3101), Sec. Jan. 1, 1996. (h) Subject to Subsections (i), (j), (k), (m), and (o), a landlord who submeters electricity or allocates or prorates nonsubmetered master metered electricity may interrupt or cause the interruption of electric service for nonpayment by the tenant of an electric bill issued to the tenant if: (1) the landlord's right to interrupt electric service is provided by a written lease entered into by the tenant; (2) the tenant's electric bill is not paid on or before the 12th day after the date the electric bill is issued; (3) advance written notice of the proposed interruption is delivered to the tenant by mail or hand delivery separately from any other written content that: (A) prominently displays the words "electricity termination notice" or similar language underlined or in bold; (i) the date on which the electric service will be interrupted; (ii) a location where the tenant may go during the landlord's normal business hours to make arrangements to pay the bill to avoid interruption of electric service; (iii) the amount that must be paid to avoid interruption of electric service; (iv) a statement providing that when the tenant makes a payment to avoid interruption of electric service, the landlord may not apply that payment to rent or other amounts owed under the lease; (v) a statement providing that the landlord may not evict a tenant for failure to pay an electric bill when the landlord has interrupted the tenant's electric service unless the tenant fails to pay for the electric service after the electric service has been interrupted for at least two days, not including weekends or state or federal holidays; and, (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; and, (C) is delivered not earlier than the first day after the bill is past due or later than the fifth day before the interruption date stated in the notice; and. (e) The landlord has met the duty to inspect and repair if the smoke alarm is in good working order after the landlord tests the smoke alarm with smoke, operates the testing button on the smoke alarm, or follows other recommended test procedures of the manufacturer for the particular model. 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. 576, Sec. 1, eff. LANDLORD'S DUTY TO PROVIDE COPY OF LEASE. (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. 257 (H.B. (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. 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. 3, eff. Sec. COMMON AREA FACILITIES. 650, Sec. 189 (S.B. (3) a delay was caused by circumstances beyond the landlord's control, including the illness or death of the landlord or a member of the landlord's immediate family. Sept. 1, 1993. Jan. 1, 1996; Acts 1995, 74th Leg., ch. (2) "Door viewer" means a permanently installed device in an exterior door that allows a person inside the dwelling to view a person outside the door. (c) If Subsection (b) does not apply, the owner's management company, on-premise manager, or rent collector serving the dwelling is the owner's authorized agent for service of process unless the owner's name and business street address have been furnished in writing to the tenant. Sec. (c) If a landlord does not provide the tenant the notice as required by this section, the landlord forfeits the right to collect damages and charges from the tenant. LIABILITY FOR LEASING TO PERSON WITH CRIMINAL RECORD. 257 (H.B. Renumbered from Property Code Sec. Sept. 1, 1993; Acts 1995, 74th Leg., ch. Sec. (b) A provision in a lease is void if the provision purports to: (1) waive a tenant's right to summon police or other emergency assistance based on the tenant's reasonable belief that an individual is in need of intervention or emergency assistance; or. Sec. The duties of a landlord and the remedies of a tenant under this subchapter are in lieu of the common law, other statutory law, and local ordinances relating to the disclosure of ownership and management of a dwelling by a landlord to a tenant. Each person can hold an equal or unequal percentage of the overall property. 5, eff. 83), Sec. (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. April 1, 2002. January 1, 2008. (e) Except as provided by Subsection (g), 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. 2404), Sec. (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. (b) A landlord may not intentionally prevent a tenant from entering the leased premises except by judicial process unless the exclusion results from: (1) bona fide repairs, construction, or an emergency; (2) removing the contents of premises abandoned by a tenant; or. 869, Sec. If the lease is in writing and is not in violation of Section 92.006, the tenant's proof of a knowing violation must be clear and convincing. Texas Property Code section 92.056 states: " For a condition that materially affects the physical health or safety of an ordinary tenant, the landlord is required to make repairs or to remedy the condition .". while common law lays out general guidelines for the process. 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 . Amended by Acts 1995, 74th Leg., ch. 92.059 and amended by Acts 1995, 74th Leg., ch. (j) This section does not affect a tenant's right to pursue a separate cause of action under Section 92.0081. 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. LANDLORD AND TENANT. (2) the late fee is more than the applicable amount under Subdivision (1), but not more than uncertain damages to the landlord related to the late payment of rent, including direct or indirect expenses, direct or indirect costs, or overhead associated with the collection of late payment. Acts 1983, 68th Leg., p. 3637, ch. Sec. PROPERTY CODE. 92.008 Williamson v. Howard Texas Property Code Ac. (2) "Occupant" means a person who has the landlord's consent to occupy a dwelling but has no obligation to pay the rent for the dwelling. (a) This subchapter does not apply to: (1) a dwelling unit that is occupied by its owner, no part of which is leased to a tenant; (2) a dwelling unit in a building five or more stories in height in which smoke alarms are required or regulated by local ordinance; or. 1, eff. Jan. 1, 1996. (f) If the landlord fails to request a hearing on the tenant's sworn complaint for restoration of utility service before the eighth day after the date of service of the writ of restoration of utility service on the landlord under Subsection (d), a judgment for court costs may be rendered against the landlord. Jan. 1, 1984. . 869, Sec. UNIFORM CONDOMINIUM ACT. - 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. (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 sliding door pin lock or sliding door security bar required by this subchapter must be installed at a height not higher than: (1) 54 inches from the floor, if installed before September 1, 1993; or. 917 (H.B. (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. 4, eff. 92.166. Sec. LANDLORD'S DEFENSES. 92.161. NONRETALIATION. DEFINITIONS. 93.004 by Acts 2003, 78th Leg., ch. Sec. 576, Sec. 92.255. But they have different title percentages of ownership. Aug. 28, 1989. (3) after the tenant gives a repair notice to the landlord and after 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. January 1, 2014. Added by Acts 1993, 73rd Leg., ch. 1, eff. (c) This section does not create a cause of action or expand an existing cause of action. Sept. 1, 1995. Sept. 1, 1997. September 1, 2019. 651 (H.B. Sec. (a) Subject to Subsection (b), if the life tenant of a legal life estate is given the power to sell and reinvest any life tenancy property, the life tenant is subject, with respect to the sale and investment of the property, to all of the fiduciary duties of a trustee imposed by the Texas Trust Code (Subtitle B, Title 9 . Jan. 1, 1996. Sept. 1, 1993; Acts 1995, 74th Leg., ch. (b) After a tenant receives the notice and moves out: (1) the local health officer or building inspector may not allow occupancy of or utility service by separate meter to the rental unit until the officer certifies that he knows of no condition that materially affects the physical health or safety of an ordinary tenant; and. repair or remedy conditions on the premises that materially affect the physical health or safety of an ordinary tenant of the manufactured home community. Amended by Acts 1989, 71st Leg., ch. Added by Acts 2009, 81st Leg., R.S., Ch. (3) For conditions other than those specified in Subdivision (2) of this subsection, if the new landlord acquires title as described in this subsection and has notified the tenant of the name and address of the new landlord or the new landlord's authorized agent and if the tenant has not already contracted for the repair or remedy at the time the tenant is so notified, the tenant must deliver to the new landlord a written notice of intent to repair or remedy the condition, and the new landlord shall have a reasonable time to complete the repair before the tenant may repair or remedy the condition. (9) "Possession of a dwelling" means occupancy by a tenant under a lease, including occupancy until the time the tenant moves out or a writ of possession is issued by a court. The landlord's duty of inspection and repair of smoke alarms under Subchapter F may be waived only by written agreement. 1349 (H.B. 2, eff. SECURITY DEVICES REQUESTED BY TENANT. CODE 23.001. . 952, Sec. 1367), Sec. Renumbered from Sec. (2) "Landlord" means the owner, lessor, or . Acts 1983, 68th Leg., p. 3638, ch. They may own it equally or in unequal percentages. Amended by Acts 1993, 73rd Leg., ch. A management company, managing agent, or on-site manager may reimburse itself for the costs from the owner's funds in its possession or control. Jan. 1, 1984. September 1, 2011. 1186), Sec. . 91.002 and amended by Acts 1989, 71st Leg., ch. 469 (H.B. 92.208. 2, eff. Acts 1983, 68th Leg., p. 3635, ch. (2) in addition to other remedies available under law, recover from the landlord an amount equal to the sum of the tenant's actual damages, one month's rent plus $1,000, reasonable attorney's fees, and court costs, less any delinquent rents or other sums for which the tenant is liable to the landlord. Damage, however, should be covered by the tenant. 1, eff. APPLICATION. Sec. 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. LANDLORD LIABILITY AND TENANT REMEDIES; NOTICE AND TIME FOR REPAIR. Jan. 1, 1984. Amended by Acts 1995, 74th Leg., 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. 92.0191. A repair bill and receipt may be the same document. According to the Austin Tenants' Council, the lockout law says: The lease must include written notice of the landlord 's right to exercise a lockout. 5, eff. September 1, 2017. TENANT'S RIGHT TO SUMMON POLICE OR EMERGENCY ASSISTANCE. Sec. (c) If the rules or policies are contained in the lease agreement or an attachment to the lease agreement, the title to the paragraph containing the rules or policies must read "Parking" or "Parking Rules" and be capitalized, underlined, or printed in bold print. 69), Sec. (a) A landlord that has an on-site management or superintendent's office for a residential rental property must provide to a tenant a telephone number that will be answered 24 hours a day for the purpose of reporting emergencies related to a condition of the leased premises that materially affects the physical health or safety of an ordinary tenant. Sept. 1, 1989. 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. Sec. Sec. Chapter 91, Section 3 (91.003) - public indecency. Sec. Jan. 1, 1984. 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. 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. (7) recover court costs and attorney's fees, excluding any attorney's fees for a cause of action for damages relating to a personal injury. January 1, 2010. Section 23.001 et seq. The device must be: (A) a clear glass pane or one-way mirror; or. 92.1641. 9, eff. (3) leaving the notice inside the dwelling in a conspicuous place if notice in that manner is authorized in a written lease. 1303), Sec. (a) The tenant may not withhold payment of any portion of the last month's rent on grounds that the security deposit is security for unpaid rent. 576, Sec. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 1072 (H.B. Jan. 1, 1984. 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. 1, eff. (a) A landlord shall give prior written notice to a tenant regarding a landlord rule or policy change that is not included in the lease agreement and that will affect any personal property owned by the tenant that is located outside the tenant's dwelling. COMPLIANCE WITH TENANT REQUEST REQUIRED WITHIN REASONABLE TIME. 92.253. 24 Hour Notice Period. 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. 348 (S.B. (d) This section does not apply to locks on closet doors or other interior doors. 1420, Sec. If the property is financed, all tenants must sign for the mortgage. Sept. 1, 1993. The term does not include dates of entry or occupation not authorized by the landlord. 357, Sec. Acts 2019, 86th Leg., R.S., Ch. The written notice must include the customer's contact information and the tenant's remedies under Section 92.301. Acts 1983, 68th Leg., p. 3631, ch. Added by Acts 2019, 86th Leg., R.S., Ch. 92.352. (b) If a tenant files or prosecutes a suit under this subchapter in bad faith, the landlord may recover possession of the dwelling unit and may recover from the tenant a civil penalty of one month's rent plus $500, court costs, and reasonable attorney's fees. Sept. 1, 1997. (d) This section does not affect the obligations or liability of the tenant or the tenant's estate under the lease before the lease is terminated under this section, including the liability of the tenant or the tenant's estate for: (2) damages to the leased premises not caused by normal wear and tear. 1120), Sec. 21.001, eff. Michael Goins / Lake Homes Realty. (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). Added by Acts 2013, 83rd Leg., R.S., Ch. (d) Repairs under this section may be made only if all of the following requirements are met: (1) The landlord has a duty to repair or remedy the condition under Section 92.052, and the duty has not been waived in a written lease by the tenant under Subsection (e) or (f) of Section 92.006. ATTORNEY'S FEES. 1, eff. Amended by Acts 1985, 69th Leg., ch. If the writ is disobeyed, the tenant or the tenant's attorney may file in the court in which the action is pending an affidavit stating the name of the person who has disobeyed the writ and describing the acts or omissions constituting the disobedience. (2) may not terminate or suspend the permit until the date the tenant's right of possession ends. 2, eff. 332, Sec. (c) The acknowledgment required by Subsection (b) must include a statement substantively equivalent to the following: "Signing this acknowledgment indicates that you have had the opportunity to review the landlord's tenant selection criteria. 1205, Sec. Section 27.0025 defines a community garden as a portion of . LEASE WITHOUT SECURITY DEPOSIT; REQUIRED NOTICE. 34, eff. June 19, 2009. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING CERTAIN DECISIONS RELATED TO MILITARY SERVICE. 9, eff. Sec. If a tenant followed the proper procedure and the landlord failed to make the repairs, the tenant may file a lawsuit against the landlord. 1488), Sec. 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. Joint owners are called co-owners or cotenants, and the. (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. 576, Sec. Jan. 1, 1984. (3) included in an attachment to the lease agreement that is signed by the tenant, but only if the attachment is expressly referred to in the lease agreement. 92.001. Aug. 28, 1989. (a) If a landlord has locked a tenant out of leased premises in violation of Section 92.0081, the tenant may recover possession of the premises as provided by this section. Added by Acts 1989, 71st Leg., ch. Jan. 1, 1984. 576, Sec. Redesignated from Property Code Sec. 2, eff. 1414), Sec. Acts 2015, 84th Leg., R.S., Ch. (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. 2, eff. January 1, 2008. Sec. The landlord shall post the hours of operation or availability of the facility in a conspicuous place at the facility. 1414), Sec. (d) The tenant remedies under this section are effective on the date the tenant has notice from the utility company of a future cutoff or notice of an actual cutoff, whichever is sooner. 92.0081. Sec. Non-renewal of the lease after the rental period ends. SUBCHAPTER A. (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. (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. 1, eff. 917 (H.B. (2) United States mail, addressed to the applicant and postmarked on or before the required date. Jan. 1, 1984. (b) If at the time a lease agreement is executed a landlord has vehicle towing or parking rules or policies that apply to the tenant, the landlord shall provide to the tenant a copy of the rules or policies before the lease agreement is executed. (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. A tenant may request that the landlord provide to the tenant a written statement of whether the tenant owes a late fee to the landlord and, if so, the amount of the late fee. 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. (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.". (e) If the requirements of Subsection (d) of this section are met, a tenant may: (1) have the condition repaired or remedied immediately following the tenant's notice of intent to repair if the condition involves sewage or flooding as referred to in Paragraph (A) of Subdivision (3) of Subsection (d) of this section; (2) have the condition repaired or remedied if the condition involves a cessation of potable water as referred to in Paragraph (A) of Subdivision (3) of Subsection (d) of this section and if the landlord has failed to repair or remedy the condition within three days following the tenant's delivery of notice of intent to repair; (3) have the condition repaired or remedied if the condition involves inadequate heat or cooled air as referred to in Paragraph (C) of Subdivision (3) of Subsection (d) of this section and if the landlord has failed to repair the condition within three days after delivery of the tenant's notice of intent to repair; or. Jan. 1, 1984. A joint tenants interest is therefore not freely devisable in a will. (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. Sec. 1112 (H.B. LANDLORD REMEDY FOR TENANT VIOLATION. Sec. DUTY TO REPAIR OR REPLACE. Committed to Public Service. Sept. 1, 1993. (2) failing to correct information given under Section 92.201(b)(1) or (2) or Section 92.201(d) that the landlord knows is incorrect. September 1, 2007. Acts 1983, 68th Leg., p. 3648, ch. Sec. Sec. 92.333 by Acts 1997, 75th Leg., ch. (e) Repealed by Acts 2017, 85th Leg., R.S., Ch. ALTERNATIVE COMPLIANCE. Renumbered from Property Code, Section 92.016 by Acts 2007, 80th Leg., R.S., Ch. (6) the tenant was not delinquent in the payment of rent at the time any notice required by this subsection was given. 92.026. (b) A landlord shall perform additional rekeying or change a security device at the tenant's expense if requested by the tenant. (B) 48 inches from the floor, if installed on or after September 1, 1993. No further notice from the tenant is necessary in order for the tenant to repair or remedy the condition after a reasonable time has elapsed. (b) A tenant may terminate the tenant's rights and obligations under a lease and may vacate the dwelling and avoid liability for future rent and any other sums due under the lease for terminating the lease and vacating the dwelling before the end of the lease term if the tenant complies with Subsection (c). (4) a living unit in an apartment, condominium, cooperative, or townhome project. Landlord LIABILITY and tenant REMEDIES ; notice and TIME for repair 2017, 85th Leg., ch rekeying... 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