texas property code tenants in common

Aug. 31, 1987. 92.0563. Jan. 1, 1984. 4, eff. 1, eff. Acts 1983, 68th Leg., p. 3637, ch. 2, eff. However, if the tenant's rent is subsidized in whole or in part by a governmental agency, the deduction limitation of one month's rent shall mean the fair market rent for the dwelling and not the rent that the tenant pays. A landlord has a defense to liability under Section 92.202 or 92.203 if the tenant owes rent on the date the tenant gives a notice required by either of those sections. (b) An eviction or lease termination based on the following circumstances, which are valid grounds for eviction or lease termination in any 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) the tenant, a member of the tenant's family, or a guest or invitee of the tenant intentionally damages property on the premises or by word or conduct threatens the personal safety of the landlord, the landlord's employees, or another tenant; (3) the tenant has materially breached the lease, other than by holding over, by an action such as violating written lease provisions prohibiting serious misconduct or criminal acts, except as provided by this section; (4) the tenant holds over after giving notice of termination or intent to vacate; (5) the tenant holds over after the landlord gives notice of termination at the end of the rental term and the tenant does not take action under Section 92.331 until after the landlord gives notice of termination; or. Code. Jan. 1, 1984. In Texas, for example, there is no limit on how much a landlord may require for . Acts 2007, 80th Leg., R.S., Ch. Section 23.001 states: Sec. (4) failure to pay an electric bill disputed by the tenant, unless the landlord has conducted an investigation as required by the particular case and reported the results in writing to the tenant. 357, Sec. NONRETALIATION. 576, Sec. Sec. January 1, 2008. 1, eff. 1367), Sec. (2) "Board" means the governing body of a property owners' association. Acts 2011, 82nd Leg., R.S., Ch. Jan. 1, 1984. 1, eff. Acts 1983, 68th Leg., p. 3652, ch. 1349 (H.B. (a) Subject to Subsections (b) and (c), a smoke alarm must be installed according to the manufacturer's recommended procedures. 92.351. (2) within a reasonable time after receiving a written request by a tenant. 5. (k) If the tenant challenges the claim for damages or unpaid rent and that challenge results in a determination by the landlord or by a court that the notice of indebtedness is incorrect, the indebtedness is void and the landlord may not file an insurance claim for insurance purchased under Subsection (e) in the amount of the voided indebtedness. (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. 801, Sec. LANDLORD LIABILITY AND TENANT REMEDIES; NOTICE AND TIME FOR REPAIR. (f) If the landlord fails to request a hearing on the tenant's sworn complaint for restoration of utility service before the eighth day after the date of service of the writ of restoration of utility service on the landlord under Subsection (d), a judgment for court costs may be rendered against the landlord. 744, Sec. (a) In this section, "governmental entity" means the state, an agency of the state, or a political subdivision of the state. 1367), Sec. Sept. 1, 1993; Acts 1999, 76th Leg., ch. Sept. 1, 1989. 882), Sec. NOTICE OF RULE OR POLICY CHANGE AFFECTING TENANT'S PERSONAL PROPERTY. (a) This subchapter does not apply to: (1) a dwelling unit that is occupied by its owner, no part of which is leased to a tenant; (2) a dwelling unit in a building five or more stories in height in which smoke alarms are required or regulated by local ordinance; or. 1, eff. 576, Sec. 9, eff. 576, Sec. Amended as Sec. Venue for an action under this chapter is governed by Section 15.0115, Civil Practice and Remedies Code. Jan. 1, 1984. 92.0562. (a) The tenant may not withhold payment of any portion of the last month's rent on grounds that the security deposit is security for unpaid rent. (c) When deducting for the tenant's payment of the landlord's utility bill under this section, the tenant shall submit to the landlord a copy of a receipt from the utility company which evidences the amount of payment made by the tenant to reconnect or avert cutoff of utilities. Common areas - When properties have community . TENANT REMEDIES FOR OTHER LANDLORD VIOLATIONS. (c) The expense of rekeying security devices for purposes of the use or change of the landlord's master key must be paid by the landlord. 2, eff. Jan. 1, 1984. A reconnection fee may not be applied unless agreed to by the tenant in a written lease that states the exact dollar amount of the reconnection fee. If the tenants in common were unmarried but a couple, the late tenant may have left her share to her partner in her will. 1120), Sec. Even if the dwelling is not in a 100-year floodplain, the dwelling may still be susceptible to flooding. Understanding the law when it comes to Texas Property Code Locks. Jan. 1, 1984. January 1, 2010. (C) designed to prevent the door from being opened. Sec. 92.262. Jan. 1, 1996. Under a tenancy in common, all tenants own an undivided interest in the property. (4) a living unit in an apartment, condominium, cooperative, or townhome project. 165, Sec. Added by Acts 2013, 83rd Leg., R.S., Ch. SUBCHAPTER A. by a joint tenancy with a right of survivorship; or (D) by any other survivorship agreement in which the interest of the decedent passes to a surviving . Renumbered from Property Code Sec. (h) If a writ of possession is issued, it supersedes a writ of reentry. (2) checking to ensure the fire extinguisher gauge or pressure indicator indicates the correct pressure as recommended by the manufacturer of the fire extinguisher. (c) A security device required by Subsection (a) or (b) must be installed at the landlord's expense. 92.016. A landlord and tenant may agree to the provisions of this subsection only if the agreement meets the requirements of Subdivision (4) of Subsection (e) of this section. (D) the agreement is made knowingly, voluntarily, and for consideration. When one co-owner dies, the interest . 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. (a) A keyed dead bolt or a keyless bolting device required by this subchapter must be installed at a height: (1) not lower than 36 inches from the floor; and, (A) 54 inches from the floor, if installed before September 1, 1993; or. 3, eff. Each person can hold an equal or unequal percentage of the overall property. Sec. (a) Except as provided in Subsection (b), a landlord who receives a security deposit or rent prepayment for a dwelling from a tenant who fails to occupy the dwelling according to a lease between the landlord and the tenant may not retain the security deposit or rent prepayment if: (1) the tenant secures a replacement tenant satisfactory to the landlord and the replacement tenant occupies the dwelling on or before the commencement date of the lease; or. (2) made a notation in the landlord's files of the time, place, and method of providing the notice and the name of the person who delivered the notice by: (A) hand delivery to the tenant or any occupant of the tenant's dwelling over the age of 16 years at the tenant's dwelling; (B) facsimile to a facsimile number the tenant provided to the landlord for the purpose of receiving notices; or. (i) If the landlord or the person on whom a writ of restoration of utility service is served fails to immediately comply with the writ or later disobeys the writ, the failure is grounds for contempt of court against the landlord or the person on whom the writ was served under Section 21.002, Government Code. Acts 1983, 68th Leg., p. 3646, ch. 92.111. (C) located on the same lot or tract or adjacent lots or tracts of land. NOTICE FOR DWELLING LOCATED IN FLOODPLAIN. Sec. The nonprevailing party in a suit under this section is liable to the prevailing party for reasonable attorney's fees and court costs. RETALIATION BY LANDLORD. (3) the amount of rent and other charges for which the tenant is delinquent. 357, Sec. Sec. (a) A landlord shall accept a tenant's timely cash rental payment unless a written lease between the landlord and tenant requires the tenant to make rental payments by check, money order, or other traceable or negotiable instrument. January 1, 2020. 576, Sec. Sec. 39 (H.B. (e) If a rule or policy change is made during the term of the lease agreement, the change: (A) apply to all of the landlord's tenants in the same multiunit complex and be based on necessity, safety or security of tenants, reasonable requirements for construction on the premises, or respect for other tenants' parking rights; or, (B) be adopted based on the tenant's written consent; and. CHAPTER 29. April 1, 2002. (a) If, at the time of signing a lease or lease renewal, a tenant gives written notice to the tenant's landlord that the tenant does not occupy the leased premises as a primary residence and requests in writing that the landlord send notices to the tenant at the tenant's primary residence and provides to the landlord the address of the tenant's primary residence, the landlord shall mail to the tenant's primary residence: (3) all notices of rental increases at the end of the lease term; and. 4th 1122, 1128, as . Acts 2017, 85th Leg., R.S., Ch. The tenant has the burden of proving that the misuse or damage was caused by another party. 92.332. 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. (a) A tenant shall notify the landlord of a rent deduction attributable to the tenant's installing, repairing, changing, replacing, or rekeying of a security device under Section 92.164(a)(1) or 92.165(1) after the landlord's failure to comply with this subchapter. Amended by Acts 1997, 75th Leg., ch. REKEYING OR CHANGE OF SECURITY DEVICES. Tex. 9, eff. (d) A landlord to whom Subsection (a) does not apply must provide to a tenant a telephone number for the purpose of reporting emergencies described by that subsection. Acts 1983, 68th Leg., p. 3647, ch. (c) If the rules or policies are contained in the lease agreement or an attachment to the lease agreement, the title to the paragraph containing the rules or policies must read "Parking" or "Parking Rules" and be capitalized, underlined, or printed in bold print. 3, eff. 689, Sec. A tenant's request or notice under this subchapter may be given orally unless the tenant has a written lease that requires the request or notice to be in writing and that requirement is underlined or in boldfaced print in the lease. Aug. 28, 1989. (9) "Possession of a dwelling" means occupancy by a tenant under a lease, including occupancy until the time the tenant moves out or a writ of possession is issued by a court. 6, eff. 1168), Sec. 92.333. Acts 2013, 83rd Leg., R.S., Ch. 1, eff. (a) Except as provided in Subsection (b), a landlord is presumed to have given notice of an applicant's acceptance or rejection if the notice is by: (1) telephone to the applicant, co-applicant, or a person living with the applicant or co-applicant on or before the required date; or. 1, eff. Amended by Acts 1989, 71st Leg., ch. Jan. 1, 1996. However, many disputes do not reach court and are settled between the landlord and tenant. (B) a doorknob lock that contains a bolt with at least a one-inch throw. 917 (H.B. Amended by Acts 1989, 71st Leg., ch. (2) on the date the tenant terminates the lease or files suit the tenant has not fully paid costs requested by the landlord and authorized by Section 92.258. Unless the landlord and tenant agree otherwise under Subsection (g) of this section, repairs may not be made by the tenant, the tenant's immediate family, the tenant's employer or employees, or a company in which the tenant has an ownership interest. 92.062. 7, 2021. 2, eff. Section 23.001 et seq. January 1, 2016. 1168), Sec. January 1, 2010. 576, Sec. (b) Except as provided by this section, a landlord may not interrupt or cause the interruption of water, wastewater, gas, or electric service furnished to a tenant by the landlord as an incident of the tenancy or by other agreement unless the interruption results from bona fide repairs, construction, or an emergency. If a municipality or a county revokes a certificate of occupancy for a leased premises because of the landlord's failure to maintain the premises, the landlord is liable to a tenant who is not in default under the lease for: (1) the full amount of the tenant's security deposit; (2) the pro rata portion of any rental payment the tenant has paid in advance; (3) the tenant's actual damages, including any moving costs, utility connection fees, storage fees, and lost wages; and. 17, eff. The writ of reentry must notify the landlord of the right to a hearing. APPLICATION. Sept. 1, 1997. Renumbered from Sec. (e-1) A landlord who changes the locks or otherwise prevents a tenant from entering the tenant's individual rental unit may not change the locks or otherwise prevent a tenant from entering a common area of residential rental property. (g) A smoke alarm that is in good working order at the beginning of a tenant's possession is presumed to be in good working order until the tenant requests repair of the smoke alarm as provided by this subchapter. Sec. The landlord has a defense to liability under Section 92.259 if: (1) on the date the tenant gives the notice required by Section 92.259 the tenant has not paid all rent due from the tenant; or. Jan. 1, 1984. 2, eff. (2) may not be effective before the 14th day after the date notice of the change is delivered to the tenant, unless the change is the result of a construction or utility emergency. (f) If a landlord or a landlord's agent violates this section, the tenant may: (1) either recover possession of the premises or terminate the lease; and. 92.1031. Jan. 1, 1984. (k) A landlord may not change the locks on the door of a tenant's dwelling under Subsection (b)(3): (1) when the tenant or any other legal occupant is in the dwelling; or. (j) This section does not affect a tenant's right to pursue a separate cause of action under Section 92.0081. Jan. 1, 1984. In tenants in common circumstances, each person holds an individual, undivided ownership interest, which gives them an equal right to use the property or transfer their ownership . This happens even if the decedent left the property to heirs using a Will. (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. At Lindquist Wood Edwards LLP, we represent both commercial landlords and tenants in a variety of legal matters. (f) A tenant who elects to terminate the lease under Subsection (e) is: (1) entitled to a pro rata refund of rent from the date of termination or the date the tenant moves out, whichever is later; (2) entitled to 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 according to law; and. 917 (H.B. 918, Sec. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. Sept. 1, 1995; Acts 1997, 75th Leg., ch. A tenant of a landlord who is liable under Section 92.259 may obtain or exercise one or more of the following remedies: (1) a court order directing the landlord to comply with the tenant's request if the tenant is in possession of the dwelling unit; (2) a judgment against the landlord for damages suffered by the tenant because of the landlord's violation; (3) a judgment against the landlord for a civil penalty of one month's rent plus $100 if the landlord violates Section 92.259(a)(2); (4) a judgment against the landlord for court costs; (5) a judgment against the landlord for attorney's fees in an action under Subdivision (1) or (3); and. 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, or alter a security device or have it removed, changed, rekeyed, replaced, or altered without permission of the landlord. Section 511. Added by Acts 1995, 74th Leg., ch. 1, eff. Acts 2015, 84th Leg., R.S., Ch. Sec. They are: Dwellings that are part of a multi-unit complex in which the majority of tenants are over age 55 or have physical or mental disabilities. A landlord complies with the requirements of this subchapter relating to the provision of smoke alarms in the dwelling unit if the landlord: (1) has a fire detection device, as defined by Section 6002.002, Insurance Code, that includes a fire alarm device, as defined by Section 6002.002, Insurance Code, installed in a dwelling unit; or. If on a ceiling, it must be no closer than six inches to a wall or otherwise located in accordance with the manufacturer's installation instructions. 1060 (H.B. (2) increasing rent or reducing services as part of a pattern of rent increases or service reductions for an entire multidwelling project. 576, Sec. This means that you have the same six-month protection period. 3, eff. 200, Sec. U.S.C. 5, eff. Amended by Acts 1995, 74th Leg., ch. 1, eff. Jan. 1, 1984. 744, Sec. 600 (H.B. (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. The copy of the rules or policies must be: (2) included in a lease agreement signed by the tenant; or. The tenant may unilaterally terminate the lease or exercise other remedies under Sections 92.164 and 92.165 after receiving written notice from a management company that the owner of the dwelling has not provided or will not provide funds to repair, install, change, replace, or rekey a security device as required by this subchapter. (g) If a landlord arrives at the dwelling in a timely manner in response to a tenant's telephone call to the number contained in the notice as described by Subsection (c)(1) and the tenant is not present to receive the key to the changed lock, the landlord shall leave a notice on the front door of the dwelling stating the time the landlord arrived with the key and the street address to which the tenant may go to obtain the key during the landlord's normal office hours. Aug. 31, 1987. (c) Except as provided in Subsection (d), in the event of the death of a tenant who is the sole occupant of a rental dwelling: (1) the landlord may remove and store all property found in the tenant's leased premises; (2) the landlord shall turn over possession of the property to the person who was designated by the tenant under Subsection (a) or (b) or to any other person lawfully entitled to the property if the request is made prior to the property being discarded under Subdivision (5); (3) the landlord shall refund the tenant's security deposit, less lawful deductions, including the cost of removing and storing the property, to the person designated under Subsection (a) or (b) or to any other person lawfully entitled to the refund; (4) the landlord may require any person who removes the property from the tenant's leased premises to sign an inventory of the property being removed; and. 869, Sec. 337 (H.B. If another provision of this subchapter conflicts with this section, this section controls. DISCLOSURE OF OWNERSHIP AND MANAGEMENT. (D) in underlined or bold print, the tenant's right to receive a key to the new lock at any hour, regardless of whether the tenant pays the delinquent rent. INSTALLATION AND LOCATION. If the justice finds, after considering the evidence at the hearing, that the person has directly or indirectly disobeyed the writ, the justice may commit the person to jail without bail until the person purges himself of the contempt in a manner and form as the justice may direct. 1099), Sec. It is also regulated by the Texas property code. A managing agent or an agent to whom rent is regularly paid, whether residing or maintaining an office on-site or off-site, is the agent of the landlord for purposes of notice and other communications required or permitted by this subchapter. (3) For conditions other than those specified in Subdivision (2) of this subsection, if the new landlord acquires title as described in this subsection and has notified the tenant of the name and address of the new landlord or the new landlord's authorized agent and if the tenant has not already contracted for the repair or remedy at the time the tenant is so notified, the tenant must deliver to the new landlord a written notice of intent to repair or remedy the condition, and the new landlord shall have a reasonable time to complete the repair before the tenant may repair or remedy the condition. (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. Amended by Acts 1997, 75th Leg., ch. (f) If a landlord, after being furnished with a copy of this subchapter, knowingly violates Subsection (c), the landlord shall be liable to the estate of the deceased tenant for actual damages. 1, eff. PROPERTY CODE. Sec. Statutes Title 8, Landlord and Tenant; Chapter 92, Residential Tenancies. 1399), Sec. Sec. In an eviction suit, retaliation by the landlord under Section 92.331 is a defense and a rent deduction lawfully made by the tenant under this chapter is a defense for nonpayment of the rent to the extent allowed by this chapter. While the city would forego property tax revenue, the money that tenants are able to save in rent will be spent in the local economy on other life . Sept. 1, 1997. TENANT'S JUDICIAL REMEDIES. 200, Sec. 48, Sec. GENERAL PROVISIONS. Overview. Sept. 1, 1993; Acts 1995, 74th Leg., ch. Sec. Jan. 1, 1996. (a) Subject to Subsection (b), if the life tenant of a legal life estate is given the power to sell and reinvest any life tenancy property, the life tenant is subject, with respect to the sale and investment of the property, to all of the fiduciary duties of a trustee imposed by the Texas Trust Code (Subtitle B, Title 9 . Unless possession of a firearm or firearm ammunition on a landlord's property is prohibited by state or federal law, a landlord may not prohibit a tenant or a tenant's guest from lawfully possessing, carrying, transporting, or storing a firearm, any part of a firearm, or firearm ammunition: (2) in a vehicle located in a parking area provided for tenants or guests by the landlord of the leased premises; or. 92.159. The notice shall also contain a reasonable description of the intended repair or remedy. (e) This section relates only to a fee, charge, or other sum of money required to be paid under the lease if rent is not paid as provided by Subsection (a)(3), and does not affect the landlord's right to terminate the lease or take other action permitted by the lease or other law. LANDLORD'S DEFENSES RELATING TO COMPLIANCE WITH TENANT'S REQUEST. (c) If the property is located in a municipality, the customer shall provide the same notice described by Subsection (b) to the governing body of that municipality by certified mail. The customer must provide the notice by mail to the tenant's or owner's preferred mailing address or hand deliver the notice to the tenant or owner. 1205, Sec. Acts 1983, 68th Leg., p. 3653, ch. 942, Sec. (i) A landlord may not charge a tenant for normal wear and tear of a dwelling. Renumbered from Sec. (b) A landlord who receives a cash rental payment shall: (1) provide the tenant with a written receipt; and. 23.011, eff. Acts 1983, 68th Leg., p. 3631, 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. When secured to the screw hooks, the bar or tube must prevent the door from being opened unless the bar or tube is removed by a person who is on the interior side of the door. Amended by Acts 2001, 77th Leg., ch. 576, Sec. 4, eff. (b) The tenant must file with the justice court in the precinct in which the rental premises are located a sworn complaint for reentry, specifying the facts of the alleged unlawful lockout by the landlord or the landlord's agent. 48, Sec. Added by Acts 2013, 83rd Leg., R.S., Ch. 3101), Sec. (g) A party may appeal from the court's judgment at the hearing on the sworn complaint for reentry in the same manner as a party may appeal a judgment in a forcible detainer suit. Jan. 1, 1984. 92.003. 1, eff. (d) A customer is not required to provide the notices described by this section if the customer avoids the disconnection by paying the bill. (4) the fee, unless otherwise specified, is not paying for insurance that covers the tenant or otherwise changes the tenant's obligation to pay rent and damages beyond normal wear and tear. (k) The fee for filing a sworn complaint for restoration of utility service is the same as that for filing a civil action in justice court. 1448), Sec. (D) The landlord has been notified in writing by the appropriate local housing, building, or health official or other official having jurisdiction that the condition materially affects the health or safety of an ordinary tenant. 2, eff. Sec. (a) The landlord is not obligated to return a tenant's security deposit or give the tenant a written description of damages and charges until the tenant gives the landlord a written statement of the tenant's forwarding address for the purpose of refunding the security deposit. (b) If after a casualty loss the rental premises are as a practical matter totally unusable for residential purposes and if the casualty loss is not caused by the negligence or fault of the tenant, a member of the tenant's family, or a guest or invitee of the tenant, either the landlord or the tenant may terminate the lease by giving written notice to the other any time before repairs are completed. (2) after the tenant moves out the landlord will either immediately demolish the rental unit or no longer use the unit for residential purposes. The justice may defer payment of the tenant's filing fees and service costs for the sworn complaint for reentry and writ of reentry. Committed to Public Service. (e) The landlord has met the duty to inspect and repair if the smoke alarm is in good working order after the landlord tests the smoke alarm with smoke, operates the testing button on the smoke alarm, or follows other recommended test procedures of the manufacturer for the particular model. 92.2571. (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. 1, eff. (j) A provision of a lease that purports to waive a right or to exempt a party from a liability or duty under this section is void. Acts 2015, 84th Leg., R.S., Ch. 869, Sec. (g) A party may appeal from the court's judgment at the hearing on the sworn complaint for restoration of utility service in the same manner as a party may appeal a judgment in a forcible detainer suit. 4, eff. (4) obtain judicial remedies according to Section 92.0563. 1, eff. The tenants don't have to have equal ownership interestsone can own a 25% share of the property while the other holds 75% ownership. 5, eff. 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. 1, eff. 576, Sec. 28.01, eff. - statute gives landlord the right to terminate a lease executed or renewed after June 15, 1981 and tenant is convicted under the "indecency" provision of the Texas Penal Code and appeals have been exhausted. 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