This can have a profound effect on the dissolution of property during divorce proceedings. The owners may own the property either as tenants in common or as joint tenants with right of survivorship. 576, Sec. Sec. Except as otherwise provided by this chapter, in this chapter: (1) "Dwelling" means one or more rooms rented for use as a permanent residence under a single lease to one or more tenants. This subsection shall not affect the landlord's duty under Subchapter B to repair or remedy, at the landlord's expense, wastewater stoppages or backups caused by deterioration, breakage, roots, ground conditions, faulty construction, or malfunctioning equipment. is a condo located in Franklin County and the 43123 ZIP Code. Sept. 1, 1993. 576, Sec. 2, eff. Added by Acts 1989, 71st Leg., ch. (c-1) If the tenant is a victim or a parent or guardian of a victim of stalking under Section 42.072, Penal Code, that takes place during the preceding six-month period on the premises or at any dwelling on the premises, the tenant shall provide to the landlord or the landlord's agent a copy of: (1) documentation of a protective order issued under Subchapter A or B, Chapter 7B, Code of Criminal Procedure, except for a temporary ex parte order; or. (a) If a security deposit was not required by a residential lease and the tenant is liable for damages and charges on surrender of the premises, the landlord shall notify the tenant in writing of the landlord's claim for damages and charges on or before the date the landlord reports the claim to a consumer reporting agency or third-party debt collector. Misuse of or damage to a security device that occurs during the tenant's occupancy is presumed to be caused by the tenant, a family member, an occupant, or a guest. (2) the landlord may not allow reoccupancy or reconnection of utilities by separate meter within six months after the date the tenant moves out. (f) A tenant's guest or invitee who suffers damage because of a landlord's failure to install, inspect, or repair a smoke alarm as required by this subchapter may recover a judgment against the landlord for the damage. EFFECT ON OTHER RIGHTS. 576, Sec. (C) located on the same lot or tract or adjacent lots or tracts of land. 92.057(d) and amended by Acts 1995, 74th Leg., ch. AGENT FOR DELIVERY OF NOTICE. 12, eff. (d) A tenant may exercise the rights to terminate the lease under Subsection (b), vacate the dwelling before the end of the lease term, and avoid liability beginning on the date after all of the following events have occurred: (1) the tenant provides a copy of the relevant documentation described by Subsection (c) or (c-1) to the landlord; (2) the tenant provides written notice of termination of the lease to the landlord on or before the 30th day before the date the lease terminates; (3) the 30th day after the date the tenant provided notice under Subdivision (2) expires; and. (b) If the landlord does not provide a written explanation for delay in performing a duty to repair or remedy on or before the fifth day after receiving from the tenant a written demand for an explanation, the landlord has the burden of proving that he made a diligent effort to repair and that a reasonable time for repair did not elapse. (d) The acknowledgment may be part of the rental application if the notice is underlined or in bold print. Acts 1983, 68th Leg., p. 3645, ch. 1268 (H.B. Sec. January 1, 2014. (c) This section does not apply to or affect a local ordinance governing a landlord's obligation to provide a 24-hour emergency contact number to a tenant that is adopted before January 1, 2008, if the ordinance conforms with or is amended to conform with this section. (e) A fee collected under this section may be used to purchase insurance coverage for damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease. A reasonable time for purposes of this subsection is presumed to be not later than the seventh day after the date a tenant's advance payment is received by the landlord, except as provided by Subsection (c). 92.253. January 1, 2014. 92.352. 165, Sec. 917 (H.B. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 869, Sec. (i) For purposes of Subsections (c) and (c-1), a tenant who is a parent or guardian of a victim described by those subsections must reside with the victim to exercise the rights established by this section. 1, eff. 92 of the Texas Property Code. January 1, 2016. Added by Acts 2019, 86th Leg., R.S., Ch. (b) A landlord may not intentionally prevent a tenant from entering the leased premises except by judicial process unless the exclusion results from: (1) bona fide repairs, construction, or an emergency; (2) removing the contents of premises abandoned by a tenant; or. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. Court costs may be waived only if the tenant executes a pauper's affidavit. (g) Not later than the 30th day after the effective date of the termination of a lease under Subsection (f), the landlord shall refund to the tenant all rent or other amounts paid in advance under the lease for any period after the effective date of the termination of the lease. (b) A tenant who is a servicemember or a dependent of a servicemember may vacate the dwelling leased by the tenant and avoid liability for future rent and all other sums due under the lease for terminating the lease and vacating the dwelling before the end of the lease term if: (1) the lease was executed by or on behalf of a person who, after executing the lease or during the term of the lease, enters military service; or. Search Texas Statutes. Otherwise, this subchapter does not affect any other right of a landlord or tenant under contract, statutory law, or common law that is consistent with the purposes of this subchapter or any right a landlord or tenant may have to bring an action for personal injury or property damage under the law of this state. 1051 (H.B. 1, eff. 576, Sec. (3) "Co-applicant" means a person who makes an application for rental of a dwelling with other applicants and who plans to live in the dwelling with other applicants. Acts 2013, 83rd Leg., R.S., Ch. The fee for service of a show cause order is the same as that for service of a civil citation. (g) A landlord is liable for any damage to a tenant's vehicle resulting from the negligence of a towing service that contracts with the landlord or the landlord's agent to remove vehicles that are parked in violation of the landlord's rules and policies if the towing company that caused the damage does not carry insurance that covers the damage. 48, Sec. Acts 2017, 85th Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. (d) Repairs under this section may be made only if all of the following requirements are met: (1) The landlord has a duty to repair or remedy the condition under Section 92.052, and the duty has not been waived in a written lease by the tenant under Subsection (e) or (f) of Section 92.006. Sec. (f) The closing of a rental unit does not prohibit the occupancy of other apartments, nor does this subchapter prohibit occupancy of or utility service by master or individual meter to other rental units in an apartment complex that have not been closed under this section. EFFECT ON OTHER LANDLORD DUTIES AND TENANT REMEDIES. (2) a sliding door handle latch or sliding door security bar if the door is an exterior sliding glass door without a sliding door handle latch or sliding door security bar. LANDLORD'S FAILURE TO CORRECT INFORMATION. (3) the tenant is entitled to any defenses to payment against the insurer as against the landlord. Acts 2005, 79th Leg., Ch. (2) impose monetary or other penalties on a tenant who summons police or emergency assistance if the assistance was requested or dispatched based on the tenant's reasonable belief that an individual was in need of intervention or emergency assistance. These are as follows: . (a) A landlord's duty or a tenant's remedy concerning security deposits, security devices, the landlord's disclosure of ownership and management, or utility cutoffs, as provided by Subchapter C, D, E, or G, respectively, may not be waived. Sec. April 1, 2002. 5, eff. 650, Sec. September 1, 2017. This subchapter applies to a lease executed, entered into, renewed, or extended on or after September 1, 1979. September 1, 2007. Amended by Acts 1993, 73rd Leg., ch. A repairman or supplier shall not have a lien for materials or services arising out of repairs contracted for by the tenant under this section. The written notice must include the customer's contact information and the tenant's remedies under Section 92.301. 576, Sec. 1448), Sec. Added by Acts 2019, 86th Leg., R.S., Ch. (a) If a condition results from an insured casualty loss, such as fire, smoke, hail, explosion, or a similar cause, the period for repair does not begin until the landlord receives the insurance proceeds. 91.002 by Acts 1987, 70th Leg., ch. EVICTION SUITS. (1) "Adult" means an individual 18 years of age or older. 2, eff. 92.0561. 593 (S.B. SUBCHAPTER B. Acts 1983, 68th Leg., p. 3637, ch. (j) When deducting the cost of repairs from the rent payment, the tenant shall furnish the landlord, along with payment of the balance of the rent, a copy of the repair bill and the receipt for its payment. 375), Sec. (a) The landlord is not liable for retaliation under this subchapter if the landlord proves that the action was not made for purposes of retaliation, nor is the landlord liable, unless the action violates a prior court order under Section 92.0563, for: (1) increasing rent under an escalation clause in a written lease for utilities, taxes, or insurance; or. (e) Except as provided by Subsection (g), this section does not affect a tenant's liability for delinquent, unpaid rent or other sums owed to the landlord before the lease was terminated by the tenant under this section. 92.334. 917 (H.B. (2) there is no controversy concerning the amount of rent owed. 469 (H.B. A party who prevails in a suit brought under this subsection may recover court costs and reasonable attorney's fees from the other party. 1, eff. FORCED SALE OF OWNER'S INTEREST IN CERTAIN REAL PROPERTY AS REIMBURSEMENT FOR PROPERTY TAXES PAID BY CO-OWNER ON OWNER'S BEHALF . 576, Sec. (e) A landlord, not later than the 30th day after the effective date of the termination of a lease under this section, shall refund to the residential tenant terminating the lease under Subsection (b) all rent or other amounts paid in advance under the lease for any period after the effective date of the termination of the lease. Added by Acts 1995, 74th Leg., ch. (d) A customer is not required to provide the notices described by this section if the customer avoids the disconnection by paying the bill. (2) the date on which all of the conditions in Subsection (a) have been met. (b) A landlord or a landlord's manager or agent may not charge or seek reimbursement from the landlord's tenant for the amount of a fine imposed on the landlord by a governmental entity unless the tenant or another occupant of the tenant's dwelling actually caused the damage or other condition on which the fine is based. (f) A tenant who terminates a lease under Subsection (b) is released from all liability for any delinquent, unpaid rent owed to the landlord by the tenant on the effective date of the lease termination if the lease does not contain language substantially equivalent to the following: "Tenants may have special statutory rights to terminate the lease early in certain situations involving family violence or a military deployment or transfer.". LIABILITY FOR LEASING TO PERSON WITH CRIMINAL RECORD. (b) If the dwelling has French doors, one door of each pair of French doors must meet the requirements of Subsection (a) and the other door must have: (1) a keyed dead bolt or keyless bolting device capable of insertion into the doorjamb above the door and a keyless bolting device capable of insertion into the floor or threshold, each with a bolt having a throw of one inch or more; or. The reconnection fee must be computed based on the average cost to the landlord for the expenses associated with the reconnection, but may not exceed $10. Sept. 1, 1995. Sept. 1, 2001. Acts 1983, 68th Leg., p. 3633, ch. 92.333 by Acts 1997, 75th Leg., ch. (10) "Rekey" means to change or alter a security device that is operated by a key, card, or combination so that a different key, card, or combination is necessary to operate the security device. (2) the tenant and the tenant's dependent move, wholly or partly, because of a significant financial loss of income caused by the tenant's military service. (g) If the landlord is liable to the tenant under Section 92.056 and if a new landlord, in good faith and without knowledge of the tenant's notice of intent to repair, has acquired title to the tenant's dwelling by foreclosure, deed in lieu of foreclosure, or general warranty deed in a bona fide purchase, then the following shall apply: (1) The tenant's right to terminate the lease under this subchapter shall not be affected, and the tenant shall have no duty to give additional notice to the new landlord. 2118), Sec. (c) A notice to a tenant's primary residence under Subsection (a) may be sent by regular United States mail and shall be considered as having been given on the date of postmark of the notice. If the justice finds, after considering the evidence at the hearing, that the person has directly or indirectly disobeyed the writ, the justice may commit the person to jail without bail until the person purges the contempt action or omission in a manner and form as the justice may direct. TENANT'S REPAIR AND DEDUCT REMEDIES. (3) damage from windows or doors left open. Tenant-In-Common, or TIC, is a legal ownership structure wherein multiple 1031 exchange investors co-own individual undivided interests in real property assets. 5, eff. 1086), Sec. 92.107. 1371), Sec. LIABILITY OF TENANT FOR GOVERNMENTAL FINES. The tenants don't have to have equal ownership interestsone can own a 25% share of the property while the other holds 75% ownership. September 1, 2021. Jan. 1, 1984. 1205, Sec. Sec. September 1, 2013. 1, eff. 1, eff. Renumbered from Property Code Sec. Sept. 1, 1993. PROPERTY CODE. (3) a crime of personal violence occurred in the multiunit complex in which the tenant's dwelling is located during the two months preceding the date of the request. Sec. Sept. 1, 1999. Sec. (4) the tenant has the right to install or rekey a security device required by this subchapter and deduct the reasonable cost from the tenant's next rent payment, as provided by Subsection (a)(1). Aug. 28, 1989; Acts 1993, 73rd Leg., ch. (2) actual expenses incurred by the landlord in securing the replacement, including a reasonable amount for the time of the landlord in securing the replacement tenant. January 1, 2010. Added by Acts 1995, 74th Leg., ch. 683, Sec. Sec. Sec. (4) "Deposited" means deposited in an account of the landlord or the landlord's agent in a bank or other financial institution. A fee may not be applied to a deferred payment plan entered into under this section. (7) recover court costs and attorney's fees, excluding any attorney's fees for a cause of action for damages relating to a personal injury. (b) If a landlord is liable to the tenant under Subsection (a) of this section, the tenant may: (1) pay the utility company money to reconnect or avert the cutoff of utilities according to this section; (2) terminate the lease if the termination notice is in writing and move-out is to be within 30 days from the date the tenant has notice from the utility company of a future cutoff or notice of an actual cutoff, whichever is sooner; (3) deduct from the tenant's rent, without necessity of judicial action, the amounts paid to the utility company to reconnect or avert a cutoff; (4) if the lease is terminated by the tenant, deduct the tenant's security deposit from the tenant's rent without necessity of lawsuit or obtain a refund of the tenant's security deposit pursuant to law; (5) if the lease is terminated by the tenant, recover a pro rata refund of any advance rentals paid from the date of termination or the date the tenant moves out, whichever is later; (6) recover actual damages, including but not limited to moving costs, utility connection fees, storage fees, and lost wages from work; and. 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