92.154. 576, Sec. (a) A landlord who in bad faith retains a security deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees in a suit to recover the deposit. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 1, eff. The landlord has a defense to liability under Section 92.259 if: (1) on the date the tenant gives the notice required by Section 92.259 the tenant has not paid all rent due from the tenant; or. In Ohio, tenants in common each have a distinct title and right to enter upon the whole of the real estate and take possession even if the ownership share is less than other tenants in common. Amended by Acts 1997, 75th Leg., ch. 1, eff. 601 (H.B. (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. 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). Sec. 4, eff. Sept. 1, 1995. Amended by Acts 1989, 71st Leg., ch. 17.001(64), eff. Property is often owned by two or more people simultaneously. 1276, Sec. (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. 92.158. Sept. 1, 1999. 650, Sec. Tenants In Common. (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. (a) If a tenant files or prosecutes a suit for retaliatory action based on a complaint asserted under Section 92.331(a)(3), and the government building or housing inspector or utility company representative visits the premises and determines in writing that a violation of a building or housing code does not exist or that a utility problem does not exist, there is a rebuttable presumption that the tenant acted in bad faith. Sec. (C) damage the property of the landlord, other tenants, or neighbors. 650, Sec. Sec. (c) During the term of a lease or during a renewal or extension, the landlord has a duty to inspect and repair a smoke alarm, but only if the tenant gives the landlord notice of a malfunction or requests to the landlord that the smoke alarm be inspected or repaired. Sept. 1, 1989. 744, Sec. Jan. 1, 1984. Amended by Acts 1985, 69th Leg., ch. 1, Sept. 1, 1995. 1, eff. 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.". (c) Notwithstanding Subsection (b), a landlord is not required to disclose on the notice that the landlord is aware that a dwelling is located in a 100-year floodplain if the elevation of the dwelling is raised above the 100-year floodplain flood levels in accordance with federal regulations. (B) the National Weather Service issues a heat advisory for a county in which the premises is located or has issued such an advisory on one of the two preceding days. Sec. 92.057(b), (c) and amended by Acts 1995, 74th Leg., ch. 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. (2) a sliding door handle latch or sliding door security bar if the door is an exterior sliding glass door without a sliding door handle latch or sliding door security bar. It equals 100%. Co-tenants may reasonably improve a property without the consent of the other co-tenants, so long as it does not injure the rights of other co-tenants. 2, eff. Sept. 1, 1993. (d) If a suit is filed in a justice court requesting relief under Subsection (a), the justice court shall conduct a hearing on the request not earlier than the sixth day after the date of service of citation and not later than the 10th day after that date. (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. (c) The landlord has the burden of pleading and proving, by clear and convincing evidence, that the landlord gave the tenant the required notice of the illegality and the penalties and that the tenant's violation was done in bad faith. (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. The "Tenant Remedies" section of this brochure offers guidance for pursuing legal action against a landlord who is withholding a deposit refund. September 1, 2011. Acts 2007, 80th Leg., R.S., Ch. 630), Sec. Sec. 305, Sec. SUBCHAPTER E. DISCLOSURE OF OWNERSHIP AND MANAGEMENT. The hearing shall be held not earlier than the first day and not later than the seventh day after the date the landlord requests a hearing. (4) 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, file suit against the landlord and obtain a judgment for: (A) a court order directing the landlord to comply and bring all dwellings owned by the landlord into compliance, if the tenant serving the written request is in possession of the dwelling; (C) punitive damages if the tenant suffers actual damages; (D) a civil penalty of one month's rent plus $500; (F) attorney's fees except in suits for recovery of property damages, personal injuries, or wrongful death. (a) If a landlord has interrupted utility service in violation of Section 92.008, the tenant may obtain relief as provided by this section. Section 4001 et seq.). (h) A tenant may not waive a tenant's right to terminate a lease before the end of the lease term, vacate the dwelling, and avoid liability under this chapter. 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. Jan. 1, 1984. (4) documentation of a protective order issued under Subchapter A, Chapter 7B, Code of Criminal Procedure, except for a temporary ex parte order. (d) A provision of a lease that purports to waive a right or exempt a party from a liability or duty under this section is void. 576, Sec. As you have learned here already, tenancy in common is an arrangement where two or more people share ownership rights in a property. Renumbered from Property Code Sec. If another provision of this subchapter conflicts with this section, this section controls. (a) In this section: (1) "Customer" means a person who is responsible for bills received for electric utility service or gas utility service provided to nonsubmetered master metered multifamily property. The term includes a door between a living area and a garage but does not include a sliding glass door or a screen door. 1205, Sec. VENUE. 357, Sec. 576, Sec. (2) a copy of documentation of the family violence against the tenant or an occupant from: (A) a licensed health care services provider who examined the victim; (B) a licensed mental health services provider who examined or evaluated the victim; or. Copyright2023, Sheehan Law PLLC. If a landlord offers a tenant the option of paying a fee in lieu of a security deposit, the landlord: (1) shall offer the tenant the option to instead pay a security deposit; and. These means that upon the death of one owner their share of the property will pass to the surviving co-owners. January 1, 2016. Jan. 1, 1984. If a rental premises is, as a practical matter, totally unusable for residential purposes as a result of a natural disaster such as a hurricane, tornado, flood, extended freeze, or widespread windstorm, a landlord that allows a tenant to move to another rental unit owned by the landlord may not require the tenant to execute a lease for a term longer than the term remaining on the tenant's lease on the date the premises was rendered unusable as a result of the natural disaster. (c) Disclosure of information to a tenant may be made under Subdivision (1) or (2) of Subsection (b) before the tenant requests the information. Sec. (f) Repairs made pursuant to the tenant's notice must be made by a company, contractor, or repairman listed in the yellow or business pages of the telephone directory or in the classified advertising section of a newspaper of the local city, county, or adjacent county at the time of the tenant's notice of intent to repair. 1, eff. 921 (H.B. Sec. Jan. 1, 1984. This means they each person owns an undivided one-half interest in the property, but there is no automatic right of survivorship. 952, Sec. The tenant must also state orally under oath to the justice the facts of the alleged unlawful lockout. They are: Dwellings that are part of a multi-unit complex in which the majority of tenants are over age 55 or have physical or mental disabilities. Jan. 1, 1996. Acts 2011, 82nd Leg., R.S., Ch. When a party dies their share of the property will pass via their will or, if the party died without a will, according to the intestacy statute. (2) there is no controversy concerning the amount of rent owed. Sec. PROPERTY CODE. Sec. In addition: (1) if the dwelling unit is designed to use a single room for dining, living, and sleeping, the smoke alarm must be located inside the room; (2) if multiple bedrooms are served by the same corridor, at least one smoke alarm must be installed in the corridor in the immediate vicinity of the bedrooms; and. 92.055. (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). 3, eff. (B) a peephole having a barrel with a one-way lens of glass or other substance providing an angle view of not less than 160 degrees. 6, eff. 1, eff. Acts 1983, 68th Leg., p. 3653, ch. This subchapter applies to a lease executed, entered into, renewed, or extended on or after September 1, 1979. (b) A landlord may not, within six months after the date of the tenant's action under Subsection (a), retaliate against the tenant by: (1) filing an eviction proceeding, except for the grounds stated by Section 92.332; (2) depriving the tenant of the use of the premises, except for reasons authorized by law; (4) increasing the tenant's rent or terminating the tenant's lease; or. Sept. 1, 1999. 2. 337 (H.B. 357, Sec. 2, eff. 576, Sec. Acts 1983, 68th Leg., p. 3639, ch. 921 (H.B. 1072 (H.B. (d) The acknowledgment may be part of the rental application if the notice is underlined or in bold print. 576, Sec. (a) A landlord may close a rental unit at any time by giving written notice by certified mail, return receipt requested, to the tenant and to the local health officer and local building inspector, if any, stating that: (1) the landlord is terminating the tenancy as soon as legally possible; and. (3) if the dwelling unit has multiple levels, at least one smoke alarm must be located on each level. 1109), Sec. Sec. 952, Sec. Tenancy in common is a way for two or more individuals to hold the title to a property. 92.052. (3) the landlord is expressly required or permitted to periodically check on the well-being or health of the tenant as a part of a written lease or other written agreement. EVICTION SUITS. The term "keyless bolting device" does not include a chain latch, flip latch, surface-mounted slide bolt, mortise door bolt, surface-mounted barrel bolt, surface-mounted swing bar door guard, spring-loaded nightlatch, foot bolt, or other lock or latch; or. This chapter applies only to the relationship between landlords and tenants of residential rental property. Jan. 1, 1996. Acts 2007, 80th Leg., R.S., Ch. If the tenants in common are unable to resolve a dispute, state law provides only one remedy, a partition action. Amended by Acts 1993, 73rd Leg., ch. (m) This section does not affect the rights of a landlord or tenant in a forcible detainer or forcible entry and detainer action. (b) A landlord who receives a cash rental payment shall: (1) provide the tenant with a written receipt; and. 1, eff. Amended by Acts 1993, 73rd Leg., ch. Jan. 1, 1984. 1, 3, eff. Jan. 1, 1984. The notice shall also contain a reasonable description of the intended repair or remedy. Sec. 92.101. A new statute will provide new rights to co-tenant heirs and a new option for the Texas real estate attorneys assisting them. In Texas, for example, there is no limit on how much a landlord may require for . is a condo located in Franklin County and the 43123 ZIP Code. 1168), Sec. 917 (H.B. Sept. 1, 1993. 1, eff. Property and real estate laws also include zoning regulations, which determine which kinds of structures may be built in a given location. 1060 (H.B. 92.0561. 69), Sec. Acts 2007, 80th Leg., R.S., Ch. 650, Sec. The following are deeds that are used for transfer of real property in Texas: Texas Deed Transfer 1, eff. (6) unilateral termination of the lease without a court proceeding if the landlord violates Section 92.259(a)(2). 744, Sec. Acts 1983, 68th Leg., p. 3648, ch. 2, eff. (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. Sept. 1, 1995; Acts 1995, 74th Leg., ch. (B) a doorknob lock that contains a bolt with at least a one-inch throw. (c) In an action brought by a tenant under this subchapter, the landlord has the burden of proving that the retention of any portion of the security deposit was reasonable. 92.104. The right to a partition is absolute so long as the . 5 baths + 2 kitchens. September 1, 2019. CONDITIONS FOR RETENTION OF SECURITY DEPOSIT OR RENT PREPAYMENT. 2d 541, 548; accord Hacienda Ranch Homes, Inc. v. Superior Ct. (2011) 198 Cal.App. January 1, 2008. 1205, Sec. 650, Sec. 576, Sec. 92.002. 375), Sec. LANDLORD'S FAILURE TO INSTALL, INSPECT, OR REPAIR. 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. A tenant or occupant in the dwelling is over age 55 or has a physical or mental disability. This means that if the property is real estate, no tenant can exclude any other tenant from any part of the property. Unlike most states Texas does not automatically recognize joint tenancies as having a right of survivorship. In this chapter: (1) "Assessment" means a regular assessment, special assessment, or other amount a property owner is required to pay a property owners' association under the dedicatory instrument or by law. (f) A landlord who violates Subsection (b), (c), (d), or (e) is liable for a civil penalty in the amount of $100 plus any towing or storage costs that the tenant incurs as a result of the towing of the tenant's vehicle. (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. 1414), Sec. (e) A landlord may not change the locks on the door of a tenant's dwelling under Subsection (b)(3) on a day, or on a day immediately before a day, on which the landlord or other designated individual is not available, or on which any on-site management office is not open, for the tenant to tender the delinquent rent. Added by Acts 2007, 80th Leg., R.S., Ch. The landlord is not required to give the tenant a description and itemized list of deductions if: (1) the tenant owes rent when he surrenders possession of the premises; and. Amended by Acts 1989, 71st Leg., ch. Notice in person may be by personal delivery to the tenant or any person residing at the tenant's dwelling who is 16 years of age or older or by personal delivery to the tenant's dwelling and affixing the notice to the inside of the main entry door. (c) A smoke alarm may be located other than as required by Subsection (a) or (b) if a local ordinance or a local or state fire marshal approves. 629 (S.B. 1, eff. (2) "Board" means the governing body of a property owners' association. 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). (i) A landlord may not charge a tenant for normal wear and tear of a dwelling. April 1, 2002. Instead, joint owners of real property "may compel a partition of the interest or the property among the joint owners." TEX. Sept. 1, 2003. 2, eff. Tenancy in common allows two or more people ownership interests in a property. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING TENANT'S DEATH. Sept. 1, 1997. Acts 2005, 79th Leg., Ch. (2) a bolt installed inside the door and operated from the edge of the door, capable of insertion into the doorjamb above the door, and another bolt installed inside the door and operated from the edge of the door capable of insertion into the floor or threshold, each bolt having a throw of three-fourths inch or more. . 9, eff. On receipt of an affidavit, the justice shall issue a show cause order, directing the person to appear on a designated date and show cause why he should not be adjudged in contempt of court. 937, Sec. (2) date the landlord accepts an application deposit if the landlord does not furnish the applicant an application form. 92.019. 1, eff. 576, Sec. January 1, 2008. LANDLORD'S DEFENSES RELATING TO INSTALLING OR REKEYING CERTAIN SECURITY DEVICES. Sec. 882), Sec. Under the Texas Property Code, you have five options to serve an eviction notice on your renter. 475, Sec. 2118), Sec. 2, eff. LATE PAYMENT OF RENT; FEES. January 1, 2008. (3) the amount of rent and other charges for which the tenant is delinquent. A landlord acts in bad faith and is liable according to this subchapter if the landlord gives an incorrect name or address under Subsection (a) of Section 92.201 by wilfully: (1) disclosing incorrect information under Section 92.201(b)(1) or (2) or Section 92.201(d); or. Added by Acts 1993, 73rd Leg., ch. For purposes of this subsection, there shall be a rebuttable presumption that the landlord acted without knowledge of the violation. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING CERTAIN SEX OFFENSES OR STALKING. 576, Sec. 3101), Sec. 348 (S.B. Tenancy in common can be dissolved . (i) A landlord is subject to the tenant remedies provided by Section 92.164(a)(4) if the landlord: (1) deactivates or does not install a keyless bolting device, claiming an exemption under Subsection (e), (f), or (g); and. (c) Repairs and deductions under this section may be made as often as necessary so long as the total repairs and deductions in any one month do not exceed one month's rent or $500, whichever is greater. 4, eff. The affidavit must state facts showing that the landlord has made and is making diligent efforts to repair the condition, and it must contain dates, names, addresses, and telephone numbers of contractors, suppliers, and repairmen contacted by the owner. 576, Sec. 576, Sec. The tenants don't have to have equal ownership interestsone can own a 25% share of the property while the other holds 75% ownership. Sec. Jan. 1, 1984. A judge may order a landlord to take reasonable steps to repair the problem, according to Section 92.0563 of the Texas Property Code. The bar or tube must be capable of being secured to both of the screw hooks and must be permanently attached in some way to the door frame stud or wall stud. 1, eff. - statute gives landlord the right to terminate a lease executed or renewed after June 15, 1981 and tenant is convicted under the "indecency" provision of the Texas Penal Code and appeals have been exhausted. Added by Acts 2005, 79th Leg., Ch. (d) If a landlord knows that flooding has damaged any portion of a dwelling at least once during the five-year period immediately preceding the effective date of the lease, the landlord shall provide a written notice to a tenant that is substantially equivalent to the following: "(Landlord) ( ) is or ( ) is not aware that the dwelling you are renting has flooded at least once within the last five years.". 576, Sec. If you do not meet the selection criteria, or if you provide inaccurate or incomplete information, your application may be rejected and your application fee will not be refunded.". Termination of a lease under this subsection is effective when the tenant surrenders possession of the dwelling. 92.008 Williamson v. Howard Texas Property Code Ac. 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. 576, Sec. 83), Sec. (b) The tenant must file with the justice court in the precinct in which the rental premises are located a sworn complaint for reentry, specifying the facts of the alleged unlawful lockout by the landlord or the landlord's agent. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 650, Sec. (f) A keyless bolting device is not required to be installed at the landlord's expense if a tenant or occupant in the dwelling is over 55 years of age or has a physical or mental disability, the tenant requests, in writing, that the landlord deactivate or not install the keyless bolting device, and the tenant certifies in the request that the tenant or occupant is over 55 years of age or has a physical or mental disability. (888) 601-6005 [email protected] About Us. Most tenant insurance policies do not cover damages or loss incurred in a flood. Amended by Acts 1993, 73rd Leg., ch. (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. Added by Acts 2009, 81st Leg., R.S., Ch. Aug. 28, 1989. An owner of real property who files a notice of appeal of a judgment of a justice court to the county court perfects the owner's appeal and stays the effect of the judgment without the necessity of posting an appeal bond. (g) A provision of a lease that purports to waive a right or to exempt a party from a liability or duty under this section is void. 92.060. WAIVER OR EXPANSION OF DUTIES AND REMEDIES. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Sept. 1, 1993. 1, eff. Acts 2017, 85th Leg., R.S., Ch. January 1, 2010. 8, eff. Sec. LeaseRunner's Texas lease uses the 24 hour . (c) Repealed by Acts 2009, 81st Leg., R.S., Ch. Chapter 91, Section 3 (91.003) - public indecency. 234), Sec. 302), Sec. Sec. 1112 (H.B. 165, Sec. 92.018. Sec. (a) A cause of action does not accrue against a landlord or a landlord's manager or agent solely for leasing a dwelling to a tenant convicted of, or arrested or placed on deferred adjudication for, an offense. Renumbered from Sec. (b) A landlord shall perform additional rekeying or change a security device at the tenant's expense if requested by the tenant. 1198 (S.B. Renumbered from Sec. 92.259. January 1, 2010. 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. INTERRUPTION OF UTILITIES. 9, eff. (In a . Sec. September 1, 2007. Acts 2015, 84th Leg., R.S., Ch. Redesignated from Property Code Sec. RESIDENTIAL TENANT'S RIGHT OF RESTORATION AFTER UNLAWFUL UTILITY DISCONNECTION. (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 1993, 73rd Leg., ch. LIABILITY FOR LEASING TO PERSON WITH CRIMINAL RECORD. Acts 2015, 84th Leg., R.S., Ch. Property and real estate law includes homestead protection from creditors; relationships between landlords and tenants; and other matters pertaining to one's home or residence. January 1, 2008. Jan. 1, 1984. (a) In this section, "governmental entity" means the state, an agency of the state, or a political subdivision of the state. 5, eff. Instead the parties must agree, in writing, to include a right of survivorship. 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. 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). Tenant-In-Common, or TIC, is a legal ownership structure wherein multiple 1031 exchange investors co-own individual undivided interests in real property assets. Added by Acts 1995, 74th Leg., ch. The landlord has the burden of proving that the tenant received a copy of the rule or policy change. (d) A landlord may not continue to prosecute and a court shall abate an action to enforce the lease, other than an action for nonpayment of rent, only until the landlord provides to a tenant a complete copy of the lease if the tenant submits to the court evidence in a plea in abatement or otherwise that the landlord failed to comply with Subsection (a) or (b). 1414), Sec. Renumbered from Property Code Sec. Acts 1983, 68th Leg., p. 3638, ch. Acts 2013, 83rd Leg., R.S., Ch. (e) If the landlord rejects an applicant and the landlord has not made the notice required by Subsection (a) available, the landlord shall return the application fee and any application deposit. 324 (S.B. 2, eff. (c) Subsection (b) does not prohibit a guarantor from voluntarily entering into an agreement at the time of the renewal of a lease, in a separate written document, to guarantee an increased amount of rent. These are as follows: . Sec. 3, eff. Acts 2013, 83rd Leg., R.S., Ch. 1, eff. ATTORNEY'S FEES. (c) If a security device required by Section 92.153 to be installed on or after January 1, 1995, without necessity of a tenant's request has not been installed by the landlord, the tenant may request the landlord to immediately install it, and the landlord shall immediately install it at the landlord's expense. (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. 3167), Sec. 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