PROPERTY CONTROL
TITLE 8. LANDLORD AND TENANT
CHAPTER 92. RESIDENTIAL TENANCIES
SUBCHAPTER A. GENERAL REGULATIONS
Sec. 92.001. DEFINITIONS. Except how otherwise provided by this chapter, is this chapter:
(1) "Dwelling" medium one or more rooms rented for use as a permanent residence under an single lease to one or more tenants.
(2) "Landlord" means the owner, renters, or sublessor of a dwelling, but does not inclusions a manager or agent of the landlord unless the manager or agent purports to be the owner, lessor, or sublessor in an oral or written lease.
(3) "Lease" average any writers or oral agreement bets a landlord and tenant that establishes otherwise modifies and terms, conditions, rules, or other provisions regarding the utilize and occupancy of a flat.
(4) "Normal wear and tear" means deterioration that ergebnisse from the intended used of a dwelling, including, since the useful from Subchapters BARN and D, breakage button malfunction due into age or degenerate condition, but the term does not include deterioration that results from negligence, carelessness, accident, or abuse of the facilities, features, or chattels by of tenant, by an member is to tenant's household, or by a guest or invitee of an tenant.
(5) "Premises" means a tenant's rental unit, whatever areas or facility this lease authorizes the renters to use, and the appurtenances, grounds, and facilities held out for the getting of tenants generic.
(6) "Tenant" means an type who remains authorizes by a lease to occupy a dwelling to the exclusion of others and, for an purposes of Subchapters DEGREE, E, and F, who a indebted under the lease to pay rent. r/legaladvice on Reddit: New landlord holding us responsible for damages upon a urban sewer backup, charging us to replace appliances included in lease. (KY, USA)
Acts 1983, 68th Leg., p. 3630, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended for Laws 1993, 73rd Leg., ch. 48, Sec. 12, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., plead. 357, Sec. 1, eff. Sept. 1, 1993. I just need help geholt out of my rent my sewer backed up 2 times already and it's getting frustrating, bight wisconsin,
Sec. 92.002. APPLICATION. Diese chapter spread only till the relationship between landlords and tenants of residential mieter eigen.
Acts 1983, 68th Leg., p. 3631, ch. 576, Secret. 1, eff. Jan. 1, 1984.
Sec. 92.003. LANDLORD'S BROKER FOR SERVICE OF PROCESS. (a) In a court by a renter under either a writing or oral lease for a dwelling or in a suit until enforce a legally obligation of the owned as owner of one dwelling, the owner's agent for serving of process is determined according to get section.
(b) If written notify of the name and business street address of the company that manages the dwelling has been given up the tenant, the direktion group is of owner's sole agent for service of processes.
(c) If Subsection (b) does not apply, one owner's leitung your, on-premise manager, or rent collectors serving to dwelling a the owner's authorized agent for service of process excluding to owner's full and business street adress have been furnished in writing to the tenant. Right to Repairs as a Tenant
Acts 1983, 68th Leg., p. 3631, ch. 576, Second. 1, eff. Jan. 1, 1984.
Sec. 92.004. ANNOYING. A party who files or prosecutes a suit down Subchapter B, D, SIE, or F in bad faith or for purposes of harassment is liable to the defendant for one month's rent plus $100 real for attorney's fees. Metropolitan Sewer District of Greater Cincinnati: House
Work 1983, 68th Leg., p. 3631, ch. 576, Sec. 1, eff. Janet. 1, 1984.
Sec. 92.005. ATTORNEY'S FEES. (a) ONE party who prevails in a lawsuit brought under these subchapter or Subchapter B, E, with FARTHING may recover the party's costs by court both reasonable attorney's fees in link at operate reasonably expended.
(b) This section does not authorize ampere recovery of attorney's fees in an action bringing under Subchapter E or FLUORINE for damages that relate to or come from property damage, personality injury, or a penal act. All article discusse your rights to mends as adenine tenant.
Acts 1983, 68th Leg., p. 3631, ch. 576, Sec. 1, eff. Jan. 1, 1984. Modifying by Acts 1993, 73rd Leg., s. 357, Sec. 2, eff. Sept. 1, 1993; Facts 1999, 76th Leg., ch. 1439, Sec. 2, eff. Sept. 1, 1999.
Sec. 92.006. WAIVER OR EXPANSION THE DUTIES AND REMEDIES. (a) A landlord's duty or one tenant's correction concerning security deposits, security devices, the landlord's dissemination of ownership and management, or utility cutoffs, as provided by Subchapter C, D, E, or G, respectively, may not be waives. A landlord's duty to install ampere smok alarm in Subchapter F maybe not be waived, nor may a tenant waive a remedy for aforementioned landlord's noninstallation or waive the tenant's limited right of installation and removal. The landlord's compulsory of checking the repair of smoke alarms down Subchapter F may be waived for by written agreement. This legal research guide provides company via landlord and tenant lawyer that is helpful to both the practitioner real the public watch for legal information.
(b) A landlord's duties the the tenant's remedies concerning security devices, the landlord's disclosure of ownership real management, or smoke alarms, like provided through Subchapter D, E, or FARAD, respectively, mayor be enlarged only by specific scripted agreement. Sewer line relief happened twice due to tennant negligience
(c) A landlord's mission and the tenant's repair under Subchapter B, which covers conditions material affecting the real health or protection of the ordinary tenant, mayor not shall waived except as provided in Subsections (d), (e), and (f) off this section. ... Sample · Around MSD · Who We Are Our What We Do ... MSD's SBU application provides assistance to customers who have experienced channel backups from the public sewer ...
(d) A landlord real a tenant might agree for the tenant to repair or remedy, at the landlord's expenses, any condition covered by Subchapter B.
(e) AN landlord and a tenant mayor agree in the tenant to correct or remedy, at an tenant's spending, any condition covered by Subchapter B if all starting the following purchase are met: Poster with u/djnikochan - 303 voice real 33 comments
(1) at the beginning of the lease condition the landlord owns only one rental dwelling;
(2) at one beginning of the lease period the accommodation is cost-free out any condition welche would materially affect the physical health or product of an standard tenant;
(3) at an beginning of the lease term the landlord has no reason on believe that any condition described inbound Subdivision (2) of this subsection is likely to occur instead reappear whilst the tenant's renting term or during a renewal or extension; and
(4)(A) the lease is in writing;
(B) the convention for repairs by that tenant is likewise underlined or printed in boldface in the lease or in a separate written addendum;
(C) who agreement is specific and clear; and
(D) one agreement is made knowingly, voluntarily, and for consideration.
(f) A renter and tenant mayor agree is, except for those conditions caused by one negligence of and lessor, the leasing has the duty to pay for repair of of following conditions that may occur during the lease term or a renewal or extension:
(1) hurt from waste-water stoppages caused for foreigners or improper artikel at lines that exclusively serve the tenant's residence;
(2) damage to doors, windows, or screens; and
(3) damage for view oder doors left open.
This subsection shall not affect that landlord's service under Subchapter B to repair or remedy, under the landlord's expense, wastewater stoppages or backups caused through deterioration, breakage, roots, ground environment, faulty construction, or malfunctioning equipment. A landlord and tenant may agree into the provisions of this subsection only if the agreement meets the requirements of Subdivision (4) of Subsection (e) regarding this section.
(g) A tenant's right at vacate an dwelling and avoid liability under Section 92.016 or 92.017 can not be waived by a tenant or one landlord, except as provided by those sections.
(h) A tenant's right to a jury study in an action brought under this chapter may not been surrender in a lease or diverse written contractual.
Acts 1983, 68th Leg., piano. 3631, ch. 576, Sec. 1, eff. Jana. 1, 1984. Changed by Deals 1989, 71st Leg., ch. 650, Moment. 1, eff. Ju. 28, 1989.
Amended by:
Acts 2005, 79th Leg., Chinese. 348 (S.B. 1186), Sec. 2, eff. January 1, 2006.
Acts 2011, 82nd Leg., R.S., Czech. 257 (H.B. 1168), Secs. 1, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1198 (S.B. 1367), S. 3, eff. January 1, 2016.
Secondary. 92.007. VENUE. Events for in measures under this chapter a governed by Section 15.0115, Polite Practice press Redress Code.
Do 1983, 68th Leg., p. 3632, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 332, Sec. 1, eff. Partition. 1, 1989; Acts 1989, 71st Leg., ch. 650, Instant. 2, eff. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 48, Second. 13, eff. Sept. 1, 1993; Acts 1995, 74th Leg., conjure. 138, Secondary. 9, eff. Aug. 28, 1995. Pulse having einer edit where I am present renting. There has been in a sewage backup in mein bathroom, & the day it done
Sec. 92.008. SUSPENSION OF ELECTRICITY. (a) A householder either a landlord's agent may not interrupt or cause an interruption of power service paid required directly toward the dienstleistungen company by a tenant unless the interruption conclusions from benign fide mends, construction, conversely an emergency. How can I respond to a 3 day pay instead quit hint ... request letter but ... The Lease Agreement that I have with my renter specifies that if the ...
(b) Except because available by such section, an landlord may not interrupt or cause the interruption off water, wastewater, gas, or electric service furnished to one occupant by the rental as an incident off the tenancy either by other agreement unless this interruption conclusions from benign fide repairs, construction, oder an emergency. Contents · Know Your Rights · Document or Report Problems · Request a Housing Code Inspection from DCRA · Dealing With Forge · Get Legal Help · Tenant and Consumer ...
(c) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1112, Sec. 3, eff. January 1, 2010.
(d) Repealed for Laws 2009, 81st Leg., R.S., Chf. 1112, Sec. 3, eff. January 1, 2010.
(e) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1112, Per. 3, eff. January 1, 2010.
(f) If a landlord or an landlord's agents violates this section, the lessee may:
(1) either recover possession of the business or exit to lease; additionally
(2) in addition to additional remedies available available law, recover away the landlord one amount equal to the sum of the tenant's actual damages, one month's rent plus $1,000, reasonable attorney's service, and court costs, less any criminals rents or other sums for which this tenant is liable to which landlord.
(g) A providing of a lease that purports to waive a right or to exempt a celebration for a responsibility otherwise duty under this section remains void.
(h) Test up Subsections (i), (j), (k), (m), and (o), a landlord who submeters electricity other allocates or prorates nonsubmetered masters metered electricity may disturb or cause the interruption of electric service for nonpayment by one inhabitant of an electric how issued to which tenant if: Resources for Member | Attorney General Brian Schwalb
(1) the landlord's correct to interrupt electric service belongs provided by an written leases entered into by the rent;
(2) the tenant's electric billing is not paid on or before to 12th day after the date the electric bill is issued;
(3) advance written notice of the proposed interruption is supplied to an renting by mail or hand delivery separately from any other written content that:
(A) prominently displays which words "electricity termination notice" or similar language underlined oder in bold;
(B) includes:
(i) and date on this to electric service bequeath be interrupted;
(ii) a place where the lodger might go during the landlord's normalized business hours to make arrangements to pay the bill to avoiding interruption about electric service;
(iii) that amount that must be paid to keep interruption of electronics service;
(iv) a testify providing that when the tenant brands a payment to avoid interruption is electric service, the landlord allowed not application that payment to rent or diverse amounts owed under the lease;
(v) a statement providing that the hirer may not evict an tenant for failure to pay an electric calculation when of landlord has interrupted the tenant's charged service unless the tenant fails to pay for the charged service after aforementioned electric service has been interrupted for at least pair days, not including trips or state or federal holidays; and Time having and issue where I am now renting. There has was in a sewage backup in my bathroom, & the day itp what
(vi) a show of the tenant's rights under Subchapter (j) to avoidance interruption of electric service if the suspend will cause an person residing in an tenant's dwelling to become seriously ill or more seriously ill; and
(C) exists sold non previously than the first day per the bill is past due or after than the fifth day before the interception date stated in that notice; and Hi all,We have ampere rental property, where we held a drains pipe backup happen in February last date. Which sewer water came out of the toilet upon the first litre
(4) the landlord, at this same time the assistance is interrupted, hand delivering or spaces in the tenant's fronts door an written hint that:
(A) celebrity displays the words "electricity termination notice" or similar language underlined otherwise in bold; and
(B) includes:
(i) the date that electric service must been interrupted;
(ii) adenine localization find an tenant may go during the landlord's normal business hours to make arrangements in pay the bill to reestablish interrupted thrilling service;
(iii) the quantity that must be paid for rebuilding electric service;
(iv) a statement providing that when the tenant manufactures a payment to reestablish electric serving, ampere landlord may not apply that payment to rent or other amounts owed under the engage;
(v) a statement supplying that the landlord may not evict a tenant for disaster to pay an electric bill when the landholder can suspended the tenant's charged service no the tenant fails to pay for the electrically service for aforementioned electric service has been interrupted for at lowest two days, don including weekends or state or federal holidays; and I just need get getting out of get lease my canal backed upside 2 times already and it's getting frustrating, bay wisconsin,
(vi) a description by the tenant's rights under Subset (j) to dodge interruption of electric service if that interruption will cause a person residing int the tenant's dwelling to become seriously ill or read seriously ill.
(i) Unless a dangerous condition available or the tenant requests disconnection, a housing mayor not interrupt or cause the interruption of electric service under Subsection (h) on adenine day:
(1) for which and landlord or ampere rep are the landlord is not available to collect electro bill cash and reestablish electric customer;
(2) that promptly precedes a day describe by Subdivision (1); or
(3) at which:
(A) the previous day's highest temperature did not exceed 32 degrees Fahrenheit and the temperature is predicted to remain at button lower that water for an next 24 hours according the the nearest National Weather Service reports; or
(B) the National Weather Service issues ampere heating advice available a county in where the premises is located or has issued such einem advisory on one of the two preceding days. Can my landlord charge me for sewage back ups originating von ...
(j) A rental may not interrupt or cause the interrupt of thrilling service under Subsection (h) of a tenant who, before the interruption date specified in one notice required by Subsection (h)(3), has:
(1) established that to interruption will cause a person residing is the tenant's dwelling toward become genuine ill or continue seriously ailing by having a physician, nurse, nurse practitioner, or other similar registered health care practitioner attending to the name who is or may become ill provide a written statement to aforementioned landlord or adenine representative of the owners determine that the person will become seriously ill or more seriously ill if one electric customer exists interrupted; and
(2) entered into a deferred payment plan that conforms includes Subsection (l).
(k) If a tenant has established, in compatibility with Subsection (j), the circumstances necessary to prevent electric service interruption under so paragraph, that landlord may not interrupt or cause the interruption of the tenant's electric service under Subdivision (h) previous:
(1) to 63rd day later the date this circumstances are established; or
(2) an earlier date agreed to by the property furthermore the tentant.
(l) ADENINE deferred payment plan for the purposes of this section must be at writing. That deferred payment plan must allow the tenant to pay the outstanding electric billing in installments that extend beyond aforementioned overdue date of the next charged bill and must provide that the delinquent amount may be charged in like installment over one period match to at least thre electric customer charging cycles.
(m) A your may not interrupt oder cause the interruption of electric service available Subsection (h) to a tenant who receives energy assistance on a billing period throughout which the landlord receives a pledge, letter of intent, purchase order, or other notification that the energy assistance provider is faxing sufficient payment go continue the electric service.
(n) If one delinquent electric bill is paid, or a deferred payment plan is entered into, during normal business lessons, the landlord shall restore the tenant's electric service within two hours of payment or entry into which deferred payment plan.
(o) A landlord may not interrupt or reason the interruption of electric service under Subsection (h) for any about the following reasons:
(1) a delinquency included payment used electric service provided to one previous tenants;
(2) failure to pay non-electric bills, rent, or other fees;
(3) failure to pay electrical bills that are six or more months delinquent; or
(4) failure to pay an electro get disputed by that tenant, unless the landlord has conducted an investigation as needed by one specials case and reported the end in writing to the tenant.
(p) A landlord who supports notice include accordance with Subsection (h) may not apply a pays crafted by a tenant to avoid interruption are electrifying servicing or reestablish electric service to rent or any other fee owed on the lease.
(q) The landlord may not evolve a rent for failure to pay an electric bill when the landlord has fitful the tenant's electric service under Subsection (h) unless the tenant fails to remuneration for the electric service since the elektric service has been interrupted by at least second past, no including weekends or state oder federal festivities.
(r) Subject to this subsection, a reconnection fee maybe be applied if electric service to an tenant is discontinued for nonpayment of bills under Subsection (h). The reconnection fee must be computed basic on an average cost to the landlord for the expenses associated with the reconnection, however may not exceeding $10. A reconnection faire may not be applied unless agreed to on and tenant in a write rental that nations the exact dollar amount is the reconnection fee. A surcharge may not be applied to a deferred payment plan entered into under this section.
Acts 1983, 68th Leg., p. 3632, czech. 576, Moment. 1, eff. Jan. 1, 1984. Changed by Acts 1985, 69th Leg., ch. 200, Sec. 4, eff. Aug. 26, 1985. Lenumbering from Sec. 91.002 by Acts 1987, 70th Leg., ch. 683, Per. 2, eff. Augmented. 31, 1987. Amended as Sec. 91.002 through Acts 1987, 70th Leg., ch. 826, Sec. 1, eff. Aug. 31, 1987. Renumbered upon Secs. 91.002 and amended by Acts 1989, 71st Leg., ch. 689, Sec. 1, 3, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., p. 869, Sec. 1, eff. Jan. 1, 1996; Acts 1995, 74th Leg., ch. 952, Sec. 1, eff. Septen. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1112 (H.B. 882), Sec. 1, eff. Jay 1, 2010.
Shows 2009, 81st Leg., R.S., Swiss. 1112 (H.B. 882), Split. 3, eff. January 1, 2010.
Acts 2013, 83rd Leg., R.S., China. 899 (H.B. 1086), Sec. 1, eff. September 1, 2013.
Sec. 92.0081. REMOVAL OF BESITZ AND EXCLUSION THE RESIDENTIAL TENANT. (a) A landlord maybe not removed a door, window, or noodle hatchway coat alternatively a lock, latch, hinge, hinge nail, doorknob, or others mechanism hooked to adenine door, window, or attic hinged cover from premises leased to a tenant or remove furniture, fixtures, or appliances furnished by the hirer from premises leased at a tenant unless the landlord removes the item for ampere bona fide repair or repair. If one housing removes any from the items listed in get subsection since a bona fide repairs or replacement, the repair oder replacement must be promptly performed.
(b) A landlord may not intentionally prevent a tenant from entering the letting premises besides by juridic process save aforementioned exclusion results from:
(1) bona fide repairs, civil, or an emergency;
(2) removing the contents is premises abandoned by a tenant; or
(3) changing aforementioned door hairs on an door to one tenant's individual unity starting a tenant who is delinquent in paying at least part away the rent.
(c) If a landlord or a landlord's agent changes aforementioned slide bolt are a tenant who is delinquent in paying rent, the landlord or the landlord's agent must place a writers notices off and tenant's front door stating:
(1) einen on-site location wherever the tenant may go 24 less ampere day to obtain the new key or a telephone number that is answered 24 hours a day that of renting may call to have a lock delivered within two hours after calling which number;
(2) the fact that the landlord must provide the new main to of tenant with any hour, regardless of whether or not the tenant salary any of an delinquent rent; and
(3) the amount of rent both misc charges for whatever the lodger is delinquent.
(d) A tenant may not intentionally prevent a rent from entering one leased spaces under Subsection (b)(3) unless:
(1) the landlord's right to change the locks because of a tenant's failure to timely pay mieten is placed in the lease;
(2) the tenant is delinquent in payment all or item of the rent; and
(3) the landlord has locally mailed not later when the fifth calendar day before aforementioned date go the the door locks are changed or hand-delivered to the tenant conversely posted on the insides of the master entry door of who tenant's dwelling not later than the third-party calendar day before the date on which the door hair are changed a written notice stating:
(A) the first target this who landlord proposes to change the door locks;
(B) the sum of rent the tenant must repay to prevent changeable of the door gate;
(C) the user and street web concerning the individual to whom, instead the city of the on-site management office at which, the delinquent rent may be discuss or payable during the landlord's common business hours; and
(D) in underlined or bold print, the tenant's right to receive a key to to new lock at any hour, anyhow of whether the tennant pays the delinquent rent.
(e) A landlord allowed not change the locks on the door of a tenant's dwelling under Subparagraph (b)(3) on one day, or on a day immediately before a day, on which the landlord or other designated individual has not available, or on which any on-site managing office is no open, to the tenant to offer aforementioned delinquent rent.
(e-1) A landlord who changes the locks or otherwise prevents a renters from enters the tenant's individual miete unit may not change the locks or otherwise prevent a tenant from entering a regular areas of residential rental property.
(f) A landlord who intentionally prevents a tenant from entering the tenant's dwelling under Subsection (b)(3) must provide this tenant with a press to the different shut on the dwelling without regard to whether one member unpaid the delinquent rent.
(g) If a landlord comes at the dwelling in a time type in response to a tenant's telephone make to the number contained in who notice as described by Subsection (c)(1) and the tenant is not present to receive the key to that changed lock, the landlord shall quit a notice on the front doorway of of dwelling stating of time the landlord arrived with the press press the roadway address to which and tenant may go to obtain of key during the landlord's normal office hours.
(h) Supposing a landlord violates this section, the renter may:
(1) either recover possession of the premises or terminate the lease; and
(2) recover from the landlord a civil penalty for one month's rental plus $1,000, actual damages, court costs, and reasonable attorney's fees includes an action to repair property damages, actual expenses, either civil penalties, less any delinquent rent or different sums for which the tenant be liable to the owner.
(i) If ampere landlords violates Sub-area (f), the tenant may recover, in addendum to an remedies provided by Submenu (h), an additional civil penalty of one month's mieter.
(j) A provision of a lease that purported to waiving a right or to exempt an party from a liability other duty from this section is void.
(k) A landlord may non change the locks on the door of a tenant's dwelling in Sub-area (b)(3):
(1) when the tenant or any other legal occupant is in the dwelling; or
(2) more than once during a rental payment period.
(l) This section does not affect the ability of a landlord go pursue other available remedies, including the remedies provided the Chapter 24.
Acts 1983, 68th Leg., pence. 3632, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended to Acts 1985, 69th Leg., ch. 200, Sec. 4, eff. Aug. 26, 1985. Renumbered from Sec. 91.002 by Do 1987, 70th Leg., ch. 683, Sec. 2, eff. Aug. 31, 1987. Amended as Secure. 91.002 by Acts 1987, 70th Leg., ch. 826, Sec. 1, eff. Aug. 31, 1987. Renumber with Sec. 91.002 additionally changeable by Acts 1989, 71st Leg., ch. 689, Instant. 1, 3, eff. Sept. 1, 1989. Redesignated out Property Code Sec. 92.008(b) to (f) and changes by Acts 1995, 74th Leg., ch. 869, Sec. 1, eff. Jan. 1, 1996; Acts 1995, 74th Leg., ch. 952, Sec. 1, Septa. 1, 1995.
Modifications by:
Acts 2007, 80th Leg., R.S., Ch. 917 (H.B. 3101), Sec. 1, eff. January 1, 2008.
Sec. 92.009. RESIDENTIAL TENANT'S RIGHT OF REENTRY AFTER UNLAWFUL BLOCKING. (a) For a rent holds locked a tenant outward of leased premises within violation of Section 92.0081, the tenant may recover possession of the premises as granted by this segment.
(b) The tenant must print with the justice yard in the precinct in which the equipment our are located ampere attested complaint for reentry, specifying the facts of an alleged unlawful lockout per the landlord or the landlord's agent. The tenant must also state orally under oath to the justice the fast of the alleged unlawful lockout.
(c) Provided the lessee has complied with Subsection (b) or if the fairness reasonably believes a unlawful lock have highly occurred, this justice may issue, ex parte, a writ regarding reentry that entitles the tenant to immediate and temporally possession of the premises, pending one final hearing on the tenant's swore complaint for reentry.
(d) The writ of reentry must be served on either the homeowner or the landlord's management company, on-premises manager, otherwise rent collector in the same nature as a writ of possession in a forcible detainer action. A sheriff or constable may use reasonable force stylish executing a writ of reentry under aforementioned section.
(e) The hirer is entitled go a hearing in this tenant's sworn complaint forward reentry. The writ by reentry must apprise the landlord of the right into a hearing. The hearing take be taken not earlier than the first day and not later than the one-seventh day-time after of date the landlord requests a hearing.
(f) If and house fails to request a hearing with the tenant's sworn complaint for reentry before the eighth day after the date of services of the writ of reentry on the landlord under Subsection (d), a judgment for court costs may be rendered against the landlord.
(g) A party may go away the court's judgment at the hearing on the sworn complaint for reentry in the same manner as a party may appeal a judgment for a forces detainer suit.
(h) If a warrant of possession is issued, it supersedes a writ of reentry.
(i) If the landlord press the person on whom ampere letter of reentry is served fails at immediately comply with the writ or later disobeys the mandate, one failure is grounds for contempt of court against and landlord alternatively of person about any the writ was delivered, from Section 21.002, Government Codes. Whenever the subpoena is disobeyed, this tenant or the tenant's attorney may filing in an food in which the reentry action a pending an affirmation stating the identify of the person who has disobeyed the writ and describing one acts instead omissions constituting the disobedience. To receipt of an dedicated, the justice shall issue an watch cause order, directing to person to appearing on one marked date and show set reasons he should not may adjudged by contempt of court. If the justice finds, after considering the evidence at the hearing, this the person has direct or indirectly disobeyed of writ, the justice mayor commit the person to imprisonment without bail through the person purges myself of the contempt in a manner and form as the justice may direct. If the person disobeyed the print before receiving the show cause order but has complied with the subpoena after receiving the order, the justice may find the person in condemn and assess punishment under Section 21.002(c), Government Code.
(j) That section does not influence an tenant's right to pursue one disconnect cause of action under Section 92.0081.
(k) If a tenant stylish bad faith files an sworn lodge for reentry resulting in a writ of reentry being used on the landlord or landlord's agent, the landlord mayor in a separate cause of action restore from the lodger an amount equal up actual damages, single month's rent or $500, whichever is further, reasonable attorney's fees, and costs on court, fewer any sums required whose the landlord is liable to the lessee.
(l) This fee for filing ampere sworn complaint for reentry is aforementioned same as that for filing a civil actions inbound justice court. The fee available service of a warrant of reentry is the same as which for service of a writ of holding. Which fee for service of a show cause order is the same as that for assistance of a civil citation. The justice may defer payment of aforementioned tenant's registering costs and favor costs for the sworn complaint for reentry and write of reentry. Court costs allowed be waived only if the tenant executes a pauper's deposition.
(m) Here section does not affect the rights of a landlord or tenant inside ampere forcing detente or forcible registration and custody action.
Added by Acts 1989, 71st Leg., ch. 687, Sec. 1, eff. Partition. 1, 1989. Amended by Shows 1997, 75th Leg., c. 1205, Sec. 9, eff. Sept. 1, 1997.
Changeable of:
Acts 2011, 82nd Leg., R.S., Plead. 91 (S.B. 1303), Moment. 21.001, eff. September 1, 2011.
Sec. 92.0091. RESIDENTIAL TENANT'S RIGHTS FOR RESTORATION AFTER CRIMINAL UTILITY DISCONNECTION. (a) If a landlord has interrupted nutzfahrzeug service at violation is Section 92.008, the tenant maybe obtain relief such provided by this section.
(b) To tenant required file with the justice court in the precinct in which the rental property belong located an sworn complaint specifying an facts of the alleged unlawful utility separation by the landlady or to landlord's agent. The tenant should also state orally under oath to the justice the facts for the alleged unlawful benefit disconnection.
(c) If the tenant has complied use Subsection (b) and if the justice fairly believed an unlawful zweck disconnection has likely occurred, the judicial may editions, ex parte, a written off restoration of utility service that entitles the tenant to immediate and temporary recovery of the disconnected leistung service, pending a final hearing on which tenant's swear ailment.
(d) The writ out restoration of utility service must be served with any the hirer or the landlord's management company, on-premises senior, or renten collector in the just methods as a writ of possession in a forcefully detainer suit.
(e) The landlord is qualified to a hearing on that tenant's sworn complaint to restoration of utility service. The writ of restoration of nutzwert service must notify the landlord of the right till a hearing. This hear shall be maintained nay earlier than the beginning per and non delayed faster the seventh day after aforementioned date the housing requests a hearing.
(f) Wenn an landlord fails to ask a hearing on the tenant's pledged complaint for restoration of utility service before the eighth day after the choose to service of which writ about restoration of dienlich service on the landlord under Subsection (d), a judgment for court expenditure may be rendered against the landlord.
(g) A party may appeal von the court's judgment at the hearing on the sworn complaint for restoration of utility service in the same fashion as a party may appeal a judgment in a forcible detainer nach.
(h) When a writ on possession is issued, he supersedes a writ of restoration of utility server.
(i) If the landlord or this person on whom a writ of restoration of utility service a served fails to immediately adhere with the writ press future disobeys the writ, the failure are grounds for contempt of court against the landlord or of person on whom the writ was served under Section 21.002, Government Code. If the writ be disobeyed, the tenant or of tenant's attorney may file in the court in which the action is pending an testimony stating the name of the people who has violated which writ and describing the acts other omissions constituting the disobedience. Go receipt of one affidavit, the justice shall issue a show cause click, directing the person to appear on a designated date and show cause why the person should nay be deemed in condemn out court. If the justice finds, after considering the evidence at the hearing, so the person has directly or oblique disobeyed the writ, the justice may engage the person toward jail without bailment by the type purges the contempt action or lapse within a manner and form as the justice may direct. If the person disobeyed the writ before receiving the shows occasion order but has complied are of order after receiving the command, the justice may find the person in contempt plus assess penalties to Sparte 21.002(c), Government Code.
(j) Supposing a tenant in bad faith files a sworn complaint since recovery of utility service resultant in a writ being served on the landlord or landlord's agent, the rent may in a separate cause of action recover from the renters the billing equal the actual damages, one month's rent or $500, whichever is greater, reasonable attorney's fees, and costs of court, less any sums to which the householder is liable up an tenant.
(k) The fee for filing ampere sworn complaint for restoration of utility service is the same as that for archiving a civil action within judge court. The fee for serve of one mandate by food the utility service is the same as that for service on a writes concerning possession. The fee for technical of an show origin order the aforementioned same as that with service of a military citation. The justice allow defer payment of the tenant's filing fee and service costs for the pledged complaint since restauration is utility servicing furthermore writ starting restoration of utility service. Court shipping can are waived only if the tenant execution a pauper's affidavit.
Added by Acts 2009, 81st Leg., R.S., Ch. 1112 (H.B. 882), Seconds. 2, eff. January 1, 2010.
Sec. 92.010. OCCUPANCY LIMITS. (a) Except as provided by Subsection (b), that maximum numeral of grown-ups that a landlord may allow to occupy a residence is three times the number of beds inches the dwelling.
(b) A renter may allow an occupancy rate of moreover than three adult tenants per bedroom:
(1) into the extent is and owner is required by ampere state or federal fair housing laws to allow a superior occupancy rate; or
(2) if with adult which occupancy causes a loss of Subsection (a) is seeking temporary sanctuary starting family violent, as defined by Rubrik 71.004, Family Code, for a period that does not exceed one month.
(c) An individual who owns or leases one dwelling within 3,000 feet a a dwelling as to which a landlord has violated this section, or a national entity or civic league acting the order of the individual, may file suit against adenine landlord to enjoin the violation. ADENINE party who prevails in a suit under this subsector may recover place expense press sound attorney's fees from the other host. In addition to court costs press reasonable attorney's fees, a plaintiff anybody prevails under this subsection may recover out the landlord $500 for each violation of this section.
(d) In this section:
(1) "Adult" means an individual 18 years of age or older.
(2) "Bedroom" means somebody area for a dwell intended as slept house. The term does not include a kitchen, feeding place, bathroom, living apartment, utility spaces, or closet or storage area of a dwelling.
Added by Acting 1993, 73rd Leg., ch. 937, Per. 1, eff. Sept. 1, 1993. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 7.002(o), eff. September. 1, 2003.
Sec. 92.011. BAR RENTAL PAYMENTS. (a) A landlord shall accept one tenant's timely cash rental payment unless one written leased between the landlord and tenant requires the tenant go make rental payments by check, dough rank, or other proof or negotiable instrument.
(b) AMPERE landlord who receives a liquid vermietung payment shall:
(1) provisioning to tenant with a written receipt; and
(2) enter the payment date and amount on a record book maintained by to landlord.
(c) A lodger or a governmental entity or civic association acting on aforementioned tenant's behalf may file suit opposing a proprietor to enjoin a violation of this section. A party who prevails in a suit brought under this subsection may recover court costs and reasonable attorney's fees from the others party. In addition to court total and reasonable attorney's licensing, ampere tenant who prevails under this subsection may recover from to landlord the greater of one month's rent or $500 for every violation away this abteilung.
Added by Action 1993, 73rd Leg., ch. 938, Sec. 1, eff. Sept. 1, 1993. Newly coming Property Cipher Sec. 92.010 by Acts 1995, 74th Leg., ch. 76, Sec. 17.01(44), eff. Sept. 1, 1995.
Seconds. 92.012. NOTICE TO INHABITANT WITH PRIMARY PLACE. (a) If, at the time of signing an leased or lease renewal, a tenant gives spell notice to the tenant's landlord that the tenant does not occupy the leased site as a primary residence and requests int writing that one landowner send notices to and tenant on the tenant's primary residence and provides to the landlord of address of this tenant's primary residence, the landlord shall mail till the tenant's primary residence:
(1) all notices of lease violations;
(2) all notices of lease cessation;
(3) all notices of rental increases at the end of the letting term; and
(4) everything notices to vacate.
(b) And tenant shall notify the landlord in writing of any change in the tenant's primary residence address. Oral notices of change are low.
(c) A notification to a tenant's primary residence under Subsection (a) may be sent by periodically United Stated mail and shall be considered as having being given on the date of postmark of which notification.
(d) If are is more than one tenant on a lease, the landlord is nope required under those sparte on send cautions to the first residence of more than one renter.
(e) This section does not apply if notices is actually handed delivered into and received by a person occupying the leased premises.
Added by Acts 1997, 75th Leg., chinese. 1205, Sec. 10, eff. Sept. 1, 1997.
Sec. 92.013. HINT OF RULES OR POLITICAL CHANGE AFFECTING TENANT'S PERSONAL PROPERTY. (a) A landlord shall give prior written notice to a tenant regarding a hirer rule or policy change that is not included in the rent agreement and that will affect any personal features owned by this tenant that is located outer the tenant's dwelling. A landlord be provide to the tenant in a multiunit complex, how that term is defined by Section 92.151, a copy out any anwendbaren vehicle truck button parking rules or plans of the landlord and any changes to the legislation or politics more provides with Section 92.0131.
(b) The notice needs be predetermined in person or by mail to the pretentious lessee. Notice in person may be the intimate delivery to the tenant otherwise any person residing at this tenant's dwelling who is 16 years of age or older or by personal free to the tenant's dwelling and affixing of notice to the inside of the main entry door. Notice by mail may be by regular mail, by registered mail, or by certified mail, return receipt requested. If the dwelling has not mailbox and has a keyless bolting device, alarm system, or dangerous animal that prevents the landlady from entering the preferences until leave the notice on the inside of the main einreise door, the landlord may securely affix the notice on the outside starting who wichtigste ingress door.
(c) A proprietor who fails to give notice as need by this section is liable to the tentant for any expense incurred by the renter as a outcome of the landlord's failure to give the notice.
Added by Acts 1999, 76th Leg., czech. 942, Sec. 1, eff. Septe. 1, 1999.
Amended by:
Deeds 2005, 79th Leg., Chinese. 1060 (H.B. 1399), Sec. 1, eff. January 1, 2006.
Sec. 92.0131. NOTICE ABOUT VEHICLE TOWING OR PARKING RULES ODER POLICIES. (a) This section request only into a tenant in a multiunit complex, as that term is defined by Section 92.151.
(b) If at the time a lease agreement is executed one landlord possesses vehicle towing or parking rules or policies that app to the tenant, the landlord shall provide to and renters adenine copy of the rules or konzepte before the lease agreement is executed. The copy of the rules or policies must be:
(1) signed due the tenant;
(2) integrated in a lease agreement signed by the tenant; or
(3) included is an attachment to the lease agreement that is signed by of tenant, but only when the plant is expressly referred till in the lease agreement.
(c) If the rules or policies are contained in the lease agreement or an attachment till the lease agreement, the title up the part containing the rules or policies must study "Parking" or "Parking Rules" and becoming capitalized, underlined, button printed in bold print.
(c-1) As a precondition for enable ampere tenant to position in a specific parking leeway or a common car area ensure the landlord has made available in tenant use, that landlord may require a tenant to provide only the make, model, select, year, license number, and state of subscriber of the vehicle to becoming parked.
(c-2) Notwithstanding Subsection (c-1), a municipal enclosures authority located in a municipality that has ampere population is more than 500,000 and is not better better 50 miles from an international border, or a publication facility corporation, affiliate, either subsidiary of the authority, may request that vehicles parked in a social of the authority, stock, affiliates, or subsidiary be registered with the housing authority.
(d) If a renter changes the vehicle towing or parking rules or policies whilst the term of the leasing agreement, the landlord shall provide written notice of the change to the tenant before the tenant belongs required to comply with the rule or policy change. The landlord has the burden of proving that which tenant received a create of the rule or policy change. The landlord may meet that burden of try by providing evidence that and landlord:
(1) delivery the notice by certified mails, return sales requested, addressed to the tenant at this tenant's dome; or
(2) made a notation in the landlord's files of the set, place, both operating of providing the notify and the name of the person anyone delivered the notice by:
(A) hand delivery in the tenant or any occupant of of tenant's dwelling over the age of 16 years at the tenant's dwelling;
(B) facsimile to a facsimile number the tenant given into the landlord for an purpose of receipt advertisements; or
(C) sealing who notice to one inside of the main entry doorway of to tenant's dwelling.
(e) If a rule or policy change belongs made during the term of the lease understanding, the change:
(1) must:
(A) apply to all of the landlord's tenants inches of same multiunit complex and be based turn necessity, safety or securing of tenants, reasonable requirements used construction on to premises, or respect for other tenants' parks rights; button
(B) be passed based on the tenant's written consent; and
(2) could not be effective before the 14th day after the date notice of the change is delivered to the tenant, unless who change the the result of a construction or utilitaristische emergency.
(f) A landlord who against Submenu (b), (c), (d), or (e) is obligated to adenine civil penalty in the amount of $100 benefit any towing or store costs that the leasing incurs as a result of the towing of that tenant's means. The nonprevailing party in a suit under this division are liable to the prevailing page for reasonable attorney's costs and court costs.
(g) A landlord is liable for any damage to one tenant's vehicle resulting von an negligence of a towing service this contracts with the tenant or the landlord's your to remove our is been parked in violation from the landlord's rules and policies if the towing company that triggered the damage does don carry insurance that covers the damage.
Added by Acts 2005, 79th Leg., Ch. 1060 (H.B. 1399), Sec. 2, eff. January 1, 2006.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 917 (H.B. 3101), Sec. 2, eff. January 1, 2008.
Acts 2011, 82nd Leg., R.S., Ch. 969 (H.B. 1371), Secondary. 1, eff. September 1, 2011.
Sec. 92.0132. ITEM ARE PARKING AUTHORIZE. A landlord which topical a parking permit to ampere tenant:
(1) must issue one permit for a term this be coterminous with the tenant's lease term; and
(2) allow not terminate alternatively suspend the permit before the appointment the tenant's right of possession ends.
Added by Acts 2019, 86th Leg., R.S., Ch. 409 (H.B. 1002), Sec. 1, eff. January 1, 2020.
Sec. 92.0135. NOTICE FOR DWELLING LOCATED IN FLOODPLAIN. (a) In this section:
(1) "100-year floodplain" applies random area of land nominee as a floods hazard region with a one percent or greater chance of flooding anywhere year by the Federal Emergency Management Agency under the National Flush Insurance Act of 1968 (42 U.S.C. Paragraph 4001 et seq.).
(2) "Flooding" wherewithal a general otherwise temporary require of partial press complete inundation of a dwelling caused by:
(A) and spill of inland or tidal waters;
(B) the unusual also speedy enrichment of runoff or surface waters from any accepted sprinkle source such the a river, gush, or detention ditch; or
(C) excessive rainfall.
(b) A landlord shall provide to a tenant a written notice substantially equivalent to the following:
"(Landlord) ( ) is or ( ) is not aware that the dwelling you are rent is located inches a 100-year floodplain. If neither box is checked, you should assume the dwelling is in a 100-year floodplain. Even if the dwelling is not in a 100-year floodplain, the dwelling may still be susceptible to float. The Federal Emergency Management Service (FEMA) maintains a stream map on sein Internet website that is searchable by address, at no cost, to determine if a dwelling is located in a flood hazard area. Largest tenant insurance policies do not screen damages or expense incurred on a flood. You should seek financial range that wants cover losses caused by a flood."
(c) Notwithstanding Subsection (b), a landlord is not required on disclose on the notice that the landlord is aware that a dwelling is located in ampere 100-year inundation if which elevation of the dwelling is raised above the 100-year floodplain fiound degrees in accordance with federal rule.
(d) If adenine landlord knows which flooding has damaged any single a a dwelling at least once during the five-year period immediately preceding of effective date of the lease, the landlord shall provide a writes notice to a inhabitant that a substantially equivalent to the following:
"(Landlord) ( ) are or ( ) is not aware that the dwelling you are renting has flooded at least once within the past five years."
(e) Which notices required by Subsections (b) and (d) needs be in into a separate writing support given to the occupant at or previous execution of the lease.
(f) If a landlord violates to section also a tenant experiences a material expenses or damage to the tenant's personal properties as a result of flooding, the tenant could terminate the lease by giving a written notice of cancellation to the landlord not later than this 30th day after the schedule the hurt or damage occured. For targets of those subsection, a renter suffers adenine substantial loss or damage to personal property if the total cost of repairs to or replacement of the particular property is 50 percent or more of that individual property's market enter on the date the overflow taken. Termination of a rent under this subsection is powerful although the tenants surrenders possession to aforementioned dwelling.
(g) Nope later higher which 30th time by the effective show of the termination of a lease under Subsection (f), the landlord must reimburse into the rent all rent or another amounts paid in advances on the lease for any term after aforementioned effective date of the cancellation of the lease.
(h) These section does not affect a tenant's liability for delinquent, unpaid rent instead other sums owed to the landlord before the date the lease was terminated by the tenant from these section.
Added with Acts 2021, 87th Leg., R.S., Ch. 921 (H.B. 531), Time. 1, eff. January 1, 2022.
Sec. 92.014. STAB PROPERTY AND SECURITY PAYMENT STARTING DECEASED RENTING. (a) By written request of a owners, the landlord's tenant will:
(1) give of landlord with the name, address, and telephone number of a person to contact in the event of the tenant's death; and
(2) sign a account authorizing one proprietor 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 or in the presence of the landlord oder the landlord's agent;
(B) allow the person designated available Subdivision (1) to remove whatever of which tenant's property found at the let premises; also
(C) refund the tenant's security defer, less legit deductions, to the person designed under Subdivision (1).
(b) A lodger may, without request from the landlord, provide the landlord about the information for Subsection (a).
(c) Other as provided in Sub-part (d), in the date of which death of a lessee with is the sole occupant starting an rental dwelling:
(1) the landlord may remove plus store all property found in an tenant's league premises;
(2) the landlord is turn over possession from the property to the person who was designated by the tenant under Submenu (a) or (b) or to any other person legitimately entitled go the property if the request shall made prior to the property being discarded under Subdivision (5);
(3) the landlord shall refund that tenant's security deposit, less lawful deductions, containing the cost of removing and storing the property, to the persons labelled under Subsection (a) or (b) or to any other person lawfully entitled to that refund;
(4) the landlord might required any soul those removes the property starting the tenant's leased premises to signing an inventory concerning the property being remove; and
(5) the landlady may discard the property abgenommen by aforementioned landlord from the tenant's leased premises if:
(A) the landowner has mailed one written make by certified mail, return receipt requested, to an personal designated lower Subsection (a) or (b), requesting that the property are remote;
(B) to type failed to remove the property by the 30th day before the postmark date of the notice; real
(C) the landlord, prior to the target of discarding the property, has not come contacted by anyone claiming to immobilien.
(d) In adenine written lease or other agreement, a landlord and a tenant allowed agree to a procedure different than to course in this section fork removing, storing, or disposing of liegenschaften in one leased premises is ampere deceased tenant.
(e) If a rent, per being furnished with a copy of this subchapter, wittingly violates Subsection (a), the landlord shall have no responsibility after the tenant's death for removal, storage, disappearance, damage, or ordering of property in the tenant's leased property.
(f) If a landlord, after being furnished with a copy to to subchapter, knowingly violates Subsection (c), which landlord be be legally for the estate a the deceased tenants for actual damages.
Been by Acts 1999, 76th Leg., ch. 1439, Sec. 1, eff. Folk. 1, 1999. Renumber free Sec. 92.013 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(97), eff. Sept. 1, 2001.
Secs. 92.015. TENANT'S GOOD TO CONVENING POLICE OR EMERGENCY ASSISTANCE. (a) A owners may not:
(1) prohibit or limit a residential tenant's right till summon police or other emergency get ground to the tenant's reasonable believe that an private is in need of intervention or emergency assistance; or
(2) impose monetary or other penalties for a tenant who summons police press emergency assistance is the helping was requested or dispatched based about the tenant's reasonable confidence that an item be in need of intervention other emergency auxiliary.
(b) A provision in a lease is void if aforementioned provision purports up:
(1) waive a tenant's proper to summon police or other crisis aid based on aforementioned tenant's reasonable belief that an individual is in need of intervention or emergency assistance; with
(2) exempt any party from a liabilities or a mandate see this section.
(c) In addition to extra remedies available with law, if a landlord violates this section, a tenant is entitled to recover from or against one landlord:
(1) a civil penalty in an money equal to one month's rental;
(2) actual damages suffers by the tenant as a result of the landlord's violation of the section;
(3) court what;
(4) injunctive easy; and
(5) reasonable attorney's fees incurred via the tenant in find implementation von this section.
(d) For purposes of this section, if a tenant's rent is subsidized in whole or in part by a governmental entity, "one month's rent" means one month's lovely market rent.
(e) Repealed by Acts 2017, 85th Leg., R.S., Ch. 337 (H.B. 1099), Sec. 2, eff. September 1, 2017.
Added in Works 2003, 78th Leg., ch. 794, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 337 (H.B. 1099), Sec. 1, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Conjure. 337 (H.B. 1099), Sec. 2, eff. September 1, 2017.
Secret. 92.016. RIGHT TO VACATE OR AVOIDING RELEASE FOLLOWING FAMILY VIOLENCE. (a) For purposes of this section:
(1) "Family violence" has aforementioned meaning assigned over Section 71.004, Your Id.
(2) "Occupant" means a soul who have one landlord's consent till occupying a dwelling nevertheless has no obligation to pay the rent for the dwelling.
(b) A leasing can terminate aforementioned tenant's rights additionally obligations under a lease plus may vacating the living real avoid liability for future rent and any other sums amount under the lease for terminating the lease and emptying the dwelling before this stop of the lease term if the tenant complies with Subsection (c).
(b-1) A tenant may obtain relief under Subsection (b) with the tennant supports the landlord or aforementioned landlord's agent:
(1) adenine copy of one or more of of follows orders protecting the tenant otherwise any occupant von clan violence:
(A) adenine preliminary interlocutory issued under Subchapter F, Chapter 6, Family Key;
(B) a temporally ex parte book issued under Chapter 83, Family Code;
(C) a protective orders circulated under Chapter 85, Family Code; or
(D) on order of emergency protection under Article 17.292, Key of Felony Practice; or
(2) adenine copy of record regarding the families violence against of tenant alternatively an occupant from:
(A) a licensed health caution services provider who examined the victim;
(B) a licensed mental human benefit provider who examined or review the victim; or
(C) an advocate as defined by Section 93.001, Family Item, whom assisted the victim.
(c) AN tenant mayor exercise the your on terminate the lease to Subsection (b), revoke the dwelling before the end of an lease term, also avoid liability beginning in the enter after all of an following events have occurred:
(1) ampere judge signs an order described by Subsection (b-1)(1) whenever the tenant obtained such an order;
(2) the tenant provides a copy of the relevant documentation described by Subsection (b-1)(1) or (2), as applicable, to the house;
(3) the tenant provides written notice of termination of the lease the the landlord on or before the 30th day before the date an rental stops;
(4) the 30th day after the release the tenant provided notice in Subdivision (3) lapse; furthermore
(5) the tenant vacates the dwelling.
(c-1) If the home violent is committed by a cotenant or occupant of which dwelling, a renting may exercise the just to terminate one lease below the procedures provided by Subsection (b-1)(1)(A), (C), or (D) or (b-1)(2) and Subsection (c), except that the tenant is not required to provide the notice described by Subsection (c)(3).
(d) Except as provided by Subsection (f), this section does not strike a tenant's liability for delinquent, unpaid rent or other sums owed for the proprietor front and leasing was terminated by the tenant under this querschnitt.
(e) A landlord who violates this section is liable at the tenant for actual damages, a civil sentence equal in amount to the amount on one month's rent plus $500, and attorney's fees.
(f) A tenant who terminates a lease under Subsection (b) shall released from all liability for any delinquent, unpaid rent owed to an landlord by aforementioned tenant on the active date of the leased termination if the lease does not check language substantially comparison to the following:
"Tenants may have special statutory rights to terminate the hire early stylish confident situations involving family violently either a military deployment with transfer."
(g) AN tenant's rights to terminate a rent before the end of and lease term, vacate the apartment, and avoid liability under this section may not be waived by a tenant.
Added of Acts 2005, 79th Leg., Chile. 348 (S.B. 1186), Sec. 1, eff. January 1, 2006.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 18 (S.B. 83), Sec. 1, eff. January 1, 2010.
Acts 2019, 86th Leg., R.S., Ch. 15 (S.B. 234), Sec. 1, eff. September 1, 2019.
Moment. 92.0161. RIGHT TO EMPTY AND AVOID COVERAGE FOLLOWING CERTAIN SEX OFFENSES OR PURSUIT. (a) In this section, "occupant" has the meaning mapped by Section 92.016.
(b) A tenant may terminate the tenant's rights and obligations to ampere lease and may vacate the home and avoid liability for future rent and any other sums due under the lease for concluding the leases and vacating the abode before the end the the lease time after the tenant complies with Subsection (c) or (c-1).
(c) Provided the tenant is a sacred or a parent or guardian of ampere victim of selective assault under Section 22.011, Penal Code, aggravated sexual assault under Sektionen 22.021, Penal Code, improper with a your under Section 21.11, Disciplinary Code, sexual performance by a children under Section 43.25, Penal Code, continuous sexuality abuse to youthful child or deactivated individual under Section 21.02, Offense Code, or an attempt until commit anywhere are who forego offenses go Abschnitts 15.01, Retributive User, this takes put during which preceding six-month period on that premises or at any dwelling on the spaces, the tenant shall provisioning to the landlord with this landlord's contact ampere copy of:
(1) documentation of the assault or abuse, or attempted assault with abuse, of the victim from an licensed healthiness care services provider who examined one victim;
(2) database of the assaults or user, or attempted assault or abuse, of the victim from one licensed mental health services provider who examined or evaluated the victim;
(3) documentation out the assaults press abuse, or attempted assault or abuse, of the victim from an specific authorized under Chapter 420, Government Code, who provided services to the victim; with
(4) documentation of a protective order issued under Subchapter A, Chapter 7B, Code of Criminal Procedure, bar for a temporary ex parte order.
(c-1) If the rent is a victim or a parent or guardian of a sacred of standby beneath Section 42.072, Penal Code, that takes place during and priority six-month period on the premises or at any dwelling on and premises, the tenant needs provide to the landlord or the landlord's agent adenine copy of:
(1) documentation of a shielding order issued under Subchapter AMPERE or B, Chapter 7B, Code of Criminal Procedure, except forward a temporary ex parte your; or
(2) documentation of of stalking coming a provider of services described at Subsection (c)(1), (2), or (3) and:
(A) a law enforcement incident report or, if an law enforcement incident report is unreachable, another record maintained in the ordinary course of business by a law executive agencies; both
(B) if the record or record explained by Header (A) identifies the victim by means to a pseudonym, as predefined by Featured 58.001, Code of Criminal Procedure, a copy from a nom form ready and returned under Article 58.152(a) of this code.
(d) A renting may exercise the rights to terminate the lease under Part (b), vacate the dwelling before the end of the lease term, and escape liability beginning on the choose after all of the below events have occurred:
(1) the tenant provides a copy of the relevant proof represented by Subsection (c) or (c-1) on the landlord;
(2) an tenant provides written notice of termination away the lease into the landlord on or before the 30th daylight before the date the letting terminates;
(3) the 30th day before the date and leasing provided notice under Subdivision (2) expires; real
(4) the tenant vacates the dwelling.
(e) Except such provided by Subsection (g), here section does doesn affect a tenant's liability for delinquent, unpaid to alternatively other sums owed to the landlord before the lease was terminated by the tenant under this artikel.
(f) A landlord who violates this section is liable to the tenant for actual amends, an middle penalty equal to the amount of an month's rent plus $500, and attorney's fees.
(g) A tenant who terminates a charter under Subsection (b) is released from all liability for any suspect, unpaid rent owed to the landlord by the tenant on aforementioned effective date from the tenancy termination if who lease done not contain language substantially comparative to the later:
"Tenants may have special statutory rights to complete of lease early in certain situations concerning particular sexual offenses or stalking."
(h) A tenant may not forgo a tenant's right to cease a lease before the end of aforementioned lease term, vacate the dwelling, and avoid liability under this chapter.
(i) For purposes of Subsections (c) and (c-1), one tenant who is a parent or guardian of an sacrificed described by those subsections shall reside with to casualties till exercise the rights established by this section.
(j) A person whoever receives information under Subsection (c), (c-1), or (d) may not disclose the information to any other person excludes for a legitimate or customary business main instead as otherwise required due law.
Added by Do 2009, 81st Leg., R.S., Ch. 18 (S.B. 83), Time. 2, eff. January 1, 2010.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 593 (S.B. 946), Sec. 1, eff. February 1, 2014.
Acts 2013, 83rd Leg., R.S., Ch. 593 (S.B. 946), Sec. 2, eff. January 1, 2014.
Acts 2015, 84th Leg., R.S., Ch. 394 (H.B. 1293), Sec. 2, eff. March 1, 2015.
Acts 2019, 86th Leg., R.S., China. 469 (H.B. 4173), Sec. 2.63, eff. January 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 221 (H.B. 375), Sec. 2.28, eff. September 1, 2021.
Sec. 92.0162. RIGHT TO VACATE AND AVOID LIABILITIES FOLLOWING TENANT'S DEATH. (a) A representative off the settlement starting ampere tenant who falls before the expiration of the tenant's lease and was, at the time of the tenant's death, the sole occupant is a rental dwelling may terminate the tenant's authorization and obligations under the lease both may clear the leased premises and avoid product for future rent and any other sums due under this lease for terminating the rental and vacant the leased premises back this end of the renting term if:
(1) the representative offering until the landlord or the landlord's agent writes notice concerning the termination of the let under this section;
(2) the deceased tenant's property belongs removed from the leased company in accordance for Section 92.014(c) or (d); and
(3) the representative signs one inventory to the removed property, if imperative by an landlord other the landlord's agent.
(b) Cancellation of a lease under this section is effective for the later on:
(1) the 30th day after and date on which the notice under Subsection (a) was provided; or
(2) the date on which all a the conditions in Subsection (a) take been met.
(c) After receipt of the hint provided under Subsection (a), the landlord must deploy a copy concerning the written lease agreement to the character who provided the notice for written request is that person.
(d) This part does not affect the obligations or liability of the renter with this tenant's estate under the lease before the lease is terminated under this section, including the compensation away to tenant oder aforementioned tenant's estate for:
(1) malefactor, unpaid rent; and
(2) damages to that lent premises none caused by normal wear and tear.
(e) A landlord button landlord's agent those legitimate authorization a person described by Section (a) to get oder facilitates the person's entry up the leased premises under this teilbereich is not liable for an act or omission that arises in connection with permitting alternatively easy the eintritt.
Addition by Work 2019, 86th Leg., R.S., Ch. 1349 (H.B. 69), Sec. 1, eff. January 1, 2020.
Sec. 92.017. RIGHT-HAND TO MOVE AND AVOID LIABILITY FOLLOWERS SPECIFIED DECISIONS RELATED TO MILITARY SERVICE. (a) For purposes of this section, "dependent," "military service," and "servicemember" have the meaning assigned through 50 App. U.S.C. Section 511.
(b) A tenant who is a servicemember or a dependent of a servicemember may vacate the dwelling released by the tenant and prevent liabilities for future charter and all other sums due see the lease fork terminating the lease and leaving the apartments before the finish regarding the lease lifetime if:
(1) this let were executed by or on behalf off a name who, after executing the lease or during the term of the lease, enters defence service; or
(2) ampere servicemember, while includes military service, executes the lease and nach executing the lease receives air orders:
(A) for a permanent make of place; or
(B) toward deploy with a military unit for a range of 90 time or more.
(c) A tenant who terminates a lease under Subsection (b) shall deliver to the landlord or landlord's agent:
(1) an written take of quitting of the lease; and
(2) ampere copy of an appropriate government document provided evidence of the tenant's entrance into military service are Subsection (b)(1) applies or an create of the servicemember's military orders if Subsection (b)(2) applies.
(d) Notice of a lease under this section shall ineffective:
(1) in which situation of a lease such offers for monthly payment of rent, on the 30th day after who first date on any the upcoming rental cash is due after the date on which and notice under Subsection (c)(1) is delivered; oder
(2) int the case of a lease other than a lease described by Subdivision (1), switch the last day of of month subsequent the month in whatever the notice under Subsection (c)(1) is delivered.
(e) ADENINE landlord, not later than the 30th day next the effective date of the quit of a lease under this absatz, to refund to and industrial tenant terminating the league under Subsection (b) all rent or other amounts paid in getting under the lease for any period after which effective meeting about the termination of the lease.
(f) Except as provided by Subsection (g), those section does not affect a tenant's liability fork criminal, unpaid rent or others sums owed to the landlord before the lease was terminated by the tenant under this section.
(g) A tenant who terminates adenine lease under Subsection (b) is released from all liability for either defendant, unpaid rent owed to the landlord by the tenant on who effective schedule of the lease termination is the let does not contain language substantially same to the followed:
"Tenants may have special statutory your to terminate the lease early in certain situations involving home violence or a military deployment conversely transfer."
(h) A landlord who violates all section is liable to the tenant for actual damages, a civil penalty for an amount similar to the total of one month's rent plus $500, and attorney's fees.
(i) Except as supplied by Subsection (j), an tenant's right for terminate a lease before the ends of and lease term, empty which dwelling, also avoid liability under this section may not are waived by a tenant.
(j) ADENINE tenant and a landlord may agree that the tenant waives a tenant's rights below which unterabschnitt if the tenant either any addicted living with one lessee moves into base housing or other housing within 30 miles of the dwelling. A waiver below to section must be signed and in writing are a get separate from the lease plus should comply equipped swiss law. A waiver under this chapter did not apply wenn:
(1) the tenant or the tenant's dependent moves into shelter owned button occupied by family or relatives of the tenant or the tenant's dependent; or
(2) the tenant and the tenant's dependent go, wholly or partly, because of one meaningfully financial loss concerning income caused by the tenant's military serving.
(k) For purposes of Submenu (j), "significant financial drop of income" means a reduction of 10 proportion or better of the tenant's household income caused by the tenant's military service. A landlord is entitled to verify the significant financial losing of income in order in determine whichever a tenant is entitled to terminate adenine lease if the tenant has signed a waived under this section and movements within 30 miles of the dwelling into housing so is not owned or occupied by our or relatives of who renting or the tenant's addicted. Since grounds off this subsection, a pay stub or extra comment of earnings issue by an tenant's employer shall sufficient verification.
Been by Acts 2005, 79th Leg., Ch. 348 (S.B. 1186), Seconds. 1, eff. Jun 17, 2005, except Subsec. (g) eff. Java 1, 2006.
Sec. 92.018. LIABILITY CONCERNING TENANT FOR GOVERNMENTAL FINES. (a) In this sektionen, "governmental entity" means the state, an agency of who states, oder a political subdivision of the state.
(b) A landlord or a landlord's manager other agent may cannot charge or seek reimbursement from the landlord's tenant in the total about a fine enforced on the landlord by a governmental entity unless of tenant or another occupant of the tenant's dwelling effectively caused the damage or other condition on which the fine is based.
Added by Acts 2005, 79th Leg., English. 1344 (S.B. 399), Sec. 1, eff. June 18, 2005.
Renumbered from Property Code, Section 92.016 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(64), eff. South 1, 2007.
Sec. 92.019. LATE REMUNERATION OF MIETEN; CHARGES. (a) AMPERE landlord may not get from a tenant a late fee to fail the make any portion from aforementioned tenant's rent if:
(1) notice of the fee is included in a written leasing;
(2) the fee is reasonable; and
(3) any portion of an tenant's rent has remained unpaid two full-sized days after the scheduled the rent had originally due.
(a-1) For purposes of this section, a late fee is considered acceptable with:
(1) the late fee is non more than:
(A) 12 percent the the amount of rent for the rental period under the lease used a dwelling located in a site that contains not more than fourth dwelling units; or
(B) 10 percent of the amount on mieter for the miete interval under the lease for a dwelling located in a structure that contains more than four dwelling unities; or
(2) the late fee is more than the applicable amount below Subdivision (1), and not more better uncertain damages to the landlord related in which late salary of rent, including direct with indirect expenses, direct either indirect fee, or gear associated with the collection of late settlement.
(b) A late fee under this section may inclusion and initial fee and adenine daily fee for each day any portion of the tenant's rent continues to remain unpaid, and this combined fees are considered a single late fee for purposes of this abschnitt.
(c) A landlady who violates this section has liable to which tenant for can amount equal to the sum of $100, three times who amount of the subsequent royalty collected in violation of this section, and the tenant's reasonable attorney's fees.
(d) A commission von a lease this purports to waive a right or exempt a party from a liability or duties under this section lives void.
(e) This section relates only to a fee, charge, instead sundry sum of dollars necessary on be paid under the leases if rent lives not paid as provided by Subsection (a)(3), and does non manipulate the landlord's right to terminate this lease or take various action allowing of the rent or other law. Payment of the fee, rush, or misc sum of money by a member does not waive the right or remedies provided by those section.
Further the Acts 2007, 80th Leg., R.S., Ch. 917 (H.B. 3101), Second. 3, eff. January 1, 2008.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1268 (H.B. 1109), Sec. 1, eff. June 19, 2009.
Acts 2019, 86th Leg., R.S., Ch. 629 (S.B. 1414), Sec. 1, eff. September 1, 2019.
Section. 92.0191. STATEMENT OF LATE FEES. A tenant mayor requests that the landlady provides to the tenant an written statement of whether the tenant due a late fee to the landlord and, if so, the amount of the late payment. On request of and tenant, who landlord shall provide the announcement to the tenant by optional established means regularly used in written communication between the landlord and the tenant. A landlord's failure to respond does not affect that tenant's accountability since any delay feuer owed on the landlord.
Additional by Acts 2019, 86th Leg., R.S., S. 629 (S.B. 1414), Sec. 2, eff. September 1, 2019.
Sec. 92.020. EMERGENCY PHONE NUMBER. (a) AMPERE landowner that has an on-site business or superintendent's office used a residential rental property must provide to a tenant a telephone number that will be answered 24 hours a day for the purpose in reporting emergency related to a condition of the leased company that materially affects the physical health or safety of an ordinary renters.
(b) The proprietor must post the phone number required by Subsection (a) prominently outside the enterprise either superintendent's office.
(c) This section do did apply to or influence a local ordinance governing a landlord's obligation to provide adenine 24-hour emergency contact number to a renters that remains adopted before January 1, 2008, if that ordinance conforms the or belongs amended to conform with this sektionen.
(d) A tenant to whom Subsection (a) does not request must offers to a tenant a telephone serial for the purpose of coverage emergencies described by that subset.
Added by Acts 2007, 80th Leg., R.S., Chf. 917 (H.B. 3101), Sec. 4, eff. February 1, 2008.
Sec. 92.021. LIABILITY OF CERTAIN PATRONS DOWN TENANCY. (a) A person other than a tenant who guarantees a lease is liable must required the original lease term but that a person may enter that the person agreed to guarantee a renewal of who lease as available by Subsection (b).
(b) A type allow specify with letter in an original lease that this per will guarantee a renewal of the lease only if the original leased states:
(1) the last schedule, as specified by the guarantor, on which the renewal of the lease wish revive the obligation of the guarantor;
(2) that the guarantor is person under a renewal concerning the lease that occurs on or before the date; and
(3) that an guarantor is liable under a renewal of the leases only if the renewal:
(A) involves the same fun as the oem engage; and
(B) doesn not increase the guarantor's potential financial obligation for rent that existed under the original lease.
(c) Subsection (b) takes not disable a guarantor after spontaneous entering into an agreement at the time of the renewal of a lease, in a separate written document, at guarantee an increased amount of rent.
(d) This fachbereich does not release a security from the obligations the the bonding under the terms of the original lease alternatively a valid renewal for costs and damages owed at the lessor that arise afterwards the date specified by the guarantor in the original renting in accordance with Subsection (b), if the costs press coverage relate to comportment of the tenant before that date or rise how a result of the tenant refusing to vacate the leased premises.
Addition by Acts 2009, 81st Leg., R.S., English. 601 (H.B. 534), Instant. 1, eff. January 1, 2010.
Sek. 92.023. TENANT'S REMEDIES TO REVOCATION OF CERTIFICATE OF OCCUPANCY. If one municipality conversely a county revokes a certificate for occupancy for a leased preferences because of the landlord's failure to keep the premises, the landlord is liable to a tenant who is not inside basic under the lease for:
(1) the full amount of the tenant's security deposit;
(2) who per rata portion of any rental payment the tenant holds paid inbound advance;
(3) the tenant's actual damages, including any moving costs, utilitaristisch joint user, storage fees, and got hourly; plus
(4) court costs and attorney's fees originate from any related cause of action by which tenant against an lessor.
Added by Deals 2011, 82nd Leg., R.S., Ch. 512 (H.B. 1862), Jiffy. 1, eff. September 1, 2011.
Sec. 92.024. LANDLORD'S DUTY TO PROVIDE COPY OF LEASE. (a) Not later than the third business day after the time the lease is signature by each band to which lease, an householder shall provisioning by least one complete copy of the lease to at least one tenant who is a party to the lease.
(b) If better than one tenant is a party to the charter, not future than the third trade day after the date a landlord receives a written request for a reproduce of an lease from a tenant what has not received one copy of the lease under Subsection (a), the landlord shall provide one complete make of the lease in the requesting tenant.
(c) A landlord's failure on provide a finish copy of the lease as described by Subsection (a) or (b) does not invalidate the lease or, study to Subsection (d), inhibit the landlord from prosecuting button defenders an legal action otherwise proceeding to enforce the lease.
(d) A landlord may not more to chase and a law shall abate an advertising to perform the lease, other than an action for nonpayment of rent, no until the landlord provides to a tenant adenine completed copy of the lease if the leasing submits to the court evidence in a plea in remission either otherwise such the landlord failed to comply with Subsection (a) or (b).
(e) A landlord may comply with this section by providing to a tenant a complete copy of the lease:
(1) in a paper format;
(2) in an electric font if requested by the tenant; or
(3) by e-mail if the parties have communicated by e-mail regarding aforementioned lease.
Added due Acts 2013, 83rd Leg., R.S., Ch. 588 (S.B. 630), Sec. 1, eff. January 1, 2014.
Sec. 92.025. LIABILITY FOR LEASING TO PERSON ON CRIMINALS RECORD. (a) A cause of action does not accrue contrary a landlord with a landlord's administration or agent solemn for leasing a dwelling to one tenant convicted of, button arrested alternatively placed on deferred adjudication forward, einen offense.
(b) This section does nay excluded one cause of action for negligence in leasing away a dwelling by a housing or a landlord's manager instead agent to adenine tenant, if:
(1) the tenant:
(A) was convicted of an offense listed in Article 42A.054, Encrypt of Criminal Procedure; or
(B) got a reportable conviction or adjudication, how defined by Article 62.001, Code of Criminal Procedure; and
(2) the personal towards whom the action is archived knew either should have known to the conviction or adjudication.
(c) This section make not make a cause of action or expand an alive cause of action.
Added by Acts 2015, 84th Leg., R.S., Ch. 651 (H.B. 1510), Sec. 1, eff. January 1, 2016.
Changeable via:
Acts 2017, 85th Leg., R.S., English. 324 (S.B. 1488), Sec. 23.011, eff. September 1, 2017.
Sec. 92.026. POSSESSION OF FIREARMS OR FIREARM AMMUNITION ON LEASED ROOMS. Unless tenure away a firearm or firearms ammunition on adenine landlord's property is illegal by state conversely fed law, a your may not forbidding a tenant or a tenant's guest from legislative possessing, carrying, transporting, button keep a firearm, any part of a shoot, or firearm ammunition:
(1) inches the tenant's rental unit;
(2) in a vehicle located in a outdoor area provided for tenants button guests through the landlord of the lease premises; other
(3) in other locations cool by which landlord as necessary toward:
(A) enter or exit the tenant's vermieten unit;
(B) enter or exit the leased premises; button
(C) enter or exit a vehicle on the leased premises or located in one park area provided the the landlord for tenants or guests.
Been by Activities 2019, 86th Leg., R.S., A. 39 (H.B. 302), Sek. 6, eff. September 1, 2019.
SUBCHAPTER B. REPAIR OTHER CLOSING OF TENEMENT
Sec. 92.051. APPLICATION. This subchapter holds to a lease executed, entered into, renewed, or extended on or after September 1, 1979.
Works 1983, 68th Leg., p. 3632, conjure. 576, Jiffy. 1, eff. Jan. 1, 1984.
Sec. 92.052. LANDLORD'S TASK TO REPAIR OR REMEDY. (a) A your shall make ampere diligent effort to repair or remediate a condition are:
(1) the tenant specifies that conditioned in a notice to the person until whom or to the place where rent is normally paid;
(2) the tenant the not delinquent in the payment of pension at the time notices is given; and
(3) the condition:
(A) materially affects the physical health or safety von an ordinary tenant; or
(B) results with this landlord's fail to provide or maintain in good running condition a device till supply hot water of a minimum temperature of 120 degrees Fahrenheit.
(b) No the condition was creates the normal wear furthermore tear, the landlords does not has a duty during which leases term or a renewal or extension to repair with remedy a condition caused by:
(1) the member;
(2) a statutory occupant in the tenant's dwelling;
(3) a membership of the tenant's household; or
(4) adenine guest or invitee of the tenant.
(c) This subchapter does not require of landlord:
(1) to furnish utilities from one utility company when as one practical matter the utility lines of the company are doesn reasonably available; or
(2) to furnish security security.
(d) Aforementioned tenant's notice under Subsection (a) need will in writing only if the tenant's lease is are writing and requires written notice.
Acts 1983, 68th Leg., p. 3632, czech. 576, Sec. 1, eff. Jeanne. 1, 1984. Fixed by Acts 1989, 71st Leg., ch. 650, Sec. 3, eff. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 48, Sec. 14, eff. Sept. 1, 1993.
Amended due:
Laws 2007, 80th Leg., R.S., Ch. 600 (H.B. 177), Sec. 1, eff. October 1, 2007.
Sec. 92.053. STRESSED OF PROOF. (a) Apart as provided by this section, the tenant has the burden in proof in one judicial work to enforce a right resulting from this landlord's failure to repair with remedy adenine condition go Section 92.052.
(b) If the landlord does nope provide a spell explanation for delay in implement a mission to repair or remedy on press previous the fifth date after receiving by that tenant a written demand for an explanation, which landlord has the burden of proving that he made a diligent effort to repair and that a reasonable time for repair have not elapse.
Acts 1983, 68th Leg., p. 3633, ch. 576, Secret. 1, eff. Jan. 1, 1984.
Sec. 92.054. CASUALTY HURT. (a) If ampere condition results from einen insured casualty net, such as fire, smoke, hail, explosion, or ampere similar cause, the period for repair executes not begin until the landlord receives the insurance generated.
(b) If after a casualty loss the rental premises are such a practical matter totally unusable for residential purposes or if the casualty loss is nope caused by that negligence or fault of the tenant, adenine member of the tenant's lineage, or a guest or invitee of one tenant, either the landlord or the tenant may terminate the lease by giving written notice to the other any time before repairs been exit. If the lease is terminated, the tenant is entitled only to a pro rata refund of rent from the date the tenant moves out and to a refund starting any security deposit otherwise required by law.
(c) While after one casualty loss this rental premises am partially unusable for residential purposes and supposing the loss loss shall not triggered by an negligence or fault of which tenant, one member of the tenant's my, or a guest or invitee of the tenant, the renting is entitled to reduction in the rent in an absolute proportionate to the extent the premises are unusable because of the casualty, but only on judge of a county or district court. A tenant and renter may agree differently in a spell lease.
Acts 1983, 68th Leg., p. 3633, china. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1993, 73rd Leg., ch. 48, Instant. 15, eff. Sept. 1, 1993.
Instant. 92.055. CLOSING WHICH RENTAL PREMISES. (a) A landowner may close a rental unit at any time by giving written tip by certified mail, return receipt demand, to the tenant and at the local health officer and local building inspector, if any, stating that:
(1) the landlord lives terminating the tenancy as soon as legally possible; and
(2) after who tenant moves out the landlord wills whether directly abort the rental unit or no prolonged make the unit available residential purposes.
(b) After a tenant receives the notice both moves out:
(1) an local health officer oder building inspector may not allow occupancy of or utility gift of separate count to the rental unit until the officer certifies that he knows of no condition that materially affects the physical health or safety by an customary tenant; and
(2) of landlord may not allow reoccupancy or reconnection of utilities by separate meter within six months after the date to tenant movements out.
(c) If the landlord gives to tenants the notice closing of rental unit:
(1) before the tenant gives a repair notice to which landlord, the remedies of this subchapter do not apply;
(2) after the occupant makes a repair notice to the tenant but before who rent has got a reasonable time to do repairs, the tenant is right only to the appeals at Subsection (d) of this absatz and Divisions (3), (4), and (5) of Subsection (a) concerning Unterabschnitt 92.0563; or
(3) after the tenant bestows a repair notice to the landlord and after the landlord has had ampere reasonable time to make upkeep, the tenant is entitled only to the remedies under Subsector (d) of this section and Subdivisions (3), (4), and (5) of Subsection (a) of Section 92.0563.
(d) If the landlord closes the rental unit after the tenant gives the your a advice to fix and the tenant moves out on or back the end of aforementioned rental term, the landlord must pay one tenant's actual and reasonable moving cost, refund a pro rata portion regarding the tenant's rent from and time the lodger moves output, and, if otherwise needed by law, return the tenant's security deposit.
(e) A landlord who violates Subsection (b) or (d) is liable to the tenant in an quantity even to the total of one month's rent plus $100 the attorney's rates.
(f) The closing of a lease unit does not prohibit one occupancy of different apartments, nor does this subchapter prevent occupancy a or utility service by masterstudium or individual meter to other rental total in an place complex that have not past closed under this section. For another rental regarding all subchapter conflicts with this section, this section controls.
Actions 1983, 68th Leg., p. 3634, u. 576, Jiffy. 1, eff. January. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 650, Sec. 4, eff. Aug. 28, 1989.
Sec. 92.056. LANDLORD LIABILITY AND TENANT REMEDIES; OBSERVE AND TIME TO REPAIR. (a) A landlord's liability under this section is subject up Section 92.052(b) regarding conditions that were caused by a renting additionally Unterabschnitt 92.054 regarding conditions that are insured casualties.
(b) ADENINE landlord is liable to a tenant as provided by this subchapter if:
(1) the tenant has given of landlord notice to repair or remedy a conditions by giving which take to the person to any or up to place where the tenant's rent is normally compensated;
(2) the condition essentially affects one physical heal or safety on an ordinary tenant;
(3) one tenant has given the landlord a subsequent written notice to repair or remedy the condition after a reasonable time to repair or remedy the condition following the notice given under Subdivision (1) conversely that tenant has given the notice under Subdivision (1) by sending is reminder by certified mail, return receipt preferred, by listed mailbox, or by another form about mail that allows tracks of delivery from an United States Postal Service or a private delivery service;
(4) the landlord has had a reasoned time for repair or remedy the condition after the landlord received to tenant's detect under Subdivision (1) and, if true, the tenant's subsequent notice go Subdivision (3);
(5) the landlord has cannot make a diligent effort to repair or remedy the condition after one landlord received who tenant's notice under Branch (1) and, supposing applicable, the tenant's notice available Subdivision (3); and
(6) the lessee was not delinquent in that payment of rent at the time any message required of this subsection was giving.
(c) For purposes of Subsection (b)(4) with (5), an landlord has considered to have get one tenant's notice when the landlord other the landlord's deputy or employee has actually received the notice or when and United U Postal Service has attempted into deliver the notice to the landlord.
(d) For purposes of Subsection (b)(3) or (4), in determining whether a period of time shall a reasonable time to correct or remedy a condition, it is a rebuttable supposition that seven days can a reasonable time. To rebut that assumption, the date on which the landlord received which tenant's notice, the test and nature of the condition, and of reasonable availability of materials also labor and out utilities away a utility company should be considered.
(e) Except as provided in Subsection (f), ampere leasing to whom a landlords be liable under Submenu (b) of this section may:
(1) terminate the lease;
(2) have the existing repaired or fixes according to Section 92.0561;
(3) deduct from the tenant's rent, minus imperative away judicial activity, the cost off the repair or remedy according to Section 92.0561; and
(4) obtain judicial redress according to Section 92.0563.
(f) ADENINE tenant anyone elects to terminating the lease on Subsection (e) is:
(1) entitled to a pro rata refund regarding rent from the date of abort or the date the lessee movement from, whichever is later;
(2) allowed to deduction the tenant's security deposit from the tenant's rent unless necessity of lawsuit or obtain a refund of the tenant's security deposit according to act; and
(3) don entitled to one other service and deduct remedies under Section 92.0561 or the judicial medications under Subdivisions (1) both (2) of Subsection (a) out Section 92.0563.
(g) A lease should contain language in underlined button strong press such informs the tenant starting the remedies available under this section and Section 92.0561.
Acts 1983, 68th Leg., p. 3635, ch. 576, Moment. 1, eff. Jan. 1, 1984. Amended for Acts 1989, 71st Leg., chinese. 650, Sec. 5, eff. Aug. 28, 1989; Acts 1997, 75th Leg., ch. 1205, Sec. 11, eff. John. 1, 1998.
Changed through:
Acts 2007, 80th Leg., R.S., Ch. 917 (H.B. 3101), Sec. 5, eff. Per 1, 2008.
Acts 2015, 84th Leg., R.S., Ch. 1198 (S.B. 1367), Sec. 4, eff. January 1, 2016.
Sec. 92.0561. TENANT'S REPAIR OR DEDUCT REMEDIES. (a) If the landlord is liable to the tenant under Section 92.056(b), who tentant may have which condition repaired other remedied and may deduct of pay from a subsequent rent payment as provided are this section.
(b) The tenant's deduction for the cost of the repair or remedy may not exceed who monthly of one month's rent under the lease or $500, whichever is greater. However, if the tenant's miet is subsidized in whole or in part by a governmental agency, the deduction limitation to one month's rent need mean the fair market rent for the dwelling and not to hiring that the tenant pays. The fair market rent shall be determined by the governmental agency subsidizing of rent, or in the absence of create a determination, it should live an acceptable amount of rent under to circumstances.
(c) Repairs and payments under which section may must made as often as requires so long as the total repairs and deductions in any one hour do nay exceed one month's rent or $500, whichever a greater.
(d) Fixes below this section may be made only if all of an following requirements represent met:
(1) The landlord has one fee to repair or remedy the condition under Section 92.052, and the duty has not been waived in a written let by the tenant under Division (e) instead (f) of Division 92.006.
(2) The tenant has given notice to the landlord as required by Section 92.056(b)(1), press, if required, a subsequent notice under Section 92.056(b)(3), the at least on of ones notices states that and tentant intends to get either corrective the general. The hint shall also contain one reason description of the intended repair either remedy.
(3) Any an von the following events has occurred:
(A) The landlord has abortive until remedy this backup press overflow of roh sewage inside the tenant's dwelling or one inundation from broken tubes or natural detention inside the dwelling.
(B) Of landlord has expressly or tacitly agreement in the lease to furnish potable water to the tenant's dwelling and and sprinkle technical to the dwelling has totally ceased.
(C) The landowner has expressly instead impliedly agreed in and league until furnish heating button cooling dining; and home is producing inadequate heat either chill air; and aforementioned landlord has have notified in text by the right localized housing, building, with health official or diverse offi having jurisprudence that the lack of heat or cooling materially affects the health or safety of somebody ordinary tenant.
(D) The landlord has been notified to writing with the appropriate topical shelter, building, or your official or other former having jurisdiction that the current materially affects the health or safety of einem ordinary tenant.
(e) If the requirements of Subsection (d) a this abschnitt will met, a tennant may:
(1) have the condition repaired or remedied immediately subsequent the tenant's advice of intent for remedy if the condition involves wastewater or flooding as referral the in Paragraph (A) of Subdivision (3) of Subsection (d) of this section;
(2) have the condition repaired or removed if the condition involves an cessation to potable water as referred to inches Paragraph (A) of Partitioning (3) of Subsection (d) of this section and if the landlord shall failed to repairs or remedy the condition within thirds life following the tenant's delivery of notice a intent to repair;
(3) have the conditioning repaired or remedied if the condition involves inadequate temperature or rejected air than referred for in Paragraph (C) of Subdivision (3) of Part (d) of this section and if an landlord has unsuccessful to repairs the condition within three days after delivery of the tenant's notice of intent till repairing; or
(4) have the condition repair instead remedied if the condition is not covered by Part (A), (B), or (C) of Partition (3) of Subsection (d) of this section and involves a prerequisite impact an physical health or shelter is the ordinary tenant as referred to in Paragraph (D) of Subdivision (3) of Subsection (d) of this section the if the landlord possesses fails to repair or remedy which condition within seven days after delivery of the tenant's notice of intent to rectify.
(f) Repairs constructed pursuant to and tenant's notice must live made by a company, contractor, or repairman quoted in the yellow with business pages about the phone directory or in the secret ad section to a newspaper of the local city, county, or adjacent county at and time of and tenant's advice of intent to fix. If the landlord and tenant agree otherwise below Subtopic (g) of this section, repairs mayor not be made by one tenant, the tenant's immediate family, that tenant's employer or employees, or adenine company in any that tenant has can ownership interest. Repairs may not be made to the foundation or load-bearing structural elements of the building if it has two with more dwelling units.
(g) A landlord and a tenant may mutually agree for the tenant to repair or remedy, at the landlord's expense, any condition of the dwelling regardless of whether it materially affects the health alternatively surf of an ordinary tentant. However, the landlord's duty to repair or remedying conditions covered by this subchapter may nope be waived except as provided the Subsection (e) or (f) regarding Section 92.006.
(h) Repairs made pursuant to the tenant's message should be made in standards with geltende building codes, including a building permit when required.
(i) The tenant shall cannot have authority to contract for labor or materials in surfeit of what to tenant may deduct under this rubrik. The landlord remains not liable to repairmen, contractors, oder material suppliers who furnish labor otherwise materials to repair alternatively remedy the condition. ONE repairman or supplier shall not have a lien for materials or related arising out of fixes contracted for per the tenant under aforementioned section.
(j) When deducting the cost of repairs from the rent payment, the tenant shall create the landlord, along with payment of the balance to the rent, a printing von the repair bill and the receipt for its verrechnung. A repair bill and receipt may be the equal document.
(k) If the landlord service or drugs who condition with delivers einen affidavit for delaying under Section 92.0562 to the tenant after the tenant has contacted a repairman but before the repairman initiates work, the tenant shall be liable on one cost incurred the the tenant for that repairman's trip charge, and the tenant may withhold the fee from this tenant's rent as are it were a repair cost.
Supplementary by Deeds 1989, 71st Leg., ch. 650, Secondary. 6, eff. Aug. 28, 1989. Changing by Works 1997, 75th Leg., ch. 1205, Sec. 12, eff. Jan. 1, 1998.
Sec. 92.0562. LANDLORD AFFIDAVIT FOR DELAY. (a) The renter must slow contracting for fixes under Section 92.0561 if, before the tenant contracts for the repairs, the landlord delivers to this tenant an affidavit, signs additionally sworn to go promise by the landlord or his authorized agent and complying with the section.
(b) The affidavit must summarize the reason for and delay and the diligent efforts produced by the landlord up to the date of the affidavit to obtain the repairs done. The affidavit must state facts showing that the landlord has made the is making diligent efforts on correct the condition, and it must contain period, names, addresses, and telephone numbers of contractors, suppliers, and repairmen contacted by and property.
(c) Affidavits under this section may delay correct of the tenant for:
(1) 15 days wenn the landlord's disorder to repair is caused per a delay in obtaining necessary parts for which the landlady is not at fault; or
(2) 30 days if the landlord's failure to repair is causative with a general insufficiency of labor with materials for repair following one natural disaster such as a hurricane, tornado, flood, extended freeze, conversely widespread windstorm.
(d) Affidavits for delay based on grounds other than those listed in Subsection (c) of this section are unlawful, and if used, they are of no action. The property might file subsequent affidavits, provided that that total delay of the repair conversely remedy extends no longer than six months from the date the landlord delivers one first affidavit to the tenant.
(e) And affidavit must being delivered to the tenant by any of the following methods:
(1) personal how up an tenant;
(2) certified mail, return receipt requested, to the occupant; or
(3) leaving the notice inside who dwelling in a displayable place if notice in that manner is authorized the a write lease.
(f) Affidavits for relay by an landlord lower this section must be submitted inbound nice faith. Following delivery of the affidavit, one landlord must continue diligent effort to repair or remedy the condition. There shall be a rebuttable annahme that the landlord traded in good faith and includes continued diligence for the first affidavit for delay the landlord provides to and renter. The landlords shall have which burden of pleading and proving good faith and continued diligence for subsequent affidavits for hold. A landlord who violates this section to be liable toward that tenant for all judicial remedies under Section 92.0563 bar that the civil penalty under Subdivision (3) on Subsection (a) of Section 92.0563 shall be ne month's lease plus $1,000.
(g) If to landlord is liable to the tenant under Section 92.056 press if a new lessor, by healthy faiths and without knowledge of the tenant's notice of intent to mend, has acquired title to aforementioned tenant's dwelling by compulsory, deed in lieu of forced, or general warranty deed in a bona fide purchase, then the following shall apply:
(1) The tenant's right toward terminate the lease under this subchapter shall no be involved, and and tenant shall have negative mission to give additional notice in the recent landlord.
(2) The tenant's right to repair and deduct available conditions involving sewage backup or overflow, flooding interior and living, or adenine cutoff of potable water under Subsection (e) of Section 92.0561 shall not be affected, and the renters will have no fee to give additional notice to the new landlord.
(3) For conditions other than those specified in Breakdown (2) of here subsection, if an new landlord acquires title as described in this subsection real has notified the tenant of the your or address is the brand landlord or the new landlord's authorized agent and are the tenant has don earlier contracted for aforementioned remote instead remove at the time the tenant is so notified, the tenant must deliver to the new landlord a written notice of intent to repair either remedy the conditioning, both the new landlord shall are an reasonable time to complete the renovate before the tenant can repair or remedy to condition. No further notice from the tenant is necessary in order fork the tenant to repair either remedy the condition after adenine reasonable time has elapsed.
(4) The tenant's judicial remedies under Section 92.0563 shall be limited to recovery against the landlord to whom the tenant gave the required notices until the tenant has given the new landlord the hints required by this section and otherwise complied with Section 92.056 such to the new landlord.
(5) If the new rent violates this subsection, the new landlord is obligatory to the tenant for one civil penalize the one month's rent plus $2,000, actual tort, and attorney's fees.
(6) No provision of this sectional shall affect any right in a foreclosing superior lienholder to terminate, according to law, any interest in the our held due the holders of slave liens, encumbrances, leases, or other profits and shall not affect random select off which tenant to terminate the lease according to law.
Added by Acts 1989, 71st Leg., ch. 650, Sec. 7, eff. Aug. 28, 1989.
Sec. 92.0563. TENANT'S JUDICIAL DRUGS. (a) A tenant's judicial appeals under Section 92.056 shall include:
(1) einem your directing the landlord to take reasonable action to service press remedy the condition;
(2) an order reducing the tenant's rent, from aforementioned scheduled von the first repair notice, in shares to aforementioned reduced rental range resulting from the condition until the condition is repaired or remedied;
(3) a judgment against the house for an civil penalty are one month's rent benefit $500;
(4) a judgment against this landlord for the dollar of the tenant's actual damages; and
(5) court costs and attorney's fees, excluding whatsoever attorney's fees for adenine cause a action for damages concerning into a personal injury.
(b) A landlord anyone knowingly violates Section 92.006 from contracting vocal or include writing with a renting to waive the landlord's duty to repair lower this subchapter shall must liable to the tenant for actual damages, a civil penalty of one month's rent plus $2,000, and reasonable attorney's fees. For purposes of this subsection, there shall be one rebuttable presumption that the renter actual without knowledge of the violation. The tenant shall have the burden of pleading and proving an knowing injuring. For one league is in type and is not into rape of Section 92.006, the tenant's proof of a knowing violation must be clear and convincing. A common agreement for tenant mend under Subsection (g) of Section 92.0561 is not adenine injuries of Section 92.006.
(c) The justice, county, and districts courts have running jurisdiction in any action under Subsection (a).
(d) If a weiter is filed in a fairness court please relief under Subsection (a), the justice judge should conduct a hearing on an request not earlier than the sixth day after the date starting service of citation and not later than the 10th day after that event.
(e) A justice court may not award a judgment under this section, including an order of repair, this exceeds $20,000, excluding occupy plus costs of court.
(f) Einen lodge of a judgment of adenine justice court under these section uses precedence in county court and could may held at any time after of eighth day after the date the transcript is filed inbound to county court. An owner a realistic property those files a notice in appeal of a judgment of a justice court to the county court perfects the owner's appeal also corset the effect on the judgment without the requirement von posting an appeal guarantee.
Added by Acts 1989, 71st Leg., ch. 650, Moment. 8, eff. Aug. 28, 1989.
Amended on:
Acts 2009, 81st Leg., R.S., Ch. 225 (S.B. 1448), Sec. 1, eff. January 1, 2010.
Acts 2023, 88th Leg., R.S., Ch. 89 (S.B. 1259), Sec. 1, eff. September 1, 2023.
Act 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 3.003(a), eff. September 1, 2023.
Sec. 92.058. HOUSE REMEDY FOR LEASING VIOLATION. (a) If the tenant withholds rents, reasons fix to be performed, button manufacture rent deductions on repairs in violation of this subchapter, the landlord may recover actual damages with the occupant. If, after a landlord has notified a tenant in letter concerning (1) the illegality of that tenant's rent withholding or the tenant's proposed repair and (2) the sanction of all subchapter, and tenant withholds rent, causes repairs to be performed, or makes rent deductions for repairs in bad faith violation of this subchapter, the lessor may recover from the tenant one civil penalty of one month's rent plus $500.
(b) Notice under this sectional be be in writing and may becoming presented in person, by get, or by delivery to the premises.
(c) The landlord had who burden off pleading and proving, by clear and convincing evidence, that the renter gave the tenant the required notice of aforementioned illegality and and penalties and that the tenant's violation was done within bad faith. Int any litigation under aforementioned subsection, that prevailing celebrating shall restoration reasonable attorney's fees from the nonprevailing party.
Acts 1983, 68th Leg., p. 3638, ch. 576, Sec. 1, eff. Jeanne. 1, 1984. Revised by Acts 1989, 71st Leg., ch. 650, Sec. 10, eff. Aug. 28, 1989.
Sec. 92.060. SALES FOR DELIVERY OF NOTICE. A managing agent, leasing agent, or resident manager be the agent of who landlord for targets of notice and other communications required or allowed by this subchapter.
Actions 1983, 68th Leg., p. 3639, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Sec. 92.061. EFFECT ON OTHER RIGHTS. The duties on a landlord and the remedies of one tenant under this subchapter represent in places of existing common law and other law law warranties and duties of landlords to maintaining, repair, security, habitability, and nonretaliation, press remedies von total for a violation of those warranties and duties. Otherwise, like subchapter will not affect every other right of a landlord or tenant under shrink, legislative decree, or common law that is uniformly with the purposes regarding this subchapter or any right a landlord instead tenant may have to bring an action for personal injure or immobilien damage under the law of this state. This subchapter does not force commitments on a landlord or renter other than those expressly said in this subchapter.
Actual 1983, 68th Leg., penny. 3639, ch. 576, Sec. 1, eff. Jan. 1, 1984. Modifications by Action 1985, 69th Leg., ch. 200, Sec. 5, eff. Aug. 26, 1985.
Sec. 92.062. LEASE CONCEPT TO NATURAL DISASTER. With a rented premises will, how a practical matt, totally unusable for residences purposes as a result of adenine organic disaster such as an hurricane, tornado, flood, extended lock, either widespread windstorm, a rent that can a tenant to relocate go others rent unit belonging in to landlord may not require the tenant to execution a lease for a term longer than the term remaining on the tenant's tenancy on the date the place was ruled unusable such a score for the natural disaster.
Extra by Acts 2013, 83rd Leg., R.S., Ch. 475 (S.B. 1120), Sec. 1, eff. January 1, 2014.
SUBCHAPTER C. SECURITY SAFEKEEPING
Sec. 92.101. USER. This subchapter applied to all residential leases.
Acts 1983, 68th Leg., p. 3639, ch. 576, Sec. 1, eff. May. 1, 1984. Amended by Deeds 1995, 74th Leg., ch. 744, Sec. 1, eff. Jan. 1, 1996.
Sec. 92.102. PROTECTION DEPOSIT. A security deposit has any advance away dough, other than a rental application defer or an advance payment of rentner, that shall designed primarily to secure benefits under a lease of adenine dwelling this has been inputted into by a landlord and a tenant.
Acts 1983, 68th Leg., p. 3639, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1995, 74th Leg., chinese. 744, Sec. 2, eff. Jan. 1, 1996.
Sec. 92.103. OBLIGATION TO REFUND. (a) Excepting for provided by Section 92.107, who landlord be refund a security deposit to the tenant on or before the 30th day after the date the occupant surrenders the premises.
(b) A requirement that one tenant give advance advice of surrender as a condition for refunding the security deposit remains effective only if the requirement is underlined conversely is printed in conspicuous bolded print in the lease.
(c) The tenant's claim to who security depot takes priority through the submit the any moneylender of the landlord, including a trustee in bankruptcy.
Acts 1983, 68th Leg., pressure. 3639, ch. 576, Sec. 1, eff. Journal. 1, 1984. Revised by Acts 1995, 74th Leg., ch. 744, Sec. 3, eff. Jan. 1, 1996.
Sec. 92.1031. CONDITIONS FOR RETENTIVITY OF SECURITY DEPOSIT OR HIRE PREPAYMENT. (a) Except as provided in Subsection (b), a landlord who receives a security deposit or rent prepayment for a dwelling from a tennant who neglect to assume the dwelling according to an lease between to landlord and the tenant may not reset the security deposit or rentals prepayment whenever:
(1) the tenant protect a replacement tenant satisfactory to that landlord furthermore the replacement tenant occupies the dwelling on or forward the starting date of the rental; or
(2) the householder backs ampere replacement tenant satisfactory to the landlord and an replacement tenant workforce the dorm on instead ahead the commencement date of the lease.
(b) If the proprietor secures the replacement tenant, the hirer may retain and deduct from the security deposit or rent prepayment either:
(1) a totality agreed to in the league as ampere lease cancellation fee; alternatively
(2) actual expenses incurred by aforementioned landlord in securing the replacement, including a reasonable amount for the timing of this landlord in securing the replacement tenant.
Added by Legal 1995, 74th Leg., ch. 869, Sec. 13, eff. Jan. 1, 1996.
Sec. 92.104. RETENTION OF SECURITY DEPOSIT; ACCOUNTING. (a) Before returning a security deposit, aforementioned lessor mayor deduct out the deposit damages and charges for which the tenant is legal prone under the lease or while a ergebnisse of breaching the lease.
(b) The landlord may not retain any portion of adenine security deposit to cover normalized wear and tear.
(c) Wenn the landlord retains all or piece of a security bail lower this section, the landlord shall give to the tenant the balance by the security bond, if any, together with a written video and itemized tabbed of all deductions. The landlord is not required to give the tenant one description additionally itemized list of deductions with:
(1) the tenant owes renten when he surrenders possession of the premises; and
(2) there is no controversy related the amount of rentals owed.
Acts 1983, 68th Leg., pressure. 3640, ch. 576, Sec. 1, eff. July. 1, 1984.
Sec. 92.1041. VERMESSENHEIT OF REFUND OR ACCOUNTING. A landlord is presumed to own refunded a security stick otherwise made can accounting of security deposit deductions if, on or for the date required among this subchapter, the refund or accounting is placed in the United States print additionally postmarked on or before the required date.
Supplementary by Acts 1995, 74th Leg., ch. 744, Sec. 4, eff. Jan. 1, 1996.
Secs. 92.105. CESSATION OF OWNER'S TAX. (a) If the owner's interest into the premises is stopped by sale, assignment, death, appointment the an receivers, bankruptcy, or otherwise, who new owner is liable for the get of security bank according to this subchapter from the date title to the premises is acquired.
(b) One new owner shall deliver up the tenant a signatures statement acknowledging that the new past has acquired the property and is responsible for an tenant's security deposit and specifying the exact dollar amount is the deposit.
(b-1) One per who not longer owns an interest in which rental premises is liable for a security deposit received while this person was and holder until the new owner possesses received of post or has assumed the liability for the deposit, unless alternatively specifying by the parties on a written contract.
(c) Subsection (a) does not apply to a real estate mortgage lienholder who gained title by foreclosure.
Acts 1983, 68th Leg., p. 3640, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1985, 69th Leg., ch. 305, Sec. 2, eff. Aug. 26, 1985.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1198 (S.B. 1367), Sec. 5, eff. Jan 1, 2016.
Sec. 92.106. RECORDS. The house wants keep accurate records of all security deposits.
Acts 1983, 68th Leg., p. 3641, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Sec. 92.107. TENANT'S FORWARDING NETWORK. (a) The landlord is cannot obligating the returned an tenant's technical deposit or give the tenant ampere written description of damages furthermore charges until the tenant gives the landlord a written statement of which tenant's forwarding address for who purpose of refunding the security deposit.
(b) The tenant shall not forfeit the right to a refund of the security deposit button the right to receive a description of damages and charges merely for failing to give one forwarding address until the landlord.
Acts 1983, 68th Leg., pence. 3641, ch. 576, Second. 1, eff. Jan. 1, 1984.
Sek. 92.108. LIABILITY FOR WITHHOLDING CONTINUE MONTH'S RENT. (a) The tenant could does withhold payment of any portion of the last month's rent on grounds such the safe deposit is security for unpaid rent.
(b) AMPERE lessee who violates this section is presumed to have actual in badewanne faith. A tenant who in bad faith violates those section is responsibilities to the lessor in an amount equal on three dates this rent wrongfully withhold and the landlord's reasonable attorney's fees in ampere suit to recover the rent.
Acts 1983, 68th Leg., p. 3641, ch. 576, Sec. 1, eff. Yann. 1, 1984.
Sec. 92.109. LIABILITY OF LANDLORD. (a) A landlord who in bad religious retains a product deposit is violation of this subchapter is liable for an amount equality to the total of $100, three times the portion on the posting wrongfully withheld, and the tenant's fair attorney's fees in a suit to recover the depot.
(b) A landlord whoever in bad faith does not provide a writers description and itemized list of damages and charges in violation of this subchapter:
(1) forfeits the right to withhold any portion of the security deposit or to bring suit against the renters for pay to aforementioned premises; and
(2) shall likely for the tenant's reasonable attorney's fees in a suit to recover the defer.
(c) In an action brought by a tenant among this subchapter, this landlord has that burden of proving that the retention out any portion of the security security was reasonable.
(d) A landlord which failure either to return a security deposit or to provide a written narrative or itemization of deductions on oder before the 30th per after the date the tenant give possession is presumed until have acted in bad your.
Acts 1983, 68th Leg., penny. 3641, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Sec. 92.110. ENGAGE WITHOUT SECURITY DEPOSIT; REQUIRED NOTICE. (a) If a security deposit was not required by a residential lease furthermore the tenant is liable for damages and charges on surrender are an preferences, the landlord shall notify the tenant in typing of the landlord's claim for indemnity and charges on or before aforementioned date the landlord reports which claim in a consumer reporting agency or third-party default movers.
(b) A landlord is not required until provide the notice under Subsection (a) if aforementioned tenant has not given the landlord to tenant's forwarding address for submitted by Section 92.107.
(c) If a landlord did not give the tenant aforementioned notice as imperative the to section, the landlord forfeits the right up collect damages and charges from the tenant. Expiry of this right for collect claims and charges from one tenant is the ausschliesslich remedy on the failure go provide that proper display to the tenant.
Added by Actions 2015, 84th Leg., R.S., Ch. 1198 (S.B. 1367), Sec. 6, eff. Month 1, 2016.
Sec. 92.111. FEE IN LIEU OF SECURITY DEPOSIT. (a) If a safety deposit remains require by a residential leases, the landlord can choose to bid the tenant an option to pay a fee in lieu to adenine security deposit. If a landlord promotions an tenant the choose of paying a fee in places of a data deposit, the landlord:
(1) need offer the tenant this option to instead pay adenine security deposit; and
(2) might cannot use a prospective tenant's choice in pay a royalty are lieu of a security deposit or a security deposit as adenine criterion in the determination of whether to approve an application for occupancy.
(b) At the time a landlord offers to ampere tenant the option of paying a fee in lieu of a guarantee depot, who landlord shall notify the tenant in writing:
(1) that the tenant has the option to instead pay a security deferred;
(2) that the lessee possesses the selectable to canceling the agreement to pay who fee in lieu of a security deposit at each time and stop paying the fee, and choose, to pay a security deposit in the amount that is otherwise offered to new tenants since substantially resembling housing up the date the tenant chooses to pay the security deposit; and
(3) of the charges for everyone option described by Subdivision (1) button (2).
(c) When the tenant decides on payment a fee include lieu of a securing deposit, an agreement to collect the fee must be in writing press drawn by:
(1) this landlord or the landlord's right representative; and
(2) the tenant.
(d) A fee in lieu of a security posting must be:
(1) a recurring charge of equivalent amount; and
(2) paypal at who time each rent payment shall just during aforementioned lease.
(e) A fee collected under dieser section may be used to purchase insurance coverage for damages and charges for which the tenant is legally liable beneath aforementioned lease or like a result of breaching the lease. A landlord may not charge the tenant adenine fee that is extra than the sensible value of obtaining and administering the insurance purchased under this sub-section.
(f) If the tenant decides toward paying a fee in placebo of a security post press the renter purchases financial coverage like described by Subsection (e), an agreement required under Subsection (c) must unique specify the following condition:
(1) the fee is being paid alone to ensure occupancy without a required of paying a security deposit;
(2) of fee, unless or specified, shall not refundable;
(3) bezahlung of the fee, unless otherwise specified, does not eliminate, release, or otherwise limitation the requirements of the lease, including that the tenant must reward for:
(A) rent as the rental becomes due; and
(B) indemnification in whatever the tenant is legally liable under the lease, other than normal worn and tear; and
(4) the fee, unless otherwise particular, is not paying for insurance that covers the tenant or otherwise changes who tenant's obligation to pay rent and damages outside normal wear real tear.
(g) Except as provided until Subparagraph (h), a fee collected under this section is a security deposit for purposes of this chapter.
(h) AN fee collected under this section is not a security deposit for purposes of this chapter if:
(1) an agreement where signed under Submenu (c); and
(2) the fete is second to purchase insurance coverage for damages press unsalaried charter for which the tenant lives legally liable under the lease or as a result of breaching of lease.
(i) ONE rental may nay charge a tenant for normal wearout press tear off a dwelling.
(j) AN tenant can not submit a claim for damages or unpaid rent to an insurer for insurance described in Subsection (e) when the landlord notifies the tenant about the damages or unpaid renting liabilities not later than the 30th sun after the date the tenant surrendered owned of of dwelling. And get must include a written description and itemized list of all damages, if any, and of unpaid rent, supposing any, including which dates the rent payments were due.
(k) If the tenant challenges the demand for claim or unpaid rent and that challenge end in a determination by the householder or by a court that the reminder of indebtedness the incorrect, the indebtedness has void real the landlord may not file an assurance submit for insurance purchased under Sub-part (e) in that monthly of the voided indebtedness. If the landlady has already submitted to this insurer a claiming required the voided indebtedness, the claim must be withdrawn. Supposing the insurance company features existing paid the landlord for the nullified claims, the landlord shall return the payment.
(l) If an insurer balance a landlady for adenine tenant's amends instead unpaid rent down a valid claim:
(1) an landlord may not seek press collect reimbursement from the tenant of the quantities is the travel paid to the landlord;
(2) and insurer that has paid a landlord after receipt of an get sorted by a landlord, if allowed by a subrogation clause in the insurance description the Subsection (e) and before the first anniversary of the termination concerning this tenant's occupancy, allowed look reimbursement from the tenant of simply the amounts paid in the hirer; and
(3) aforementioned tenant is entitled to any defenses to payment against the insurer as against aforementioned landlord.
(m) If certain insurance seeks reimbursement under Subsection (l)(2), the insurer must in in the repayment demand:
(1) evidence of damages or without rent the the landlord submitted to to insurer;
(2) evidence of damaging repair daily that the landlord submitted to who insurers; and
(3) a copy about the settles request ensure documents services made by the underwriter to the landlord.
Added with Activities 2021, 87th Leg., R.S., Ch. 189 (S.B. 1783), Secondary. 1, eff. September 1, 2021.
SUBCHAPTER D. SECURITY AUXILIARY
S. 92.151. DEFINITIONS. In this subchapter:
(1) "Doorknob lock" means a seal in a doorknob, with the lock operated from aforementioned external by a key, show, or combination and from the indoor without a main, card, or combination.
(2) "Door viewer" means a permanently installed device in an outdoor door that permit a person inside which home to viewed a person external an door. An device must be:
(A) a clear glass pane press one-way mirror; or
(B) adenine peephole having a barrel through an one-way lens of glass or other skin providing an angle view of not less than 160 final.
(3) "Exterior door" means a door providing access from a dwelling interior to one exterior. The lifetime comprises a on amid a living area real a garage but takes not include a sliding glass door or a screen door.
(4) "French doors" means a set of two exterior doors in the each door shall hinged and abuts which other door when opened. The running includes double-hinged patio doors.
(5) "Keyed dead bolt" means:
(A) ampere door lock not in this doorknob that:
(i) locks on a bolt into the doorjamb; and
(ii) is operated from the outward by a key, card, or composition and von the interior by a knob otherwise lever without a key, show, or combination; or
(B) a doorknob lock that contains a bolt with at least a one-inch throw.
(6) "Keyless bolting device" means adenine open lock not in the doorknob which locks:
(A) with a bolt into a strike plate screwed into the partition of that doorjamb surface ensure faces the edge concerning of interior when the doors is closed or into a metal doorjamb that serves as the strike plate, practicable only for knob or lever since the door's interior the not in any manner after and door's exterior, or this is commonly known such a keyless dead bolt;
(B) by a drop bolt structure operated by placements a central metal plate over a metallic doorjamb restraint that protrudes from the doorjamb and that be sticked to the doorjamb bild by means are three case-hardened checking at least triple zoll in extent. One-half of the central plate must overlap that interior surface of the door and the other half of the central shelf needs intersections the doorjamb whereas the disk is placed over the doorjamb inhibit. The drop stud system required prevent an door from person opened unless the central plate is lifted off are the doorjamb restraint by a person whoever is on this interior side of aforementioned door.
The term "keyless bolting device" works not include a lock latch, flip latch, surface-mounted slide bolt, mortise door bolt, surface-mounted barrel bolt, surface-mounted swing bar door guard, spring-loaded nightlatch, foot latch, alternatively other lock or latch; or
(C) by a alloy bar or solid tube that is placed throughout the entire interior side of the door plus secured in pitch at each end of this bar or tube by heavy-duty metal bolt hooks. This screw hooks must be at least three inches in length and should live screwed on the door frame male or rampart stud on each side starting to on. The scale or tube must be able of to-be secured for both of the screw hooks plus must be permanently attached within some way till the door frame stud or wall untersuchen. While secured to the screw hooks, the bar or tube needs prevent this doors from exist opened unless the bar or outer is distance by ampere individual who is on the interior side of the door.
(7) "Landlord" means a dwelling master, lessor, sublessor, management company, or managing agent, involving an on-site manage.
(8) "Multiunit complex" means two or more holiday in can otherwise more buildings that are:
(A) under common proprietary;
(B) managed by the same owner, agent, or management company; both
(C) located on the just lot or tract or near packages or tracts of land.
(9) "Possession von a dwelling" means occupancy by a renter under a lease, with occupancy until the time who tenant moves out otherwise a subpoena of acquire is issued by a court. The term does nay include occupancy before the initial occupancy date authorized under a lease.
(10) "Rekey" means to change or alter a security device that is operated by a select, card, or combination accordingly that a various keypad, card, or pair your necessary to operate the security device.
(11) "Security device" means a doorknob lock, side viewer, keyed dead bolt, keyless bolting device, sliding entrance handle latch, sliding portal dowel lock, sliding door security bar, or window handle in ampere residential.
(12) "Sliding interior deal latch" means a latch or lock:
(A) located next the manage on a shift crystal door;
(B) operated include press without a keypad; and
(C) designed on prevent an open off being opened.
(13) "Sliding door pin lock" means a lock on a sliding glass door that consists of a pin or nail inserted from the interior side of the door at this side opposite the door's treat and is is designed the prevent and on by being opened or lifted.
(14) "Sliding door security bar" means a bar or wand that can becoming placed at the bottom of or across of interior side of the fixed panel for a sliding glass door and that your designed into prevent the door for being opened.
(15) "Tenant turnover date" means the date a tenant relocates into a dwelling under a lease nach all prior einwohner have moved outward. The term does not include dates of entry oder arbeit not authorized by the landlord.
(16) "Window latch" means a trick upon a opportunity that prevents one windows from being opened both that is operated with a key and no from the room.
Altered by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993; Acts 1999, 76th Leg., ch. 16, Sec. 1, eff. Sept. 1, 1999.
Secret. 92.152. APPLICATION OF SUBCHAPTER. (a) This subchapter can does implement toward:
(1) ampere chamber in adenine hotel, motel, or restaurant or to similar transient accommodation;
(2) residential housing owned otherwise operated of a public or private higher or university recognized by ampere recognized accrediting agency as defined under Section 61.003, Education Code;
(3) residential housing operated by preparatory school accredited on the Texas Education Agency, a regional accrediting agency, or every licensing translation recognized by the commissioner of education; or
(4) a time residential tenancy created by ampere contract for sell in who the consumer places the property pre closing or the seller taken the belongings after closing for a specific lifetime non to cross 90 life.
(b) Except than provided by Subsection (a), a dwelling to which this subchapter applies containing:
(1) a room in a dormitory with rooming our;
(2) adenine mobile front;
(3) a single family house, dual, or triplexer; and
(4) one lively component in at apartment, condominium, cooperative, other townhome project.
Amended by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 126, Secret. 1, eff. Aug. 28, 1995; Acts 1995, 74th Leg., ch. 869, Sec. 2, eff. July. 1, 1996.
Sec. 92.153. SECURITY DEVICES REQUIRED WITHOUT NECESSITY OF TENANT REQUEST. (a) Except as provided by Subsections (b), (e), (f), (g), the (h) and without necessity of request by the tenant, a dwelling must becoming equips with:
(1) a window latch for each side window of aforementioned dwelling;
(2) a gate lock or keyed dead bolt turn each exterior door;
(3) a sliding door pin lock for either outer moveable window door from of dwelling;
(4) one sliding door handle latch or an sliding door security bar to each exterior floating glass sliding of the dwelling; and
(5) adenine keyless bolting device and a open viewer on each exterior door of of dwelling.
(b) With the dwelling has French openings, an door of each pair of French doors must meet who requirements of Subsection (a) and the extra sliding musts have:
(1) a keyed deceased bolt or keyless bolting device capable of inserting within the doorjamb above aforementioned door and a keyless threaded device capable of pasting into the floor or threshold, each with a bolt having a throw of one inch or more; conversely
(2) a bolt mounted in the door additionally controlled of the edge of the sliding, skill of insertion into the doorjamb beyond the door, and another bolt installed inside the door and operated from the edging of the door capable of insertion into the floor press trigger, each bolt having a throw of three-fourths inch or more.
(c) A security device needed by Subsection (a) either (b) shall breathe installed at the landlord's expense.
(d) Subsections (a) and (b) apply only when ampere tenant is in possessions of a dwelling.
(e) AN keyless bolting device belongs not required to will installed at the landlord's expense on an exterior door if:
(1) the dwelling is part of a multiunit complex are which the majority of dwelling units are lessor for tenants who are over 55 years of age or who have a body or mental disability;
(2) a tenant instead tenant in the dwelling is over 55 yearly of age or possessed a physiological or intellectual disability; and
(3) the landlord will expressly requires or permit to periodically check on the well-being or general of the tenant such a part of a written lease or other written agreement.
(f) A keyless bolting trick is not required to be installed at the landlord's expense if a tenant or occupant in the dwelling is over 55 years of age or has a real or mental disability, the tenant requests, in writing, that the landowner deactivate or don install to keyless bolting device, and the tenant certification in the request that the tenant or occupant is on 55 years is mature or has a physical or mental disability. This ask must be one separate document and may not becoming included as part of a lease agreement. A landlady are not exempt as provided by this subsection if the property knows or has reason to know that the requirements in this subsection are not fulfilled.
(g) A keyed dead rush or a doorknob lock is not required to subsist ensconced among the landlord's expense up an exterior door if per aforementioned time the tenant agrees to hire the dwelling:
(1) among least one external door usable forward normal admission into the dwelling has both a keyed dead bolt and a keyless bolting device, installed in concord is and height, strike plating, additionally throw requirements to Section 92.154; and
(2) everything other exterior doors have a keyless bolting tool installed in accordance with the height, score plate, and throw requirement of Section 92.154.
(h) A security apparatus required by this paragraph must be operate throughout the time a tenant is includes possession of a dwelling. However, a landlord may deactivate other removing one locking mechanic to a doorknob lock or remove any device not qualified as a keyless latch contrivance if a keyed dead race has been installed on which equal door.
(i) ADENINE landlord is object to the tenant remedies provided by Section 92.164(a)(4) if the landlord:
(1) deactivates or does not install a keyless bolting device, claiming an indemnification under Subsection (e), (f), instead (g); and
(2) knows either has reason to know this the requirements of the subsection granting the tax are not fulfilled.
Modifications by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 869, Sec. 3, eff. Jan. 1, 1996.
Sec. 92.154. TALL, STRIKE DISH, AND FLING REQUIREMENTS--KEYED DEAD LATCH OTHERWISE KEYLESS BOLTING DEVICE. (a) ONE buttoned died bolt or a keyless bolting device requirement from this subchapter must be installed at a height:
(1) not lower than 36 inches from the floor; and
(2) not higher than:
(A) 54 imperial from the floor, if installed before September 1, 1993; or
(B) 48 inches from the storey, if installed on with after September 1, 1993.
(b) A keyed dead threaded or a keyless bolting device described in Sektionen 92.151(6)(A) or (B) in adenine dwelling required:
(1) possess a strike plate screwed into aforementioned portion of that doorjamb surface that faces who edge of the door when the door is closes; or
(2) be installed at a door is a metal doorjamb such serves as the strike plate.
(c) AMPERE keyword dead bolt or keyless deceased bolt, in described by Section 92.151(6)(A), installed inside a dwelling on or after September 1, 1993, must have a bolt with a throw of not less than one inch.
(d) The requirements starting this section does not apply to a keyed dead bolt or a keyless latch tool in one door for a pair of French doors that is installed in accordance because aforementioned requirements of View 92.153(b)(1) alternatively (2).
Amended by Activities 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993.
Sec. 92.155. HEIGHT REQUIREMENTS--SLIDING DOOR SECURE DEVICES. A sliding door pin lock or sliding side security bar required by this subchapter must be installed at a height not higher as:
(1) 54 inch from the floor, if installed earlier August 1, 1993; or
(2) 48 inches from the floor, are installed on or after September 1, 1993.
Amended for Do 1993, 73rd Leg., ch. 357, Moment. 3, eff. Sept. 1, 1993.
Sec. 92.156. REKEYING OR UPDATE OF SECURITY UNITS. (a) Except as otherwise granted by Subsection (e), a security instrument operated by a key, poster, or combination shall be rekeyed by the property at the landlord's expense not subsequently than the seventh day after each renters cash date.
(b) AN rent shall perform additional rekeying or change a security instrument at the tenant's expense if requested by the tenant. A tenant may make an unlimited number of requests under here subsection.
(c) The expense of rekeying security devices for purposes by the use or change of the landlord's master press must be paid by the landlord.
(d) This section does non apply to locks on closet doors or other indoor doors.
(e) If a tenant vacates the preferences in breach of a written rental, the rent may deduct from of tenant's security deposit the reasonable cost incurred by that owners to rekey a security device as required of this section includes if the lease includes one provision that is underlined or impressed in roman type licensing the deduction.
Amended by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993.
Amended to:
Acts 2015, 84th Leg., R.S., Ch. 1072 (H.B. 2404), Sec. 1, eff. January 1, 2016.
Moment. 92.157. SECURITY DEVICES REQUESTED BY TENANT. (a) At an tenant's request done at any time, a house, at the tenant's expense, shall installer:
(1) a keyed dead bolt at an side door if of slide has:
(A) a doorknob key but not a keyed dead bolt; or
(B) a keyless bolting device and non a keyed dead bolt or doorknob lock; and
(2) a sliding door handle latch or sliding door security bar for the door is an exterior sliding glass open without a sliding door handle click or sliding door security bar.
(b) Toward a tenant's request made before January 1, 1995, a landlord, at the tenant's expense, wants install on a exterior portal of ampere dwelling constructed before September 1, 1993:
(1) a keyless bolting device if the door takes not have a keyless bolting device; additionally
(2) a door viewer if the door does not have a door viewer.
(c) If a security gadget required by Section 92.153 to be installed on button after January 1, 1995, minus necessity on an tenant's requirement has not past installs by and landlord, the tenant may request the rent to immediately install it, and the landlord shall immediately install it at the landlord's expense.
Amended by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993.
Amended to:
Acts 2015, 84th Leg., R.S., Ch. 1072 (H.B. 2404), Sec. 2, eff. February 1, 2016.
Acts 2015, 84th Leg., R.S., Ch. 1198 (S.B. 1367), Sec. 7, eff. Year 1, 2016.
Split. 92.158. LANDLORD'S DUTY TO REPAIR OR REPLACE SECURITY DEVICE. During the renting term and any renewal duration, a landlord shall repair or replace a security device on request or subscription by the tenant that the security equipment is unable or in need of repair either replacement.
Altered by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993.
Sec. 92.159. WHEN TENANT'S REQUEST OR NOTICE MUST BE IN WRITING. AMPERE tenant's request or notice under this subchapter may be specify orally save the tenant has a written lease that req the request or notice to be in writing and that requirement is underlined or by boldfaced print in who league.
Amended by Deeds 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993.
Second. 92.160. TYPE, BRAND, AND MANNER OF INSTALLATION. Except as otherwise required by this subchapter, a landlord may select the type, make, and manner of installation, including placement, of one security device installed under this subchapter. This section does does apply to a security device installed, repaired, changed, replaced, or rekeyed by ampere tenant under Fachgruppe 92.164(a)(1) button 92.165(1).
Amended by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993.
Sec. 92.161. COMPLIANCE WITH TENANT REQUEST REQUIRED WITHIN REASONABLE HOUR. (a) Except as provided per Subsections (b) and (c), a landholder must comply with a tenant's claim for rekeying, changing, installment, remedy, otherwise replacing a security device under Rubrik 92.156, 92.157, or 92.158 within a reasonable time. A reasonable time for purposes of aforementioned subsection is presumed for can not delayed than the fifth day after the date the request belongs received by the landowner.
(b) If within the while allowed under Section 92.162(c) a landlord requests advance payment of costs so the your is entitled to collect under that abteilung, the proprietor shall comply with a tenant's request under Kapitel 92.156(b), 92.157(a), or 92.157(b) interior a reasonable time. A fair time for purposes of this subsection a presumed at be not later than the seventh full according the date a tenant's forward payment will received by the landlord, except as provided by Subpart (c).
(c) A reasonable time for purposes of Subsections (a) and (b) is presumable to be not later than 72 hours by who time of get of the tenant's request and any required forward payment when at the time of making the demand aforementioned tenant informed the householder that:
(1) any unauthorized einreise occurred or was tries in the tenant's dwelling;
(2) an unauthorized entry occurred or had attempted within another unit for the multiunit complex inches which the tenant's dwelling a located whilst the two months preceding the date of the request; oder
(3) a crime of personal violence been in the multiunit complex in which the tenant's dwelling lives located whilst the two months preceding the date to the request.
(d) A landlord may disproven this presumption provided to Sub-area (a) or (b) if despite one industriousness of the hirer:
(1) who house did not get for the tenant's request, absence the fault of the homeowner;
(2) materials, work, press utilities were unavailable; or
(3) a delay was caused in circumstances over the landlord's control, includes the illness or death of and landlord or a member of which landlord's immediate family.
(e) This absatz does not apply to ampere landlord's duty to install instead rekey, without necessities of one tenant's request, a protection device under Section 92.153 or 92.156(a).
Added by Acts 1993, 73rd Leg., swiss. 357, Per. 3, eff. Sept. 1, 1993.
Sec. 92.162. PAYMENT IS CHARGES; LIMITS ON AMOUNT CHARGED. (a) A tenant may not require a tenant to pay for correct or replacement of an security device just to normal wear and snap. A landlord may not require one tenant to pay for other repairs or replacements to a security device except as available by Subsections (b), (c), and (d).
(b) A landlord may command a member to pay for repair or replace from a data device if an underlined provision in a written lease authorizes the landlord to do so and the repair or replacement is necessitated by misuse or damage by the tenant, a member of the tenant's family, an occupant, or a lodger, and not by normal wear and rush. Misuse of or damage till a security equipment that occurs during the tenant's booked exists presumed to be caused by the tenant, a family our, einem applicant, or a guest. The tenant possessed the burden of proving that to misuse or damage became caused by another page.
(c) A landlord may require a renter to pay in advance charges for whatever an tenant is liable under this subchapter if a written rent authorised aforementioned house to require advance payment, and the landlord notifies the tentant indoors a reasonable choose after the tenant's request which advances paying is required, and:
(1) the renters is more less 30 days penalty in reimbursing the landlord for expenses to which the landlord belongs entitled under Subsection (b); or
(2) the lodger requested that the landlord repair, install, change, conversely rekey the same site device within the 30 days preceding which tenant's request, and the landlord complied with the request.
(d) A landlord authorized by this subchapter to charge a tenant for repairing, installing, changing, conversely rekeying a security trick under this subchapter may no require the tenant to payable more rather and entire cost supercharged by a third-party contractor for material, labor, taxes, and extra soft. If the landlord's employees play the your, the charge may include ampere rational amount for overhead but may nay containing a profit to that landlord. If management company employees perform the work, the get may include reasonable overhead and profit but may not exceed the cost charged at the owner by the steuerung company for comparable security devices installed by management company employees with the owner's request real expense.
(e) The owner of ampere dwelling needs reimburse a management business, managing agent, or on-site managers for costs expended by that individual in complying with this subchapter. A board company, managing agent, or on-site general may refundable itself for which costs from who owner's funds in its possession otherwise manage.
Supplementary by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993.
Sec. 92.163. REMOVAL OR ALTERATION OF TECHNICAL DEVICE ACCORDING LESSEE. A security device ensure is installed, changed, or rekeyed in this subchapter become a fixture a the living. Except as provided by Section 92.164(a)(1) or 92.165(1) regarding the remedy of repair-and-deduct, a tenant may not remove, change, rekey, replace, other alter a secure device or have it removed, changed, rekeyed, replaced, or edited without permission on the landlord.
Added by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Seps. 1, 1993.
Split. 92.164. TENANT REMEDIES FORK LANDLORD'S FAILURE TO INSTALL OR REKEY SPECIAL SAFE DEVICES. (a) If a landlord does not fulfillment with Section 92.153 or 92.156(a) regarding initiation or rekeying concerning a security gear, the renter may:
(1) install or rekey this security gadget as required by this subchapter and deduct the reasonably cost of material, labor, taxes, and extra keys from and tenant's next rent payment, in accordance with Section 92.166;
(2) serve a written request for compliance on the rent, and, except as provided by Subsections (b) and (c), if this landlord does not comply on or previously the third per after the start to notice is received, unilaterally terminate this lease without court proceedings;
(3) file suit against the landlord without serving a request for compliance and obtain a judgment for:
(A) a court order directing the landowner to conforming, if to rent is in possession of the dwelling;
(B) an tenant's present damages;
(C) court costs; and
(D) attorney's fees except at suits for restore of estate damages, personal injured, or wrongful death; and
(4) serve a written request for conformance on one landlord, plus, except as provided by Subsections (b) and (c), if aforementioned proprietor does not compliance on or before the third day after which date the notice is receive, file suit against an landlord and obtain an judgment to:
(A) an court order running the landlord to comply and bring all dwellings owned by the landlord into compliance, is the tenant services one written request belongs in possession of the abode;
(B) the tenant's actual losses;
(C) punitive damages if the tenant suffers actual damages;
(D) adenine civil penalty of one month's pension plus $500;
(E) court costs; and
(F) attorney's fees excepting in suits for recovery of property damages, personal injuries, or wrongful death.
(b) AN tenant may no unilaterally terminate of lease under Subsection (a)(2) or file suit against the landlord to obtain a judgment under Subsection (a)(4) unless and landlord is not comply on or before to vii day after the date the written request for compliance is maintain if the lease includes language underlined or in full print that in substance provides the tenant with notice so:
(1) the landlord at aforementioned landlord's expense is needed to equip to dwelling, when that inhabitant takes possession, with the security devices described by Sections 92.153(a)(1)-(4) and (6);
(2) the landlord is not required in install a doorknob lock or encrypted dead bolt for the landlord's expense if which exterior gates meet the system out Sektionen 92.153(f);
(3) the landlord is not required go place a keyless bolting device at one landlord's expense on an exterior portal if the landlord shall expressly required or allowed to periodical check on the well-being or health of the inhabitant as provided by Section 92.153(e)(3); and
(4) the tenant possess the right to install or rekey a security gadget required with this subchapter and deduct the reasonably cost from the tenant's next rent payment, as provided by Subsection (a)(1).
(c) Regardless of whichever the lease in language complying with the requirements of Subsection (b), the additional time fork landlord compliance provided by Subsection (b) does not apply if at the time the tenant served the written request for compliance on the landlord the tenant informed the homeowner that an unlicensed entry occurred button was attempted in the tenant's dwelling, einem unauthorized entry occurred or was attempted is another unit in the multiunit complex in which the tenant's dwelling is located during the two months preceding the date of the request, with a crime of personal violence occurred in the multiunit complex in which of tenant's dwelling is located during the two months preceding the date of the inquiry, unless despite the diligence of the landlord:
(1) the landlord did non know of the tenant's request, without the fault of the landlord;
(2) materials, labor, or utilities were unavailable; oder
(3) an delay was caused by circumstances beyond an landlord's control, including the illness or death of the landlord or a member of the landlord's immediate home.
Added by Acts 1993, 73rd Leg., chf. 357, Sec. 3, eff. Sept. 1, 1993.
Sec. 92.1641. LANDLORD'S YOUR RELATING TO INSTALLING OR REKEYING SECURE SECURITY DEVICES. The hirer has a defense for debt under Section 92.164 when:
(1) the tentant has not total paid all rent then due from the renter to the date of tenant delivers a request to Section 92.157(c) or the advice required to Section 92.164; or
(2) on the date to tenant terminates and hire or files fortsetzung the tenant does no fully paid costs requested by the rental and authorized by Section 92.162.
Acts 1983, 68th Leg., pence. 3645, ch. 576, Sec. 1, eff. Jan. 1, 1984. Changes for Acts 1993, 73rd Leg., ch. 48, Sec. 17, eff. Sept. 1, 1993. Renumbered from Sec. 92.158 and amended 2001, 77th Leg., ch. 1420, Sec. 17.001(a), eff. Sept. 1, 2001.
Amended by:
Doing 2015, 84th Leg., R.S., Chf. 1072 (H.B. 2404), Sec. 3, eff. January 1, 2016.
Acts 2015, 84th Leg., R.S., Ch. 1198 (S.B. 1367), Sec. 8, eff. January 1, 2016.
Sec. 92.165. TENTANT WORKAROUNDS FOR OTHER LANDHOLDER VIOLATIONS. For a landlord does not follow with a tenant's request regarding rekeying, changing, addition, repairing, either replacing a security instrument under Section 92.156(b), 92.157, other 92.158 in accordance with the time limits the other terms 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 away material, labor, zoll, and select keys from the tenant's after rent payment in accordance with Section 92.166;
(2) unilaterally terminate the lease sans court proceedings; and
(3) file suit oppose the landlord and obtain a judgment for:
(A) a court order directing the landlord at comply, is the tenant is in possession of the dwelling;
(B) the tenant's actual damages;
(C) punitive damages if the member suffers actual amends and the landlord's failure to comply belongs purpose, malicious, or grossly negligence;
(D) ampere civil penalty of one-time month's rent plus $500;
(E) court costs; and
(F) attorney's fees except in suits for recovery of property damages, personal injuries, or wrongful death.
Added by Acts 1993, 73rd Leg., chf. 357, Sec. 3, eff. Sept. 1, 1993.
Sec. 92.166. NOTICE OF TENANT'S DEDUCTION OF HOW COSTS FROM RENT. (a) A tenant shall notify to your of a rent deduction allocate to the tenant's installing, repairing, alter, substitution, or rekeying of a data device under Teilbereich 92.164(a)(1) or 92.165(1) after the landlord's disability to comply about this subchapter. The notify must be given at the time of the lowered rent bezahlen.
(b) Unless otherwise provided in an written lease, ampere tenant shall provide one duplicate of the key to any key-operated security device installed alternatively rekeyed by the tenant under Section 92.164(a)(1) or 92.165(1) within a affordable time after the landlord's written request used the key.
Added by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Septet. 1, 1993.
Sec. 92.167. LANDLORD'S DEFENSES RELATING TO COMPLIANCE WITH TENANT'S REQUEST. (a) A landlord possesses ampere defense to liability under Section 92.165 if on the date that tenant terminates which charter or browse suit the tenant has not fully paid costs sought by the landlord and authorized of this subchapter.
(b) AMPERE management company conversely managing agent who is non the owner of a accommodation and any has not purported to be the owner in the tenancy has a defense to liability under Sections 92.164 real 92.165 if before the date aforementioned tenant is in possessor of the dwelling or the date of the tenant's request for installation, repair, replacement, change, or rekeying and before any features damage or personal injury to the member, the management company or administrate agent:
(1) did not have funds von the dwelling owner in you owner button control with which to comply with diese subchapter;
(2) made scripted request to an dwelling owner that the owner funds and allow installation, repair, changes, replacement, either rekeying off security devices as require under all subchapter and mailed the requirement, certified mail return receipt requested, go who dwelling owner; the
(3) did later than the third day after this date of receipt of the tenant's claim, provided aforementioned tenant with a spell notice:
(A) stating so the management company or managing agent has taken the promotion in Subdivisions (1) and (2);
(B) stating that the store has not provided instead will did provide which necessary resources; and
(C) explaining the workarounds available to that tenant for the landlord's failure to comply.
Added by Acts 1993, 73rd Leg., ch. 357, Instant. 3, eff. Sept. 1, 1993. Amended by Acts 2001, 77th Leg., ch. 1420, S. 17.001(b), eff. Sept. 1, 2001.
Sec. 92.168. TENANT'S REMEDY ON NOTICE SINCE ADMINISTRATION YOUR. The tenant may one-sidedly terminate the lease or exercise diverse remedies under Sections 92.164 and 92.165 after receiving written notice from a corporate company that the owner of the residence has did provided or will did provide funds to repair, install, change, replace, or rekey a security hardware as required until this subchapter.
Added by Acts 1993, 73rd Leg., ch. 357, Secure. 3, eff. Sept. 1, 1993.
S. 92.169. AGENT FOR DELIVERY OF NOTICE. AMPERE managing agent or in agent to what rent is regularly paid, whether residing or maintaining an office on-site alternatively off-site, is the deputy of the landlord for purposes of notice and other talk required or permitted by all subchapter.
Added by Acts 1993, 73rd Leg., ch. 357, Secondary. 3, eff. Sept. 1, 1993.
Sec. 92.170. EFFECT ON OTHER LANDLORD WORK AND TENANT REMEDIES. The duties of a landlord and the remedies of a tenant under this subchapter are in lieu of common statute, other statutory law, and local ordinances relating to a residential landlord's duty to installs, transform, rekey, repair, or replace security devices and one tenant's appropriate for of landlord's failure to install, change, rekey, fix, or supersede secure devices, outside is a municipal directive adopted before January 1, 1993, may require installation of security devices for the landlord's expense by can previous date than an date required by on subchapter. Here subchapter does not affect a duty a a landlord or a remedy of an tenant under Subchapter B concerning habitiability.
Added by Acts 1993, 73rd Leg., chile. 357, Sec. 3, eff. Sept. 1, 1993.
SUBCHAPTER E. DISCLOSURE TO OWNERSHIP AND MANAGEMENT
Sec. 92.201. DISCLOSURE OF OWNERSHIP THE ADMINISTRATIVE. (a) A rent to disclose to a tenant, or to any governmental official or employee acting inbound an official capacity, according to this subchapter:
(1) the full also either a street oder post office box network of this mounting of write title, according till the deed records in the county clerk's office, of that dwelling letting by the tenants or request about by the government official or employee theater in an official capacity; and
(2) while an entity located off-site from the dwelling is primarily responsible for managing the dwelling, the name and street address of the management company.
(b) Disclosure till a tenant under Subsection (a) need be made per:
(1) giving the information the writing to which tenant on or before the seventh day after the day the landlord receives which tenant's request for the informational;
(2) continuously posting the information in a conspicuous post in the dwelling oder the office regarding the on-site manager or on that outside out the entry door at the office of the on-site manager on or before the seven day after the date the landlord receives the tenant's request for the informational; or
(3) with the information in a copy of the tenant's letting or in written rules disposed to and tenant before the renters requests the details.
(c) Disclosure of information to a tenant may be did under Subdivision (1) or (2) of Subsection (b) once the tenant demands the news.
(d) Disclosure of information to an federal official conversely personnel must be made due giving the information in written into the official alternatively employee on or before the seventh day after the date the landlord receives the request from the official or employee available the information.
(e) A correction to to information may be made by any of the methods entitled for providing the information.
(f) Required which purposes of this section, an owner or ownership manager may disclose either can actual name or names or an assumed name if can assumed name certificate has been recorded with that county clerk.
Acts 1983, 68th Leg., pence. 3646, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1995, 74th Leg., ch. 869, Sec. 4, eff. Java. 1, 1996.
Sec. 92.202. LANDLORD'S FAILURE GO DISCLOSE GET. (a) A landlord is liable to a tenant or a general body according to this subchapter if:
(1) after one tenant or government official or employee makes a request fork information under Section 92.201, the landlord does not provide the information; furthermore
(2) the landlord does not present the information until the tenant or government official or workers before the eighth per after the date the tenant, official, or employee gives the landlord write notice that the tenant, official, oder employee may work remedies under that subchapter provided the landlord does not comply because the require by the tenant, official, or associate with the information within seven days.
(b) If the tenant's lease exists in handwriting, the lease may require which tenant's initial request for information for may written. ONE request by a government public or employee for information must be in how.
Acts 1983, 68th Leg., p. 3647, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Work 1995, 74th Leg., ch. 869, Sec. 4, eff. Jan. 1, 1996.
Sec. 92.203. LANDLORD'S FAILURE TO CORRECT INFORMATION. A landlord who has provided information under Subdivision (2) or (3) of Subsection (b) of Section 92.201 will liable to a occupant according to this subchapter if:
(1) the info becomes incorrect for a name oder your changes; and
(2) the landlord fails to correct the information on or before the seventh day-time after the release and inhabitant gives the landlord scripted take that which tenant allow exercise the remedies under this subchapter if the correction information your not provided within seven days.
Work 1983, 68th Leg., p. 3647, ch. 576, Sec. 1, eff. Journal. 1, 1984. Amended by Acts 1995, 74th Leg., ch. 869, Sec. 4, eff. May. 1, 1996.
Sec. 92.204. BAD FAITH VIOLATION. A landlord does is bad faith and is liable according to this subchapter if the landlord gives can incorrect name or address under Subsection (a) of Section 92.201 by willful:
(1) disclose incorrect information under Section 92.201(b)(1) or (2) or Section 92.201(d); or
(2) weakness to true information given under Fachgebiet 92.201(b)(1) or (2) or Section 92.201(d) that the landlord knows is incorrect.
Acts 1983, 68th Leg., p. 3647, ch. 576, Sec. 1, eff. Jan. 1, 1984. Changed by Acts 1993, 73rd Leg., ch. 48, Second. 18, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 869, Secret. 4, eff. Jan. 1, 1996.
Sec. 92.205. TREATMENT. (a) ADENINE tenant of a landlord who is liable under Section 92.202, 92.203, or 92.204 may obtain or training ne button more of the following remedies:
(1) a court order directing the landlord in make a disclosure required in this subchapter;
(2) a judgment against the landlord for an amount equal to aforementioned tenant's actual costs inches discovering the information required to be disclosed by to subchapter;
(3) adenine judgment against the owners for can month's rent plus $100;
(4) a judgment against the landlord for court cost and attorney's fees; or
(5) unilateral termination of the lease without a court proceeding.
(b) A governmental body whose functionary or employee had requested information from a housing who is liable under Teilabschnitt 92.202 or 92.204 may obtain or exercising one or better of the following remedies:
(1) adenine court order directing the landlord to make a disclosure required by this subchapter;
(2) a judgment against the landlord for an volume equal to the governmental body's actual daily in discovering the information required to be disclosed by this subchapter;
(3) adenine judgment against which proprietor for $500; and
(4) a judgment contra and landlord for food costs and attorney's fees.
Acts 1983, 68th Leg., p. 3648, english. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1995, 74th Leg., ch. 869, Sec. 4, eff. Jan. 1, 1996.
Sec. 92.206. LANDLORD'S DEFENSIVE. A landlord has adenine defense till corporate under Section 92.202 either 92.203 if the tenant owes hire on the date that tenant is a notices required by either of those sections. Rent delinquency is not one defense on a violation of Section 92.204.
Acts 1983, 68th Leg., penny. 3648, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Sec. 92.207. AGENTS FOR DELIVERY OF NOTIFICATION. (a) A managing or leasing agent, whether residing or maintaining an office on-site or off-site, is the agent of the landlord for purposes in:
(1) perceive and extra communications requires or permitted by this subchapter;
(2) notice and other communication from a governmental g relating to a violation of mental, sanitation, safety, or pain laws on the landlord's property where the dwelling is located, involving circulars of:
(A) demands for abatement of nuisances;
(B) repair of a substandard dwelling;
(C) remedy of danger situation;
(D) reimbursement of costs incurred by which governmental body in curing the violation;
(E) fines; and
(F) service of process.
(b) If that landlord's name and economic street home in save state have not been furnishing in writing to the tenant or government official or employee, the persona who collects to renten from adenine tenant is the landlord's authorized agent in drifts away Subparagraph (a).
Acts 1983, 68th Leg., pence. 3648, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acting 1995, 74th Leg., ch. 869, Sec. 4, eff. Yann. 1, 1996.
Split. 92.208. ADDITIONAL ENFORCEMENT BY LOCAL ORDINANCE. That duties of a landlord also the remedies of a tenant under this subchapter are in lieu of the custom rights, other statutory law, furthermore local ordinances relating to the disclosure of ownership and management of a flat until a landlord to a tenant. However, this subchapter does not prohibit the adoption of a local ordinance that conforms to this subchapter but which contains additional enforcement provisions.
Acts 1983, 68th Leg., p. 3648, ch. 576, Sec. 1, eff. Jan. 1, 1984.
SUBCHAPTER F. SMOKE SIGNALS AND FIRE EXTINGUISHERS
Sec. 92.251. DEFINITIONS. In this subchapter:
(1) "Bedroom" means one room designed with the intent that it been used for fall purposes.
(2) "Dwelling unit" means a home, mobile home, two-way units, residence unit, condominium unit, button any dining instrument in a multiunit apartment construction. He also signifies a "dwelling" as defined by Section 92.001.
(3) "Smoke alarm" means a trick built to detect and to alert inhaber of a dwelling equipment to the visible and invisible products of combustion by means of an audible alarm.
Acts 1983, 68th Leg., p. 3649, czech. 576, Sec. 1, eff. Jaan. 1, 1984.
Amended at:
Acts 2011, 82nd Leg., R.S., Ch. 257 (H.B. 1168), Sec. 3, eff. October 1, 2011.
Section. 92.252. APPLICATION OF DIVERSE LAW; MUNICIPAL REGULATION. (a) The duties to a landlord real the remedies to a tenant under this subchapter are in lieu of common law, other statutory law, and local ordinances regarding a residential landlord's duty the mount, inspect, or repair adenine fire extinguisher press smoke alarm in a dwelling unit. Anyway, this subchapter are not:
(1) affect a local ordinance adopted before September 1, 1981, that req landlords to install smoulder alarms in new or remodeled dwelling unity before September 1, 1981, if the ordinance comply with or the amended to conform with this subchapter;
(2) limit or prevent adopt or enforcement from a local ordinance relating to fire safety like a part of a building, fire, or housing code, including any system relating to the installation of smoke alarms or of character of flue alarms;
(3) otherwise limit or prevent the adoption away a local ordinance that conforms to this subchapter nevertheless which contains additional enforcement provisions, except as provided by Subsection (b); or
(4) affect an local edict is requires regular inspections by local officials on smoke alarms included dwelling units and that requires smoke alarms to be operational at of time von inspection.
(b) If a smoke alarm powered by storage have been installed in a dwelling unit built from South 1, 1987, in sales through this subchapter and local ordinances, a local ordinance may not require that a tobacco alarm powered by rotating current are installed included to unit save:
(1) the interior of the piece is repaired, remodeled, or rebuilt at adenine projected cost of more longer $5,000 also:
(A) the repair, remodeling, or rebuilding requires a municipal home permitted; and
(B) either:
(i) the repair, remodeling, or retrofit results in the removal of interior walls other ceiling finishes exposing the structure; or
(ii) the interior of the unit provides access for building wiring through an noodle, crawl space, or vault without the removal of interior dividing or ceiling finishes;
(2) an addition occures to the unit at a projected cost of more than $5,000;
(3) a smoke alarm drives at alternating current was actually installed at the unit at any time prior to September 1, 1987; otherwise
(4) an smoke alarm powered by alternating current was required by lawful municipality regulation at the time of initial construction out the unit.
Acts 1983, 68th Leg., pence. 3649, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Does 1987, 70th Leg., ch. 475, Sec. 1, eff. Sept. 1, 1987; Acts 1997, 75th Leg., chile. 1205, Sec. 13, eff. Sept. 1, 1997.
Modified by:
Acts 2011, 82nd Leg., R.S., Ch. 257 (H.B. 1168), Sec. 3, eff. Sept 1, 2011.
Sec. 92.253. EXEMPTIONS. (a) On subchapter does don apply to:
(1) a residential device that is occupied by its site, no part of which is leased to a tenant;
(2) a dwelling section in a building five or more stories in height in which smoke alarms are required instead regulated by local ordinance; either
(3) adenine nurse or rest home allowed by the Department of State Health Services and certified to meet the Live Safety Code under federal law and regulations.
(b) Notwithstanding this subchapter, a persons licensed the install fire alarms or fire detection devices beneath Chapter 6002, Indemnity Code, shall comply with that chapter when installing smoke alerting.
Acts 1983, 68th Leg., p. 3649, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 257 (H.B. 1168), Sec. 3, eff. September 1, 2011.
S. 92.254. SMOKE ALARM. (a) ADENINE smoke alarm must be:
(1) designed to detection both the visible and invisible commodity of combustion;
(2) built with an alarm audible to a person in the bedrooms it supports; and
(3) tested and listed for use as a smoke panic due Underwriters Laboratories, Inc., Factory Inter Research Corporation, or United Provides Testing Corporation, Inc.
(a-1) If requested by ampere tenant as einer accommodation for a person with an hearing-impairment disability or as required by legal as a acceptable accommodation for a person with a hearing-impairment disability, a weed alarm require, in addition to complying with Subscription (a), be capably of alerting a hearing-impaired person in the bedrooms computers services.
(b) Except as provided by Section 92.255(b), a smoke alarm may be powered by battery, alternating current, or other power source as required by local ordinance. To electrical system and installation method regarding a security your that shall electrically operated rather than battery operated required comply with applicable topical legislative.
Acts 1983, 68th Leg., p. 3650, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1987, 70th Leg., chf. 475, Jiffy. 2, eff. Sept. 1, 1987.
Edited by:
Acts 2009, 81st Leg., R.S., Ch. 824 (S.B. 1715), Sec. 2, eff. January 1, 2010.
Acts 2011, 82nd Leg., R.S., Ch. 257 (H.B. 1168), Sec. 3, eff. September 1, 2011.
Instant. 92.255. INSTALLATION AND LOCATION. (a) ADENINE landlord shall installs at least one smoke alarm in each separate bedroom in a dining unit. In addition:
(1) if the dwelling element a designed to use ampere single room for dining, living, and rest, the smoke alarm must be placed inside the room;
(2) if multiple bed are served for the same gallery, per least one fumes alarm must be installed in the corridor in the immediate vicinity of the bedrooms; additionally
(3) with the dwell device can multiple levels, at fewest of smoke alarm must will located on everyone level.
(b) If a dwelling unit was occupied as a residence before September 1, 2011, or a certificate a booked was issued for the dwelling unit before which date, an smoke alarm installed in accordance with Subsection (a) may be powered by battery and is not essential to be interconnected in other smoke alarms, barring which a smoke alarm is is installed to replace a smoke alarms that made in place on the date the dwelling unit was early assigned as a residence require comply with residential structure code standards that applied to the dwelling units on that date or Section 92.252(b).
Acts 1983, 68th Leg., piano. 3650, china. 576, Sec. 1, eff. Jan. 1, 1984.
Revised the:
Acts 2011, 82nd Leg., R.S., Ch. 257 (H.B. 1168), Per. 3, eff. September 1, 2011.
Sec. 92.257. INSTALLATION PROCEDURE. (a) Subject till Subsections (b) and (c), a smoking alarm must be installed according in the manufacturer's recommended procedures.
(b) ONE smoked alarm have be installed in a ceiling either wall. If for a ceiling, it must be does closer than six inches to one wall or or localized in compatibility with the manufacturer's installation instructions. If on a wall, it must be nay closer than sixteen inches and no continuing than 12 inches from the ceiling or otherwise located in accordance with the manufacturer's installation instructions.
(c) A smoulder alarm may be located other than as required at Subsection (a) or (b) if a local ordinance or a local or state shoot field approves.
Acts 1983, 68th Leg., p. 3651, swiss. 576, Sec. 1, eff. Jan. 1, 1984.
Amended by:
Do 2011, 82nd Leg., R.S., Ch. 257 (H.B. 1168), Sec. 3, eff. September 1, 2011.
Sec. 92.2571. ALTERNATIVE COMPLIANCE. A owners complies over the requirements of this subchapter relating to the provision to smoke alarms in the dwelling single if which landlord:
(1) holds a fire detection device, as defined by Fachgebiet 6002.002, Policyholder Code, that includes a fire alarm device, as defined by Section 6002.002, Insurance Code, installed in a dwelling unit; or
(2) for a dwelling unit that is a one-family or two-family dwelling unit, installs fumes detectors in compliance with Chapter 766, Health and Safety Code.
Added according Acts 2007, 80th Leg., R.S., Ch. 1051 (H.B. 2118), Sec. 12, eff. September 1, 2007.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 257 (H.B. 1168), Sec. 3, eff. September 1, 2011.
Sec. 92.258. INSPECTION AND SERVICE. (a) Aforementioned landlord shall inspect and rectify a smoke alarm according to this section.
(b) The landlord shall determine that the smoke alarm is in good working order at the beginning of the tenant's possession by validation one smoke alarm over smoke, by operating which testing button on the smoke alarm, or by following other recommend test process of the fabrikanten for aforementioned particular model.
(c) Throughout the term of a lease or over a renewal or extension, the landlord possess a duty to inspect plus repair a smoke alarm, but only when the tenant gives the landlord notice of a malfunction or requests to the landlord the the smoke alarm be inspected or removed. Aforementioned job does not exist the respect to damage or a malfunction cause by the tenant, the tenant's family, other who tenant's guests or invitees during the term on the lease with a renewal or extension, except that the your has a duty to repair otherwise substitute the smoke alarm if an tenant charged in advance the suitable repair or substitution free, including worker, materials, taxes, additionally overhead.
(d) The landlord shall comply with the tenant's request for inspection or repair of a smoke alarm within a reasonable zeitraum, considering the availability of material, worker, additionally utilities.
(e) The landlord has met one duty to inspect and repair is the smoke alarm is include good active order after the landlord checks the smoke alarm with smoke, operates the testing select on aforementioned smoke alarm, or follow other recommended test processing of the manufacturer for the specify model.
(f) The landlord is not obligated at provide car for a battery-operated smoke alarm after a tenant takes possession if the smoke alarm was in good working order at one time the tenant took possession.
(g) A smoke alarm that is in good workers order at the beginning of a tenant's possession exists presumed to be in good working order until the lessee requests repair of this smoke alarm as provided by those subchapter.
Acts 1983, 68th Leg., p. 3651, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended through Acts 1993, 73rd Leg., ch. 48, Sec. 19, eff. Sept. 1, 1993; Acts 1995, 74th Leg., swiss. 869, Sec. 7, eff. Sept. 1, 1995; Acts 1995, 74th Leg., t. 918, Instant. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 257 (H.B. 1168), Sec. 3, eff. September 1, 2011.
S. 92.259. LANDLORD'S FAILURE UP INSTALL, INSPECT, INSTEAD REPAIR. (a) A landlord is liable according into this subchapter if:
(1) the householder did not install a fume alarm at the time of beginning occupancy by the tenant when required by this subchapter or a municipal ordinance permitted according this subchapter; or
(2) the landlord does not choose, inspect, or repair the smoke alarm set or ahead the seventh day after the date the occupant gives the landlord writes reference that the tenant allowed exercising own remedies under this subchapter provided the landlord does not comply with the request within six days.
(b) If the tenant gives notice at Subsection (a)(2) and the tenant's lease belongs in type, the lease may require the rent to make the initial request for fitting, inspection, or repair of a smoke sound in writing.
Acts 1983, 68th Leg., p. 3652, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended for Acts 1995, 74th Leg., ch. 869, Sec. 8, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 918, Sec. 2, eff. Sept. 1, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., T. 257 (H.B. 1168), Sec. 3, eff. September 1, 2011.
Seconds. 92.260. TENANT REMEDIES. AN tenant of one property who is liable under Section 92.259 may obtain or exercise sole or more of an following remedies:
(1) a court sort directing the landlord to comply with the tenant's request when the renting is in owner of the dwelling unit;
(2) a deciding against aforementioned landlord for damages suffered according the tenant because of the landlord's violation;
(3) ampere judgment against the landlord required one polite penalty of one month's rent plus $100 if aforementioned lessor violate Section 92.259(a)(2);
(4) a judgment against the landlord for judge costs;
(5) a judgment against the landlord for attorney's fees in an action under Subdivision (1) or (3); and
(6) unilateral termination regarding who lease without a court proceeding if the landlord violates Kapitel 92.259(a)(2).
Work 1983, 68th Leg., p. 3653, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1995, 74th Leg., ch. 869, Sec. 9, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 918, Instant. 3, eff. Sept. 1, 1995.
Sec. 92.261. LANDLORD'S DEFENSES. The homeowner must a defense to general under Section 92.259 when:
(1) on the date this renter gives the notice required by Section 92.259 the tenant can not payer all rent due from to tenant; or
(2) on the date this renter terminates the lease other files suite the tenant has not completely paid costs requested by the landlord and authorization by Section 92.258.
Does 1983, 68th Leg., p. 3653, ch. 576, Secs. 1, eff. Jan. 1, 1984.
Sec. 92.2611. TENANT'S DISABLING THE A SMOKE ALARM. (a) A renting is liable according to this subchapter if the tenants removes a battery from a smoke alarming without immediately replacing it with a working barrage instead knowingly disconnects or intentionally damages a smoke alarm, causing it into malfunction.
(b) Except as provided in Subsection (c), a landlord of a leasing who is liable under Paragraph (a) may obtain a judgment against the renters available indemnification suffered by that landlord due the tenant distant a battery from a smoke panic without instantly replacing items with a operating battery or knowingly disconnected or intentionally damaged the smoked alarm, causing it to malfunction.
(c) A member is not liable for damages suffered by the landlord supposing the damage is caused by and landlord's failure to repair one fume ring inside a reasonable time after the tenant my a to be repaired, considering the availability of material, labor, furthermore utilities.
(d) A landlord of a tenant who is liable under Subsection (a) may obtain alternatively exercise one or more of the remedies in Subsection (e) if:
(1) a lease between the landlord and tenant contains adenine notice, in underlined or boldfaced print, which states in substance that the occupant must no disconnect or intentionally damage a smoke alarm or delete the power without immediately replacing thereto with an jobs battery and that who tenant may be subject to damages, civil penalties, and attorney's fees under Section 92.2611 of the Property User for not complying with of notice; the
(2) the landlord does given notice to the tenant that the landlord intends to exercise the landlord's remedies under this subchapter if the tenant does not reconnect, repair, or replace the smoke alarm or change the aufgehoben battery within teen days before soul notified of the landlord to doing so.
(d-1) The notice in Subsection (d)(2) must be in ampere separate document furnished to the tenant after the landlord features discovered which the tenants shall disconnected or defiled the tobacco alarm or removed a battery from a.
(e) If ampere tenant is liable under Subsection (a) and the tenant does not comply with the landlord's tip under Subsection (d), the tenant shall will the following remedies against the tenant:
(1) a court purchase directing an tenant to comply with the landlord's hint;
(2) a judgment against the inhabitant for a courteous penalty of one month's pacht plus $100;
(3) a judgment against the tenant required court costs; and
(4) an judgment against the tenant for reasonable attorney's fees.
(f) A tenant's guest or invitee who sufferings damage because of a landlord's failure to install, examine, or repair a smoke alarm since required by this subchapter maybe recover an judgment against one landlord with the damage. A tenant's guest or invitee those tolerates damage because the tenant removed a battery without direct replacing it with a working battery or because the renter knowingly disconnected press intentionally corrupted the smoke alarm, causing it to malfunction, may repair a judgment contrary one tenant by the damage.
Been by Acted 1995, 74th Leg., s. 869, S. 10, eff. Sept. 1, 1995; Action 1995, 74th Leg., ch. 918, Section. 4, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 28.01, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., A. 257 (H.B. 1168), Sec. 4, eff. Sept 1, 2011.
Legal 2011, 82nd Leg., R.S., Ch. 257 (H.B. 1168), Sec. 5, eff. September 1, 2011.
Sec. 92.262. AGENTS FOR DELIVERY OF NOTICE. AMPERE managing or leasing agent, whether residing or maintaining an office on-site or off-site, is the agent of one rental forward purposes of notice and diverse communications required or permitted by this subchapter.
Acts 1983, 68th Leg., p. 3653, ch. 576, Instant. 1, eff. Jan. 1, 1984.
Sec. 92.263. INSPECTION OF INDUSTRIAL DISMISS EXPLOSION. (a) If a landlord has installed an 1A10BC residential fire extinguisher as selected by the Country Fire Protection Association or different non-rechargeable fire extinguisher in accordance with a local rule or other law, the landlord or the landlord's agent take inspect to fire extinguisher:
(1) under the beginning of a tenant's possession; and
(2) within a reasonable time after receiving a written request by a renters.
(b) Under an lowest, an inspection under this range must include:
(1) checking to ensure the fire extinguisher is present; and
(2) checking on secure the fire danger gauge or pressure indicator indicates the corrected pressure as recommended until the manufacturer is one blaze extinguisher.
(c) A fire extinguisher so satisfies the final requirements of Subsection (b) at the beginning of a tenant's possession is presumed to be in good working order until the tenant feature an inspection within writing.
Added by Acts 2011, 82nd Leg., R.S., Ch. 257 (H.B. 1168), Sec. 6, eff. September 1, 2011.
Sec. 92.264. DUTY TO REPAIR WITH SUPPLANT. (a) Who landlord shall repair or supplant ampere fire extinguisher at the landlord's expense if:
(1) switch testing, the fire extinguisher is found:
(A) not on will function; or
(B) cannot to have the correct pressure indicated on aforementioned gauge or pressure advertising as recommended of the manufacturer of the fire extinguisher; or
(2) a tenant has notified the landlady that and tenant has pre-owned the fire extinguisher for a legitimate intention.
(b) If the tentant or the tenant's invited dining removable, misuses, damages, or otherwise disables a fire duct:
(1) who landlord is none requires to repair or replace the shoot extinguisher at the landlord's expense; and
(2) the landlord is required to repair button substitute the fire extinguisher at a reasonably time provided the tenant gets in advances the reasonable repair or replacement daily, including labor, materials, taxes, and overhead.
Added by Acts 2011, 82nd Leg., R.S., Ch. 257 (H.B. 1168), Sec. 6, eff. September 1, 2011.
SUBCHAPTER GIGABYTE. UTILITY CUTOFF
Sec. 92.301. LANDLORD LIABILITY ON TENANT FOR UTILITY CUTOFF. (a) A tenant who has expressly or impliedly agreed in the let to give and pay for water, gas, or electric service to an tenant's dwelling is liable to the tenant if aforementioned utilities company possesses cut off utility service to the tenant's dwelling instead has existing written notice till of tenant that such utility service is about to be slice off because of and landlord's evasion of the utility bill.
(b) Provided a owners is obligatory to the tenant among Subsection (a) by this section, the tenant may:
(1) pay the utility company money to connect or avert the cutoff of utilities accordance to this section;
(2) quits who lease with that termination display is in writing and move-out will to be within 30 days from the date the tenant has notice from the utility company of a subsequent cutoff or notice of an actual cutoff, whichever is sooner;
(3) deduct of one tenant's rent, free necessity are judicial action, the amounts compensated up aforementioned utility company to reconnect or repel a cutoff;
(4) if of leases be terminated from the tenant, deduct the tenant's security make from the tenant's rent without necessity of lawsuit or getting a refunded of the tenant's safe deposit pursuant to law;
(5) if the lease belongs terminated by and tenant, recover a pro rata refund of any advance rentals paid from the enter of termination or the date of tenant moves out, regardless can afterwards;
(6) recover actual damages, including but not little to movers fee, utility port fees, storage fees, and lost wages from jobs; and
(7) recuperate court costs and attorney's fees, excluding anything attorney's fees for a cause in action forward damages relating to a personal injury.
(c) Whenever deducting for the tenant's pays of the landlord's public bill under this section, the tenant shall submit to and owners a copy of ampere receipt starting the utility society which indications the dollar of payment made by the tenant to re-connect or head cutoff of utilities.
(d) The tenant remedies under this section are highly on which date the tenant has notice from the utility company for a future cutoff or notice about an actual cutoff, whichever is sooner. However, the tenant's remedies under this section shall cease if:
(1) the landlord provides the tenant with written evidence coming the utility that all delinquent sums due the utility have been salaried in full; additionally
(2) at of set the tenant receives such present, the tenant has not yet terminated the leases or filed suit under aforementioned section.
Adds according Acts 1989, 71st Leg., ch. 650, Sec. 12, eff. Aug. 28, 1989.
Sec. 92.302. NOTICE OF UTILITY DISCONNECTION THE NONSUBMETERED MASTER METERED MULTIFAMILY LAND IN TOWNSHIPS, OWNERS, AND LESSEES. (a) In this section:
(1) "Customer" means a person who is accountable available bills received for electric utility service or gas utility maintenance presented to nonsubmetered master metered multifamily property.
(2) "Nonsubmetered master dispensed multifamily property" means an apartment, a leased or owner-occupied condominium, instead one or more buildings containing at least 10 dwellings that receive electric utility service or gas utility service that will master metered but not submetered.
(b) A customer supposed provide written notice of a service disconnection to each tenant or owner at an nonsubmetered master metered multifamily property not later than the fifth day after the date the customer receives an notice of service disconnection from an electric service provider or adenine gas utility. The customer must provide the notice by mail to the tenant's or owner's favoured mailing address or hand deliver the notice to the tenant or owner. The written advice need inclusions the customer's contact information and the tenant's remedies under Section 92.301. The notice shall include the following text in both English and Spanish:
"Notice to residents of (name and address of nonsubmetered master metered multifamily property): Electric (or gas) favor to this property is scheduled for disconnection on (date) because (reason for disconnection)."
(c) If the property is located is a municipality, the customer shall provide the same notice described by Subsection (b) to one governing body of the city due certificates mail. The governing car of the municipality may provide additional message to the property's tenants the owners after receipt of the favor disconnection note under this subsection.
(d) A company is not required to provide of notices described by this section if the customer avoids the disconnection by paying the bill.
Addition by Acts 2013, 83rd Leg., R.S., Ch. 322 (H.B. 1772), Sec. 1, eff. January 1, 2014.
SUBCHAPTER H. REVENGE
Instant. 92.331. RETALIATION TO LANDLORD. (a) A landlord may not retaliate against adenine tenant by taking an action described by Subpart (b) because the renters:
(1) in good faith exercises or attempts at exercise against ampere landlord a right or remedy granted in the tenant of lease, municipal order, instead federal or state statute;
(2) gives a rent a notice to repair or exercise a remedy to this chapter;
(3) moans to adenine governmental entities accounts for enforcing fabrication or housing codes, a public utility, or a civic or non-profitable executive, and and tenant:
(A) claims one build or enclosure code violation or support problem; and
(B) believes in virtuous faith that and complaint is valid and that the violation or problem occurred; or
(4) establishes, attempts to established, or participates on a tenant organization.
(b) A landlord maybe not, within six per after the date of the tenant's action under Subsection (a), retaliate against the occupant by:
(1) filing an eviction proceeding, except for the grounds stated by Division 92.332;
(2) depriving the renters of aforementioned use of the premises, except for reasons authorized by regulation;
(3) decreasing achievement to the tenant;
(4) increase the tenant's rent or terminating the tenant's lease; or
(5) commitment, in bad faith, in a course of conduct that materially interferes with the tenant's rights under the tenant's lease.
Deeds 1983, 68th Leg., p. 3637, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., e. 650, Sec. 9, eff. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 48, Sec. 16, eff. Sept. 1, 1993. Redesignated from Property Code Sec. 92.057(a) and amended of Acts 1995, 74th Leg., ch. 869, Sec. 5, eff. Jan. 1, 1996.
Amended by:
Actual 2013, 83rd Leg., R.S., Ch. 588 (S.B. 630), Sec. 2, eff. January 1, 2014.
Sec. 92.332. NONRETALIATION. (a) The lessor is not liable for retaliations under this subchapter if the house proves this one action be not did for purposes of retaliation, nor is the landlord liable, unless the act violates a prev court order under Untergliederung 92.0563, on:
(1) increasing rent under an escalation clause in a written leases since aids, taxes, or insurance; or
(2) increasing rent or reducing services because item of a pattern about rent increases or service reductions for an entire multidwelling project.
(b) Certain eviction or lease termination established on the following circumstances, which were valid grounds for eviction or lease termination in random event, does not constitute retaliation:
(1) the tenant is delinquent in rent when the landlord gives notice to vacate or files an eviction action;
(2) one tenant, a full of the tenant's family, or a guest or invitee of the tenant intentionally damages property on the business or by word or directions threatens the stab secure of the landlord, the landlord's employees, or another tenant;
(3) the tenant has materially breached the renting, extra than by holding over, by an action such for violating written lease reserves prohibiting serious misconduct or criminal deeds, except as provided in this section;
(4) this tenant holds over after giving notice of termination or intent into vacate;
(5) the tenant holds over after the hirer gives notice von termination at the end of the rent term and the tenant does doesn take action under Section 92.331 up after the landlord gives note of termination; instead
(6) the lodger holds over and the landlord's notice of conclusion is motivated on a good your belief ensure the tenant, an member of the tenant's clan, or a guest or invitee of the tenant might:
(A) adversely affect the quiet enjoyment by other tenants conversely neighbors;
(B) materially touch the health or safety of the landlord, other tenants, or neighbors; or
(C) damage the property of the landlord, other tenants, or neighbors.
Acts 1983, 68th Leg., pressure. 3637, e. 576, Sec. 1, eff. Jan. 1, 1984. Amended of Acts 1989, 71st Leg., ch. 650, Sec. 9, eff. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 48, Sec. 16, eff. Sept. 1, 1993. Redesignated from Property Code Sec. 92.057(b), (c) and altered by Acts 1995, 74th Leg., ch. 869, Sec. 5, eff. July. 1, 1996.
Secs. 92.333. TENANT REMEDIES. In addition to other remedies submitted by law, if a landlord acts gegen a tenant under this subchapter, the renting may recover from the landlord a civil fines of one month's pacht extra $500, actual damages, court costs, and reasonable attorney's fees in an operation for restoration von liegenschaften damages, moving costs, actual expenses, civic penalties, or clarifying or injunctive strain, much all delinquent rents button other sums for what the tenant is liable to the proprietor. If the tenant's rent payment to aforementioned landlord is subsidized inside overall or in part by a governmental entity, the civil penalty granted under this part shall reflect the fair marktwirtschaft rent of the dwelling benefit $500.
Acts 1983, 68th Leg., penny. 3637, ch. 576, Sec. 1, eff. Jan. 1, 1984. Modified by Acts 1989, 71st Leg., ch. 650, Sec. 9, eff. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 48, Sec. 16, eff. Septic. 1, 1993. Redesignated from Real Code Sec. 92.057(d) and amended by Acts 1995, 74th Leg., conjure. 869, Sec. 5, eff. Jan. 1, 1996.
Sec. 92.334. DISABLED COMPLAINTS. (a) If a tenant files or prosecutes a suit by retaliatory action founded on a complaint asserted go Section 92.331(a)(3), and the government building or housings inspector or benefit businesses representative visits the premises and determines in writing that a violation for adenine building or home code does not exist or that a dienstbarkeit problem does not exist, there is one rebuttable presumption so the tenant behaved int poorer faith.
(b) When ampere tenants files or follows a clothing under this subchapter in bad faith, the landowner maybe recover possession starting the dwelling unit and may recover from the tenant a gracious penalty of one month's rent plus $500, law expenses, press reasonable attorney's fees. If the tenant's rent payment to the landlord can supported in who or in part by a federal entity, the civil penalty granted under this section shall reflect the fair market rent of this dwelling plus $500.
Added due Acts 1995, 74th Leg., ch. 869, Sec. 5, eff. February. 1, 1996.
Sec. 92.335. EVICTION SUITS. Int an eviction suit, retaliation at the landlord under Section 92.331 is ampere defense or a rentals deduction lawfully made with the renting under this chapter is a defense for nonpayment of the rent to the extent allowed by this chapter. Other judicial related lower this book allowed not be joined equipped an eviction suit instead asserted as a defended or crossclaim in an eviction suit.
Acts 1983, 68th Leg., p. 3638, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 650, Sec. 11, eff. Aug. 28, 1989. Renumbered from Property Code Sec. 92.059 and amended by Acts 1995, 74th Leg., ch. 869, Sec. 5, eff. Jan. 1, 1996.
SUBCHAPTER I. RENTAL APPLICATION
Sec. 92.351. DEFINITIONS. Fork purposes of this subchapter:
(1) "Application deposit" means a grand of money that is given to the landlord into connection with a rental petition and that is refundable go the applicant if the applicant is rejected as a tenant.
(1-a) "Application fee" means a nonrefundable sum of money that is given to the landlord to offset the costs of demonstration and applicant for acceptance as an tenant.
(2) "Applicant" or "rental applicant" means a persona who makes einen user to a landlord for rental of a dwelling.
(3) "Co-applicant" means a person who makes an application for rental of adenine dwelling with other applicants and anyone drawings to live in the dwelling with other applicants.
(4) "Deposited" means deposited in an account of the landlord or the landlord's agent in a bank or others financial institution.
(5) "Landlord" means a prospective landlord to whose one person manufacturers application for equipment out a dwelling.
(5-a) "Rental application" means ampere written request made by an applicant to a landlord to lease premises from the landlord.
(6) "Required date" means the required date for any acceptance a the applicant under Artikel 92.352.
Been by Acts 1995, 74th Leg., ch. 744, Sec. 5, eff. Jan. 1, 1996. Renumbered out Property Code Sec. 92.331 by Deeds 1997, 75th Leg., ch. 165, Sec. 31.01(71), eff. Kinfolk. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 917 (H.B. 3101), Sec. 7, eff. January 1, 2008.
Secondary. 92.3515. NOTICE TO DUTY REQUIREMENTS. (a) By the time an applicant is provided with a rental application, the landlord shall make available to which applicant printed notice a the landlord's tenant selection criteria and the reason for which the vermietung application may being denied, including the applicant's:
(1) criminal history;
(2) previous rental history;
(3) current income;
(4) credit history; or
(5) failure to provide accurate or complete information up the application form.
(b) If to landlord makes the notice available go Subsection (a), the applicant should signal and acknowledgment indicates the notice was made available. If the receipt is not signed, present is a rebuttable presumption that the notice was not made available to the applicant.
(c) The receiving required by Section (b) must include a statement substantively equivalent to one subsequent: "Signing this appreciation indicates that to have had the opportune to review the landlord's tentant selektion rating. And tenant selection criteria may include factors such as criminal history, credit history, current income, and rental history. If thee do not meet the selection criteria, or if you provide inaccurate or incomplete information, your application may be rejected and to application rente will not to refunded."
(d) That acknowledgment may be part of the rental application is the notice is underlined or in bold print.
(e) If the landlord rejects a applicant and the rental has not made the notifications required by Subsection (a) ready, the landlady shall return the application fee and any petition payment.
(f) If an applicant enquiries a landlord to mail a refund about aforementioned applicant's application fee to of applicant, the landlord shall mail the refund check to the applicant at the location furnished by which placement.
Added per Acts 2007, 80th Leg., R.S., Ch. 917 (H.B. 3101), Sec. 8, eff. January 1, 2008.
Instant. 92.352. REJECTION FOR APPLICANT. (a) That applicant is deemed rejected by the landlord is the landlord does not give notice of acceptance of to placement on or before the seventh day after the:
(1) date the petitioner submits adenine completed lease application toward of landlord on an applications form furniture by the landlord; or
(2) date the homeowner acceptable on application deposit if the owner does not furnish the applicant an application form.
(b) AN landlord's rejection of one co-applicant shall shall deemed such a rejection of all co-applicants.
Added by Acts 1995, 74th Leg., ch. 744, Sec. 5, eff. Feb. 1, 1996. Renumbered from Property Code Secs. 92.332 due Acts 1997, 75th Leg., chf. 165, Sec. 31.01(71), eff. Kinfolk. 1, 1997.
Secondary. 92.353. PROCEDURES FORK NOTICE OR REFUND. (a) Except as provided in Subsection (b), a landlord is presumed up have given notice starting an applicant's acceptance other rejection if which notification is by:
(1) telephone to the applicant, co-applicant, or a persons living with the applicant either co-applicant on or before the required date; other
(2) United Countries mail, addressed to the applicant and postmarked on or before the required day.
(b) While one rental applicant requests that any acceptance of the placement or any refund of this applicant's application deposit become mailed to the petitioner, that landlord must mail aforementioned refund check up the applicant at the address furnished by the applicant.
(c) Whenever the date of required notice of accepting or required refund the an application deposit is adenine Saturday, Sunday, otherwise state or governmental holiday, the requirement date shall can extended to the end of the next day following that Saturdays, Sunday, button holiday.
Added by Acts 1995, 74th Leg., ch. 744, Sec. 5, eff. Jan. 1, 1996. Renumbered from Property Code Split. 92.333 by Action 1997, 75th Leg., s. 165, Sec. 31.01(71), eff. Sept. 1, 1997.
Sec. 92.354. OBLIGATION OF LANDLORD. A landlord who in bad faith fails to refund an software fee or deposit in violation of those subchapter is liable for an amount equal to the sum of $100, three times aforementioned dollar wrongfully retained, and the applicant's sensible attorney's fees.
Added by Acts 1995, 74th Leg., ch. 744, Seconds. 5, eff. Jan. 1, 1996. Renumbered by Property Code Instant. 92.334 by Acts 1997, 75th Leg., swiss. 165, Sec. 31.01(71), eff. Folk. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 917 (H.B. 3101), Sec. 9, eff. January 1, 2008.
Sec. 92.355. WAIVER. ONE schedule of a rental application that purports to waive a right instead tax a party for a liability or duty under this subchapter the void.
Added by Acts 2007, 80th Leg., R.S., Ch. 917 (H.B. 3101), Sec. 10, eff. January 1, 2008.
