92.0081. (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. January 1, 2016. 1, eff. Acts 2005, 79th Leg., Ch. Sec. 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.". Amended by Acts 1989, 71st Leg., ch. (i) For purposes of Subsections (c) and (c-1), a tenant who is a parent or guardian of a victim described by those subsections must reside with the victim to exercise the rights established by this section. 92.004. However, tenants may own unequal shares -- one tenant may own 1/3 of it, for example, and one tenant may own 2/3, which can become relevant in the . 92.014. Sec. Jan. 1, 1984. 92.051. 13, eff. (c) A reasonable time for purposes of Subsections (a) and (b) is presumed to be not later than 72 hours after the time of receipt of the tenant's request and any required advance payment if at the time of making the request the tenant informed the landlord that: (1) an unauthorized entry occurred or was attempted in the tenant's dwelling; (2) an unauthorized entry occurred or was attempted in another unit in the multiunit complex in which the tenant's dwelling is located during the two months preceding the date of the request; or. Section 27.0025 defines a community garden as a portion of . This happens even if the decedent left the property to heirs using a Will. 92.152. (f) An appeal of a judgment of a justice court under this section takes precedence in county court and may be held at any time after the eighth day after the date the transcript is filed in the county court. Jan. 1, 1984. Sept. 1, 1995; Acts 1995, 74th Leg., ch. (a) A tenant's judicial remedies under Section 92.056 shall include: (1) an order directing the landlord to take reasonable action to repair or remedy the condition; (2) an order reducing the tenant's rent, from the date of the first repair notice, in proportion to the reduced rental value resulting from the condition until the condition is repaired or remedied; (3) a judgment against the landlord for a civil penalty of one month's rent plus $500; (4) a judgment against the landlord for the amount of the tenant's actual damages; and. The writ of restoration of utility service must notify the landlord of the right to a hearing. January 1, 2010. (3) "Exterior door" means a door providing access from a dwelling interior to the exterior. If on a ceiling, it must be no closer than six inches to a wall or otherwise located in accordance with the manufacturer's installation instructions. 869, Sec. 576, Sec. September 1, 2011. Added by Acts 1997, 75th Leg., ch. 576, Sec. Sept. 1, 1999. Notice by mail may be by regular mail, by registered mail, or by certified mail, return receipt requested. Aug. 31, 1987. (2) United States mail, addressed to the applicant and postmarked on or before the required date. Jan. 1, 1996. (o) A landlord may not interrupt or cause the interruption of electric service under Subsection (h) for any of the following reasons: (1) a delinquency in payment for electric service furnished to a previous tenant; (2) failure to pay non-electric bills, rent, or other fees; (3) failure to pay electric bills that are six or more months delinquent; or. (d) Repealed by Acts 2009, 81st Leg., R.S., Ch. (2) for a dwelling unit that is a one-family or two-family dwelling unit, installs smoke detectors in compliance with Chapter 766, Health and Safety Code. Disputes can easily arise in any common property ownership situation. 9, eff. (d) Except as provided by Subsection (f), this section does not affect a tenant's liability for delinquent, unpaid rent or other sums owed to the landlord before the lease was terminated by the tenant under this section. September 1, 2017. Acts 1983, 68th Leg., p. 3647, ch. (m) A landlord may not interrupt or cause the interruption of electric service under Subsection (h) to a tenant who receives energy assistance for a billing period during which the landlord receives a pledge, letter of intent, purchase order, or other notification that the energy assistance provider is forwarding sufficient payment to continue the electric service. The tenant has the burden of proving that the misuse or damage was caused by another party. 92.062. 1367), Sec. 687, Sec. 92.025. (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. 92.013. (a) A landlord shall install at least one smoke alarm in each separate bedroom in a dwelling unit. The reconnection fee must be computed based on the average cost to the landlord for the expenses associated with the reconnection, but may not exceed $10. 1168), Sec. Sec. Jan. 1, 1984. January 1, 2010. 357, Sec. This means they each person owns an undivided one-half interest in the property, but there is no automatic right of survivorship. SECURITY DEVICES REQUIRED WITHOUT NECESSITY OF TENANT REQUEST. Jan. 1, 1984. 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). 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. Acts 1983, 68th Leg., p. 3632, ch. (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. Aug. 26, 1985. (a) Except as provided by this section, the tenant has the burden of proof in a judicial action to enforce a right resulting from the landlord's failure to repair or remedy a condition under Section 92.052. 92.1041. Sept. 1, 1989. Jan. 1, 1984. 92.013 by Acts 2001, 77th Leg., ch. January 1, 2006. (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.". (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. A fee may not be applied to a deferred payment plan entered into under this section. 576, Sec. Added by Acts 1995, 74th Leg., ch. Renumbered from Sec. 2, eff. Sec. 126, Sec. 2, eff. Sept. 1, 1995. (2) after the tenant moves out the landlord will either immediately demolish the rental unit or no longer use the unit for residential purposes. (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. 469 (H.B. Added by Acts 1989, 71st Leg., ch. (b) The notice must be given in person or by mail to the affected tenant. Amended by Acts 1985, 69th Leg., ch. Sec. Added by Acts 1993, 73rd Leg., ch. Jan. 1, 1984. DUTY TO REPAIR OR REPLACE. 2, eff. (i) Except as provided by Subsection (j), a tenant's right to terminate a lease before the end of the lease term, vacate the dwelling, and avoid liability under this section may not be waived by a tenant. (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. Aug. 28, 1989. 200, 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. Acts 2019, 86th Leg., R.S., Ch. (3) the landlord has locally mailed not later than the fifth calendar day before the date on which the door locks are changed or hand-delivered to the tenant or posted on the inside of the main entry door of the tenant's dwelling not later than the third calendar day before the date on which the door locks are changed a written notice stating: (A) the earliest date that the landlord proposes to change the door locks; (B) the amount of rent the tenant must pay to prevent changing of the door locks; (C) the name and street address of the individual to whom, or the location of the on-site management office at which, the delinquent rent may be discussed or paid during the landlord's normal business hours; and. (g) If a landlord arrives at the dwelling in a timely manner in response to a tenant's telephone call to the number contained in the notice as described by Subsection (c)(1) and the tenant is not present to receive the key to the changed lock, the landlord shall leave a notice on the front door of the dwelling stating the time the landlord arrived with the key and the street address to which the tenant may go to obtain the key during the landlord's normal office hours. 4, eff. 92.021. 2, eff. 576, Sec. Added by Acts 2021, 87th Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. (a) For purposes of this section, "dependent," "military service," and "servicemember" have the meanings assigned by 50 App. 1, eff. Sec. (3) in other locations controlled by the landlord as necessary to: (A) enter or exit the tenant's rental unit; (B) enter or exit the leased premises; or. 588 (S.B. Sept. 1, 1993. We will always provide free access to the current law. (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. LIABILITY FOR LEASING TO PERSON WITH CRIMINAL RECORD. (2) the landlord may not allow reoccupancy or reconnection of utilities by separate meter within six months after the date the tenant moves out. Texas law presumes that if two non-spouses are named as co-owners, and nothing more is said, then they are tenants-in-common (Est. 1414), Sec. 8, eff. Acts 1983, 68th Leg., p. 3632, ch. 1, eff. (a) Except as provided by Subsections (b) and (c), a landlord must comply with a tenant's request for rekeying, changing, installing, repairing, or replacing a security device under Section 92.156, 92.157, or 92.158 within a reasonable time. (k) If the tenant challenges the claim for damages or unpaid rent and that challenge results in a determination by the landlord or by a court that the notice of indebtedness is incorrect, the indebtedness is void and the landlord may not file an insurance claim for insurance purchased under Subsection (e) in the amount of the voided indebtedness. If a municipality or a county revokes a certificate of occupancy for a leased premises because of the landlord's failure to maintain the premises, the landlord is liable to a tenant who is not in default under the lease for: (1) the full amount of the tenant's security deposit; (2) the pro rata portion of any rental payment the tenant has paid in advance; (3) the tenant's actual damages, including any moving costs, utility connection fees, storage fees, and lost wages; and. However, the landlord's duty to repair or remedy conditions covered by this subchapter may not be waived except as provided by Subsection (e) or (f) of Section 92.006. 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