Sec. Redesignated from Property Code Sec. 917 (H.B. The landlord shall keep accurate records of all security deposits. (a) This subchapter does not apply to: (1) a room in a hotel, motel, or inn or to similar transient housing; (2) residential housing owned or operated by a public or private college or university accredited by a recognized accrediting agency as defined under Section 61.003, Education Code; (3) residential housing operated by preparatory schools accredited by the Texas Education Agency, a regional accrediting agency, or any accrediting agency recognized by the commissioner of education; or. LANDLORD'S FAILURE TO DISCLOSE INFORMATION. 92.252. Amended by Acts 1993, 73rd Leg., ch. Venue for an action under this chapter is governed by Section 15.0115, Civil Practice and Remedies Code. (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.". (a) If a landlord has installed a 1A10BC residential fire extinguisher as defined by the National Fire Protection Association or other non-rechargeable fire extinguisher in accordance with a local ordinance or other law, the landlord or the landlord's agent shall inspect the fire extinguisher: (1) at the beginning of a tenant's possession; and. 576, Sec. 576, Sec. Amended by Acts 1993, 73rd Leg., ch. 39 (H.B. 92.0132. EVICTION SUITS. 3, eff. 92.1041. (1-a) "Application fee" means a nonrefundable sum of money that is given to the landlord to offset the costs of screening an applicant for acceptance as a tenant. 18 (S.B. September 1, 2011. SUBCHAPTER B. 1448), Sec. Acts 2017, 85th Leg., R.S., Ch. A landlord who issues a parking permit to a tenant: (1) must issue the permit for a term that is coterminous with the tenant's lease term; and. ATTORNEY'S FEES. 1. 1, eff. 257 (H.B. (c) If the landlord retains all or part of a security deposit under this section, the landlord shall give to the tenant the balance of the security deposit, if any, together with a written description and itemized list of all deductions. 744, 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, 1987. (2) 30 days if the landlord's failure to repair is caused by a general shortage of labor or materials for repair following a natural disaster such as a hurricane, tornado, flood, extended freeze, or widespread windstorm. 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). (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. (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. Aug. 28, 1989. Minimum notice for a tenant to request an early termination of lease (typically 30-60 days) Notice must be written and signed by all tenants involved in the termination. (a) The landlord shall inspect and repair a smoke alarm according to this section. (c) A keyed dead bolt or keyless dead bolt, as described by Section 92.151(6)(A), installed in a dwelling on or after September 1, 1993, must have a bolt with a throw of not less than one inch. 48, Sec. 2, eff. 1439, Sec. DEFINITIONS. 4, eff. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. In any litigation under this subsection, the prevailing party shall recover reasonable attorney's fees from the nonprevailing party. LANDLORD 'S FAILURE TO CORRECT INFORMATION. 1, eff. (2) knows or has reason to know that the requirements of the subsection granting the exemption are not fulfilled. Sec. (c) A landlord who violates this section is liable to the tenant for an amount equal to the sum of $100, three times the amount of the late fee collected in violation of this section, and the tenant's reasonable attorney's fees. 8, eff. 12, eff. January 1, 2016. This duty does not exist with respect to damage or a malfunction caused by the tenant, the tenant's family, or the tenant's guests or invitees during the term of the lease or a renewal or extension, except that the landlord has a duty to repair or replace the smoke alarm if the tenant pays in advance the reasonable repair or replacement cost, including labor, materials, taxes, and overhead. Added by Acts 2009, 81st Leg., R.S., Ch. (a) A landlord shall disclose to a tenant, or to any government official or employee acting in an official capacity, according to this subchapter: (1) the name and either a street or post office box address of the holder of record title, according to the deed records in the county clerk's office, of the dwelling rented by the tenant or inquired about by the government official or employee acting in an official capacity; and. (f) Affidavits for delay by a landlord under this section must be submitted in good faith. (c) Repealed by Acts 2009, 81st Leg., R.S., Ch. A landlord and tenant may agree to the provisions of this subsection only if the agreement meets the requirements of Subdivision (4) of Subsection (e) of this section. 1488), Sec. 91.002 by Acts 1987, 70th Leg., ch. Except as otherwise provided by this chapter, in this chapter: (1) "Dwelling" means one or more rooms rented for use as a permanent residence under a single lease to one or more tenants. (e) The landlord is entitled to a hearing on the tenant's sworn complaint for reentry. (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. 324 (S.B. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. Acts 2019, 86th Leg., R.S., Ch. 2, eff. 469 (H.B. 3) You must continue paying rent each month on the first, until a replacement tenant is found and starts paying rent for you. 1, eff. Acts 2009, 81st Leg., R.S., Ch. (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). 1, eff. (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. (2) "Nonsubmetered master metered multifamily property" means an apartment, a leased or owner-occupied condominium, or one or more buildings containing at least 10 dwellings that receive electric utility service or gas utility service that is master metered but not submetered. Section 4001 et seq.). 869, Sec. (f) A tenant's guest or invitee who suffers damage because of a landlord's failure to install, inspect, or repair a smoke alarm as required by this subchapter may recover a judgment against the landlord for the damage. 869, Sec. Acts 1983, 68th Leg., p. 3651, ch. A sheriff or constable may use reasonable force in executing a writ of reentry under this section. The reletting fee (not a "relenting fee") is a sum you pay to the landlord to cover the expenses incurred in reletting your apartment in the event you break your lease and move out before. Jan. 1, 1984. Jan. 1, 1984. 3, eff. 1205, Sec. 92.060. 952, Sec. (2) sign a statement authorizing the landlord in the event of the tenant's death to: (A) grant to the person designated under Subdivision (1) access to the premises at a reasonable time and in the presence of the landlord or the landlord's agent; (B) allow the person designated under Subdivision (1) to remove any of the tenant's property found at the leased premises; and. The landlord shall have the burden of pleading and proving good faith and continued diligence for subsequent affidavits for delay. 234), Sec. (a) Except as provided by Subsection (b), the maximum number of adults that a landlord may allow to occupy a dwelling is three times the number of bedrooms in the dwelling. 409 (H.B. Through social 3, eff. Aug. 28, 1989. (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. (f) A tenant who terminates a lease under Subsection (b) is released from all liability for any delinquent, unpaid rent owed to the landlord by the tenant on the effective date of the lease termination if the lease does not contain language substantially equivalent to the following: "Tenants may have special statutory rights to terminate the lease early in certain situations involving family violence or a military deployment or transfer.". (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. Forfeiture of the right to collect damages and charges from the tenant is the exclusive remedy for the failure to provide the proper notice to the tenant. 1099), Sec. (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. 2, eff. Acts 1983, 68th Leg., p. 3637, ch. Sept. 1, 1997. HARASSMENT. Renumbered from Sec. 14, eff. 8, eff. Understanding the Law Sec. handbook can be located in sections 24, 54, 91 and 92 of the Texas Property Code, which is available in your local law library and online at www.statutes.legis.state.tx.us. Renumbered from Property Code Sec. (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. (3) of the charges for each option described by Subdivision (1) or (2). (3) not entitled to the other repair and deduct remedies under Section 92.0561 or the judicial remedies under Subdivisions (1) and (2) of Subsection (a) of Section 92.0563. 1099), Sec. (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 after the tenant complies with Subsection (c) or (c-1). (3) if the dwelling unit has multiple levels, at least one smoke alarm must be located on each level. 576, Sec. Most leases in Texas are written for initial fixed terms, usually 12 months. 2, eff. A managing agent or an agent to whom rent is regularly paid, whether residing or maintaining an office on-site or off-site, is the agent of the landlord for purposes of notice and other communications required or permitted by this subchapter. (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. 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. (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. 1, eff. Acts 1983, 68th Leg., p. 3631, ch. Jan. 1, 1984. (e-1) A landlord who changes the locks or otherwise prevents a tenant from entering the tenant's individual rental unit may not change the locks or otherwise prevent a tenant from entering a common area of residential rental property. (2) the landlord is required to repair or replace the fire extinguisher within a reasonable time if the tenant pays in advance the reasonable repair or replacement cost, including labor, materials, taxes, and overhead. If a landlord does not comply with a tenant's request regarding rekeying, changing, adding, repairing, or replacing a security device under Section 92.156(b), 92.157, or 92.158 in accordance with the time limits and other requirements of this subchapter, the tenant may: (1) install, repair, change, replace, or rekey the security devices as required by this subchapter and deduct the reasonable cost of material, labor, taxes, and extra keys from the tenant's next rent payment in accordance with Section 92.166; (2) unilaterally terminate the lease without court proceedings; and. 92.205. 332, Sec. Sept. 1, 1997. January 1, 2006. Renumbered from Sec. 1, eff. $3 fee for the first page and $2 for each succeeding page (Texas Local Government Code, Section 118.011). Jan. 1, 1984. 16, eff. Jan. 1, 1996. Sec. 92.054. Renumbered from Property Code Sec. 869, Sec. 92.332. 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. TENANT'S RIGHT TO SUMMON POLICE OR EMERGENCY ASSISTANCE. Sec. 337 (H.B. 13, eff. (C) taping the notice to the inside of the main entry door of the tenant's dwelling. Jan. 1, 1996. Jan. 1, 1984. (a) The landlord is not liable for retaliation under this subchapter if the landlord proves that the action was not made for purposes of retaliation, nor is the landlord liable, unless the action violates a prior court order under Section 92.0563, for: (1) increasing rent under an escalation clause in a written lease for utilities, taxes, or insurance; or. EFFECT ON OTHER RIGHTS. (g) A keyed dead bolt or a doorknob lock is not required to be installed at the landlord's expense on an exterior door if at the time the tenant agrees to lease the dwelling: (1) at least one exterior door usable for normal entry into the dwelling has both a keyed dead bolt and a keyless bolting device, installed in accordance with the height, strike plate, and throw requirements of Section 92.154; and. Added by Acts 1989, 71st Leg., ch. Sept. 1, 1993; Acts 1995, 74th Leg., ch. Sec. Jan. 1, 1984. Sept. 1, 1993. 576, Sec. 7 juin 2022. Code 92.019 (2023).) 48, Sec. Sec. The landlord has a defense to liability under Section 92.164 if: (1) the tenant has not fully paid all rent then due from the tenant on the date the tenant gives a request under Section 92.157(c) or the notice required by Section 92.164; or. Jan. 1, 1996; Acts 1995, 74th Leg., ch. (c) If the date of required notice of acceptance or required refund of an application deposit is a Saturday, Sunday, or state or federal holiday, the required date shall be extended to the end of the next day following the Saturday, Sunday, or holiday. The term does not include dates of entry or occupation not authorized by the landlord. (b) Except as provided by this section, a landlord may not interrupt or cause the interruption of water, wastewater, gas, or electric service furnished to a tenant by the landlord as an incident of the tenancy or by other agreement unless the interruption results from bona fide repairs, construction, or an emergency. (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. (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. (2) a door viewer if the door does not have a door viewer. 177), Sec. The Texas Legislature amended Section 207.003 and set a maximum fee that may [] (3) file suit against the landlord and obtain a judgment for: (C) punitive damages if the tenant suffers actual damages and the landlord's failure to comply is intentional, malicious, or grossly negligent; Sec. (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. June 18, 2005. Written Notice: The clause will specify how much written notice the tenant must give the landlord to end a lease early. (a) A landlord's duty or a tenant's remedy concerning security deposits, security devices, the landlord's disclosure of ownership and management, or utility cutoffs, as provided by Subchapter C, D, E, or G, respectively, may not be waived. 6, eff. (b) A provision of a lease that purports to waive a right or to exempt a landlord from a liability or duty under this section is void. (a) A person other than a tenant who guarantees a lease is liable only for the original lease term except that a person may specify that the person agrees to guarantee a renewal of the lease as provided by Subsection (b). (a) If the landlord is liable to the tenant under Section 92.056(b), the tenant may have the condition repaired or remedied and may deduct the cost from a subsequent rent payment as provided in this section. (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. Added by Acts 2005, 79th Leg., Ch. 1, eff. * Quality assurance program Family owned and operated Realistic estimates 100% satisfaction guaranteed If the justice finds, after considering the evidence at the hearing, that the person has directly or indirectly disobeyed the writ, the justice may commit the person to jail without bail until the person purges himself of the contempt in a manner and form as the justice may direct. (d-1) The notice in Subsection (d)(2) must be in a separate document furnished to the tenant after the landlord has discovered that the tenant has disconnected or damaged the smoke alarm or removed a battery from it. Redesignated from Property Code Sec. (d) Termination of a lease under this section is effective: (1) in the case of a lease that provides for monthly payment of rent, on the 30th day after the first date on which the next rental payment is due after the date on which the notice under Subsection (c)(1) is delivered; or. NONRETALIATION. Sept. 1, 1995. Jan. 1, 1984. Tweet Twitter . Acts 2015, 84th Leg., R.S., Ch. 92.056. Jan. 1, 1984. 2, eff. 1, eff. 869, Sec. This was expected because the tenant kept the property manager well informed throughout the process. One-half of the central plate must overlap the interior surface of the door and the other half of the central plate must overlap the doorjamb when the plate is placed over the doorjamb restraint. 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. 1072 (H.B. 576, Sec. (e) A landlord or landlord's agent who lawfully permits a person described by Subsection (a) to enter or facilitates the person's entry into the leased premises under this section is not liable for an act or omission that arises in connection with permitting or facilitating the entry. Re-letting the property voids the original lease, and releases the original tenant from any continuing obligations. The landlord may satisfy that burden of proof by providing evidence that the landlord: (1) delivered the notice by certified mail, return receipt requested, addressed to the tenant at the tenant's dwelling; or. Amended by Acts 1987, 70th Leg., ch. 92.353. Sec. Sec. (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. 918, Sec. 744, Sec. 869, Sec. RETENTION OF SECURITY DEPOSIT; ACCOUNTING.

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