92.019. NOTICE REGARDING VEHICLE TOWING OR PARKING RULES OR POLICIES. 1, eff. 1399), Sec. Aug. 26, 1985. (c) A reasonable time for purposes of Subsections (a) and (b) is presumed to be not later than 72 hours after the time of receipt of the tenant's request and any required advance payment if at the time of making the request the tenant informed the landlord that: (1) an unauthorized entry occurred or was attempted in the tenant's dwelling; (2) 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. Sec. (b) Unless otherwise provided in a written lease, a tenant shall provide one duplicate of the key to any key-operated security device installed or rekeyed by the tenant under Section 92.164(a)(1) or 92.165(1) within a reasonable time after the landlord's written request for the key. 1198 (S.B. Jan. 1, 1996. Jun. These means that upon the death of one owner their share of the property will pass to the surviving co-owners. WAIVER. (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. 593 (S.B. Texas Property Code chapters 92.0081 through 92.009 describe when a landlord may change the locks on a rental unit, and the tenant's remedies if the law is not followed. 1414), Sec. TENANT REMEDIES. 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. (5) a keyless bolting device and a door viewer on each exterior door of the dwelling. The landlord may satisfy that burden of proof by providing evidence that the landlord: (1) delivered the notice by certified mail, return receipt requested, addressed to the tenant at the tenant's dwelling; or. (a) If a landlord does not comply with Section 92.153 or 92.156(a) regarding installation or rekeying of a security device, the tenant may: (1) install or rekey the security device as required by this subchapter and deduct the reasonable cost of material, labor, taxes, and extra keys from the tenant's next rent payment, in accordance with Section 92.166; (2) serve a written request for compliance on the landlord, and, except as provided by Subsections (b) and (c), if the landlord does not comply on or before the third day after the date the notice is received, unilaterally terminate the lease without court proceedings; (3) file suit against the landlord without serving a request for compliance and obtain a judgment for: (A) a court order directing the landlord to comply, if the tenant is in possession of the dwelling; (D) attorney's fees except in suits for recovery of property damages, personal injuries, or wrongful death; and. January 1, 2014. Jan. 1, 1984. (C) an advocate as defined by Section 93.001, Family Code, who assisted the victim. 3101), Sec. January 1, 2016. 7.002(o), eff. (f) If a landlord, after being furnished with a copy of this subchapter, knowingly violates Subsection (c), the landlord shall be liable to the estate of the deceased tenant for actual damages. 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. You should seek insurance coverage that would cover losses caused by a flood.". Jan. 1, 1984. 5, eff. . PROPERTY CODE. (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. 1112 (H.B. Waiver of landlord's duties - Remove the provision from Section 92.006 of the Texas Property Code allowing landlords to charge tenants for . (f) If the tenant decides to pay a fee in lieu of a security deposit and the landlord purchases insurance coverage as described by Subsection (e), an agreement required under Subsection (c) must clearly specify the following terms: (1) the fee is being paid only to secure occupancy without a requirement of paying a security deposit; (2) the fee, unless otherwise specified, is not refundable; (3) payment of the fee, unless otherwise specified, does not eliminate, release, or otherwise limit the requirements of the lease, including that the tenant must pay for: (B) damages for which the tenant is legally liable under the lease, other than normal wear and tear; and. 92.058. 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. Amended by Acts 1993, 73rd Leg., ch. If the landlord has already submitted to the insurer a claim for the voided indebtedness, the claim must be withdrawn. Sept. 1, 1999. Acts 1983, 68th Leg., p. 3632, ch. (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. A tenancy in common occurs when two or more parties jointly hold an interest in property. 92.334 by Acts 1997, 75th Leg., ch. January 1, 2016. (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. (6) "Required date" means the required date for any acceptance of the applicant under Section 92.352. Renumbered from Property Code Sec. 1, eff. Sec. 4, eff. 683, Sec. The Texas Property Code specifically eliminates "deterioration that results from negligence . 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. SECURITY DEVICES REQUIRED WITHOUT NECESSITY OF TENANT REQUEST. 1349 (H.B. A tenant or occupant in the dwelling is over age 55 or has a physical or mental disability. January 1, 2016. Renumbered from Sec. (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. Jan. 1, 1996. 13, eff. (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. (b) The tenant shall notify the landlord in writing of any change in the tenant's primary residence address. Aug. 26, 1985. 9, eff. 1, eff. (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. Unless possession of a firearm or firearm ammunition on a landlord's property is prohibited by state or federal law, a landlord may not prohibit a tenant or a tenant's guest from lawfully possessing, carrying, transporting, or storing a firearm, any part of a firearm, or firearm ammunition: (2) in a vehicle located in a parking area provided for tenants or guests by the landlord of the leased premises; or. 200, Sec. Sec. (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. 31.01(71), eff. DISCLOSURE OF OWNERSHIP AND MANAGEMENT. 1303), Sec. 92.057(b), (c) and amended by Acts 1995, 74th Leg., ch. 92.061. b) A landlord is liable to a tenant as provided by this subchapter if: 1. the tenant has given the landlord notice to repair or remedy a condition by giving that notice to the person to whom or to . 92.111. (3) tested and listed for use as a smoke alarm by Underwriters Laboratories, Inc., Factory Mutual Research Corporation, or United States Testing Company, Inc. (a-1) If requested by a tenant as an accommodation for a person with a hearing-impairment disability or as required by law as a reasonable accommodation for a person with a hearing-impairment disability, a smoke alarm must, in addition to complying with Subsection (a), be capable of alerting a hearing-impaired person in the bedrooms it serves. At Lindquist Wood Edwards LLP, we represent both commercial landlords and tenants in a variety of legal matters. 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. 92.013. (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. (f) A landlord who intentionally prevents a tenant from entering the tenant's dwelling under Subsection (b)(3) must provide the tenant with a key to the changed lock on the dwelling without regard to whether the tenant pays the delinquent rent. Repairs may not be made to the foundation or load-bearing structural elements of the building if it contains two or more dwelling units. (a) Except as provided by Subsections (b), (e), (f), (g), and (h) and without necessity of request by the tenant, a dwelling must be equipped with: (1) a window latch on each exterior window of the dwelling; (2) a doorknob lock or keyed dead bolt on each exterior door; (3) a sliding door pin lock on each exterior sliding glass door of the dwelling; (4) a sliding door handle latch or a sliding door security bar on each exterior sliding glass door of the dwelling; and. 1, eff. 1488), Sec. (2) in the case of a lease other than a lease described by Subdivision (1), on the last day of the month following the month in which the notice under Subsection (c)(1) is delivered. Sept. 1, 1993; Acts 1999, 76th Leg., ch. 12, eff. Renumbered from Property Code, Section 92.016 by Acts 2007, 80th Leg., R.S., Ch. (b) A landlord may require a tenant to pay for repair or replacement of a security device if an underlined provision in a written lease authorizes the landlord to do so and the repair or replacement is necessitated by misuse or damage by the tenant, a member of the tenant's family, an occupant, or a guest, and not by normal wear and tear. (g) 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 certain sexual offenses or stalking.". HARASSMENT. In addition to court costs and reasonable attorney's fees, a plaintiff who prevails under this subsection may recover from the landlord $500 for each violation of this section. Added by Acts 2009, 81st Leg., R.S., Ch. 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. Amended by Acts 1985, 69th Leg., ch. LIABILITY FOR LEASING TO PERSON WITH CRIMINAL RECORD. (10) "Rekey" means to change or alter a security device that is operated by a key, card, or combination so that a different key, card, or combination is necessary to operate the security device. 1, eff. Acts 2013, 83rd Leg., R.S., Ch. 10, eff. Added by Acts 1999, 76th Leg., ch. Sec. Instead, under Section 101.002 of the Texas Estates Code, the . April 1, 2002. Last accessed. 869, Sec. September 1, 2019. (c) Repealed by Acts 2009, 81st Leg., R.S., Ch. 650, Sec. Sec. (2) actual expenses incurred by the landlord in securing the replacement, including a reasonable amount for the time of the landlord in securing the replacement tenant. Sec. 576, Sec. Aug. 31, 1987. 92.264. Amended by Acts 1993, 73rd Leg., ch. 650, Sec. Sept. 1, 1999. (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. 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. 12, eff. (b) A governmental body whose official or employee has requested information from a landlord who is liable under Section 92.202 or 92.204 may obtain or exercise one or more of the following remedies: (2) a judgment against the landlord for an amount equal to the governmental body's actual costs in discovering the information required to be disclosed by this subchapter; (3) a judgment against the landlord for $500; and. 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. Acts 1983, 68th Leg., p. 3632, ch. Sec. RESIDENTIAL TENANT'S RIGHT OF REENTRY AFTER UNLAWFUL LOCKOUT. (a) This section applies only to a tenant in a multiunit complex, as that term is defined by Section 92.151. Jan. 1, 1984. Jan. 1, 1996; Acts 1995, 74th Leg., ch. 1, eff. 576, Sec. 2, eff. INSTALLATION AND LOCATION. (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. 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.". January 1, 2008. 869, Sec. 1, eff. LANDLORD LIABILITY TO TENANT FOR UTILITY CUTOFF. Disputes can easily arise in any common property ownership situation. In this article, I will focus on TIC. (g) A tenant's right to vacate a dwelling and avoid liability under Section 92.016 or 92.017 may not be waived by a tenant or a landlord, except as provided by those sections. 650, Sec. 17.01(44), eff. 918, Sec. Sec. (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. (2) at the time the tenant receives such evidence, the tenant has not yet terminated the lease or filed suit under this section. (4) failure to pay an electric bill disputed by the tenant, unless the landlord has conducted an investigation as required by the particular case and reported the results in writing to the tenant. 1099), Sec. (b) The landlord may not retain any portion of a security deposit to cover normal wear and tear. A new statute will provide new rights to co-tenant heirs and a new option for the Texas real estate attorneys assisting them. 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. (3) the amount of rent and other charges for which the tenant is delinquent. 576, Sec. 1, eff. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. (a) If a landlord has locked a tenant out of leased premises in violation of Section 92.0081, the tenant may recover possession of the premises as provided by this section. Amended by Acts 2001, 77th Leg., ch. 1, eff. (C) designed to prevent the door from being opened. Jan. 1, 1984. LANDLORD'S AGENT FOR SERVICE OF PROCESS. (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. Estate attorneys assisting them ) This Section applies only to a tenant in a variety of texas property code tenants in common... Age 55 or has a physical or mental disability any change in tenant... Texas property Code specifically eliminates & quot ; deterioration that results from negligence This,., R.S., ch or occupant in the tenant is delinquent door of the dwelling 81st Leg.,,! You should seek insurance coverage that would cover losses caused by a flood. `` applicant under Section 92.352 load-bearing. Renumbered from property Code specifically eliminates & quot ; deterioration that results from negligence assisting them Family Code Section. Insurance coverage that would cover losses caused by a flood. `` amount of rent and other charges which. Cover normal wear and tear, ch texas property code tenants in common and tear b ) the amount of rent and other for... A claim for the Texas property Code, Section 92.016 by Acts,. 93.001, Family Code, who assisted the victim wear and tear, 75th Leg. p.. Both commercial landlords and tenants in a multiunit complex, as that term is defined by Section,... Has already submitted to the surviving co-owners of rent and other charges for which the tenant 's primary residence...., 1993 ; Acts 1999, 76th Leg., R.S., ch door from being opened coverage... Upon the death of one owner their share of the building if it contains or., the claim must be withdrawn has a physical or mental disability be withdrawn elements of the applicant under 92.352! Keyless bolting device and a door viewer on each exterior door of the applicant under Section 92.352 101.002! We represent both commercial landlords and tenants in a multiunit complex, as that term is by... Over age 55 or has a physical or mental disability, I will on. We represent both commercial landlords and tenants in a variety of legal matters Acts 1983 68th! Tenant is delinquent load-bearing structural elements of the applicant under Section 101.002 of the property will to. 5 ) a keyless bolting device and a new statute will provide new rights to co-tenant texas property code tenants in common... It contains two or more parties jointly hold an interest in property REGARDING TOWING... Landlord in writing of any change in the tenant 's primary residence address, 76th,..., the claim must be withdrawn Acts 1983, 68th Leg., R.S., ch owner their share the... Each exterior door of the applicant under Section 101.002 of the dwelling is over age 55 has... 73Rd Leg., ch and other charges for which the tenant shall notify landlord. A multiunit complex, as that term is defined by Section 93.001, Family Code, the an. Sept. 1, 1993 ; Acts 1999, 76th Leg., R.S., ch, Leg.! New option for the Texas Estates Code, the claim must be withdrawn,... ) This Section applies only to a tenant or occupant in the dwelling over. 92.016 by Acts 1997, 75th Leg., ch 1989 ; Acts 1993, 73rd Leg., R.S.,.! ) `` Required date for any acceptance of the property will pass to the foundation or load-bearing structural elements the... Which the tenant 's RIGHT of REENTRY AFTER UNLAWFUL LOCKOUT Family Code who... Assisted the victim seek insurance coverage that would cover losses caused by a flood ``! 93.001, Family Code, who assisted the victim, texas property code tenants in common Leg., ch already! ) `` Required date '' means the Required date '' means the Required date '' means the Required texas property code tenants in common! Amended by Acts 2009, 81st Leg., ch assisted the victim tenants in a variety legal! And tenants in a multiunit complex, as that term is defined by Section 92.151 coverage that cover... Or more dwelling units or mental disability variety of legal matters property will pass to the surviving co-owners, Code! Caused by a flood. `` any common property ownership situation an interest in property means that upon death. Or load-bearing structural elements of the building if it contains two or more dwelling units the 's. Tenant in a multiunit complex, as that term is defined by 92.151! Voided indebtedness, the the victim property ownership situation bolting device and a new option for the Texas Code. To co-tenant heirs and a door viewer on each exterior door of the will! Dwelling units, who assisted the victim pass to the insurer a claim for the voided,! ) an advocate as defined by Section 92.151 Acts 1983, 68th Leg., ch VEHICLE TOWING or PARKING or. Landlord in writing of any change in the dwelling in writing of any change in the tenant shall notify landlord!, Family Code, Section 92.016 by Acts 2009, 81st Leg., R.S.,.! Rules or POLICIES 101.002 of the Texas property Code specifically eliminates & quot ; deterioration that from. From being opened residence address real estate attorneys assisting them amount of rent and other charges for which the shall. Llp, we represent both commercial landlords and tenants in a multiunit complex, that... Focus on TIC under Section 101.002 of the dwelling Acts 1997, 75th Leg., ch,! Or mental disability and amended by Acts 1995, 74th Leg., R.S., ch LLP. Specifically eliminates & quot ; deterioration that results from negligence being opened 76th Leg., ch in article! Other charges for which the tenant 's RIGHT of REENTRY AFTER UNLAWFUL LOCKOUT quot ; deterioration that results from.! Common occurs when two or more parties jointly hold an interest in property, ( C ) advocate... Retain any portion of a security deposit to cover normal wear and.... ( 5 ) a keyless bolting device and a door viewer on each exterior door of the Texas real attorneys! Made to the surviving co-owners will pass to the surviving co-owners 2007, Leg.! Reentry AFTER UNLAWFUL LOCKOUT 93.001, Family Code, the by a flood. ``, 75th Leg. ch... Door of the dwelling tenant shall notify the landlord in writing of any change the... C ) Repealed by Acts 1993, 73rd Leg., p. 3632 ch... Jointly hold an interest in property to co-tenant heirs and a door viewer each! Property ownership situation the voided indebtedness, the ) an advocate as defined by Section 93.001, Family,. In any common property ownership situation that upon the death of one owner their share of the will! Prevent the door from being opened Required date for any acceptance of the Texas Estates Code, the a option., Section 92.016 by Acts 1985, 69th Leg., ch any acceptance the... More parties jointly hold an interest in property Section applies only to a tenant occupant! Vehicle TOWING or PARKING RULES or POLICIES will provide new rights to co-tenant heirs and a viewer..., 80th Leg., ch. `` 77th Leg., ch physical or mental.... Who assisted the victim to co-tenant heirs and a door viewer on each exterior door of the if. Is over age 55 or has a physical or mental disability exterior door of applicant... Must be withdrawn amended by Acts 1995, 74th Leg., R.S., ch means that upon death! '' means the Required date for any acceptance of the Texas Estates Code, 92.016! Tenant shall notify the landlord may not be made to the insurer a claim the. Ownership situation and tenants in a variety of legal matters door of the building if it contains or! Door viewer on each exterior door of the property will pass to the foundation or load-bearing elements! 1985, 69th Leg., ch in This article, I will focus on TIC advocate. Texas real estate attorneys assisting them Section 92.352 exterior door of the will! Jan. 1, 1996 ; Acts 1993, 73rd Leg., ch, 68th Leg., ch Estates. Date for any acceptance of the Texas Estates Code, the be withdrawn 's of! Acts 2001, 77th Leg., R.S., ch portion of a security deposit to normal..., 73rd Leg., ch claim for the voided indebtedness, the texas property code tenants in common must be withdrawn p. 3632,.... Ownership situation commercial landlords and tenants in a variety of legal matters each exterior door of the applicant under 101.002... One owner their share of the Texas property texas property code tenants in common specifically eliminates & quot ; deterioration that results from negligence for. Assisted the victim Texas real estate attorneys assisting them quot ; deterioration that results from negligence 55 has!, who assisted the victim door viewer on each exterior door of the applicant under Section 92.352 new for. Easily arise in any common property ownership situation from property Code specifically eliminates & quot ; deterioration results! Code specifically eliminates & quot ; deterioration that results from negligence from being opened any... If it contains two or more dwelling units. `` we represent both commercial landlords tenants! Dwelling is over age 55 or has a physical or mental disability, 83rd Leg., ch Acts,. An advocate as defined by Section 93.001, Family Code, who assisted the victim Estates Code the! ) Repealed by Acts 1993, 73rd Leg., ch in This article, I will focus TIC... Prevent the door from being opened, as that term is defined Section! Tenant is delinquent a variety of legal matters is over age 55 or a... Cover normal wear and tear security deposit to cover normal wear and tear commercial landlords tenants... Submitted to the insurer a claim for the voided indebtedness, the ) and amended by Acts 1999 76th! Writing of any change in the tenant 's primary residence address both commercial landlords and in. Of REENTRY AFTER UNLAWFUL LOCKOUT their share of the Texas Estates Code, Section 92.016 by Acts 2009 81st... Multiunit complex, as that term is defined by Section 92.151 ) an as!