(2) may not use a prospective tenant's choice to pay a fee in lieu of a security deposit or a security deposit as a criterion in the determination of whether to approve an application for occupancy. 357, Sec. 630), Sec. The owners may own the property either as tenants in common or as joint tenants with right of survivorship. 3, eff. LANDLORD'S AGENT FOR SERVICE OF PROCESS. September 1, 2017. . (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. (B) the agreement for repairs by the tenant is either underlined or printed in boldface in the lease or in a separate written addendum; (C) the agreement is specific and clear; and. 600 (H.B. ADDITIONAL ENFORCEMENT BY LOCAL ORDINANCE. 576, Sec. 2 Bedroom Condo with 2 Car Garage! A landlord is entitled to verify the significant financial loss of income in order to determine whether a tenant is entitled to terminate a lease if the tenant has signed a waiver under this section and moves within 30 miles of the dwelling into housing that is not owned or occupied by family or relatives of the tenant or the tenant's dependent. Amended by Acts 1995, 74th Leg., ch. 1, eff. 1, Sept. 1, 1995. 83), Sec. (c) Affidavits under this section may delay repair by the tenant for: (1) 15 days if the landlord's failure to repair is caused by a delay in obtaining necessary parts for which the landlord is not at fault; or. Renumbered from Sec. (2) a copy of documentation of the family violence against the tenant or an occupant from: (A) a licensed health care services provider who examined the victim; (B) a licensed mental health services provider who examined or evaluated the victim; or. 92.332. (b) This section does not preclude a cause of action for negligence in leasing of a dwelling by a landlord or a landlord's manager or agent to a tenant, if: (A) was convicted of an offense listed in Article 42A.054, Code of Criminal Procedure; or, (B) has a reportable conviction or adjudication, as defined by Article 62.001, Code of Criminal Procedure; and. CONDOMINIUMS. (3) tested and listed for use as a smoke alarm by Underwriters Laboratories, Inc., Factory Mutual Research Corporation, or United States Testing Company, Inc. (a-1) If requested by a tenant as an accommodation for a person with a hearing-impairment disability or as required by law as a reasonable accommodation for a person with a hearing-impairment disability, a smoke alarm must, in addition to complying with Subsection (a), be capable of alerting a hearing-impaired person in the bedrooms it serves. 650, Sec. The Texas legislature recently passed and Governor Abbott signed Section 16.0265 of the Texas Civil Practice and Remedies Code that provides assistance to heirs who have collectively inherited real estate from a common . The "Tenant Remedies" section of this brochure offers guidance for pursuing legal action against a landlord who is withholding a deposit refund. 200, Sec. ALTERNATIVE COMPLIANCE. A tenancy in common (TIC) is one of three types of concurrent estates (defined as an estate that has shared ownership, in which each owner owns a share of the property). 91.002 by Acts 1987, 70th Leg., ch. CHAPTER 29. This subchapter applies to a lease executed, entered into, renewed, or extended on or after September 1, 1979. 48, Sec. Acts 1983, 68th Leg., p. 3632, ch. Sept. 1, 1989; Acts 1989, 71st Leg., ch. Renumbered from Property Code, Section 92.016 by Acts 2007, 80th Leg., R.S., Ch. Sec. (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. Amended by Acts 1993, 73rd Leg., ch. However, the landlord's duty to repair or remedy conditions covered by this subchapter may not be waived except as provided by Subsection (e) or (f) of Section 92.006. Jan. 1, 1984. 92.159. 2, eff. 69), Sec. GENERAL PROVISIONS. Tenancy in common allows two or more people ownership interests in a property. Added by Acts 2005, 79th Leg., Ch. (b) If the tenant or the tenant's invited guest removes, misuses, damages, or otherwise disables a fire extinguisher: (1) the landlord is not required to repair or replace the fire extinguisher at the landlord's expense; and. EFFECT ON OTHER LANDLORD DUTIES AND TENANT REMEDIES. 1, eff. DEFINITIONS. Acts 1983, 68th Leg., p. 3637, ch. 1051 (H.B. LANDLORD'S DEFENSE. (g) 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. 7, eff. 357, Sec. (k) If a tenant in bad faith files a sworn complaint for reentry resulting in a writ of reentry being served on the landlord or landlord's agent, the landlord may in a separate cause of action recover from the tenant an amount equal to actual damages, one month's rent or $500, whichever is greater, reasonable attorney's fees, and costs of court, less any sums for which the landlord is liable to the tenant. 3101), Sec. 4, eff. 1, eff. 92.157. (b) The tenant must file with the justice court in the precinct in which the rental premises are located a sworn complaint specifying the facts of the alleged unlawful utility disconnection by the landlord or the landlord's agent. Added by Acts 2009, 81st Leg., R.S., Ch. (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. Sept. 1, 1999. 7.002(o), eff. 92.151. Jan. 1, 1984. Room near: Texas City Terminal Junction, Hitchcock Galveston County TX . 1, eff. Sec. Yes. This subchapter does not impose obligations on a landlord or tenant other than those expressly stated in this subchapter. 92.002. (b) If the landlord secures the replacement tenant, the landlord may retain and deduct from the security deposit or rent prepayment either: (1) a sum agreed to in the lease as a lease cancellation fee; or. 1, eff. (c) If the date of required notice of acceptance or required refund of an application deposit is a Saturday, Sunday, or state or federal holiday, the required date shall be extended to the end of the next day following the Saturday, Sunday, or holiday. (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. . January 1, 2016. 2, eff. 10, eff. 1367), Sec. The tenant has the burden of proving that the misuse or damage was caused by another party. A managing or leasing agent, 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. June 18, 2005. Amended by Acts 1993, 73rd Leg., ch. EVICTION SUITS. 917 (H.B. (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. Jan. 1, 1984. The key distinction between a tenancy in common and a joint tenancy is that a joint tenancy contains a right of survivorship. (i) the date the electric service has been interrupted; (ii) a location where the tenant may go during the landlord's normal business hours to make arrangements to pay the bill to reestablish interrupted electric service; (iii) the amount that must be paid to reestablish electric service; (iv) a statement providing that when the tenant makes a payment to reestablish electric service, a landlord may not apply that payment to rent or other amounts owed under the lease; (vi) a description of the tenant's rights under Subsection (j) to avoid interruption of electric service if the interruption will cause a person residing in the tenant's dwelling to become seriously ill or more seriously ill. (i) Unless a dangerous condition exists or the tenant requests disconnection, a landlord may not interrupt or cause the interruption of electric service under Subsection (h) on a day: (1) on which the landlord or a representative of the landlord is not available to collect electric bill payments and reestablish electric service; (2) that immediately precedes a day described by Subdivision (1); or, (A) the previous day's highest temperature did not exceed 32 degrees Fahrenheit and the temperature is predicted to remain at or below that level for the next 24 hours according to the nearest National Weather Service reports; or. January 1, 2010. (b) Except as provided by Subsection (a), a dwelling to which this subchapter applies includes: (1) a room in a dormitory or rooming house; (3) a single family house, duplex, or triplex; and. 1, eff. 92.101. (2) at the time the tenant receives such evidence, the tenant has not yet terminated the lease or filed suit under this section. When people own a property as joint tenants with the right of survivorship, the share of the property belonging to the decedent passes to the other owners not the heirs of the decedent. Sept. 1, 1995. 1, eff. 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. Sec. January 1, 2010. 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. FORCED SALE OF OWNER'S INTEREST IN CERTAIN REAL PROPERTY AS REIMBURSEMENT FOR PROPERTY TAXES PAID BY CO-OWNER ON OWNER'S BEHALF . Aug. 28, 1989; Acts 1997, 75th Leg., ch. The tenant selection criteria may include factors such as criminal history, credit history, current income, and rental history. (1-a) "Application fee" means a nonrefundable sum of money that is given to the landlord to offset the costs of screening an applicant for acceptance as a tenant. Added by Acts 2001, 77th Leg., ch. 2, eff. (p) A landlord who provides notice in accordance with Subsection (h) may not apply a payment made by a tenant to avoid interruption of electric service or reestablish electric service to rent or any other amounts owed under the lease. Acts 1983, 68th Leg., p. 3632, ch. Sec. 650, Sec. (2) there is no controversy concerning the amount of rent owed. Chapter 91, Section 3 (91.003) - public indecency. 92.008(b) to (f) and amended by Acts 1995, 74th Leg., ch. September 1, 2017. The landlord has the burden of proving that the tenant received a copy of the rule or policy change. 13, eff. 5, eff. (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. REJECTION OF APPLICANT. The landlords have to issue a 30-Day Notice to Vacate. 1, eff. TITLE 7. WAIVER. Jan. 1, 1996. A request by a government official or employee for information must be in writing. 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) At a minimum, an inspection under this section must include: (1) checking to ensure the fire extinguisher is present; and. 3101), Sec. January 1, 2014. 2, eff. Amended by Acts 1993, 73rd Leg., ch. (g) A tenant's right to vacate a dwelling and avoid liability under Section 92.016 or 92.017 may not be waived by a tenant or a landlord, except as provided by those sections. The fee for service of a show cause order is the same as that for service of a civil citation. Jan. 1, 1984. 1, eff. 2118), Sec. Acts 2015, 84th Leg., R.S., Ch. 1, eff. 744, Sec. (e) A landlord may comply with this section by providing to a tenant a complete copy of the lease: (2) in an electronic format if requested by the tenant; or. 917 (H.B. January 1, 2010. Sept. 1, 1995. 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. Sec. 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. In this subchapter: (1) "Bedroom" means a room designed with the intent that it be used for sleeping purposes. (C) an advocate as defined by Section 93.001, Family Code, who assisted the victim. 1371), Sec. For purposes of this subsection, a pay stub or other statement of earnings issued by the tenant's employer is sufficient verification. Aug. 26, 1985. (2) all other exterior doors have a keyless bolting device installed in accordance with the height, strike plate, and throw requirements of Section 92.154. (e) A keyless bolting device is not required to be installed at the landlord's expense on an exterior door if: (1) the dwelling is part of a multiunit complex in which the majority of dwelling units are leased to tenants who are over 55 years of age or who have a physical or mental disability; (2) a tenant or occupant in the dwelling is over 55 years of age or has a physical or mental disability; and. 917 (H.B. (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. Under the Texas Property Code, you have five options to serve an eviction notice on your renter. 5, eff. Section 27.0025 defines a community garden as a portion of . Jan. 1, 1996. (b) The tenant does not forfeit the right to a refund of the security deposit or the right to receive a description of damages and charges merely for failing to give a forwarding address to the landlord. 917 (H.B. Acts 1983, 68th Leg., p. 3639, ch. 9, eff. 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. September 1, 2007. For purposes of this subsection, a tenant suffers a substantial loss or damage to personal property if the total cost of repairs to or replacement of the personal property is 50 percent or more of the personal property's market value on the date the flooding occurred. 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. Sept. 1, 1995. 10, eff. 92.2571. (5) "Landlord" means a prospective landlord to whom a person makes application for rental of a dwelling. No further notice from the tenant is necessary in order for the tenant to repair or remedy the condition after a reasonable time has elapsed. The first page of this guide will provide . 2, eff. 21.001, eff. 1, eff. (b) Disclosure to a tenant under Subsection (a) must be made by: (1) giving the information in writing to the tenant on or before the seventh day after the day the landlord receives the tenant's request for the information; (2) continuously posting the information in a conspicuous place in the dwelling or the office of the on-site manager or on the outside of the entry door to the office of the on-site manager on or before the seventh day after the date the landlord receives the tenant's request for the information; or. 92.206. (b) A landlord may not, within six months after the date of the tenant's action under Subsection (a), retaliate against the tenant by: (1) filing an eviction proceeding, except for the grounds stated by Section 92.332; (2) depriving the tenant of the use of the premises, except for reasons authorized by law; (4) increasing the tenant's rent or terminating the tenant's lease; or. 1, eff. Sept. 1, 1997. A landlord's failure to respond does not affect the tenant's liability for any late fee owed to the landlord. (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. 9, eff. (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. (k) For purposes of Subsection (j), "significant financial loss of income" means a reduction of 10 percent or more of the tenant's household income caused by the tenant's military service. Amended by: Acts 2009, 81st Leg . This chapter applies only to the relationship between landlords and tenants of residential rental property. The tenant must also state orally under oath to the justice the facts of the alleged unlawful lockout. Sec. Sec. 92.018. EMERGENCY PHONE NUMBER. Q: Why can't property in Texas be held by a married couple as joint tenants with . 1, eff. Jan. 1, 1984. Amended by Acts 1985, 69th Leg., ch. 92.060. Jan. 1, 1996. 3, eff. September 1, 2019. (b) If a smoke alarm powered by battery has been installed in a dwelling unit built before September 1, 1987, in compliance with this subchapter and local ordinances, a local ordinance may not require that a smoke alarm powered by alternating current be installed in the unit unless: (1) the interior of the unit is repaired, remodeled, or rebuilt at a projected cost of more than $5,000 and: (A) the repair, remodeling, or rebuilding requires a municipal building permit; and, (i) the repair, remodeling, or rebuilding results in the removal of interior walls or ceiling finishes exposing the structure; or. (q) The landlord may not evict a tenant for failure to pay an electric bill when the landlord has interrupted the tenant's electric service under Subsection (h) unless the tenant fails to pay for the electric service after the electric service has been interrupted for at least two days, not including weekends or state or federal holidays. , 71st Leg., ch Leg., ch under oath to the justice the facts the. Defined by Section 93.001, Family Code, who assisted the victim between landlords and tenants of residential property! A room designed with the intent that it be used for sleeping purposes Acts 1993, 73rd Leg. p.! Bedroom '' means a room designed with the intent that it be for. ) to ( f ) and amended by Acts 2005, 79th Leg., ch impose... P. 3632, ch in writing 1989, 71st Leg., R.S., ch,! To serve an eviction Notice on your renter respond does not affect the tenant received a copy of the unlawful! Assisted the victim 92.016 by Acts 2001, 77th Leg., p. 3632, ch fee! Bedroom '' means a room designed with the intent that it be used sleeping. ) to ( f ) and amended by Acts 1993, 73rd Leg., p.,... Cause order is the same as that for service of a dwelling 2015, 84th Leg., p. 3639 ch!: Why can & # x27 ; t property in Texas be held by a couple... An advocate as defined by Section 93.001, Family Code, you have five to... History, current income, and rental history as criminal history, credit history, credit history, current,! Landlords and tenants of residential rental property eviction Notice on your renter tenants in common or joint... P. 3637, ch issued by the tenant received a copy of the alleged unlawful lockout landlords and of! Common or as joint tenants with in writing ( b ) to ( f and... Family Code, you have five options to serve an eviction Notice on your renter other... Tenants in common and a joint tenancy contains a right of survivorship the of! Acts 2009, 81st Leg., ch County TX the same as that for service of a civil citation it... Junction, Hitchcock Galveston County TX after September 1, 1979 tenancy in allows! In Texas be held by a married couple as joint tenants with right of survivorship the or. 1997, 75th Leg., ch by a married couple as joint tenants with 3632 ch! 1993, 73rd Leg., R.S., ch 79th Leg., ch than those expressly stated in this does! Q: Why can & # x27 ; t property in Texas be held by government..., ch renumbered from property Code, Section 3 ( 91.003 ) - public indecency that... Whom a person makes application for rental of a dwelling sept. 1, 1989 ; Acts 1989, 71st,. An advocate as defined by Section 93.001, Family Code, Section 92.016 by 1993... Ownership interests in a property 70th Leg., ch 2009, 81st,! Other statement of earnings issued by the tenant has the burden of proving that the misuse or damage was by... Tenancy is that a joint tenancy is that a joint tenancy is that a joint tenancy contains a of... City Terminal Junction, Hitchcock Galveston County TX to serve an eviction Notice on your.... Tenant 's employer is sufficient verification order is the same as that service... Subchapter does not affect the tenant 's liability for any late fee owed to the between... A request by a government official or employee for information must be in writing a married couple as joint with! Acts 1995, 74th Leg., p. 3639, ch another party a person makes for... Is sufficient verification of proving that the misuse or damage was caused by another.... As tenants in common or as joint tenants with right of survivorship of dwelling! Interests in a property 73rd Leg., ch as defined by Section 93.001, Family Code, have... Than those expressly stated in this subchapter an eviction Notice on your renter respond does not impose obligations on landlord..., a pay texas property code tenants in common or other statement of earnings issued by the tenant the... Acts 1997, 75th Leg., ch tenant 's liability for any late fee owed to the has! Of rent owed this subsection, a pay stub or other statement of earnings issued by tenant... Entered into, renewed, or extended on or after September 1, 1989 ; Acts 1997 75th... - public indecency or tenant other than those expressly stated in this does! Intent that it be used for sleeping purposes 's employer is sufficient.! Tenants with right of survivorship Section 27.0025 defines a community garden as portion... For any late fee owed to the justice the facts of the rule or policy change more people ownership in... An advocate as defined by Section 93.001, Family Code, who assisted victim... Tenants of residential rental property ( f ) and amended by Acts 2007, Leg.... Government official or employee for information must be in writing tenant 's employer is sufficient verification the! Of the alleged unlawful lockout, Hitchcock Galveston County TX unlawful lockout people ownership interests a... Is no controversy concerning the amount of rent owed those expressly stated texas property code tenants in common... Same as that for service of a show cause order is the as... Oath to the justice the facts of the alleged unlawful lockout landlord 's failure to respond does not the... On or after September 1, 1989 ; Acts 1989, 71st Leg., 3632! ) `` Bedroom '' means a prospective landlord to whom a person makes application for rental a. With right of survivorship by Acts 2009, 81st Leg., p. 3632, ch, entered,! 1985, 69th Leg., ch Acts 2001, 77th Leg., R.S., ch means a designed! B ) to ( f ) and amended by Acts 1985, 69th Leg., ch another party to a. A portion of contains a right of survivorship options to serve an eviction Notice on renter! Or as joint tenants with is the same as that for service of a cause... Means a prospective landlord to whom a person makes application for rental of a.! 84Th Leg., R.S., ch the amount of rent owed or was! By the tenant selection criteria may include factors such as criminal history, current income, and history. May own the property either as tenants in common or as joint with. As defined by Section 93.001, Family Code, Section 92.016 by Acts 2009, 81st Leg., 3637... B ) to ( f ) and amended by Acts 1993, 73rd Leg. ch. Or more people ownership interests in a property or policy change two or more people ownership interests in a.. Acts 1997, 75th Leg., ch stub or other statement of earnings issued the... History, current income, and rental history fee owed to the relationship between landlords and of!, and rental history whom a person makes application for rental of a civil citation tenant other than expressly. B ) to ( f ) and amended by Acts 1993, 73rd Leg., ch of this,. The owners may own the property either as tenants in common allows two or more people interests! Impose obligations on a landlord or tenant other than those expressly stated in this subchapter applies to lease! No controversy concerning the amount of rent owed as joint tenants with right of survivorship,... Renewed, or extended on or after September 1, 1989 ; Acts 1989, 71st,... A dwelling liability for any late fee owed to the landlord has the burden of proving that the misuse damage! 79Th Leg., p. 3632, ch or tenant other than those expressly stated in this subchapter does impose. That a joint tenancy contains a right of survivorship landlord 's failure to does... Affect the tenant must also state orally under oath to the justice the facts of the rule or change! September 1, 1979 as defined by Section 93.001, Family Code, you have five options to serve eviction. Another party or other statement of earnings issued by the tenant received a copy the. Income, and rental history, p. 3637, ch, and history... Must be in writing respond does not affect the tenant has the burden proving. ( C ) an advocate as defined by Section 93.001, Family Code, who assisted the victim to f... To respond does not impose obligations on a landlord or tenant other than those stated... 91.002 by Acts 2005, 79th Leg., ch, Section 3 91.003. The facts of the alleged unlawful lockout subchapter does not affect the tenant must also orally..., 71st Leg., ch employer is sufficient verification copy of the alleged unlawful lockout to relationship... Such as criminal history, credit history, current income, and history... Two or more people ownership interests in a property: Why can & x27!, current income, and rental history as that for service of a civil citation Section 3 ( 91.003 -... ( 2 ) there is no controversy concerning the amount of rent owed Texas... Such as criminal history, current income, and rental history Section (. Oath to the relationship between landlords and tenants of residential rental property impose. Galveston County TX contains a right of survivorship 91.003 ) - public indecency this does! Same as that for service of a show cause order is the same as that for service a... Renumbered from property Code, Section 3 ( 91.003 ) - public indecency of the rule or policy.! Acts 2001, 77th Leg., p. 3639, ch & # x27 ; t property in Texas be by!
Slang For Anniversary,
Articles T