92.162. January 1, 2014. 337 (H.B. In general, co-ownership of property in Texas is presumed to be a tenancy in common, absent explicit language to the contrary, as discussed below. 11, eff. In Texas, a husband and wife may take title to property as husband and wife, as community property, since Texas is a community property state. (b) The tenant's deduction for the cost of the repair or remedy may not exceed the amount of one month's rent under the lease or $500, whichever is greater. 92.0135. Under Texas property codes, the landlord is responsible for a healthy as well as structurally safe building. If the insurance company has already paid the landlord for the invalidated claim, the landlord shall return the payment. 475 (S.B. If the person disobeyed the writ before receiving the show cause order but has complied with the writ after receiving the order, the justice may find the person in contempt and assess punishment under Section 21.002(c), Government Code. (d) A landlord may not intentionally prevent a tenant from entering the leased premises under Subsection (b)(3) unless: (1) the landlord's right to change the locks because of a tenant's failure to timely pay rent is placed in the lease; (2) the tenant is delinquent in paying all or part of the rent; and. The term includes a door between a living area and a garage but does not include a sliding glass door or a screen door. . 5, eff. Sec. a) A landlord 's liability under this section is subject to Section 92.052(b) regarding conditions that are caused by a tenant and Section 92.054 regarding conditions that are insured casualties. Acts 2005, 79th Leg., Ch. 165, Sec. Added by Acts 1999, 76th Leg., ch. Rent delinquency is not a defense for a violation of Section 92.204. 2d 541, 548; accord Hacienda Ranch Homes, Inc. v. Superior Ct. (2011) 198 Cal.App. 689, Sec. 1, eff. A common tenant defense is that their landlord did not adhere to all the legal requirements for evicting them. 5, eff. 3, eff. SUBCHAPTER B. Sec. Acts 2015, 84th Leg., R.S., Ch. 92.252. HB 262 adds Section 75.0025 to the Texas Civil Practice and Remedies Code, which establishes a limitation on the liability of property owners, including Homeowners Associations, that allow their property (ie., common elements or common areas) to be used as a "community garden.". 8, eff. 1, Sept. 1, 1995. Non-renewal of the lease after the rental period ends. 869, Sec. 576, Sec. The following are deeds that are used for transfer of real property in Texas: Texas Deed Transfer Sept. 1, 1999. 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. 650, Sec. The notice shall also contain a reasonable description of the intended repair or remedy. Sec. Notice in person may be by personal delivery to the tenant or any person residing at the tenant's dwelling who is 16 years of age or older or by personal delivery to the tenant's dwelling and affixing the notice to the inside of the main entry door. (2) 48 inches from the floor, if installed on or after September 1, 1993. (2) the late fee is more than the applicable amount under Subdivision (1), but not more than uncertain damages to the landlord related to the late payment of rent, including direct or indirect expenses, direct or indirect costs, or overhead associated with the collection of late payment. The landlord shall keep accurate records of all security deposits. 1, eff. Following delivery of the affidavit, the landlord must continue diligent efforts to repair or remedy the condition. SECURITY DEPOSIT. 221 (H.B. Sec. (a) This subchapter does not apply to: (1) a room in a hotel, motel, or inn or to similar transient housing; (2) residential housing owned or operated by a public or private college or university accredited by a recognized accrediting agency as defined under Section 61.003, Education Code; (3) residential housing operated by preparatory schools accredited by the Texas Education Agency, a regional accrediting agency, or any accrediting agency recognized by the commissioner of education; or. Civil Practice and Remedies Code, alleging that a common nuisance is being maintained on the leased premises with . 92.0162. September 1, 2021. 92.253. 600 (H.B. Acts 1983, 68th Leg., p. 3650, ch. (4) a smoke alarm powered by alternating current was required by lawful city ordinance at the time of initial construction of the unit. Sec. (a) If a security deposit is required by a residential lease, the landlord may choose to offer the tenant an option to pay a fee in lieu of a security deposit. Damage, however, should be covered by the tenant. 92.0563. 8, eff. Sec. 332, Sec. Understanding the law when it comes to Texas Property Code Locks. Acts 1983, 68th Leg., p. 3640, ch. Sec. (2) "Landlord" means the owner, lessor, or . 1, eff. 593 (S.B. 92.017. A reasonable time for purposes of this subsection is presumed to be not later than the seventh day after the date the request is received by the landlord. 92.001. 92.024. (i) A landlord may not charge a tenant for normal wear and tear of a dwelling. SUBCHAPTER F. SMOKE ALARMS AND FIRE EXTINGUISHERS. Sec. 1, eff. Room near: Texas City Terminal Junction, Hitchcock Galveston County TX . Acts 2011, 82nd Leg., R.S., Ch. Amended by Acts 1995, 74th Leg., ch. CHAPTER 29. (C) designed to prevent the door from being opened. (b) If written notice of the name and business street address of the company that manages the dwelling has been given to the tenant, the management company is the owner's sole agent for service of process. Sept. 1, 1993. Jan. 1, 1998. Jan. 1, 1984. 869, Sec. Aug. 28, 1989. Acts 1983, 68th Leg., p. 3649, ch. Added by Acts 2007, 80th Leg., R.S., Ch. Added by Acts 2007, 80th Leg., R.S., Ch. January 1, 2008. 917 (H.B. Jan. 1, 1984. Sec. (b) If within the time allowed under Section 92.162(c) a landlord requests advance payment of charges that the landlord is entitled to collect under that section, the landlord shall comply with a tenant's request under Section 92.156(b), 92.157(a), or 92.157(b) within a reasonable time. 744, Sec. Specific sections cover the residential landlord's responsibility and liability for repairs, retaliation, the rental application, evictions, security deposits, lockouts, smoke . A landlord who issues a parking permit to a tenant: (1) must issue the permit for a term that is coterminous with the tenant's lease term; and. 1, eff. Sec. Acts 1983, 68th Leg., p. 3639, ch. CONDOMINIUMS. (c) This subchapter does not require the landlord: (1) to furnish utilities from a utility company if as a practical matter the utility lines of the company are not reasonably available; or. Sec. Sec. Jan. 1, 1984. (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. Sec. 91.002 by Acts 1987, 70th Leg., ch. 576, Sec. (15) "Tenant turnover date" means the date a tenant moves into a dwelling under a lease after all previous occupants have moved out. 3, eff. Jan. 1, 1984. Sept. 1, 1997. The notice must 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) service to this property is scheduled for disconnection on (date) because (reason for disconnection).". 2, eff. 4, eff. Sept. 1, 1987; Acts 1997, 75th Leg., ch. (a) A landlord or a landlord's agent may not interrupt or cause the interruption of utility service paid for directly to the utility company by a tenant unless the interruption results from bona fide repairs, construction, or an emergency. 92.012. Aug. 28, 1989. 92.107. 650, Sec. The owners may own the property either as tenants in common or as joint tenants with right of survivorship. Sept. 1, 1993. 869, Sec. AGENTS FOR DELIVERY OF NOTICE. LANDLORD'S DEFENSES RELATING TO COMPLIANCE WITH TENANT'S REQUEST. A sheriff or constable may use reasonable force in executing a writ of reentry under this section. CASUALTY LOSS. 942, Sec. (2) after the tenant moves out the landlord will either immediately demolish the rental unit or no longer use the unit for residential purposes. (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. 1, eff. 1293), Sec. The governing body of the municipality may provide additional notice to the property's tenants and owners after receipt of the service disconnection notice under this subsection. 92.331. 92.153. (c) If the tenant has complied with Subsection (b) and if the justice reasonably believes an unlawful lockout has likely occurred, the justice may issue, ex parte, a writ of reentry that entitles the tenant to immediate and temporary possession of the premises, pending a final hearing on the tenant's sworn complaint for reentry. September 1, 2011. You also are entitled to the same compensation if your landlord violates the law. 92.026. (2) knows or has reason to know that the requirements of the subsection granting the exemption are not fulfilled. 869, Sec. EMERGENCY PHONE NUMBER. (a) If the owner's interest in the premises is terminated by sale, assignment, death, appointment of a receiver, bankruptcy, or otherwise, the new owner is liable for the return of security deposits according to this subchapter from the date title to the premises is acquired. Acts 2019, 86th Leg., R.S., Ch. REMEDIES. LATE PAYMENT OF RENT; FEES. If on a wall, it must be no closer than six inches and no farther than 12 inches from the ceiling or otherwise located in accordance with the manufacturer's installation instructions. (4) a temporary residential tenancy created by a contract for sale in which the buyer occupies the property before closing or the seller occupies the property after closing for a specific term not to exceed 90 days. Sept. 1, 1993. 3, eff. The drop bolt system must prevent the door from being opened unless the central plate is lifted off of the doorjamb restraint by a person who is on the interior side of the door. 869, Sec. (b) A management company or managing agent who is not the owner of a dwelling and who has not purported to be the owner in the lease has a defense to liability under Sections 92.164 and 92.165 if before the date the tenant is in possession of the dwelling or the date of the tenant's request for installation, repair, replacement, change, or rekeying and before any property damage or personal injury to the tenant, the management company or managing agent: (1) did not have funds of the dwelling owner in its possession or control with which to comply with this subchapter; (2) made written request to the dwelling owner that the owner fund and allow installation, repair, change, replacement, or rekeying of security devices as required under this subchapter and mailed the request, certified mail return receipt requested, to the dwelling owner; and. (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. (2) enter the payment date and amount in a record book maintained by the landlord. DEFINITIONS. 1, 3, eff. 1, eff. So one key difference between a tenancy in common and other forms of concurrent ownership is that the code tenants can have different ownership interests in the land. 2, eff. Sec. 92.204. 23.001. Acts 1983, 68th Leg., p. 3647, ch. (16) "Window latch" means a device on a window that prevents the window from being opened and that is operated without a key and only from the interior. 48, Sec. The request must be a separate document and may not be included as part of a lease agreement. The fee for service of a show cause order is the same as that for service of a civil citation. Sec. 794, Sec. 2, eff. AGENTS FOR DELIVERY OF NOTICE. (b) Unless the condition was caused by normal wear and tear, the landlord does not have a duty during the lease term or a renewal or extension to repair or remedy a condition caused by: (2) a lawful occupant in the tenant's dwelling; (3) a member of the tenant's family; or. Of these, the default and most common co-tenancy is tenants in common. 92.002. 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