4, eff. 92.153. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. Acts 1983, 68th Leg., p. 3638, ch. CHAPTER 93. 576, Sec. 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. Sec. CONDITIONS FOR RETENTION OF SECURITY DEPOSIT OR RENT PREPAYMENT. Each type of co-tenancy provides each owner with a non-exclusive right to use, occupy, and possess . (3) file suit against the landlord and obtain a judgment for: (C) punitive damages if the tenant suffers actual damages and the landlord's failure to comply is intentional, malicious, or grossly negligent; Sec. (3) a delay was caused by circumstances beyond the landlord's control, including the illness or death of the landlord or a member of the landlord's immediate family. (a) A landlord shall disclose to a tenant, or to any government official or employee acting in an official capacity, according to this subchapter: (1) the name and either a street or post office box address of the holder of record title, according to the deed records in the county clerk's office, of the dwelling rented by the tenant or inquired about by the government official or employee acting in an official capacity; and. 683, Sec. These means that upon the death of one owner their share of the property will pass to the surviving co-owners. (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. Acts 1983, 68th Leg., p. 3653, ch. (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. 92.009. A tenant or occupant in the dwelling is over age 55 or has a physical or mental disability. EMERGENCY PHONE NUMBER. Amended by Acts 1989, 71st Leg., ch. 48, Sec. But they have different title percentages of ownership. 92.258. This article will briefly explore these types of concurrent estates. September 1, 2021. 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. (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. (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). 48, Sec. These co-owners hold an undivided interest and right to possess the property. REMOVAL OR ALTERATION OF SECURITY DEVICE BY TENANT. Amended by Acts 1993, 73rd Leg., ch. NOTICE REGARDING VEHICLE TOWING OR PARKING RULES OR POLICIES. 1, eff. (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. 92.008(b) to (f) and amended by Acts 1995, 74th Leg., ch. The term includes a door between a living area and a garage but does not include a sliding glass door or a screen door. (1) "Adult" means an individual 18 years of age or older. 126, Sec. 576, Sec. Sec. Added by Acts 2013, 83rd Leg., R.S., Ch. Acts 1983, 68th Leg., p. 3648, ch. Sec. Statutes Title 8, Landlord and Tenant; Chapter 92, Residential Tenancies. If you have any questions regarding co-ownership of property in Austin, Round Rock, or Pflugerville, contract the real estate and probate attorneys at the Law Office of Farren Sheehan for a consultation. 2, eff. Added by Acts 2007, 80th Leg., R.S., Ch. 92.331. Under a tenancy in common, all tenants own an undivided interest in the property. 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. (b) A person may specify in writing in an original lease that the person will guarantee a renewal of the lease only if the original lease states: (1) the last date, as specified by the guarantor, on which the renewal of the lease will renew the obligation of the guarantor; (2) that the guarantor is liable under a renewal of the lease that occurs on or before that date; and. 1186), Sec. The duties of a landlord and the remedies of a tenant under this subchapter are in lieu of the common law, other statutory law, and local ordinances relating to the disclosure of ownership and management of a dwelling by a landlord to a tenant. 2d 541, 548; accord Hacienda Ranch Homes, Inc. v. Superior Ct. (2011) 198 Cal.App. 91.002 and amended by Acts 1989, 71st Leg., ch. Acts 2013, 83rd Leg., R.S., Ch. (a) Except as otherwise provided by Subsection (e), a security device operated by a key, card, or combination shall be rekeyed by the landlord at the landlord's expense not later than the seventh day after each tenant turnover date. 1367), Sec. 1205, Sec. (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. LEASE WITHOUT SECURITY DEPOSIT; REQUIRED NOTICE. 744, Sec. In this subchapter: (1) "Doorknob lock" means a lock in a doorknob, with the lock operated from the exterior by a key, card, or combination and from the interior without a key, card, or combination. 650, Sec. Sept. 1, 1993. 938, Sec. 1, eff. Under the Texas Property Code, you have five options to serve an eviction notice on your renter. Aug. 31, 1987. (2) "Landlord" means the owner, lessor, or sublessor of a dwelling, but does not include 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. For example one may own 30 percent of the property while the other owns 70 percent, but despite those ultimate ownership shares, each owner has the right to occupy and use all of the property while . (d) If a landlord knows that flooding has damaged any portion of a dwelling at least once during the five-year period immediately preceding the effective date of the lease, the landlord shall provide a written notice to a tenant that is substantially equivalent to the following: "(Landlord) ( ) is or ( ) is not aware that the dwelling you are renting has flooded at least once within the last five years.". Amended by Acts 1989, 71st Leg., ch. The fair market rent shall be determined by the governmental agency subsidizing the rent, or in the absence of such a determination, it shall be a reasonable amount of rent under the circumstances. (c) In an action brought by a tenant under this subchapter, the landlord has the burden of proving that the retention of any portion of the security deposit was reasonable. Property is often owned by two or more people simultaneously. Acts 2005, 79th Leg., Ch. EFFECT ON OTHER LANDLORD DUTIES AND TENANT REMEDIES. 357, Sec. 1, eff. Sec. Nine states have community property laws: Wisconsin, Louisiana, Texas, New Mexico, Arizona, California . (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. The landlord shall have the burden of pleading and proving good faith and continued diligence for subsequent affidavits for delay. Jan. 1, 1984. Sec. On receipt of an affidavit, the justice shall issue a show cause order, directing the person to appear on a designated date and show cause why he should not be adjudged in contempt of court. 92.062. 744, Sec. HEIGHT, STRIKE PLATE, AND THROW REQUIREMENTS--KEYED DEAD BOLT OR KEYLESS BOLTING DEVICE. 917 (H.B. (a) A landlord shall make a diligent effort to repair or remedy a condition if: (1) the tenant specifies the condition in a notice to the person to whom or to the place where rent is normally paid; (2) the tenant is not delinquent in the payment of rent at the time notice is given; and, (A) materially affects the physical health or safety of an ordinary tenant; or. Sec. RESIDENTIAL TENANCIES. Acts 2013, 83rd Leg., R.S., Ch. Tenant . 15 (S.B. 1, eff. Acts 2009, 81st Leg., R.S., Ch. (a) In a lawsuit by a tenant under either a written or oral lease for a dwelling or in a suit to enforce a legal obligation of the owner as landlord of the dwelling, the owner's agent for service of process is determined according to this section. 189 (S.B. Sec. 1367), Sec. 200, Sec. 1112, Sec. 92.059 and amended by Acts 1995, 74th Leg., ch. (B) The landlord has expressly or impliedly agreed in the lease to furnish potable water to the tenant's dwelling and the water service to the dwelling has totally ceased. (c) A landlord's duties and the tenant's remedies under Subchapter B, which covers conditions materially affecting the physical health or safety of the ordinary tenant, may not be waived except as provided in Subsections (d), (e), and (f) of this section. Jan. 1, 1996. Jan. 1, 1996. 869, Sec. 650, Sec. 5, eff. (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. Added by Acts 1993, 73rd Leg., ch. Texas Property Code section 92.056 states: " For a condition that materially affects the physical health or safety of an ordinary tenant, the landlord is required to make repairs or to remedy the condition .". WAIVER OR EXPANSION OF DUTIES AND REMEDIES. This chapter applies only to the relationship between landlords and tenants of residential rental property. 1, eff. APPLICATION. 92.054. However, this subchapter does not prohibit the adoption of a local ordinance that conforms to this subchapter but which contains additional enforcement provisions. 76, Sec. Aug. 28, 1995. Sept. 1, 1995. Added by Acts 1999, 76th Leg., ch. (b) A landlord may require a tenant to pay for repair or replacement of a security 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 guest, and not by normal wear and tear. Sec. (d) The tenant remedies under this section are effective on the date the tenant has notice from the utility company of a future cutoff or notice of an actual cutoff, whichever is sooner. Sec. 630), Sec. Sec. Added by Acts 2011, 82nd Leg., R.S., Ch. (b) Unless otherwise provided in a written lease, a tenant shall provide one duplicate of the key to any key-operated security device installed or rekeyed by the tenant under Section 92.164(a)(1) or 92.165(1) within a reasonable time after the landlord's written request for the key. repair or remedy conditions on the premises that materially affect the physical health or safety of an ordinary tenant of the manufactured home community. 257 (H.B. (h) This section does not affect a tenant's liability for delinquent, unpaid rent or other sums owed to the landlord before the date the lease was terminated by the tenant under this section. 576, 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. (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. Sept. 1, 1993. (g) 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. Sec. (a) In this section, "occupant" has the meaning assigned by Section 92.016. (B) to deploy with a military unit for a period of 90 days or more. (3) "Smoke alarm" means a device designed to detect and to alert occupants of a dwelling unit to the visible and invisible products of combustion by means of an audible alarm. (e) Except as provided in Subsection (f), a tenant to whom a landlord is liable under Subsection (b) of this section may: (2) have the condition repaired or remedied according to Section 92.0561; (3) deduct from the tenant's rent, without necessity of judicial action, the cost of the repair or remedy according to Section 92.0561; and. 92.351. 3, eff. (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. (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. (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. The legal term "tenants in common" refers to a form of ownership in which two or more people own separate shares of the same real property. The primary characteristics of a tenancy in common are: Each tenant in common holds a separate and undivided interest in the property. Court costs may be waived only if the tenant executes a pauper's affidavit. Sec. Jan. 1, 1984. The term includes double-hinged patio doors. Sec. 1448), Sec. (C) damage the property of the landlord, other tenants, or neighbors. Acts 1983, 68th Leg., p. 3651, ch. Sec. Sept. 1, 1993. 5, eff. (e) A landlord or landlord's agent who lawfully permits a person described by Subsection (a) to enter or facilitates the person's entry into the leased premises under this section is not liable for an act or omission that arises in connection with permitting or facilitating the entry. Ordinance that conforms to this subchapter does not prohibit the adoption of a local ordinance that conforms to subchapter... ) in this section, `` occupant '' has the meaning assigned by section 92.016, or neighbors STRIKE,! 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