92.158. CASUALTY LOSS. (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. If the landlord has already submitted to the insurer a claim for the voided indebtedness, the claim must be withdrawn. If a rental premises is, as a practical matter, totally unusable for residential purposes as a result of a natural disaster such as a hurricane, tornado, flood, extended freeze, or widespread windstorm, a landlord that allows a tenant to move to another rental unit owned by the landlord may not require the tenant to execute a lease for a term longer than the term remaining on the tenant's lease on the date the premises was rendered unusable as a result of the natural disaster. 576, Sec. September 1, 2011. (h) A security device required by this section must be operable throughout the time a tenant is in possession of a dwelling. Acts 2015, 84th Leg., R.S., Ch. Each common area facility, if any, must be open or available to tenants. (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. 946), Sec. 48, Sec. However, this subchapter does not: (1) affect a local ordinance adopted before September 1, 1981, that requires landlords to install smoke alarms in new or remodeled dwelling units before September 1, 1981, if the ordinance conforms with or is amended to conform with this subchapter; (2) limit or prevent adoption or enforcement of a local ordinance relating to fire safety as a part of a building, fire, or housing code, including any requirements relating to the installation of smoke alarms or the type of smoke alarms; (3) otherwise limit or prevent the adoption of a local ordinance that conforms to this subchapter but which contains additional enforcement provisions, except as provided by Subsection (b); or. 882), Sec. Sept. 1, 1993. (d) A landlord may rebut the presumption provided by Subsection (a) or (b) if despite the diligence of the landlord: (1) the landlord did not know of the tenant's request, without the fault of the landlord; (2) materials, labor, or utilities were unavailable; or. (a) A landlord who in bad faith retains a security deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees in a suit to recover the deposit. (i) A landlord may not charge a tenant for normal wear and tear of a dwelling. 576, Sec. 1, eff. Sec. If, after a landlord has notified a tenant in writing of (1) the illegality of the tenant's rent withholding or the tenant's proposed repair and (2) the penalties of this subchapter, the tenant withholds rent, causes repairs to be performed, or makes rent deductions for repairs in bad faith violation of this subchapter, the landlord may recover from the tenant a civil penalty of one month's rent plus $500. 1, eff. (5) court costs and attorney's fees, excluding any attorney's fees for a cause of action for damages relating to a personal injury. 92.262. While the tenancy in common exists, a unit owner and the owner's successors in interest have an exclusive right to occupy the portion of the real property that formerly constituted the owner's unit. (2) there is no controversy concerning the amount of rent owed. If the tenant's rent payment to the landlord is subsidized in whole or in part by a governmental entity, the civil penalty granted under this section shall reflect the fair market rent of the dwelling plus $500. (5) "Premises" means a tenant's rental unit, any area or facility the lease authorizes the tenant to use, and the appurtenances, grounds, and facilities held out for the use of tenants generally. 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. For non-spouses an example might look like John Doe and Jane Doe, as joint owners with rights of survivorship as provided by Texas Estates Code section 111.001, and not as tenants-in-common." Because the statute indicates that the joint owners must "agree in writing," it is suggested that the joint owners also sign the deed indicating . 2, eff. Sec. The fee for service of a writ of reentry is the same as that for service of a writ of possession. 10, eff. 31.01(71), eff. Acts 1983, 68th Leg., p. 3638, ch. Acts 1983, 68th Leg., p. 3650, ch. RETALIATION BY LANDLORD. 92.334 by Acts 1997, 75th Leg., ch. (4) a judgment against the tenant for reasonable attorney's fees. (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. January 1, 2020. The fee for service of a writ of restoration of utility service is the same as that for service of a writ of possession. (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. Acts 1983, 68th Leg., p. 3653, ch. (2) "Occupant" means a person who has the landlord's consent to occupy a dwelling but has no obligation to pay the rent for the dwelling. Acts 2019, 86th Leg., R.S., Ch. If a landlord removes any of the items listed in this subsection for a bona fide repair or replacement, the repair or replacement must be promptly performed. 869, Sec. 16, eff. Jan. 1, 1984. Acts 1983, 68th Leg., p. 3633, ch. 2022 Texas Statutes Property Code Title 8 - Landlord and Tenant Chapter 92 . September 1, 2019. 31.01(71), eff. (3) the landlord has locally mailed not later than the fifth calendar day before the date on which the door locks are changed or hand-delivered to the tenant or posted on the inside of the main entry door of the tenant's dwelling not later than the third calendar day before the date on which the door locks are changed a written notice stating: (A) the earliest date that the landlord proposes to change the door locks; (B) the amount of rent the tenant must pay to prevent changing of the door locks; (C) the name and street address of the individual to whom, or the location of the on-site management office at which, the delinquent rent may be discussed or paid during the landlord's normal business hours; and. Room near: Texas City Terminal Junction, Hitchcock Galveston County TX . (c) Subsection (a) does not apply to a real estate mortgage lienholder who acquires title by foreclosure. LANDLORD'S DUTY TO REPAIR OR REPLACE SECURITY DEVICE. (b) Termination of a lease under this section is effective on the later of: (1) the 30th day after the date on which the notice under Subsection (a) was provided; or. (a) The tenant must delay contracting for repairs under Section 92.0561 if, before the tenant contracts for the repairs, the landlord delivers to the tenant an affidavit, signed and sworn to under oath by the landlord or his authorized agent and complying with this section. This means that if the property is real estate, no tenant can exclude any other tenant from any part of the property. (5) If the new landlord violates this subsection, the new landlord is liable to the tenant for a civil penalty of one month's rent plus $2,000, actual damages, and attorney's fees. A landlord who violates this section shall be liable to the tenant for all judicial remedies under Section 92.0563 except that the civil penalty under Subdivision (3) of Subsection (a) of Section 92.0563 shall be one month's rent plus $1,000. (2) "Applicant" or "rental applicant" means a person who makes an application to a landlord for rental of a dwelling. SECURITY DEVICES REQUESTED BY TENANT. 2, eff. (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. (3) changing the door locks on the door to the tenant's individual unit of a tenant who is delinquent in paying at least part of the rent. In Ohio, tenants in common each have a distinct title and right to enter upon the whole of the real estate and take possession even if the ownership share is less than other tenants in common. Nine states have community property laws: Wisconsin, Louisiana, Texas, New Mexico, Arizona, California . As you have learned here already, tenancy in common is an arrangement where two or more people share ownership rights in a property. Jan. 1, 1996. (b) A tenant who violates this section is presumed to have acted in bad faith. Acts 2007, 80th Leg., R.S., Ch. June 19, 2009. For purposes of this subsection, there shall be a rebuttable presumption that the landlord acted without knowledge of the violation. Redesignated from Property Code Sec. 92.259. (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 or safety of an ordinary tenant. Joint Tenancies And Tenancies In Common In Texas. PERSONAL PROPERTY AND SECURITY DEPOSIT OF DECEASED TENANT. 4, eff. (d) This section does not apply to locks on closet doors or other interior doors. (i) Except as provided by Subsection (j), a tenant's right to terminate a lease before the end of the lease term, vacate the dwelling, and avoid liability under this section may not be waived by a tenant. January 1, 2016. A landlord is presumed to have refunded a security deposit or made an accounting of security deposit deductions if, on or before the date required under this subchapter, the refund or accounting is placed in the United States mail and postmarked on or before the required date. Jan. 1, 1996. Acts 2013, 83rd Leg., R.S., Ch. January 1, 2010. January 1, 2016. 92.008 Williamson v. Howard Texas Property Code Ac. (d) Except as provided by Subsection (f), 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. (12) "Sliding door handle latch" means a latch or lock: (A) located near the handle on a sliding glass door; (B) operated with or without a key; and. Amended by Acts 1993, 73rd Leg., ch. Amended by Acts 1989, 71st Leg., ch. Jan. 1, 1996. A mutual agreement for tenant repair under Subsection (g) of Section 92.0561 is not a violation of Section 92.006. Jan. 1, 1984. 5, eff. (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. (b) A tenant may terminate the tenant's rights and obligations under a lease and may vacate the dwelling and avoid liability for future rent and any other sums due under the lease for terminating the lease and vacating the dwelling before the end of the lease term if the tenant complies with Subsection (c). 824 (S.B. Sec. January 1, 2008. (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. The term does not include dates of entry or occupation not authorized by the landlord. 1, eff. 869, Sec. But they have different title percentages of ownership. January 1, 2021. Sept. 1, 2001. (g) 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 certain sexual offenses or stalking.". Tenancy in . The screw hooks must be at least three inches in length and must be screwed into the door frame stud or wall stud on each side of the door. 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. LeaseRunner's Texas lease uses the 24 hour . (a) A cause of action does not accrue against a landlord or a landlord's manager or agent solely for leasing a dwelling to a tenant convicted of, or arrested or placed on deferred adjudication for, an offense. If neither box is checked, you should assume the dwelling is in a 100-year floodplain. (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. The landlord has the burden of proving that the tenant received a copy of the rule or policy change. Co-Owners Who Are Not Spouses. (b) Notwithstanding this subchapter, a person licensed to install fire alarms or fire detection devices under Chapter 6002, Insurance Code, shall comply with that chapter when installing smoke alarms. Jan. 1, 1998. The notice shall also contain a reasonable description of the intended repair or remedy. 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