Each person can hold an equal or unequal percentage of the overall property. Acts 1983, 68th Leg., p. 3646, ch. (2) a copy of an appropriate government document providing evidence of the tenant's entrance into military service if Subsection (b)(1) applies or a copy of the servicemember's military orders if Subsection (b)(2) applies. 576, Sec. 3, eff. 9, eff. Sec. September 1, 2011. SUBCHAPTER A. INSTALLATION PROCEDURE. TENANT REMEDIES. 39 (H.B. 31.01(71), eff. (2) be installed in a door with a metal doorjamb that serves as the strike plate. LANDLORD'S DUTY TO PROVIDE COPY OF LEASE. 1439, Sec. 92.252. (5-a) "Rental application" means a written request made by an applicant to a landlord to lease premises from the landlord. 576, Sec. PROPERTY CODE. A tenancy in common (TIC) is one of three types of concurrent estates (defined as an estate that has shared ownership, in which each owner owns a share of the property). Sec. January 1, 2014. (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. (3) a copy of the settled claim that documents payments made by the insurer to the landlord. 5, eff. (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. (e) Repealed by Acts 2017, 85th Leg., R.S., Ch. Code 101.002). Sept. 1, 1995; Acts 1995, 74th Leg., ch. 2, eff. (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. (e) The landlord is entitled to a hearing on the tenant's sworn complaint for restoration of utility service. TENANT'S DISABLING OF A SMOKE ALARM. Added by Acts 2005, 79th Leg., Ch. 937, Sec. Acts 1983, 68th Leg., p. 3634, ch. January 1, 2016. 2, eff. This section does not apply to a security device installed, repaired, changed, replaced, or rekeyed by a tenant under Section 92.164(a)(1) or 92.165(1). A reasonable time for purposes of this subsection is presumed to be not later than the seventh day after the date the request is received by the landlord. 651 (H.B. CONDITIONS FOR RETENTION OF SECURITY DEPOSIT OR RENT PREPAYMENT. Sec. 689, Sec. January 1, 2016. (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. (a) A landlord may not: (1) prohibit or limit a residential 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. (e) The landlord is entitled to a hearing on the tenant's sworn complaint for reentry. (b) If the landlord makes the notice available under Subsection (a), the applicant shall sign an acknowledgment indicating the notice was made available. (e) A justice court may not award a judgment under this section, including an order of repair, that exceeds $10,000, excluding interest and costs of court. Acts 2009, 81st Leg., R.S., Ch. Amended by Acts 1989, 71st Leg., ch. 1, eff. At Lindquist Wood Edwards LLP, we represent both commercial landlords and tenants in a variety of legal matters. Aug. 26, 1985. Sept. 1, 1997. Joint property ownership with survivorship rights is still a new concept in Texas. Added by Acts 1993, 73rd Leg., ch. (b) The tenant's deduction for the cost of the repair or remedy may not exceed the amount of one month's rent under the lease or $500, whichever is greater. (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. The tenant selection criteria may include factors such as criminal history, credit history, current income, and rental history. ALTERNATIVE COMPLIANCE. Renumbered from Property Code Sec. 1205, Sec. (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. (5) engaging, in bad faith, in a course of conduct that materially interferes with the tenant's rights under the tenant's lease. 6, eff. (C) refund the tenant's security deposit, less lawful deductions, to the person designated under Subdivision (1). 7.002(o), eff. (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. The fee for service of a writ of reentry is the same as that for service of a writ of possession. 357, Sec. 3101), Sec. 357, Sec. A landlord's duty to install a smoke alarm under Subchapter F may not be waived, nor may a tenant waive a remedy for the landlord's noninstallation or waive the tenant's limited right of installation and removal. Each type of co-tenancy provides each owner with a non-exclusive right to use, occupy, and possess . Added by Acts 2013, 83rd Leg., R.S., Ch. 1, eff. January 1, 2010. 8, eff. 1488), Sec. Amended by Acts 1995, 74th Leg., ch. (c) A landlord who fails to give notice as required by this section is liable to the tenant for any expense incurred by the tenant as a result of the landlord's failure to give the notice. (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. Acts 2007, 80th Leg., R.S., Ch. (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. Jan. 1, 1996. 576, Sec. (4) affect a local ordinance that requires regular inspections by local officials of smoke alarms in dwelling units and that requires smoke alarms to be operational at the time of inspection. Nine states have community property laws: Wisconsin, Louisiana, Texas, New Mexico, Arizona, California . 1, eff. (b) The landlord may not retain any portion of a security deposit to cover normal wear and tear. (g) Except as provided by Subsection (h), a fee collected under this section is a security deposit for purposes of this chapter. 1002), Sec. DEFINITIONS. 92.102. This chapter applies only to the relationship between landlords and tenants of residential rental property. 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. 23.001. 9, eff. Senate Bill 1588 modifies Section 209.016 of the Texas Property Code, which prior to 2021 imposed limits on the type of information of a prospective tenant that may be turned over by a property owner to a property owners association that administers a subdivision development. (c) When deducting for the tenant's payment of the landlord's utility bill under this section, the tenant shall submit to the landlord a copy of a receipt from the utility company which evidences the amount of payment made by the tenant to reconnect or avert cutoff of utilities. 3, eff. Sec. Sec. The landlord shall keep accurate records of all security deposits. 1862), Sec. Tenancy in common allows two or more people ownership interests in a property. 1, eff. Sec. 92.055. Jun. (c) If the landlord gives the tenant the notice closing the rental unit: (1) before the tenant gives a repair notice to the landlord, the remedies of this subchapter do not apply; (2) after the tenant gives a repair notice to the landlord but before 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; or. Sec. 1112, Sec. 92.255. Tenants in common do not have survivorship rights. Acts 2011, 82nd Leg., R.S., Ch. Acts 1983, 68th Leg., p. 3630, ch. Co-Owners Who Are Not Spouses. 357, Sec. Other judicial actions under this chapter may not be joined with an eviction suit or asserted as a defense or crossclaim in an eviction suit. Sec. EMERGENCY PHONE NUMBER. Amended as Sec. AGENTS FOR DELIVERY OF NOTICE. (a) A tenant shall notify the landlord of a rent deduction attributable to the tenant's installing, repairing, changing, replacing, or rekeying of a security device under Section 92.164(a)(1) or 92.165(1) after the landlord's failure to comply with this subchapter. If on a wall, it must be no closer than six inches and no farther than 12 inches from the ceiling or otherwise located in accordance with the manufacturer's installation instructions. 94.005. Sept. 1, 1993. Jan. 1, 1984. 12, eff. 576, Sec. 394 (H.B. (j) A landlord may not submit a claim for damages or unpaid rent to an insurer for insurance described by Subsection (e) unless the landlord notifies the tenant of the damages or unpaid rent indebtedness not later than the 30th day after the date the tenant surrendered possession of the dwelling. SECURITY DEPOSIT. (a) If the landlord is liable to the tenant under Section 92.056(b), the tenant may have the condition repaired or remedied and may deduct the cost from a subsequent rent payment as provided in this section. January 1, 2016. APPLICATION. Sept. 1, 1989. Misuse of or damage to a security device that occurs during the tenant's occupancy is presumed to be caused by the tenant, a family member, an occupant, or a guest. Added by Acts 2009, 81st Leg., R.S., Ch. (15) "Tenant turnover date" means the date a tenant moves into a dwelling under a lease after all previous occupants have moved out. 92.001. TENANT'S REMEDY ON NOTICE FROM MANAGEMENT COMPANY. 576, Sec. The tenant shall have the burden of pleading and proving a knowing violation. 1, eff. (2) United States mail, addressed to the applicant and postmarked on or before the required date. Acts 1983, 68th Leg., p. 3631, ch. 92.0561. Otherwise, this subchapter does not affect any other right of a landlord or tenant under contract, statutory law, or common law that is consistent with the purposes of this subchapter or any right a landlord or tenant may have to bring an action for personal injury or property damage under the law of this state. The Federal Emergency Management Agency (FEMA) maintains a flood map on its Internet website that is searchable by address, at no cost, to determine if a dwelling is located in a flood hazard area. Sec. (j) This section does not affect a tenant's right to pursue a separate cause of action under Section 92.0081. 946), Sec. Property Code, Sec. (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. 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 . (n) If a delinquent electric bill is paid, or a deferred payment plan is entered into, during normal business hours, the landlord shall reconnect the tenant's electric service within two hours of payment or entry into the deferred payment plan. (b) At a tenant's request made before January 1, 1995, a landlord, at the tenant's expense, shall install on an exterior door of a dwelling constructed before September 1, 1993: (1) a keyless bolting device if the door does not have a keyless bolting device; and. 1367), Sec. The duties of a landlord and the remedies of a tenant under this subchapter are in lieu of the common law, other statutory law, and local ordinances relating to the disclosure of ownership and management of a dwelling by a landlord to a tenant. 534), Sec. Acts 2007, 80th Leg., R.S., Ch. 1414), Sec. Added by Acts 2021, 87th Leg., R.S., Ch. This means they each person owns an undivided one-half interest in the property, but there is no automatic right of survivorship. Unless the landlord and tenant agree otherwise under Subsection (g) of this section, repairs may not be made by the tenant, the tenant's immediate family, the tenant's employer or employees, or a company in which the tenant has an ownership interest. You should seek insurance coverage that would cover losses caused by a flood.". In this subchapter: (1) "Bedroom" means a room designed with the intent that it be used for sleeping purposes. 2, eff. 869, Sec. ADDITIONAL ENFORCEMENT BY LOCAL ORDINANCE. Added by Acts 1989, 71st Leg., ch. APPLICATION OF OTHER LAW; MUNICIPAL REGULATION. Sept. 1, 1987. 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). Acts 2019, 86th Leg., R.S., Ch. REKEYING OR CHANGE OF SECURITY DEVICES. A joint tenancy with right of survivorship: Upon the death of one joint tenant, that tenant's share in the property passes to the surviving joint tenants, not the heirs of the deceased joint . It equals 100%. In addition to court costs and reasonable attorney's fees, a tenant who prevails under this subsection may recover from the landlord the greater of one month's rent or $500 for each violation of this section. Amended by Acts 1995, 74th Leg., ch. TITLE 4. Sec. Section 23.001 states: Sec. 91 (S.B. (B) the agreement for repairs by the tenant is either underlined or printed in boldface in the lease or in a separate written addendum; (C) the agreement is specific and clear; and. 357, Sec. . 5, eff. Forfeiture of the right to collect damages and charges from the tenant is the exclusive remedy for the failure to provide the proper notice to the tenant. Jan. 1, 1996. HARASSMENT. Jan. 1, 1984. 1, eff. 1, eff. (g) If a landlord arrives at the dwelling in a timely manner in response to a tenant's telephone call to the number contained in the notice as described by Subsection (c)(1) and the tenant is not present to receive the key to the changed lock, the landlord shall leave a notice on the front door of the dwelling stating the time the landlord arrived with the key and the street address to which the tenant may go to obtain the key during the landlord's normal office hours. January 1, 2010. 869, Sec. 1, eff. Copyright2023, Sheehan Law PLLC. 576, Sec. 1, eff. (b) The tenant does not forfeit the right to a refund of the security deposit or the right to receive a description of damages and charges merely for failing to give a forwarding address to the landlord. 92.2611. Sec. Sec. 1099), Sec. The other two types are a joint tenancy and a tenancy by the entirety. Section 27.0025 defines a community garden as a portion of . 1, eff. Our Team; Tips; FAQ; . Sec. (2) the tenant and the tenant's dependent move, wholly or partly, because of a significant financial loss of income caused by the tenant's military service. 92.013 by Acts 2001, 77th Leg., ch. 630), Sec. 826, Sec. Sec. 92.253. (c) Subsection (a) does not apply to a real estate mortgage lienholder who acquires title by foreclosure. (a) Except as provided by Subsection (b), the maximum number of adults that a landlord may allow to occupy a dwelling is three times the number of bedrooms in the dwelling. (D) the agreement is made knowingly, voluntarily, and for consideration. The governing body of the municipality may provide additional notice to the property's tenants and owners after receipt of the service disconnection notice under this subsection. Sec. (a) This section applies only to a tenant in a multiunit complex, as that term is defined by Section 92.151. Amended by Acts 1989, 71st Leg., ch. (l) This section does not affect the ability of a landlord to pursue other available remedies, including the remedies provided by Chapter 24. PRESUMPTION OF REFUND OR ACCOUNTING. 92.059 and amended by Acts 1995, 74th Leg., ch. 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. Redesignated from Property Code Sec. 92.002. Sept. 1, 1993. 92.011. (b) A late fee under this section may include an initial fee and a daily fee for each day any portion of the tenant's rent continues to remain unpaid, and the combined fees are considered a single late fee for purposes of this section. Acts 2015, 84th Leg., R.S., Ch. January 1, 2014. (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. 375), Sec. 13, eff. Sept. 1, 1997. Sec. Sec. 92.165. 3, eff. 1420, Sec. 92.019. The first page of this guide will provide . 1, eff. 225 (S.B. COMPLIANCE WITH TENANT REQUEST REQUIRED WITHIN REASONABLE TIME. (2) if an entity located off-site from the dwelling is primarily responsible for managing the dwelling, the name and street address of the management company. These co-owners hold an undivided interest and right to possess the property. (2) sign a statement authorizing the landlord in the event of the tenant's death to: (A) grant to the person designated under Subdivision (1) access to the premises at a reasonable time and in the presence of the landlord or the landlord's agent; (B) allow the person designated under Subdivision (1) to remove any of the tenant's property found at the leased premises; and. Acts 1983, 68th Leg., p. 3639, ch. (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. 92.259. 824 (S.B. Sec. Tenancy in . 1, eff. 689, Sec. Sec. However, the tenant's remedies under this section shall cease if: (1) the landlord provides the tenant with written evidence from the utility that all delinquent sums due the utility have been paid in full; and. There are no rights of survivorship among the co-owners, and. (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. 48, Sec. Instead, under Section 101.002 of the Texas Estates Code, the . 257 (H.B. (r) Subject to this subsection, a reconnection fee may be applied if electric service to the tenant is disconnected for nonpayment of bills under Subsection (h). REJECTION OF APPLICANT. 83), Sec. 576, Sec. September 1, 2019. INTERRUPTION OF UTILITIES. A tenancy in common is a form of ownership between two or more people. LANDLORD AND TENANT. 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. A joint tenants interest is therefore not freely devisable in a will. Sec. (a) A landlord shall install at least one smoke alarm in each separate bedroom in a dwelling unit. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 92.058. (2) "Landlord" means the owner, lessor, or sublessor of a dwelling, but does not include a manager or agent of the landlord unless the manager or agent purports to be the owner, lessor, or sublessor in an oral or written lease. (c) If the tenant has complied with Subsection (b) and if the justice reasonably believes an unlawful lockout has likely occurred, the justice may issue, ex parte, a writ of reentry that entitles the tenant to immediate and temporary possession of the premises, pending a final hearing on the tenant's sworn complaint for reentry. Acts 2011, 82nd Leg., R.S., Ch. 1293), Sec. 92.264. A judge may order a landlord to take reasonable steps to repair the problem, according to Section 92.0563 of the Texas Property Code. 3, eff. 23.011, eff. Sec. LANDLORD'S DEFENSES RELATING TO INSTALLING OR REKEYING CERTAIN SECURITY DEVICES. A tenancy in common occurs when two or more parties jointly hold an interest in property. 3, eff. This duty does not exist with respect to damage or a malfunction caused by the tenant, the tenant's family, or the tenant's guests or invitees during the term of the lease or a renewal or extension, except that the landlord has a duty to repair or replace the smoke alarm if the tenant pays in advance the reasonable repair or replacement cost, including labor, materials, taxes, and overhead. Texas Property Code Sec. PARTITION. 946), Sec. Michael Goins / Lake Homes Realty. (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. Yes. 17.01(44), eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. For purposes of this subchapter: (1) "Application deposit" means a sum of money that is given to the landlord in connection with a rental application and that is refundable to the applicant if the applicant is rejected as a tenant. (b) This section does not authorize a recovery of attorney's fees in an action brought under Subchapter E or F for damages that relate to or arise from property damage, personal injury, or a criminal act. 650, Sec. A landlord is entitled to verify the significant financial loss of income in order to determine whether a tenant is entitled to terminate a lease if the tenant has signed a waiver under this section and moves within 30 miles of the dwelling into housing that is not owned or occupied by family or relatives of the tenant or the tenant's dependent. January 1, 2006. (2) the landlord may not allow reoccupancy or reconnection of utilities by separate meter within six months after the date the tenant moves out. Sept. 1, 1995; Acts 1995, 74th Leg., ch. (a) A party who prevails in a suit brought under this subchapter or Subchapter B, E, or F may recover the party's costs of court and reasonable attorney's fees in relation to work reasonably expended. 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In each separate Bedroom in a dwelling unit that term is defined by 92.151! Of utility service 2019, 86th Leg., p. 3630, ch Code. Estates Code, the property, but there is no automatic right of survivorship among co-owners... Shall have the burden of pleading and proving a knowing violation RENT PREPAYMENT Acts 1983, 68th,! Interest is therefore not freely devisable in a variety of legal matters Section 92.0081 have burden. And rental history is no automatic right of survivorship of security deposit or RENT PREPAYMENT ) by! Interest is therefore not freely devisable in a dwelling unit ( e ) the landlord is entitled to a 's., according to Section 92.0563 of the overall property a non-exclusive right to use occupy... ; Acts 1993, 73rd Leg., ch writ of reentry is the same that!
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