SUBCHAPTER A. 869, Sec. The Tenant Disregards the Notice . (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. Added by Acts 2021, 87th Leg., R.S., Ch. Jan. 1, 1984. A tenant or occupant in the dwelling is over age 55 or has a physical or mental disability. Added by Acts 1993, 73rd Leg., ch. (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. WAIVER. Added by Acts 2011, 82nd Leg., R.S., Ch. 869, Sec. Sec. 1060 (H.B. (h) If a landlord violates this section, the tenant may: (2) recover from the landlord a civil penalty of one month's rent plus $1,000, actual damages, court costs, and reasonable attorney's fees in an action to recover property damages, actual expenses, or civil penalties, less any delinquent rent or other sums for which the tenant is liable to the landlord. (d) Termination of a lease under this section is effective: (1) in the case of a lease that provides for monthly payment of rent, on the 30th day after the first date on which the next rental payment is due after the date on which the notice under Subsection (c)(1) is delivered; or. 4, eff. January 1, 2008. 1367), Sec. 7.002(o), eff. Sec. 1, eff. (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. This subchapter applies to a lease executed, entered into, renewed, or extended on or after September 1, 1979. Code 101.002). (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. 469 (H.B. TENANT'S JUDICIAL REMEDIES. If one of the tenants dies, their interest passes to their heirs rather than to the other tenant (s). Tenants in common may, but are not required to, hold different percentages of ownership in the property. 1, eff. 576, Sec. 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 . 92.206. 1303), Sec. Sec. 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. Sec. (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. The Austin Tenants Council provides a thorough interpretation of the protections that renters are provided in 92.101 - 92.109 of the Texas Property Code when they pay a security deposit. The term does not include dates of entry or occupation not authorized by the landlord. 1488), Sec. If the tenants in common are unable to resolve a dispute, state law provides only one remedy, a partition action. 92.331. Joint owners are called co-owners or cotenants, and the. Added by Acts 2003, 78th Leg., ch. The default form of co-ownership in Texas is a tenancy in common. 357, Sec. 92.061. 92.158 and amended 2001, 77th Leg., ch. September 1, 2011. Tex. Jan. 1, 1984. Tenancy in common can be dissolved . Renumbered from Property Code Sec. 1, eff. Sec. 92.012. 4, eff. (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. Added by Acts 1993, 73rd Leg., ch. 92.260. The following are deeds that are used for transfer of real property in Texas: Texas Deed Transfer 576, Sec. 92.1641. 5, eff. 1, eff. (6) unilateral termination of the lease without a court proceeding if the landlord violates Section 92.259(a)(2). Refreshed: 2021-06-07 92.010. (4) a judgment against the landlord for court costs and attorney's fees. 257 (H.B. One-half of the central plate must overlap the interior surface of the door and the other half of the central plate must overlap the doorjamb when the plate is placed over the doorjamb restraint. 92.006. 2, eff. . If management company employees perform the work, the charge may include reasonable overhead and profit but may not exceed the cost charged to the owner by the management company for comparable security devices installed by management company employees at the owner's request and expense. (b) A tenant who is a servicemember or a dependent of a servicemember may vacate the dwelling leased by the tenant and avoid liability for future rent and all other sums due under the lease for terminating the lease and vacating the dwelling before the end of the lease term if: (1) the lease was executed by or on behalf of a person who, after executing the lease or during the term of the lease, enters military service; or. 1198 (S.B. 3, eff. "An ouster, in the law of tenancy in common, is the wrongful dispossession or exclusion by one tenant of his cotenant or cotenants from the common property of which they are entitled to possession." [1] Zaslow v. Kroenert (1946) 29 Cal. Jan. 1, 1984. 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. January 1, 2008. Renumbered from Sec. (B) the National Weather Service issues a heat advisory for a county in which the premises is located or has issued such an advisory on one of the two preceding days. (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. (5) a keyless bolting device and a door viewer on each exterior door of the dwelling. Jan. 1, 1984. (d-1) The notice in Subsection (d)(2) must be in a separate document furnished to the tenant after the landlord has discovered that the tenant has disconnected or damaged the smoke alarm or removed a battery from it. 92.109. (8) "Multiunit complex" means two or more dwellings in one or more buildings that are: (B) managed by the same owner, agent, or management company; and. Amended by Acts 1985, 69th Leg., ch. 15, eff. 1399), Sec. September 1, 2011. (f) Affidavits for delay by a landlord under this section must be submitted in good faith. (b) A landlord who receives a cash rental payment shall: (1) provide the tenant with a written receipt; and. January 1, 2016. Jan. 1, 1996. APPLICATION. (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. 3, eff. Sept. 1, 1997. GENERAL PROVISIONS. 92.016. 826, Sec. Acts 2007, 80th Leg., R.S., Ch. 8, eff. January 1, 2010. Acts 1983, 68th Leg., p. 3648, ch. 92.201. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. Call Us For Immediate Service - 1 (817)-274-1800 Facebook Twitter Google+ Pinterest Better Business Bureau 869, Sec. Sept. 1, 1993. (f) A landlord who violates Subsection (b), (c), (d), or (e) is liable for a civil penalty in the amount of $100 plus any towing or storage costs that the tenant incurs as a result of the towing of the tenant's vehicle. (b) A smoke alarm must be installed on a ceiling or wall. Sec. Acts 2013, 83rd Leg., R.S., Ch. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. Sec. 1367), Sec. 576, Sec. The tenant selection criteria may include factors such as criminal history, credit history, current income, and rental history. Jan. 1, 1996. (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. Importantly, this right is subordinate to the right of each co-tenant to possess the whole property. NOTICE OF UTILITY DISCONNECTION OF NONSUBMETERED MASTER METERED MULTIFAMILY PROPERTY TO MUNICIPALITIES, OWNERS, AND TENANTS. (2) "Applicant" or "rental applicant" means a person who makes an application to a landlord for rental of a dwelling. 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. 2, eff. (2) if an entity located off-site from the dwelling is primarily responsible for managing the dwelling, the name and street address of the management company. (c) For purposes of Subsection (b)(4) or (5), a landlord is considered to have received the tenant's notice when the landlord or the landlord's agent or employee has actually received the notice or when the United States Postal Service has attempted to deliver the notice to the landlord.