eff. If the insurance company has already paid the landlord for the invalidated claim, the landlord shall return the payment. Amended by Acts 1993, 73rd Leg., ch. 92.161. (e) 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. The bar or tube must be capable of being secured to both of the screw hooks and must be permanently attached in some way to the door frame stud or wall stud. (e) The landlord is entitled to a hearing on the tenant's sworn complaint for restoration of utility service. 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. 1715), Sec. 92.168. The device must be: (A) a clear glass pane or one-way mirror; or. Amended by Acts 1989, 71st Leg., ch. (b) If a tenant files or prosecutes a suit under this subchapter in bad faith, the landlord may recover possession of the dwelling unit and may recover from the tenant a civil penalty of one month's rent plus $500, court costs, and reasonable attorney's fees. 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