(3) the tenant is entitled to any defenses to payment against the insurer as against the landlord. 576, Sec. 4, eff. Co-tenants are "undivided," in the eyes of many states. (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. Acts 2017, 85th Leg., R.S., Ch. 1, eff. 1, eff. (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. (2) "Dwelling unit" means a home, mobile home, duplex unit, apartment unit, condominium unit, or any dwelling unit in a multiunit residential structure. The notice shall also contain a reasonable description of the intended repair or remedy. Acts 2009, 81st Leg., R.S., Ch. January 1, 2010. 3, eff. Texas real estate may be owned individually or jointly. As in most jurisdictions, a "tenancy in common" in Texas is a form of joint ownership that comes into existence when real property is transferred, whether by conveyance, inheritance or operation of law to two or more persons in their own right, unless acquired in partnership, in joint tenancy or by husband and wife as . (e) A landlord, not later than the 30th day after the effective date of the termination of a lease under this section, shall refund to the residential tenant terminating the lease under Subsection (b) all rent or other amounts paid in advance under the lease for any period after the effective date of the termination of the lease. 534), Sec. 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 notice and other communications required or permitted by this subchapter. APPLICATION. Added by Acts 2007, 80th Leg., R.S., Ch. (b) A landlord shall provide to a tenant a written notice substantially equivalent to the following: "(Landlord) ( ) is or ( ) is not aware that the dwelling you are renting is located in a 100-year floodplain. 1, eff. January 1, 2008. If neither box is checked, you should assume the dwelling is in a 100-year floodplain. (5) court costs and attorney's fees, excluding any attorney's fees for a cause of action for damages relating to a personal injury. 5, eff. Q: Why can't property in Texas be held by a married couple as joint tenants with . (4) documentation of a protective order issued under Subchapter A, Chapter 7B, Code of Criminal Procedure, except for a temporary ex parte order. 48, Sec. Sept. 1, 2003. 475 (S.B. January 1, 2014. 92.0135. (5) If the new landlord violates this subsection, the new landlord is liable to the tenant for a civil penalty of one month's rent plus $2,000, actual damages, and attorney's fees. For non-spouses an example might look like John Doe and Jane Doe, as joint owners with rights of survivorship as provided by Texas Estates Code section 111.001, and not as tenants-in-common." Because the statute indicates that the joint owners must "agree in writing," it is suggested that the joint owners also sign the deed indicating . 4, eff. A landlord has a defense to liability under Section 92.202 or 92.203 if the tenant owes rent on the date the tenant gives a notice required by either of those sections. Sept. 1, 1993. (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. (b) The new owner shall deliver to the tenant a signed statement acknowledging that the new owner has acquired the property and is responsible for the tenant's security deposit and specifying the exact dollar amount of the deposit. A tenants-in-common (TIC) agreement is a way to own a share of an entire property with a number of people, says Jeff Miller, a real estate agent and team lead at AE Home Group in Baltimore. The first page of this guide will provide . 3, eff. Acts 2015, 84th Leg., R.S., Ch. Acts 1983, 68th Leg., p. 3632, ch. 2, eff. 576, Sec. 92.059 and amended by Acts 1995, 74th Leg., ch. 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 . Acts 1983, 68th Leg., p. 3651, ch. (c) Except as provided in Subsection (d), in the event of the death of a tenant who is the sole occupant of a rental dwelling: (1) the landlord may remove and store all property found in the tenant's leased premises; (2) the landlord shall turn over possession of the property to the person who was designated by the tenant under Subsection (a) or (b) or to any other person lawfully entitled to the property if the request is made prior to the property being discarded under Subdivision (5); (3) the landlord shall refund the tenant's security deposit, less lawful deductions, including the cost of removing and storing the property, to the person designated under Subsection (a) or (b) or to any other person lawfully entitled to the refund; (4) the landlord may require any person who removes the property from the tenant's leased premises to sign an inventory of the property being removed; and. 869, Sec. The Texas legislature recently passed and Governor Abbott signed Section 16.0265 of the Texas Civil Practice and Remedies Code that provides assistance to heirs who have collectively inherited real estate from a common . Sec. Jan. 1, 1984. 92.161. (3) "Co-applicant" means a person who makes an application for rental of a dwelling with other applicants and who plans to live in the dwelling with other applicants. (B) arises from the landlord's failure to provide and maintain in good operating condition a device to supply hot water of a minimum temperature of 120 degrees Fahrenheit. (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. Added by Acts 1997, 75th Leg., ch. 4, eff. The device must be: (A) a clear glass pane or one-way mirror; or. April 1, 2002. 1, eff. SUBCHAPTER E. DISCLOSURE OF OWNERSHIP AND MANAGEMENT. Acts 1983, 68th Leg., p. 3647, ch. Sec. (3) that the guarantor is liable under a renewal of the lease only if the renewal: (A) involves the same parties as the original lease; and. 92.017. 2, eff. Tenants In Common. Sept. 1, 1999. 1, eff. Committed to Public Service. Jan. 1, 1996. (i) the date the electric service has been interrupted; (ii) a location where the tenant may go during the landlord's normal business hours to make arrangements to pay the bill to reestablish interrupted electric service; (iii) the amount that must be paid to reestablish electric service; (iv) a statement providing that when the tenant makes a payment to reestablish electric service, a landlord may not apply that payment to rent or other amounts owed under the lease; (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. (i) Unless a dangerous condition exists or the tenant requests disconnection, a landlord may not interrupt or cause the interruption of electric service under Subsection (h) on a day: (1) on which the landlord or a representative of the landlord is not available to collect electric bill payments and reestablish electric service; (2) that immediately precedes a day described by Subdivision (1); or, (A) the previous day's highest temperature did not exceed 32 degrees Fahrenheit and the temperature is predicted to remain at or below that level for the next 24 hours according to the nearest National Weather Service reports; or. 5, eff. 650, Sec. 576, Sec. Tenant-In-Common, or TIC, is a legal ownership structure wherein multiple 1031 exchange investors co-own individual undivided interests in real property assets. (a) The landlord is not obligated to return a tenant's security deposit or give the tenant a written description of damages and charges until the tenant gives the landlord a written statement of the tenant's forwarding address for the purpose of refunding the security deposit. TENANT'S FORWARDING ADDRESS. (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. 1, eff. Jan. 1, 1996. 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 . Acts 2011, 82nd Leg., R.S., Ch. (3) changing the door locks on the door to the tenant's individual unit of a tenant who is delinquent in paying at least part of the rent. Sec. (b) At a minimum, an inspection under this section must include: (1) checking to ensure the fire extinguisher is present; and. Added by Acts 1989, 71st Leg., ch. 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. 650, Sec. 3101), Sec. (b) The affidavit must summarize the reasons for the delay and the diligent efforts made by the landlord up to the date of the affidavit to get the repairs done. (2) checking to ensure the fire extinguisher gauge or pressure indicator indicates the correct pressure as recommended by the manufacturer of the fire extinguisher. (c) A tenant or a governmental entity or civic association acting on the tenant's behalf may file suit against a landlord to enjoin a violation of this section. Sec. (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. Renumbered from Property Code, Section 92.016 by Acts 2007, 80th Leg., R.S., Ch. (a) For purposes of this section: (1) "Family violence" has the meaning assigned by Section 71.004, Family Code. 1, eff. 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. On request of the tenant, the landlord shall provide the statement to the tenant by any established means regularly used for written communication between the landlord and the tenant. Sec. (f) If an applicant requests a landlord to mail a refund of the applicant's application fee to the applicant, the landlord shall mail the refund check to the applicant at the address furnished by the applicant. (d) A landlord may rebut the presumption provided by Subsection (a) or (b) if despite the diligence of the landlord: (1) the landlord did not know of the tenant's request, without the fault of the landlord; (2) materials, labor, or utilities were unavailable; or. It also means a "dwelling" as defined by Section 92.001. The Austin Tenants Council provides a thorough interpretation of the protections that renters are provided in 92.101 - 92.109 of the Texas Property Code when they pay a security deposit. 576, Sec. 1, eff. Acts 1983, 68th Leg., p. 3630, ch. Sec. (c-1) If the tenant is a victim or a parent or guardian of a victim of stalking under Section 42.072, 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 a protective order issued under Subchapter A or B, Chapter 7B, Code of Criminal Procedure, except for a temporary ex parte order; or. (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. (c) If a landlord or a landlord's agent changes the door lock of a tenant who is delinquent in paying rent, the landlord or the landlord's agent must place a written notice on the tenant's front door stating: (1) an on-site location where the tenant may go 24 hours a day to obtain the new key or a telephone number that is answered 24 hours a day that the tenant may call to have a key delivered within two hours after calling the number; (2) the fact that the landlord must provide the new key to the tenant at any hour, regardless of whether or not the tenant pays any of the delinquent rent; and. EXEMPTIONS. SECURITY DEVICES REQUESTED BY TENANT. (d) A landlord to whom Subsection (a) does not apply must provide to a tenant a telephone number for the purpose of reporting emergencies described by that subsection. Renumbered from Sec. The justice may defer payment of the tenant's filing fees and service costs for the sworn complaint for restoration of utility service and writ of restoration of utility service. 576, Sec. 1, eff. 4th 1122, 1128, as . Sec. 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. 1, eff. (h) A landlord who violates this section is liable to the tenant for actual damages, a civil penalty in an amount equal to the amount of one month's rent plus $500, and attorney's fees. Joint Tenancies And Tenancies In Common In Texas. (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. Sec. 18 (S.B. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Aug. 28, 1989. Each person can hold an equal or unequal percentage of the overall property. 1205, Sec. 576, Sec. Sec. If, after a landlord has notified a tenant in writing of (1) the illegality of the tenant's rent withholding or the tenant's proposed repair and (2) the penalties of this subchapter, the tenant withholds rent, causes repairs to be performed, or makes rent deductions for repairs in bad faith violation of this subchapter, the landlord may recover from the tenant a civil penalty of one month's rent plus $500. 1510), Sec. Amended by Acts 1989, 71st Leg., ch. September 1, 2011. (4) a judgment against the tenant for reasonable attorney's fees. (b) If the tenant or the tenant's invited guest removes, misuses, damages, or otherwise disables a fire extinguisher: (1) the landlord is not required to repair or replace the fire extinguisher at the landlord's expense; and. 650, Sec. LANDLORD REMEDY FOR TENANT VIOLATION. Sec. (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. LIABILITY FOR WITHHOLDING LAST MONTH'S RENT. 48, Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. LANDLORD'S DUTY TO REPAIR OR REPLACE SECURITY DEVICE. (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. 6, eff. September 1, 2007. We will always provide free access to the current law. 1, eff. 942, Sec. 1, eff. If the tenants in common are unable to resolve a dispute, state law provides only one remedy, a partition action. Added by Acts 2009, 81st Leg., R.S., Ch. 177), Sec. (b) The landlord may not retain any portion of a security deposit to cover normal wear and tear. 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. (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. If the person disobeyed the writ before receiving the show cause order but has complied with the writ after receiving the order, the justice may find the person in contempt and assess punishment under Section 21.002(c), Government Code. LANDLORD'S DUTY TO PROVIDE COPY OF LEASE. In an eviction suit, retaliation by the landlord under Section 92.331 is a defense and a rent deduction lawfully made by the tenant under this chapter is a defense for nonpayment of the rent to the extent allowed by this chapter. Added by Acts 2007, 80th Leg., R.S., Ch. If the tenant's rent payment to the landlord is subsidized in whole or in part by a governmental entity, the civil penalty granted under this section shall reflect the fair market rent of the dwelling plus $500. (c) If after a casualty loss the rental premises are partially unusable for residential purposes and if the casualty loss is not caused by the negligence or fault of the tenant, a member of the tenant's family, or a guest or invitee of the tenant, the tenant is entitled to reduction in the rent in an amount proportionate to the extent the premises are unusable because of the casualty, but only on judgment of a county or district court. Sec. 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. 92.261. A sheriff or constable may use reasonable force in executing a writ of reentry under this section. Added by Acts 1995, 74th Leg., ch. Another good online resource for tenants can be found at texaslawhelp.org. Added by Acts 2021, 87th Leg., R.S., Ch. , 82nd Leg., R.S., ch repair or REPLACE SECURITY device by a married couple as joint with! 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