(c) If the tenant has complied with Subsection (b) and if the justice reasonably believes an unlawful utility disconnection has likely occurred, the justice may issue, ex parte, a writ of restoration of utility service that entitles the tenant to immediate and temporary restoration of the disconnected utility service, pending a final hearing on the tenant's sworn complaint. Texas Property Code section 92.056 states: " For a condition that materially affects the physical health or safety of an ordinary tenant, the landlord is required to make repairs or to remedy the condition .". 10, eff. 92.162. (2) the landlord secures a replacement tenant satisfactory to the landlord and the replacement tenant occupies the dwelling on or before the commencement date of the lease. One-half of the central plate must overlap the interior surface of the door and the other half of the central plate must overlap the doorjamb when the plate is placed over the doorjamb restraint. . These co-owners hold an undivided interest and right to possess the property. 650, Sec. 2404), Sec. 1, eff. This report from the Real Estate Center at Texas A&M University explains in everyday language the sections of the Texas Property Code dealing with landlord/tenant law. September 1, 2021. 918, Sec. The "Tenant Remedies" section of this brochure offers guidance for pursuing legal action against a landlord who is withholding a deposit refund. (a) In this section, "governmental entity" means the state, an agency of the state, or a political subdivision of the state. 92.021. (a) If the tenant withholds rents, causes repairs to be performed, or makes rent deductions for repairs in violation of this subchapter, the landlord may recover actual damages from the tenant. As you have learned here already, tenancy in common is an arrangement where two or more people share ownership rights in a property. 1, eff. 4, eff. RETENTION OF SECURITY DEPOSIT; ACCOUNTING. 576, Sec. Acts 2011, 82nd Leg., R.S., Ch. Committed to Public Service. 1051 (H.B. (d) Disclosure of information to a government official or employee must be made by giving the information in writing to the official or employee on or before the seventh day after the date the landlord receives the request from the official or employee for the information. January 1, 2020. Sept. 1, 1989. DEFINITIONS. 650, Sec. Sec. Sept. 1, 1993; Acts 1999, 76th Leg., ch. 576, Sec. 1293), Sec. Added by Acts 1989, 71st Leg., ch. REPAIR OR CLOSING OF LEASEHOLD. 2, eff. 165, Sec. 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. 2404), Sec. 650, Sec. Tenants in Texas can claim constructive eviction if their utilities have been shut off or their windows, doors, fixtures, or appliances have been removed. 1, eff. Acts 2009, 81st Leg., R.S., Ch. GENERAL PROVISIONS. (c) For purposes of Subsection (b)(4) or (5), a landlord is considered to have received the tenant's notice when the landlord or the landlord's agent or employee has actually received the notice or when the United States Postal Service has attempted to deliver the notice to the landlord. (a) Except as provided in Subsection (b), a landlord is presumed to have given notice of an applicant's acceptance or rejection if the notice is by: (1) telephone to the applicant, co-applicant, or a person living with the applicant or co-applicant on or before the required date; or. (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). 9, eff. Property is often owned by two or more people simultaneously. (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. (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. PROPERTY CODE. 5, eff. (8) "Multiunit complex" means two or more dwellings in one or more buildings that are: (B) managed by the same owner, agent, or management company; and. 92.060. Jan. 1, 1984. Tenancy in common is a way for two or more individuals to hold the title to a property. (2) the fee is used to purchase insurance coverage for damages and unpaid rent for which the tenant is legally liable under the lease or as a result of breaching the lease. 1112, Sec. Acts 2015, 84th Leg., R.S., Ch. 576, Sec. (14) "Sliding door security bar" means a bar or rod that can be placed at the bottom of or across the interior side of the fixed panel of a sliding glass door and that is designed to prevent the door from being opened. 92.057(d) and amended by Acts 1995, 74th Leg., ch. (d) If there is more than one tenant on a lease, the landlord is not required under this section to send notices to the primary residence of more than one tenant. 1198 (S.B. 2, eff. September 1, 2017. (b) If the landlord does not provide a written explanation for delay in performing a duty to repair or remedy on or before the fifth day after receiving from the tenant a written demand for an explanation, the landlord has the burden of proving that he made a diligent effort to repair and that a reasonable time for repair did not elapse. Property Code, Sec. (c) An individual who owns or leases a dwelling within 3,000 feet of a dwelling as to which a landlord has violated this section, or a governmental entity or civic association acting on behalf of the individual, may file suit against a landlord to enjoin the violation. (a) A representative of the estate of a tenant who dies before the expiration of the tenant's lease and was, at the time of the tenant's death, the sole occupant of a rental dwelling may terminate the tenant's rights and obligations under the lease and may vacate the leased premises and avoid liability for future rent and any other sums due under the lease for terminating the lease and vacating the leased premises before the end of the lease term if: (1) the representative provides to the landlord or the landlord's agent written notice of the termination of the lease under this section; (2) the deceased tenant's property is removed from the leased premises in accordance with Section 92.014(c) or (d); and. Jun. If the acknowledgment is not signed, there is a rebuttable presumption that the notice was not made available to the applicant. A judge may order a landlord to take reasonable steps to repair the problem, according to Section 92.0563 of the Texas Property Code. 17.001(b), eff. (c) Disclosure of information to a tenant may be made under Subdivision (1) or (2) of Subsection (b) before the tenant requests the information. Jan. 1, 1996. 1439, Sec. A tenant's guest or invitee who suffers damage because the tenant removed a battery without immediately replacing it with a working battery or because the tenant knowingly disconnected or intentionally damaged the smoke alarm, causing it to malfunction, may recover a judgment against the tenant for the damage. (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. (a) A managing or leasing agent, whether residing or maintaining an office on-site or off-site, is the agent of the landlord for purposes of: (1) notice and other communications required or permitted by this subchapter; (2) notice and other communications from a governmental body relating to a violation of health, sanitation, safety, or nuisance laws on the landlord's property where the dwelling is located, including notices of: (D) reimbursement of costs incurred by the governmental body in curing the violation; (b) If the landlord's name and business street address in this state have not been furnished in writing to the tenant or government official or employee, the person who collects the rent from a tenant is the landlord's authorized agent for purposes of Subsection (a). 92.059 and amended by Acts 1995, 74th Leg., ch. 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. For example, two people may own 25 percent of a property, while another person owns 50 percent. Sept. 1, 1989. Except as otherwise provided by this chapter, in this chapter: (1) "Dwelling" means one or more rooms rented for use as a permanent residence under a single lease to one or more tenants. (a) A landlord or a landlord's agent may not interrupt or cause the interruption of utility service paid for directly to the utility company by a tenant unless the interruption results from bona fide repairs, construction, or an emergency. INSTALLATION PROCEDURE. Added by Acts 2007, 80th Leg., R.S., Ch. 92.161. 409 (H.B. 1, 3, eff. 31.01(71), eff. 3, eff. (f) 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 family violence or a military deployment or transfer.". 337 (H.B. Sept. 1, 1995; Acts 1995, 74th Leg., ch. (b) A tenant may, without request from the landlord, provide the landlord with the information in Subsection (a). (B) does not increase the guarantor's potential financial obligation for rent that existed under the original lease. (A) a door lock not in the doorknob that: (i) locks with a bolt into the doorjamb; and, (ii) is operated from the exterior by a key, card, or combination and from the interior by a knob or lever without a key, card, or combination; or. (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. Added by Acts 1989, 71st Leg., ch. (a) A keyed dead bolt or a keyless bolting device required by this subchapter must be installed at a height: (1) not lower than 36 inches from the floor; and, (A) 54 inches from the floor, if installed before September 1, 1993; or. 576, Sec. Texas Business Corporation Act . (a) Not later than the third business day after the date the lease is signed by each party to the lease, a landlord shall provide at least one complete copy of the lease to at least one tenant who is a party to the lease. Instead, joint owners of real property "may compel a partition of the interest or the property among the joint owners." TEX. Sept. 1, 1997. 5. 2, eff. Jan. 1, 1996. 1, eff. Sec. . (3) For conditions other than those specified in Subdivision (2) of this subsection, if the new landlord acquires title as described in this subsection and has notified the tenant of the name and address of the new landlord or the new landlord's authorized agent and if the tenant has not already contracted for the repair or remedy at the time the tenant is so notified, the tenant must deliver to the new landlord a written notice of intent to repair or remedy the condition, and the new landlord shall have a reasonable time to complete the repair before the tenant may repair or remedy the condition. A reasonable time for purposes of this subsection is presumed to be not later than the seventh day after the date a tenant's advance payment is received by the landlord, except as provided by Subsection (c). 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. 576, Sec. Acts 1983, 68th Leg., p. 3632, ch. Added by Acts 2019, 86th Leg., R.S., Ch. January 1, 2008. Sept. 1, 1993; Acts 1999, 76th Leg., ch. A tenant or occupant in the dwelling is over age 55 or has a physical or mental disability. Tenancy in common allows more than one person to own a property, such as a home or land parcel, at the same time. 48, Sec. Amended by Acts 1993, 73rd Leg., ch. (b) The landlord may not retain any portion of a security deposit to cover normal wear and tear. (2) enter the payment date and amount in a record book maintained by the landlord. 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. 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