5, eff. Sept. 1, 1999. (4) court costs and attorney's fees arising from any related cause of action by the tenant against the landlord. 576, Sec. It is also regulated by the Texas property code. 1367), Sec. (3) not later than the third day after the date of receipt of the tenant's request, provided the tenant with a written notice: (A) stating that the management company or managing agent has taken the actions in Subdivisions (1) and (2); (B) stating that the owner has not provided or will not provide the necessary funds; and. (f) A landlord and tenant may agree that, except for those conditions caused by the negligence of the landlord, the tenant has the duty to pay for repair of the following conditions that may occur during the lease term or a renewal or extension: (1) damage from wastewater stoppages caused by foreign or improper objects in lines that exclusively serve the tenant's dwelling; (2) damage to doors, windows, or screens; and. September 1, 2013. 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. (2) if an entity located off-site from the dwelling is primarily responsible for managing the dwelling, the name and street address of the management company. V 3. 92.353. Amended by Acts 1993, 73rd Leg., ch. 1, eff. (e) The affidavit must be delivered to the tenant by any of the following methods: (2) certified mail, return receipt requested, to the tenant; or. 918, Sec. (a) A landlord shall make a diligent effort to repair or remedy a condition if: (1) the tenant specifies the condition in a notice to the person to whom or to the place where rent is normally paid; (2) the tenant is not delinquent in the payment of rent at the time notice is given; and, (A) materially affects the physical health or safety of an ordinary tenant; or. (5) "Landlord" means a prospective landlord to whom a person makes application for rental of a dwelling. Aug. 31, 1987. 576, Sec. A repairman or supplier shall not have a lien for materials or services arising out of repairs contracted for by the tenant under this section. 1205, Sec. 1, eff. The fee for service of a show cause order is the same as that for service of a civil citation. 92.026. 3101), Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 4, eff. January 1, 2008. Added by Acts 2007, 80th Leg., R.S., Ch. 23.011, eff. 629 (S.B. Acts 1983, 68th Leg., p. 3645, ch. LIABILITY OF TENANT FOR GOVERNMENTAL FINES. Payment of the fee, charge, or other sum of money by a tenant does not waive the right or remedies provided by this section. 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. 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. Sept. 1, 1993. 357, Sec. (C) refund the tenant's security deposit, less lawful deductions, to the person designated under Subdivision (1). 869, Sec. 1, eff. (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. Landlords can continue with the eviction process if the tenant refuses to leave after the 30-day grace period. Sec. Jan. 1, 1984. (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. Sec. Acts 1983, 68th Leg., p. 3646, ch. (b) A tenant may not unilaterally terminate the lease under Subsection (a)(2) or file suit against the landlord to obtain a judgment under Subsection (a)(4) unless the landlord does not comply on or before the seventh day after the date the written request for compliance is received if the lease includes language underlined or in boldface print that in substance provides the tenant with notice that: (1) the landlord at the landlord's expense is required to equip the dwelling, when the tenant takes possession, with the security devices described by Sections 92.153(a)(1)-(4) and (6); (2) the landlord is not required to install a doorknob lock or keyed dead bolt at the landlord's expense if the exterior doors meet the requirements of Section 92.153(f); (3) the landlord is not required to install a keyless bolting device at the landlord's expense on an exterior door if the landlord is expressly required or permitted to periodically check on the well-being or health of the tenant as provided by Section 92.153(e)(3); and. (b) The tenant must file with the justice court in the precinct in which the rental premises are located a sworn complaint specifying the facts of the alleged unlawful utility disconnection by the landlord or the landlord's agent. (b) A tenant may, without request from the landlord, provide the landlord with the information in Subsection (a). (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. 869, Sec. Jan. 1, 1984. Aug. 26, 1985. Amended by Acts 1993, 73rd Leg., ch. 17.001(a), eff. Renumbered from Property Code Sec. Amended by Acts 1995, 74th Leg., ch. (e) A landlord may comply with this section by providing to a tenant a complete copy of the lease: (2) in an electronic format if requested by the tenant; or. 794, Sec. (C) designed to prevent the door from being opened. Amended by Acts 1985, 69th Leg., ch. 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 . 337 (H.B. Furthermore, each co-owner may control an equal or different percentage of the total property. (j) A tenant and a landlord may agree that the tenant waives a tenant's rights under this section if the tenant or any dependent living with the tenant moves into base housing or other housing within 30 miles of the dwelling. Jan. 1, 1996. (a) In a lawsuit by a tenant under either a written or oral lease for a dwelling or in a suit to enforce a legal obligation of the owner as landlord of the dwelling, the owner's agent for service of process is determined according to this section. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 92.331 by Acts 1997, 75th Leg., ch. (3) leaving the notice inside the dwelling in a conspicuous place if notice in that manner is authorized in a written lease. (2) enter the payment date and amount in a record book maintained by the landlord. Acts 1983, 68th Leg., p. 3639, ch. EFFECT ON OTHER LANDLORD DUTIES AND TENANT REMEDIES. Sept. 1, 1997. 92.252. 92.059 and amended by Acts 1995, 74th Leg., ch. 165, Sec. 165, Sec. 3, eff. (c) The expense of rekeying security devices for purposes of the use or change of the landlord's master key must be paid by the landlord. Amended by Acts 1993, 73rd Leg., ch. "An ouster, in the law of tenancy in common, is the wrongful dispossession or exclusion by one tenant of his cotenant or cotenants from the common property of which they are entitled to possession." [1] Zaslow v. Kroenert (1946) 29 Cal. Sept. 1, 1999. 826, Sec. 576, Sec. 869, Sec. 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. 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. (C) The landlord has expressly or impliedly agreed in the lease to furnish heating or cooling equipment; the equipment is producing inadequate heat or cooled air; and the landlord has been notified in writing by the appropriate local housing, building, or health official or other official having jurisdiction that the lack of heat or cooling materially affects the health or safety of an ordinary tenant. Sec. . 576, Sec. 1, eff. Tenants In Common. (a) A landlord's liability under this section is subject to Section 92.052(b) regarding conditions that are caused by a tenant and Section 92.054 regarding conditions that are insured casualties. (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. 1, eff. 7.002(o), eff. January 1, 2014. (c) A fire extinguisher that satisfies the inspection requirements of Subsection (b) at the beginning of a tenant's possession is presumed to be in good working order until the tenant requests an inspection in writing. 1198 (S.B. 475, Sec. HARASSMENT. (e) If a tenant is liable under Subsection (a) and the tenant does not comply with the landlord's notice under Subsection (d), the landlord shall have the following remedies against the tenant: (1) a court order directing the tenant to comply with the landlord's notice; (2) a judgment against the tenant for a civil penalty of one month's rent plus $100; (3) a judgment against the tenant for court costs; and. 1186), Sec. (4) the landlord, at the same time the service is interrupted, hand delivers or places on the tenant's front door a written notice that: (A) prominently displays the words "electricity termination notice" or similar language underlined or in bold; and. September 1, 2017. (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. 1, eff. 1, eff. (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. (2) a servicemember, while in military service, executes the lease and after executing the lease receives military orders: (A) for a permanent change of station; or. LANDLORD'S FAILURE TO DISCLOSE INFORMATION. 8, eff. 357, Sec. Sec. (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. In this article, I will focus on TIC. 92.153. Sec. Acts 1983, 68th Leg., p. 3639, ch. Sec. (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. 5, eff. DEFINITIONS. DISCLOSURE OF OWNERSHIP AND MANAGEMENT. LeaseRunner's Texas lease uses the 24 hour . CESSATION OF OWNER'S INTEREST. (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. REMOVAL OF PROPERTY AND EXCLUSION OF RESIDENTIAL TENANT. In this blog we'll discuss some of the primary differences between tenancy in common (TIC) and community property ownership since the manner in which title is vested has important legal and taxation ramifications for property owners. Sec. 650, Sec. 1, eff. Sept. 1, 1993. 744, Sec. Sept. 1, 1993. (j) This section does not affect a tenant's right to pursue a separate cause of action under Section 92.0081. Jan. 1, 1984. TENANT'S REPAIR AND DEDUCT REMEDIES. (a) A landlord is liable according to this subchapter if: (1) the landlord did not install a smoke alarm at the time of initial occupancy by the tenant as required by this subchapter or a municipal ordinance permitted by this subchapter; or. 92.206. (a) A party who prevails in a suit brought under this subchapter or Subchapter B, E, or F may recover the party's costs of court and reasonable attorney's fees in relation to work reasonably expended. (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. 650, Sec. Sec. 8, eff. Sec. 650, Sec. Non-renewal of the lease after the rental period ends. (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. These means that upon the death of one owner their share of the property will pass to the surviving co-owners. (3) 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. Sec. Sept. 1, 1993. 92.331. Sec. 1, eff. With tenancy in common two or more persons hold title to real estate jointly. CASH RENTAL PAYMENTS. Amended by Acts 1997, 75th Leg., ch. 92.164. Acts 1983, 68th Leg., p. 3639, ch. 1, eff. Acts 2009, 81st Leg., R.S., Ch. The writ of restoration of utility service must notify the landlord of the right to a hearing. The power system and installation procedure of a security device that is electrically operated rather than battery operated must comply with applicable local ordinances. LANDLORD AND TENANT. 5. (2) the person against whom the action is filed knew or should have known of the conviction or adjudication. Aug. 28, 1989. Acts 1983, 68th Leg., p. 3653, ch. Sec. 801, Sec. (g) Except as provided by Subsection (h), a fee collected under this section is a security deposit for purposes of this chapter. (b) If a dwelling unit was occupied as a residence before September 1, 2011, or a certificate of occupancy was issued for the dwelling unit before that date, a smoke alarm installed in accordance with Subsection (a) may be powered by battery and is not required to be interconnected with other smoke alarms, except that a smoke alarm that is installed to replace a smoke alarm that was in place on the date the dwelling unit was first occupied as a residence must comply with residential building code standards that applied to the dwelling unit on that date or Section 92.252(b). 2, eff. Termination of a lease under this subsection is effective when the tenant surrenders possession of the dwelling. (a) If a condition results from an insured casualty loss, such as fire, smoke, hail, explosion, or a similar cause, the period for repair does not begin until the landlord receives the insurance proceeds. Otherwise, this subchapter does not affect any other right of a landlord or tenant under contract, statutory law, or common law that is consistent with the purposes of this subchapter or any right a landlord or tenant may have to bring an action for personal injury or property damage under the law of this state. 48, Sec. A landlord is entitled to verify the significant financial loss of income in order to determine whether a tenant is entitled to terminate a lease if the tenant has signed a waiver under this section and moves within 30 miles of the dwelling into housing that is not owned or occupied by family or relatives of the tenant or the tenant's dependent. (B) does not increase the guarantor's potential financial obligation for rent that existed under the original lease. (b) This section does not authorize a recovery of attorney's fees in an action brought under Subchapter E or F for damages that relate to or arise from property damage, personal injury, or a criminal act. 4, eff. 1, eff. Jan. 1, 1984. ALTERNATIVE COMPLIANCE. (a) A tenant shall notify the landlord of a rent deduction attributable to the tenant's installing, repairing, changing, replacing, or rekeying of a security device under Section 92.164(a)(1) or 92.165(1) after the landlord's failure to comply with this subchapter. 92.333. Jan. 1, 1996. Jan. 1, 1984. Specific sections cover the residential landlord's responsibility and liability for repairs, retaliation, the rental application, evictions, security deposits, lockouts, smoke . 3, eff. (c) If the landlord gives the tenant the notice closing the rental unit: (1) before the tenant gives a repair notice to the landlord, the remedies of this subchapter do not apply; (2) after the tenant gives a repair notice to the landlord but before the landlord has had a reasonable time to make repairs, the tenant is entitled only to the remedies under Subsection (d) of this section and Subdivisions (3), (4), and (5) of Subsection (a) of Section 92.0563; or. (b) Notice under this section must be in writing and may be given in person, by mail, or by delivery to the premises. Sec. 3, eff. EVICTION SUITS. . 3101), Sec. (d) This section does not release a guarantor from the obligations of the guarantor under the terms of the original lease or a valid renewal for costs and damages owed to the lessor that arise after the date specified by the guarantor in the original lease in accordance with Subsection (b), if the costs or damages relate to actions of the tenant before that date or arise as a result of the tenant refusing to vacate the leased premises. (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. 576, Sec.
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5, eff. Sept. 1, 1999. (4) court costs and attorney's fees arising from any related cause of action by the tenant against the landlord. 576, Sec. It is also regulated by the Texas property code. 1367), Sec. (3) not later than the third day after the date of receipt of the tenant's request, provided the tenant with a written notice: (A) stating that the management company or managing agent has taken the actions in Subdivisions (1) and (2); (B) stating that the owner has not provided or will not provide the necessary funds; and. (f) A landlord and tenant may agree that, except for those conditions caused by the negligence of the landlord, the tenant has the duty to pay for repair of the following conditions that may occur during the lease term or a renewal or extension: (1) damage from wastewater stoppages caused by foreign or improper objects in lines that exclusively serve the tenant's dwelling; (2) damage to doors, windows, or screens; and. September 1, 2013. 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. (2) if an entity located off-site from the dwelling is primarily responsible for managing the dwelling, the name and street address of the management company. V 3. 92.353. Amended by Acts 1993, 73rd Leg., ch. 1, eff. (e) The affidavit must be delivered to the tenant by any of the following methods: (2) certified mail, return receipt requested, to the tenant; or. 918, Sec. (a) A landlord shall make a diligent effort to repair or remedy a condition if: (1) the tenant specifies the condition in a notice to the person to whom or to the place where rent is normally paid; (2) the tenant is not delinquent in the payment of rent at the time notice is given; and, (A) materially affects the physical health or safety of an ordinary tenant; or. (5) "Landlord" means a prospective landlord to whom a person makes application for rental of a dwelling. Aug. 31, 1987. 576, Sec. A repairman or supplier shall not have a lien for materials or services arising out of repairs contracted for by the tenant under this section. 1205, Sec. 1, eff. The fee for service of a show cause order is the same as that for service of a civil citation. 92.026. 3101), Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 4, eff. January 1, 2008. Added by Acts 2007, 80th Leg., R.S., Ch. 23.011, eff. 629 (S.B. Acts 1983, 68th Leg., p. 3645, ch. LIABILITY OF TENANT FOR GOVERNMENTAL FINES. Payment of the fee, charge, or other sum of money by a tenant does not waive the right or remedies provided by this section. 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. 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. Sept. 1, 1993. 357, Sec. (C) refund the tenant's security deposit, less lawful deductions, to the person designated under Subdivision (1). 869, Sec. 1, eff. (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. Landlords can continue with the eviction process if the tenant refuses to leave after the 30-day grace period. Sec. Jan. 1, 1984. (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. Sec. Acts 1983, 68th Leg., p. 3646, ch. (b) A tenant may not unilaterally terminate the lease under Subsection (a)(2) or file suit against the landlord to obtain a judgment under Subsection (a)(4) unless the landlord does not comply on or before the seventh day after the date the written request for compliance is received if the lease includes language underlined or in boldface print that in substance provides the tenant with notice that: (1) the landlord at the landlord's expense is required to equip the dwelling, when the tenant takes possession, with the security devices described by Sections 92.153(a)(1)-(4) and (6); (2) the landlord is not required to install a doorknob lock or keyed dead bolt at the landlord's expense if the exterior doors meet the requirements of Section 92.153(f); (3) the landlord is not required to install a keyless bolting device at the landlord's expense on an exterior door if the landlord is expressly required or permitted to periodically check on the well-being or health of the tenant as provided by Section 92.153(e)(3); and. (b) The tenant must file with the justice court in the precinct in which the rental premises are located a sworn complaint specifying the facts of the alleged unlawful utility disconnection by the landlord or the landlord's agent. (b) A tenant may, without request from the landlord, provide the landlord with the information in Subsection (a). (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. 869, Sec. Jan. 1, 1984. Aug. 26, 1985. Amended by Acts 1993, 73rd Leg., ch. 17.001(a), eff. Renumbered from Property Code Sec. Amended by Acts 1995, 74th Leg., ch. (e) A landlord may comply with this section by providing to a tenant a complete copy of the lease: (2) in an electronic format if requested by the tenant; or. 794, Sec. (C) designed to prevent the door from being opened. Amended by Acts 1985, 69th Leg., ch. 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 . 337 (H.B. Furthermore, each co-owner may control an equal or different percentage of the total property. (j) A tenant and a landlord may agree that the tenant waives a tenant's rights under this section if the tenant or any dependent living with the tenant moves into base housing or other housing within 30 miles of the dwelling. Jan. 1, 1996. (a) In a lawsuit by a tenant under either a written or oral lease for a dwelling or in a suit to enforce a legal obligation of the owner as landlord of the dwelling, the owner's agent for service of process is determined according to this section. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 92.331 by Acts 1997, 75th Leg., ch. (3) leaving the notice inside the dwelling in a conspicuous place if notice in that manner is authorized in a written lease. (2) enter the payment date and amount in a record book maintained by the landlord. Acts 1983, 68th Leg., p. 3639, ch. EFFECT ON OTHER LANDLORD DUTIES AND TENANT REMEDIES. Sept. 1, 1997. 92.252. 92.059 and amended by Acts 1995, 74th Leg., ch. 165, Sec. 165, Sec. 3, eff. (c) The expense of rekeying security devices for purposes of the use or change of the landlord's master key must be paid by the landlord. Amended by Acts 1993, 73rd Leg., ch. "An ouster, in the law of tenancy in common, is the wrongful dispossession or exclusion by one tenant of his cotenant or cotenants from the common property of which they are entitled to possession." [1] Zaslow v. Kroenert (1946) 29 Cal. Sept. 1, 1999. 826, Sec. 576, Sec. 869, Sec. 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. 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. (C) The landlord has expressly or impliedly agreed in the lease to furnish heating or cooling equipment; the equipment is producing inadequate heat or cooled air; and the landlord has been notified in writing by the appropriate local housing, building, or health official or other official having jurisdiction that the lack of heat or cooling materially affects the health or safety of an ordinary tenant. Sec. . 576, Sec. 1, eff. Tenants In Common. (a) A landlord's liability under this section is subject to Section 92.052(b) regarding conditions that are caused by a tenant and Section 92.054 regarding conditions that are insured casualties. (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. 1, eff. 7.002(o), eff. January 1, 2014. (c) A fire extinguisher that satisfies the inspection requirements of Subsection (b) at the beginning of a tenant's possession is presumed to be in good working order until the tenant requests an inspection in writing. 1198 (S.B. 475, Sec. HARASSMENT. (e) If a tenant is liable under Subsection (a) and the tenant does not comply with the landlord's notice under Subsection (d), the landlord shall have the following remedies against the tenant: (1) a court order directing the tenant to comply with the landlord's notice; (2) a judgment against the tenant for a civil penalty of one month's rent plus $100; (3) a judgment against the tenant for court costs; and. 1186), Sec. (4) the landlord, at the same time the service is interrupted, hand delivers or places on the tenant's front door a written notice that: (A) prominently displays the words "electricity termination notice" or similar language underlined or in bold; and. September 1, 2017. (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. 1, eff. 1, eff. (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. (2) a servicemember, while in military service, executes the lease and after executing the lease receives military orders: (A) for a permanent change of station; or. LANDLORD'S FAILURE TO DISCLOSE INFORMATION. 8, eff. 357, Sec. Sec. (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. In this article, I will focus on TIC. 92.153. Sec. Acts 1983, 68th Leg., p. 3639, ch. Sec. (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. 5, eff. DEFINITIONS. DISCLOSURE OF OWNERSHIP AND MANAGEMENT. LeaseRunner's Texas lease uses the 24 hour . CESSATION OF OWNER'S INTEREST. (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. REMOVAL OF PROPERTY AND EXCLUSION OF RESIDENTIAL TENANT. In this blog we'll discuss some of the primary differences between tenancy in common (TIC) and community property ownership since the manner in which title is vested has important legal and taxation ramifications for property owners. Sec. 650, Sec. 1, eff. Sept. 1, 1993. 744, Sec. Sept. 1, 1993. (j) This section does not affect a tenant's right to pursue a separate cause of action under Section 92.0081. Jan. 1, 1984. TENANT'S REPAIR AND DEDUCT REMEDIES. (a) A landlord is liable according to this subchapter if: (1) the landlord did not install a smoke alarm at the time of initial occupancy by the tenant as required by this subchapter or a municipal ordinance permitted by this subchapter; or. 92.206. (a) A party who prevails in a suit brought under this subchapter or Subchapter B, E, or F may recover the party's costs of court and reasonable attorney's fees in relation to work reasonably expended. (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. 650, Sec. Sec. 8, eff. Sec. 650, Sec. Non-renewal of the lease after the rental period ends. (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. These means that upon the death of one owner their share of the property will pass to the surviving co-owners. (3) 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. Sec. Sept. 1, 1993. 92.331. Sec. 1, eff. With tenancy in common two or more persons hold title to real estate jointly. CASH RENTAL PAYMENTS. Amended by Acts 1997, 75th Leg., ch. 92.164. Acts 1983, 68th Leg., p. 3639, ch. 1, eff. Acts 2009, 81st Leg., R.S., Ch. The writ of restoration of utility service must notify the landlord of the right to a hearing. The power system and installation procedure of a security device that is electrically operated rather than battery operated must comply with applicable local ordinances. LANDLORD AND TENANT. 5. (2) the person against whom the action is filed knew or should have known of the conviction or adjudication. Aug. 28, 1989. Acts 1983, 68th Leg., p. 3653, ch. Sec. 801, Sec. (g) Except as provided by Subsection (h), a fee collected under this section is a security deposit for purposes of this chapter. (b) If a dwelling unit was occupied as a residence before September 1, 2011, or a certificate of occupancy was issued for the dwelling unit before that date, a smoke alarm installed in accordance with Subsection (a) may be powered by battery and is not required to be interconnected with other smoke alarms, except that a smoke alarm that is installed to replace a smoke alarm that was in place on the date the dwelling unit was first occupied as a residence must comply with residential building code standards that applied to the dwelling unit on that date or Section 92.252(b). 2, eff. Termination of a lease under this subsection is effective when the tenant surrenders possession of the dwelling. (a) If a condition results from an insured casualty loss, such as fire, smoke, hail, explosion, or a similar cause, the period for repair does not begin until the landlord receives the insurance proceeds. Otherwise, this subchapter does not affect any other right of a landlord or tenant under contract, statutory law, or common law that is consistent with the purposes of this subchapter or any right a landlord or tenant may have to bring an action for personal injury or property damage under the law of this state. 48, Sec. A landlord is entitled to verify the significant financial loss of income in order to determine whether a tenant is entitled to terminate a lease if the tenant has signed a waiver under this section and moves within 30 miles of the dwelling into housing that is not owned or occupied by family or relatives of the tenant or the tenant's dependent. (B) does not increase the guarantor's potential financial obligation for rent that existed under the original lease. (b) This section does not authorize a recovery of attorney's fees in an action brought under Subchapter E or F for damages that relate to or arise from property damage, personal injury, or a criminal act. 4, eff. 1, eff. Jan. 1, 1984. ALTERNATIVE COMPLIANCE. (a) A tenant shall notify the landlord of a rent deduction attributable to the tenant's installing, repairing, changing, replacing, or rekeying of a security device under Section 92.164(a)(1) or 92.165(1) after the landlord's failure to comply with this subchapter. 92.333. Jan. 1, 1996. Jan. 1, 1984. Specific sections cover the residential landlord's responsibility and liability for repairs, retaliation, the rental application, evictions, security deposits, lockouts, smoke . 3, eff. (c) If the landlord gives the tenant the notice closing the rental unit: (1) before the tenant gives a repair notice to the landlord, the remedies of this subchapter do not apply; (2) after the tenant gives a repair notice to the landlord but before the landlord has had a reasonable time to make repairs, the tenant is entitled only to the remedies under Subsection (d) of this section and Subdivisions (3), (4), and (5) of Subsection (a) of Section 92.0563; or. (b) Notice under this section must be in writing and may be given in person, by mail, or by delivery to the premises. Sec. 3, eff. EVICTION SUITS. . 3101), Sec. (d) This section does not release a guarantor from the obligations of the guarantor under the terms of the original lease or a valid renewal for costs and damages owed to the lessor that arise after the date specified by the guarantor in the original lease in accordance with Subsection (b), if the costs or damages relate to actions of the tenant before that date or arise as a result of the tenant refusing to vacate the leased premises. (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. 576, Sec.
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