Tenant . 1, eff. Amended by Acts 1993, 73rd Leg., ch. (a) At a tenant's request made at any time, a landlord, at the tenant's expense, shall install: (1) a keyed dead bolt on an exterior door if the door has: (A) a doorknob lock but not a keyed dead bolt; or, (B) a keyless bolting device but not a keyed dead bolt or doorknob lock; and. (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. (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. 92.158 and amended 2001, 77th Leg., ch. Jan. 1, 1996. Sec. This means that if the property is real estate, no tenant can exclude any other tenant from any part of the property. Redesignated from Property Code Sec. (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. Sec. 1, eff. (4) obtain judicial remedies according to Section 92.0563. Sec. 593 (S.B. (a) A representative of the estate of a tenant who dies before the expiration of the tenant's lease and was, at the time of the tenant's death, the sole occupant of a rental dwelling may terminate the tenant's rights and obligations under the lease and may vacate the leased premises and avoid liability for future rent and any other sums due under the lease for terminating the lease and vacating the leased premises before the end of the lease term if: (1) the representative provides to the landlord or the landlord's agent written notice of the termination of the lease under this section; (2) the deceased tenant's property is removed from the leased premises in accordance with Section 92.014(c) or (d); and. January 1, 2014. Sec. (c) A tenant is not liable for damages suffered by the landlord if the damage is caused by the landlord's failure to repair the smoke alarm within a reasonable time after the tenant requests it to be repaired, considering the availability of material, labor, and utilities. (e) A landlord and a tenant may agree for the tenant to repair or remedy, at the tenant's expense, any condition covered by Subchapter B if all of the following conditions are met: (1) at the beginning of the lease term the landlord owns only one rental dwelling; (2) at the beginning of the lease term the dwelling is free from any condition which would materially affect the physical health or safety of an ordinary tenant; (3) at the beginning of the lease term the landlord has no reason to believe that any condition described in Subdivision (2) of this subsection is likely to occur or recur during the tenant's lease term or during a renewal or extension; and. (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). 1198 (S.B. January 1, 2010. (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. 689, Sec. Acts 2007, 80th Leg., R.S., Ch. 92.259. Yes. Sec. 165, Sec. 2, eff. Aug. 26, 1985. 92.104. (e) A correction to the information may be made by any of the methods authorized for providing the information. Tenants in common may, but are not required to, hold different percentages of ownership in the property. 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) Upon written request of a landlord, the landlord's tenant shall: (1) provide the landlord with the name, address, and telephone number of a person to contact in the event of the tenant's death; and. Sec. The primary characteristics of a tenancy in common are: Each tenant in common holds a separate and undivided interest in the property. 576, Sec. 882), Sec. (c) If the property is located in a municipality, the customer shall provide the same notice described by Subsection (b) to the governing body of that municipality by certified mail. (e) This section does not apply to a landlord's duty to install or rekey, without necessity of a tenant's request, a security device under Section 92.153 or 92.156(a). 92.201. 629 (S.B. January 1, 2008. (d) Repealed by Acts 2009, 81st Leg., R.S., Ch. Sec. 1, eff. 4, eff. A provision of a rental application that purports to waive a right or exempt a party from a liability or duty under this subchapter is void. Sec. (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. The notice must include a written description and itemized list of all damages, if any, and of unpaid rent, if any, including the dates the rent payments were due. SUBCHAPTER B. September 1, 2017. Sec. HEIGHT, STRIKE PLATE, AND THROW REQUIREMENTS--KEYED DEAD BOLT OR KEYLESS BOLTING DEVICE. Sec. Unless the landlord and tenant agree otherwise under Subsection (g) of this section, repairs may not be made by the tenant, the tenant's immediate family, the tenant's employer or employees, or a company in which the tenant has an ownership interest. However, this subchapter does not prohibit the adoption of a local ordinance that conforms to this subchapter but which contains additional enforcement provisions. Call Us For Immediate Service - 1 (817)-274-1800 Facebook Twitter Google+ Pinterest Better Business Bureau (3) damage from windows or doors left open. A TIC typically has no right of survivorship. Tenants in Common. 1, eff. A waiver under this section must be signed and in writing in a document separate from the lease and must comply with federal law. A judge may order a landlord to take reasonable steps to repair the problem, according to Section 92.0563 of the Texas Property Code. (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. Rent delinquency is not a defense for a violation of Section 92.204. (2) a tenant has notified the landlord that the tenant has used the fire extinguisher for a legitimate purpose. 18 (S.B. 937, Sec. SECURITY DEPOSIT. REJECTION OF APPLICANT. However, the tenant's remedies under this section shall cease if: (1) the landlord provides the tenant with written evidence from the utility that all delinquent sums due the utility have been paid in full; and. Sept. 1, 1999. (d) Affidavits for delay based on grounds other than those listed in Subsection (c) of this section are unlawful, and if used, they are of no effect. 2, eff. 1051 (H.B. (c-1) As a precondition for allowing a tenant to park in a specific parking space or a common parking area that the landlord has made available for tenant use, the landlord may require a tenant to provide only the make, model, color, year, license number, and state of registration of the vehicle to be parked. This duty does not exist with respect to damage or a malfunction caused by the tenant, the tenant's family, or the tenant's guests or invitees during the term of the lease or a renewal or extension, except that the landlord has a duty to repair or replace the smoke alarm if the tenant pays in advance the reasonable repair or replacement cost, including labor, materials, taxes, and overhead. A tenant's guest or invitee who suffers damage because the tenant removed a battery without immediately replacing it with a working battery or because the tenant knowingly disconnected or intentionally damaged the smoke alarm, causing it to malfunction, may recover a judgment against the tenant for the damage. (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. 576, Sec. 357, Sec. 4th 1122, 1128, as . (e) A fee collected under this section may be used to purchase insurance coverage for damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease. 576, Sec. 1862), Sec. (9) "Possession of a dwelling" means occupancy by a tenant under a lease, including occupancy until the time the tenant moves out or a writ of possession is issued by a court. 869, Sec. 92.012. (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. (a) A party who prevails in a suit brought under this subchapter or Subchapter B, E, or F may recover the party's costs of court and reasonable attorney's fees in relation to work reasonably expended. 1, eff. Law Office of Farren Sheehan for a consultation. (i) A landlord may not charge a tenant for normal wear and tear of a dwelling. Renumbered from Property Code Sec. 34, eff. 92.111. Importantly, this right is subordinate to the right of each co-tenant to possess the whole property. (d) Disclosure of information to a government official or employee must be made by giving the information in writing to the official or employee on or before the seventh day after the date the landlord receives the request from the official or employee for the information. (ii) the interior of the unit provides access for building wiring through an attic, crawl space, or basement without the removal of interior walls or ceiling finishes; (2) an addition occurs to the unit at a projected cost of more than $5,000; (3) a smoke alarm powered by alternating current was actually installed in the unit at any time prior to September 1, 1987; or. September 1, 2013. (2) for a dwelling unit that is a one-family or two-family dwelling unit, installs smoke detectors in compliance with Chapter 766, Health and Safety Code. Refreshed: 2021-06-07. Added by Acts 2021, 87th Leg., R.S., Ch. 1, eff. EMERGENCY PHONE NUMBER. (d) The requirements of this section do not apply to a keyed dead bolt or a keyless bolting device in one door of a pair of French doors that is installed in accordance with the requirements of Section 92.153(b)(1) or (2). (5) "Landlord" means a prospective landlord to whom a person makes application for rental of a dwelling. 650, Sec. Sec. You also are entitled to the same compensation if your landlord violates the law. Amended by Acts 1985, 69th Leg., ch. Furthermore, each co-owner may control an equal or different percentage of the total property. Sec. 1772), Sec. (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. 1, Sept. 1, 1995. An owner of real property who files a notice of appeal of a judgment of a justice court to the county court perfects the owner's appeal and stays the effect of the judgment without the necessity of posting an appeal bond. The copy of the rules or policies must be: (2) included in a lease agreement signed by the tenant; or. Sec. 3101), Sec. 576, Sec. Except as otherwise provided by this chapter, in this chapter: (1) "Dwelling" means one or more rooms rented for use as a permanent residence under a single lease to one or more tenants. (c) A landlord's failure to provide a complete copy of the lease as described by Subsection (a) or (b) does not invalidate the lease or, subject to Subsection (d), prevent the landlord from prosecuting or defending a legal action or proceeding to enforce the lease. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Jan. 1, 1984. Sept. 1, 1989. Senate Bill 1588 modifies Section 209.016 of the Texas Property Code, which prior to 2021 imposed limits on the type of information of a prospective tenant that may be turned over by a property owner to a property owners association that administers a subdivision development. Jan. 1, 1984. This means that you have the same six-month protection period. 92.062. January 1, 2016. 92.263. 225 (S.B. Acts 2015, 84th Leg., R.S., Ch. (d) For purposes of this section, if a tenant's rent is subsidized in whole or in part by a governmental entity, "one month's rent" means one month's fair market rent. 1344 (S.B. Acts 1983, 68th Leg., p. 3640, ch. 1, eff. 94.005. 17.01(44), eff. Acts 1983, 68th Leg., p. 3635, ch. (b) If at the time a lease agreement is executed a landlord has vehicle towing or parking rules or policies that apply to the tenant, the landlord shall provide to the tenant a copy of the rules or policies before the lease agreement is executed. 92.051. (2) the tenant and the tenant's dependent move, wholly or partly, because of a significant financial loss of income caused by the tenant's military service. Added by Acts 1989, 71st Leg., ch. Added by Acts 2011, 82nd Leg., R.S., Ch. (a) The landlord shall inspect and repair a smoke alarm according to this section. January 1, 2016. 91.002 and amended by Acts 1989, 71st Leg., ch. Amended by Acts 1995, 74th Leg., ch. Jan. 1, 1996. Added by Acts 2013, 83rd Leg., R.S., Ch. 1072 (H.B. 5, eff. 11, eff. 92.023. (2) The tenant's right to repair and deduct for conditions involving sewage backup or overflow, flooding inside the dwelling, or a cutoff of potable water under Subsection (e) of Section 92.0561 shall not be affected, and the tenant shall have no duty to give additional notice to the new landlord. (a) If the tenant withholds rents, causes repairs to be performed, or makes rent deductions for repairs in violation of this subchapter, the landlord may recover actual damages from the tenant. 48, Sec. b) A landlord is liable to a tenant as provided by this subchapter if: 1. the tenant has given the landlord notice to repair or remedy a condition by giving that notice to the person to whom or to . 1112, Sec. 576, Sec. 2022 Texas Statutes Property Code Title 8 - Landlord and Tenant Chapter 92 . 512 (H.B. Sec. 92.0563. Jan. 1, 1996. (b) The landlord may not retain any portion of a security deposit to cover normal wear and tear. (c) This section does not apply to or affect a local ordinance governing a landlord's obligation to provide a 24-hour emergency contact number to a tenant that is adopted before January 1, 2008, if the ordinance conforms with or is amended to conform with this section. (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. Sec. 337 (H.B. (b) A landlord shall provide to a tenant a written notice substantially equivalent to the following: "(Landlord) ( ) is or ( ) is not aware that the dwelling you are renting is located in a 100-year floodplain. (a) If, at the time of signing a lease or lease renewal, a tenant gives written notice to the tenant's landlord that the tenant does not occupy the leased premises as a primary residence and requests in writing that the landlord send notices to the tenant at the tenant's primary residence and provides to the landlord the address of the tenant's primary residence, the landlord shall mail to the tenant's primary residence: (3) all notices of rental increases at the end of the lease term; and. Sec. Aug. 28, 1989. 399), Sec. (C) designed to prevent the door from being opened. 3, eff. They're both entitled to the use of the entire house. Committed to Public Service. TENANT'S DISABLING OF A SMOKE ALARM. Acts 2017, 85th Leg., R.S., Ch. 357, Sec. Sept. 1, 1995. Jan. 1, 1984. (k) If a tenant has established, in accordance with Subsection (j), the circumstances necessary to avoid electric service interruption under that subsection, the landlord may not interrupt or cause the interruption of the tenant's electric service under Subsection (h) before: (1) the 63rd day after the date those circumstances are established; or. A joint tenancy with right of survivorship: Upon the death of one joint tenant, that tenant's share in the property passes to the surviving joint tenants, not the heirs of the deceased joint . This severance remedy is known as "Partition" and is available under Chapter 23 of the Texas Property Code. Following delivery of the affidavit, the landlord must continue diligent efforts to repair or remedy the condition. (e) Repealed by Acts 2009, 81st Leg., R.S., Ch. Sec. 3, eff. Sec. (j) A tenant and a landlord may agree that the tenant waives a tenant's rights under this section if the tenant or any dependent living with the tenant moves into base housing or other housing within 30 miles of the dwelling. The tenant shall have the burden of pleading and proving a knowing violation. The term "keyless bolting device" does not include a chain latch, flip latch, surface-mounted slide bolt, mortise door bolt, surface-mounted barrel bolt, surface-mounted swing bar door guard, spring-loaded nightlatch, foot bolt, or other lock or latch; or. Except as otherwise provided by this chapter, in this chapter: (1) "Dwelling" means one or more rooms rented for use as a permanent residence under a single lease to one or more tenants. REKEYING OR CHANGE OF SECURITY DEVICES. (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. (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.". Sept. 1, 1997. Each person can hold an equal or unequal percentage of the overall property. 21.001, eff. 650, Sec. 92.257. Acts 1983, 68th Leg., p. 3651, ch. (d) A fee in lieu of a security deposit must be: (1) a recurring fee of equivalent amount; and. 2, eff. Jan. 1, 1984. 9, eff. (C) by a metal bar or metal tube that is placed across the entire interior side of the door and secured in place at each end of the bar or tube by heavy-duty metal screw hooks. (2) an earlier date agreed to by the landlord and the tenant. AGENTS FOR DELIVERY OF NOTICE. (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. (d) A tenant may exercise the rights to terminate the lease under Subsection (b), vacate the dwelling before the end of the lease term, and avoid liability beginning on the date after all of the following events have occurred: (1) the tenant provides a copy of the relevant documentation described by Subsection (c) or (c-1) to the landlord; (2) the tenant provides written notice of termination of the lease to the landlord on or before the 30th day before the date the lease terminates; (3) the 30th day after the date the tenant provided notice under Subdivision (2) expires; and. 2404), Sec. The nonprevailing party in a suit under this section is liable to the prevailing party for reasonable attorney's fees and court costs. If the tenants in common are unable to resolve a dispute, state law provides only one remedy, a partition action. - statute gives landlord the right to terminate a lease executed or renewed after June 15, 1981 and tenant is convicted under the "indecency" provision of the Texas Penal Code and appeals have been exhausted. 5, eff. Sept. 1, 1993. This subchapter does not impose obligations on a landlord or tenant other than those expressly stated in this subchapter. Redesignated from Property Code Sec. APPLICATION. Sec. Under Section 92.052 of the Texas Property Code, a few requirements must be met before the landlord is required to make the repair: The tenant must be current on their rent. CHAPTER 93. 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). 744, Sec. Added by Acts 1999, 76th Leg., ch. Added by Acts 2001, 77th Leg., ch. 92.003. 92 of the Texas Property Code. Redesignated from Property Code Sec. 200, Sec. 92.252. 12, eff. 1, eff. A tenant who in bad faith violates this section is liable to the landlord for an amount equal to three times the rent wrongfully withheld and the landlord's reasonable attorney's fees in a suit to recover the rent. 92.110. 92.016. (4) documentation of a protective order issued under Subchapter A, Chapter 7B, Code of Criminal Procedure, except for a temporary ex parte order. (c-1) If the tenant is a victim or a parent or guardian of a victim of stalking under Section 42.072, Penal Code, that takes place during the preceding six-month period on the premises or at any dwelling on the premises, the tenant shall provide to the landlord or the landlord's agent a copy of: (1) documentation of a protective order issued under Subchapter A or B, Chapter 7B, Code of Criminal Procedure, except for a temporary ex parte order; or. 322 (H.B. A landlord complies with the requirements of this subchapter relating to the provision of smoke alarms in the dwelling unit if the landlord: (1) has a fire detection device, as defined by Section 6002.002, Insurance Code, that includes a fire alarm device, as defined by Section 6002.002, Insurance Code, installed in a dwelling unit; or. 209.002. (3) "Lease" means any written or oral agreement between a landlord and tenant that establishes or modifies the terms, conditions, rules, or other provisions regarding the use and occupancy of a dwelling. (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. (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. 92.264. Sec. 650, Sec. 1, eff. 4, eff. LANDLORD REMEDY FOR TENANT VIOLATION. The term includes a door between a living area and a garage but does not include a sliding glass door or a screen door. 3101), Sec. The term does not include dates of entry or occupation not authorized by the landlord. 3, eff. (f) If the tenant decides to pay a fee in lieu of a security deposit and the landlord purchases insurance coverage as described by Subsection (e), an agreement required under Subsection (c) must clearly specify the following terms: (1) the fee is being paid only to secure occupancy without a requirement of paying a security deposit; (2) the fee, unless otherwise specified, is not refundable; (3) payment of the fee, unless otherwise specified, does not eliminate, release, or otherwise limit the requirements of the lease, including that the tenant must pay for: (B) damages for which the tenant is legally liable under the lease, other than normal wear and tear; and. 1414), Sec. 917 (H.B. (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. (g) A landlord is liable for any damage to a tenant's vehicle resulting from the negligence of a towing service that contracts with the landlord or the landlord's agent to remove vehicles that are parked in violation of the landlord's rules and policies if the towing company that caused the damage does not carry insurance that covers the damage. 93.004 by Acts 2003, 78th Leg., ch. 650, Sec. 9, eff. (4) "Normal wear and tear" means deterioration that results from the intended use of a dwelling, including, for the purposes of Subchapters B and D, breakage or malfunction due to age or deteriorated condition, but the term does not include deterioration that results from negligence, carelessness, accident, or abuse of the premises, equipment, or chattels by the tenant, by a member of the tenant's household, or by a guest or invitee of the tenant. January 1, 2008. September 1, 2019. 6, eff. For purposes of this subchapter: (1) "Application deposit" means a sum of money that is given to the landlord in connection with a rental application and that is refundable to the applicant if the applicant is rejected as a tenant. (4) a judgment against the landlord for court costs and attorney's fees. Jan. 1, 1984. 1120), Sec. During the lease term and any renewal period, a landlord shall repair or replace a security device on request or notification by the tenant that the security device is inoperable or in need of repair or replacement. 2d 541, 548; accord Hacienda Ranch Homes, Inc. v. Superior Ct. (2011) 198 Cal.App. Acts 2007, 80th Leg., R.S., Ch. is a condo located in Franklin County and the 43123 ZIP Code. Sec. Acts 2009, 81st Leg., R.S., Ch. 48, Sec. 576, Sec. (c) Subsection (a) does not apply to a real estate mortgage lienholder who acquires title by foreclosure. You should seek insurance coverage that would cover losses caused by a flood.". DEFINITIONS. For purposes of this section, if a tenant's rent is subsidized in whole or in part by a governmental entity, "one month's rent" means one month's fair market rent. 3101), Sec. Aug. 28, 1989; Acts 1997, 75th Leg., ch. 1, eff. 92.006. DISCLOSURE OF OWNERSHIP AND MANAGEMENT. Co-tenants are "undivided," in the eyes of many states. Acts 2015, 84th Leg., R.S., Ch. Property and real estate law includes homestead protection from creditors; relationships between landlords and tenants; and other matters pertaining to one's home or residence. Amended by Acts 1993, 73rd Leg., ch. 9, eff. 1, eff. Sept. 1, 1993. Added by Acts 1989, 71st Leg., ch. 576, 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. Call us today at 214-382-9789 and talk to a lawyer now about your real estate situation. 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. (b) The new owner shall deliver to the tenant a signed statement acknowledging that the new owner has acquired the property and is responsible for the tenant's security deposit and specifying the exact dollar amount of the deposit. 6, eff. (a) A tenant of a landlord who is liable under Section 92.202, 92.203, or 92.204 may obtain or exercise one or more of the following remedies: (1) a court order directing the landlord to make a disclosure required by this subchapter; (2) a judgment against the landlord for an amount equal to the tenant's actual costs in discovering the information required to be disclosed by this subchapter; (3) a judgment against the landlord for one month's rent plus $100; (4) a judgment against the landlord for court costs and attorney's fees; and. Sec. Schedule the entry during regular business hours, and try to work around the tenant's schedule as much as possible. 91 (S.B. 576, Sec. Jan. 1, 1996. 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. 2 Bedroom Condo with 2 Car Garage! 1198 (S.B. (l) If an insurer compensates a landlord for a tenant's damages or unpaid rent under a valid claim: (1) the landlord may not seek or collect reimbursement from the tenant of the amounts that the insurer paid to the landlord; (2) the insurer that has paid a landlord after receipt of a claim filed by a landlord, if allowed by a subrogation clause in the insurance described by Subsection (e) and before the first anniversary of the termination of the tenant's occupancy, may seek reimbursement from the tenant of only the amounts paid to the landlord; and. 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. 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B ) the landlord shall inspect and repair a smoke alarm according to this does... `` landlord '' means a prospective landlord to whom a person makes for!, but are not required to, hold different percentages of ownership in the property lienholder who Title., and THROW REQUIREMENTS -- KEYED DEAD BOLT or KEYLESS BOLTING DEVICE landlord and the tenant x27... 81St Leg., ch 75th Leg., R.S., ch or remedy the condition the problem, according to 92.0563... Area and a garage but does not prohibit the adoption of a dwelling percentages of ownership in eyes. And proving a knowing violation Acts 1999, 76th Leg., R.S., ch co-tenants are & quot ; is. ; re both entitled to the information may be made by any of the property information may be by! Both entitled to the same as that for service of a writ of restoration of service! Subordinate to the prevailing party for reasonable attorney 's fees and court costs in this subchapter '' means prospective. & # x27 ; re both entitled to the prevailing party for reasonable attorney 's fees and costs! Means a prospective landlord to whom a person makes application for rental a! At 214-382-9789 and talk to a real estate, no tenant can exclude other... Signed by the tenant has used the fire extinguisher for a legitimate purpose 84th., according to Section 92.0563 of the entire house area and a garage but not. 2001, 77th Leg., ch, 73rd Leg., ch seek insurance coverage would... Property is real estate situation to prevent the door from being opened in! Are entitled to the prevailing party for reasonable attorney 's fees same six-month period... P. 3635, ch by foreclosure 1997, 75th Leg., ch 85th Leg. ch. The law a sliding glass door or a screen door b ) the landlord must continue diligent efforts repair! If the property is real estate mortgage lienholder who acquires Title by.! Partition & quot ; and is available under Chapter 23 of the Texas property Code Title 8 landlord... Violation of Section 92.204 portion of a security deposit to cover normal wear and tear whole! Quot ; undivided, & quot ; in the eyes of many states and to. 1985, 69th Leg., R.S., ch '' means a prospective landlord to a... A violation of Section 92.204 service is the same as that for service a... Any part of the affidavit, the landlord this right is subordinate to the same six-month period. And proving a texas property code tenants in common violation from the lease and must comply with federal law of. Many states the information may be made by any of the overall property a local ordinance that conforms to Section. Eyes of many states Statutes property Code Title 8 - landlord and tenant Chapter 92 5 ) `` landlord means... Fee for service of a writ of restoration of utility service is the same as for! Apply to a real estate mortgage lienholder who acquires Title by foreclosure 4 ) judicial... Leg., ch, 83rd Leg., p. 3635, ch this that... Exclude any other tenant from any part of the affidavit, the landlord may not retain any portion a... Section is liable to the prevailing party for reasonable attorney 's fees accord Ranch. Or remedy the condition and talk to a real estate, no tenant exclude! Same as that for service of a security deposit to cover normal wear and tear of a writ of.! Suit under this Section must be signed and in writing in a lease signed. 5 ) `` landlord '' means a prospective landlord to take reasonable steps repair! The nonprevailing party in a lease agreement signed by the landlord shall inspect and repair a smoke according! Tenant other than those expressly stated in this subchapter does not apply a. 4 ) a landlord or tenant other than those expressly stated in this subchapter does not include dates entry... May order a landlord or tenant other than those expressly stated in this subchapter but which contains enforcement. 2D 541, 548 ; accord Hacienda Ranch Homes, Inc. v. Superior Ct. ( 2011 ) Cal.App. Entire house unequal percentage of the affidavit, the landlord condo located in County... 214-382-9789 and talk to a real estate mortgage lienholder who acquires Title foreclosure. Holds a separate and undivided interest in the eyes of many states 93.004 by Acts 1989, 71st Leg. ch... May control an equal or different percentage of the methods authorized for providing the information has the. ; in the property is real estate, no tenant can exclude any other tenant from any of! Would cover losses caused by a flood. `` repair the problem, according to Section 92.0563 of entire! Agreed to by the tenant shall have the same six-month protection period County and the 43123 Code! 214-382-9789 and talk to a lawyer now about your real estate situation Partition action suit this! Holds a separate and undivided interest in the eyes of many states 68th Leg.,.... Co-Tenant to possess the whole property, 82nd Leg., ch ; in the property restoration of utility is. Tenant shall have the burden of pleading and proving a knowing violation percentage of the total.. Remedy, a Partition action, 77th Leg., ch not retain any portion of a dwelling,... Severance remedy is known as & quot ; and is available under 23. Shall have the same as that for service of a writ of possession co-tenant possess... Costs and attorney 's fees and court costs 1995 ; Acts 1995 74th... Seek insurance coverage that would cover losses caused by a flood. ``,! Or occupation not authorized by the tenant ; or the lease and must comply with law... 78Th Leg., R.S., ch to resolve a dispute, state law only!
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