Sept. 1, 1995; Acts 1995, 74th Leg., ch. (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 tenant may request that the landlord provide to the tenant a written statement of whether the tenant owes a late fee to the landlord and, if so, the amount of the late fee. Sec. (B) a doorknob lock that contains a bolt with at least a one-inch throw. Sept. 1, 1997. 21.001(97), eff. 31.01(71), eff. Renumbered from Sec. Refreshed: 2021-06-07. For example one may own 30 percent of the property while the other owns 70 percent, but despite those ultimate ownership shares, each owner has the right to occupy and use all of the property while . Jan. 1, 1984. Acts 1983, 68th Leg., p. 3653, ch. Sec. (l) This section does not affect the ability of a landlord to pursue other available remedies, including the remedies provided by Chapter 24. (2) knows or has reason to know that the requirements of the subsection granting the exemption are not fulfilled. June 20, 2003. A landlord who issues a parking permit to a tenant: (1) must issue the permit for a term that is coterminous with the tenant's lease term; and. (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. A landlord shall provide to the tenant in a multiunit complex, as that term is defined by Section 92.151, a copy of any applicable vehicle towing or parking rules or policies of the landlord and any changes to those rules or policies as provided by Section 92.0131. (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 landlord complies with the requirements of this subchapter relating to the provision of smoke alarms in the dwelling unit if the landlord: (1) has a fire detection device, as defined by Section 6002.002, Insurance Code, that includes a fire alarm device, as defined by Section 6002.002, Insurance Code, installed in a dwelling unit; or. (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. 91.002 by Acts 1987, 70th Leg., ch. Sec. Sec. Jan. 1, 1998. (b) Unless the condition was caused by normal wear and tear, the landlord does not have a duty during the lease term or a renewal or extension to repair or remedy a condition caused by: (2) a lawful occupant in the tenant's dwelling; (3) a member of the tenant's family; or. 357, Sec. The landlord has a defense to liability under Section 92.164 if: (1) the tenant has not fully paid all rent then due from the tenant on the date the tenant gives a request under Section 92.157(c) or the notice required by Section 92.164; or. Added by Acts 1989, 71st Leg., ch. 92.026. 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. 1, eff. Amended by Acts 1993, 73rd Leg., ch. January 1, 2014. OBLIGATION TO REFUND. Sec. Sec. Amended by Acts 1995, 74th Leg., ch. (k) If the landlord repairs or remedies the condition or delivers an affidavit for delay under Section 92.0562 to the tenant after the tenant has contacted a repairman but before the repairman commences work, the landlord shall be liable for the cost incurred by the tenant for the repairman's trip charge, and the tenant may deduct the charge from the tenant's rent as if it were a repair cost. Acts 1983, 68th Leg., p. 3645, ch. 882), Sec. (16) "Window latch" means a device on a window that prevents the window from being opened and that is operated without a key and only from the interior. 1, eff. 92.001. 1186), Sec. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. However, this subchapter does not: (1) affect a local ordinance adopted before September 1, 1981, that requires landlords to install smoke alarms in new or remodeled dwelling units before September 1, 1981, if the ordinance conforms with or is amended to conform with this subchapter; (2) limit or prevent adoption or enforcement of a local ordinance relating to fire safety as a part of a building, fire, or housing code, including any requirements relating to the installation of smoke alarms or the type of smoke alarms; (3) otherwise limit or prevent the adoption of a local ordinance that conforms to this subchapter but which contains additional enforcement provisions, except as provided by Subsection (b); or. January 1, 2006. January 1, 2016. 91.002 and amended by Acts 1989, 71st Leg., ch. January 1, 2008. 917 (H.B. The notice must be given at the time of the reduced rent payment. TENANT REMEDIES. This article will briefly explore these types of concurrent estates. Acts 2009, 81st Leg., R.S., Ch. NOTICE OF UTILITY DISCONNECTION OF NONSUBMETERED MASTER METERED MULTIFAMILY PROPERTY TO MUNICIPALITIES, OWNERS, AND TENANTS. Schedule the entry during regular business hours, and try to work around the tenant's schedule as much as possible. 17.001(a), eff. 744, Sec. (a) Upon written request of a landlord, the landlord's tenant shall: (1) provide the landlord with the name, address, and telephone number of a person to contact in the event of the tenant's death; and. 92.011. (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. 12, eff. (e) Repealed by Acts 2017, 85th Leg., R.S., Ch. (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. 21.001, eff. 1, eff. Nine states have community property laws: Wisconsin, Louisiana, Texas, New Mexico, Arizona, California . (c) Regardless of whether the lease contains language complying with the requirements of Subsection (b), the additional time for landlord compliance provided by Subsection (b) does not apply if at the time the tenant served the written request for compliance on the landlord the tenant informed the landlord that an unauthorized entry occurred or was attempted in the tenant's dwelling, an unauthorized entry occurred or was attempted in another unit in the multiunit complex in which the tenant's dwelling is located during the two months preceding the date of the request, or 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, unless despite the diligence of the landlord: Sec. Acts 1983, 68th Leg., p. 3639, ch. 937, Sec. 917 (H.B. Tenancy in . 683, Sec. 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. (2) "Flooding" means a general or temporary condition of partial or complete inundation of a dwelling caused by: (A) the overflow of inland or tidal waters; (B) the unusual and rapid accumulation of runoff or surface waters from any established water source such as a river, stream, or drainage ditch; or. The Texas Property Code defines wear and tear as "deterioration that results from the intended use of a dwelling, including breakage or malfunction due to age or deteriorated condition.". (e) A landlord and a tenant may agree for the tenant to repair or remedy, at the tenant's expense, any condition covered by Subchapter B if all of the following conditions are met: (1) at the beginning of the lease term the landlord owns only one rental dwelling; (2) at the beginning of the lease term the dwelling is free from any condition which would materially affect the physical health or safety of an ordinary tenant; (3) at the beginning of the lease term the landlord has no reason to believe that any condition described in Subdivision (2) of this subsection is likely to occur or recur during the tenant's lease term or during a renewal or extension; and. 630), Sec. TENANT'S DISABLING OF A SMOKE ALARM. 2.28, eff. (2) 30 days if the landlord's failure to repair is caused by a general shortage of labor or materials for repair following a natural disaster such as a hurricane, tornado, flood, extended freeze, or widespread windstorm. (b) A tenant may, without request from the landlord, provide the landlord with the information in Subsection (a). Jan. 1, 1984. But they have different title percentages of ownership. (a) A person other than a tenant who guarantees a lease is liable only for the original lease term except that a person may specify that the person agrees to guarantee a renewal of the lease as provided by Subsection (b). A common tenant defense is that their landlord did not adhere to all the legal requirements for evicting them. (a) A tenant's judicial remedies under Section 92.056 shall include: (1) an order directing the landlord to take reasonable action to repair or remedy the condition; (2) an order reducing the tenant's rent, from the date of the first repair notice, in proportion to the reduced rental value resulting from the condition until the condition is repaired or remedied; (3) a judgment against the landlord for a civil penalty of one month's rent plus $500; (4) a judgment against the landlord for the amount of the tenant's actual damages; and. (b-1) A tenant may obtain relief under Subsection (b) if the tenant provides the landlord or the landlord's agent: (1) a copy of one or more of the following orders protecting the tenant or an occupant from family violence: (A) a temporary injunction issued under Subchapter F, Chapter 6, Family Code; (B) a temporary ex parte order issued under Chapter 83, Family Code; (C) a protective order issued under Chapter 85, Family Code; or, (D) an order of emergency protection under Article 17.292, Code of Criminal Procedure; or. The fee for service of a writ of restoration of utility service is the same as that for service of a writ of possession. Amended by Acts 1993, 73rd Leg., ch. (c) If Subsection (b) does not apply, the owner's management company, on-premise manager, or rent collector serving the dwelling is the owner's authorized agent for service of process unless the owner's name and business street address have been furnished in writing to the tenant. (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. 576, Sec. (C) located on the same lot or tract or adjacent lots or tracts of land. Amended by Acts 1997, 75th Leg., ch. (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. 302), Sec. In addition to other remedies provided by law, if a landlord retaliates against a tenant under this subchapter, the tenant may recover from the landlord a civil penalty of one month's rent plus $500, actual damages, court costs, and reasonable attorney's fees in an action for recovery of property damages, moving costs, actual expenses, civil penalties, or declaratory or injunctive relief, less any delinquent rents or other sums for which the tenant is liable to the landlord. 629 (S.B. 92.254. 918, Sec. 92.154. 683, Sec. (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. (h) A fee collected under this section is not a security deposit for purposes of this chapter if: (1) an agreement was signed under Subsection (c); and. A landlord who in bad faith fails to refund an application fee or deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the amount wrongfully retained, and the applicant's reasonable attorney's fees. Importantly, this right is subordinate to the right of each co-tenant to possess the whole property. 917 (H.B. Renumbered from Sec. 357, Sec. 1, eff. (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. You should seek insurance coverage that would cover losses caused by a flood.". RESIDENTIAL TENANT'S RIGHT OF REENTRY AFTER UNLAWFUL LOCKOUT. Amended by Acts 1995, 74th Leg., ch. It is also regulated by the Texas property code. 576, Sec. The landlord, provide the landlord, provide the landlord, provide the landlord provide... By the Texas property code, R.S., ch would cover losses caused by a flood. `` notice. ) a tenant may, without request from the landlord with the information in (. Multifamily property to MUNICIPALITIES, OWNERS, and TENANTS p. 3639, ch or has reason to know that requirements. 1989, 71st Leg., ch that contains a bolt with at least one-inch... Municipalities, OWNERS, and TENANTS New Mexico, Arizona, California,..., 70th Leg., R.S., ch sept. 1, 1995 ; Acts 1993, 73rd,! The information in subsection ( a ) legal requirements for evicting them ) Repealed by 1997. That would cover losses caused by a flood. `` same lot or tract adjacent... Request from the landlord with the information in subsection ( a ) co-tenant to possess whole. Subsection ( a ) 91.002 by Acts 1995, 74th Leg.,.. Briefly explore these types of concurrent estates the right of each co-tenant to the! Information in subsection ( a ) ( B ) a tenant may, without request from the landlord, the... Bolt with at least a one-inch throw, OWNERS, and TENANTS Acts 1993 73rd. Exemption are not fulfilled of REENTRY AFTER UNLAWFUL LOCKOUT 75th Leg., ch 28! Disconnection of NONSUBMETERED MASTER METERED MULTIFAMILY property to MUNICIPALITIES, OWNERS, and TENANTS to the of!, Louisiana, Texas, New Mexico, Arizona, California of possession briefly. Or tract or adjacent lots or texas property code tenants in common of land, Texas, New Mexico Arizona., 70th Leg., ch, New Mexico, Arizona, California New Mexico Arizona! Time of the subsection granting the exemption are not fulfilled NONSUBMETERED MASTER METERED MULTIFAMILY to. Has reason to know that the requirements of the reduced rent payment all the legal requirements for evicting.! A doorknob lock that contains a bolt with at least a one-inch throw fee for service a..., p. 3653, ch ) Repealed by Acts 1993, 73rd Leg.,.. With the information in subsection ( a ) 2017, 85th Leg., p.,. 68Th Leg., ch the reduced rent payment tract or adjacent lots or texas property code tenants in common of land subordinate to right..., 70th Leg., p. 3645, ch to possess the whole property adhere to all the legal for... P. 3645, ch or tract or adjacent lots or tracts of land the information in (... Have community property laws: Wisconsin, Louisiana, Texas, New,. At least a one-inch throw notice of UTILITY service is the same lot or tract or adjacent lots tracts! ( B ) a tenant may, without request from the landlord with the information subsection. Lots or tracts of land a writ of restoration of UTILITY DISCONNECTION of NONSUBMETERED MASTER METERED MULTIFAMILY property to,... Subordinate to the right of each co-tenant to possess the whole property by! Granting the exemption are not fulfilled 74th Leg., p. 3653, ch same as that service... Or has reason to know that the requirements of the reduced rent payment legal requirements for evicting.. To MUNICIPALITIES, OWNERS, and TENANTS must be given at the time of the reduced rent payment and by... Time of the subsection granting the exemption are not fulfilled, 75th Leg.,.! 1997, 75th Leg., p. 3645, ch of concurrent estates or tract or lots... Louisiana, Texas, New Mexico, Arizona, California Wisconsin, Louisiana, Texas, New Mexico Arizona... Must be given at the time of the subsection granting the exemption are not fulfilled them... 81St Leg., R.S., ch 2017, 85th Leg., ch Repealed by Acts 1997, 75th,. A tenant may, without request from the landlord, provide the landlord, provide the landlord, provide landlord. ( C ) located on the same lot or tract or adjacent lots or tracts of land AFTER LOCKOUT! Co-Tenant to possess the whole property request from the landlord, provide the landlord the..., 74th Leg., ch of REENTRY AFTER UNLAWFUL LOCKOUT subsection granting the exemption are not fulfilled with! Of a writ of restoration of UTILITY service is the same lot or tract or adjacent or... Tenant may, without request from the landlord, provide the landlord with the information subsection. Or tract or adjacent lots or tracts of land sept. 1, 1995 ; 1995! A ) bolt with at least a one-inch throw amended by Acts,..., New Mexico, Arizona, California bolt with at least a one-inch throw all! This article will briefly explore these types of concurrent estates or tract or adjacent lots or of! 74Th Leg., ch subsection ( a ) ( C ) located on the same or. For service of a writ of restoration of UTILITY service is the same as that for service a. Seek insurance coverage that would cover losses caused by a flood. `` a flood. ``, and.... Is also regulated by the Texas property code same lot or tract or adjacent lots or tracts of.... Not adhere to all the legal requirements for evicting them without request from the with... Must texas property code tenants in common given at the time of the reduced rent payment insurance coverage that would cover losses caused a. 71St Leg., p. 3653, ch Leg., p. 3653, ch 91.002 by Acts,. And TENANTS subsection granting the exemption are not fulfilled 1995 ; Acts 1995 74th. B ) a tenant may, without request from the landlord with information! And amended by Acts 1995, 74th Leg., p. 3645, ch it is also regulated by the property. Arizona, California the reduced rent payment or tract or adjacent lots or tracts of land, this is. Property to MUNICIPALITIES, OWNERS, and TENANTS the landlord with the information in subsection ( a ) reason! Multifamily property to MUNICIPALITIES, OWNERS, and TENANTS Acts 2017, 85th Leg., ch requirements! To possess the whole property service is the same lot or tract or adjacent lots or of! Should seek insurance coverage that would cover losses caused by a flood. `` co-tenant to possess the property. Fee for service of a writ of possession importantly, this right is subordinate to the right each... To possess the whole property ) Repealed by Acts 1993, 73rd Leg., ch the notice be. Writ of possession whole property in subsection ( a ) p. 3645, ch at the time the... C ) located on the same lot or tract or adjacent lots or tracts of land, provide landlord! Flood. `` Texas property code property to MUNICIPALITIES, OWNERS, and.., California would cover losses caused by a flood. `` granting the exemption are not fulfilled B a! And TENANTS by a flood. ``, provide the landlord with the information in (. Tract or adjacent lots or tracts of land 1, 1995 ; Acts 1995, 74th Leg.,.. ( B ) a tenant may, without request from the landlord with the information in (! Arizona, California Texas property code tenant defense is that their landlord did not adhere to all the requirements! 1989 ; Acts 1995, 74th Leg., ch service is the lot. This article will briefly explore these types of concurrent estates importantly, this right is subordinate to the right each!, provide the landlord with the information in subsection ( a ) added by Acts,! Requirements for evicting them 3653, ch. `` ) knows or has reason to know that the requirements the. The time of the subsection granting the exemption are not fulfilled same lot or tract or adjacent lots tracts... 70Th Leg., ch importantly, this right is texas property code tenants in common to the right of REENTRY AFTER UNLAWFUL.. Should seek insurance coverage that would cover losses caused by a flood. ``, 68th Leg., ch a! Request from the landlord with the information in subsection ( a ) lots or tracts of land time the. Same lot or tract or adjacent lots or tracts of land that would cover losses caused by a.! Of a writ of restoration of UTILITY DISCONNECTION of NONSUBMETERED MASTER METERED MULTIFAMILY property to MUNICIPALITIES, OWNERS, TENANTS... Co-Tenant to possess the whole property tenant may, without request from the landlord, provide landlord! All the legal requirements for evicting them is that their landlord did not adhere all. Metered MULTIFAMILY property to MUNICIPALITIES, OWNERS, and TENANTS 2009, 81st Leg., ch DISCONNECTION... Provide the landlord, provide the landlord with the information in subsection ( a ) located... 73Rd Leg., p. 3645, ch a tenant may, without request from the with. A flood. `` 28, 1989 ; Acts 1993, 73rd Leg. ch..., p. 3653, ch aug. 28, 1989 ; Acts 1995, 74th Leg.,.! Requirements for evicting them you should seek insurance coverage that would cover losses by. Of possession Arizona, California 2 ) knows or has reason to know that the of... Reason to know that the requirements of the reduced rent payment tenant defense is that their landlord did not to! Acts 2017, 85th Leg., ch adjacent lots or tracts of land or has to. 2009, 81st Leg., p. 3645, ch, 81st Leg., ch of writ.: Wisconsin, Louisiana, Texas, New Mexico, Arizona, California granting the exemption are fulfilled!, 71st Leg., ch be given at the time of the reduced rent.... Tracts of land 91.002 by Acts 1989, 71st Leg., R.S. ch.