When a party dies their share of the property will pass via their will or, if the party died without a will, according to the intestacy statute. 1, eff. 3101), Sec. In this chapter: (1) "Assessment" means a regular assessment, special assessment, or other amount a property owner is required to pay a property owners' association under the dedicatory instrument or by law. 92.203. 48, Sec. (a) In this section, "governmental entity" means the state, an agency of the state, or a political subdivision of the state. (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. 952, 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. September 1, 2007. (e) Repealed by Acts 2017, 85th Leg., R.S., Ch. (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). (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. Aug. 26, 1985. Acts 1983, 68th Leg., p. 3646, ch. Sec. Renumbered from Property Code Sec. It equals 100%. 600 (H.B. 2, eff. 629 (S.B. (c) After receipt of the notice provided under Subsection (a), the landlord shall provide a copy of the written lease agreement to the person who provided the notice on written request of that person. (f) If the landlord fails to request a hearing on the tenant's sworn complaint for restoration of utility service before the eighth day after the date of service of the writ of restoration of utility service on the landlord under Subsection (d), a judgment for court costs may be rendered against the landlord. 83), Sec. (2) the landlord is required to repair or replace the fire extinguisher within a reasonable time if the tenant pays in advance the reasonable repair or replacement cost, including labor, materials, taxes, and overhead. Sec. January 1, 2008. A landlord and tenant may agree to the provisions of this subsection only if the agreement meets the requirements of Subdivision (4) of Subsection (e) of this section. 92.007. (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. 15, eff. 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 . NOTICE OF ELIGIBILITY REQUIREMENTS. A landlord acts in bad faith and is liable according to this subchapter if the landlord gives an incorrect name or address under Subsection (a) of Section 92.201 by wilfully: (1) disclosing incorrect information under Section 92.201(b)(1) or (2) or Section 92.201(d); or. Jan. 1, 1996. (C) taping the notice to the inside of the main entry door of the tenant's dwelling. Sec. A party who files or prosecutes a suit under Subchapter B, D, E, or F in bad faith or for purposes of harassment is liable to the defendant for one month's rent plus $100 and for attorney's fees. 1, Sept. 1, 1995. January 1, 2014. 2, eff. LANDLORD LIABILITY TO TENANT FOR UTILITY CUTOFF. 576, Sec. 3101), Sec. The written notice must include the customer's contact information and the tenant's remedies under Section 92.301. 92.0081 Warehouse Partners v. Gardner 1, eff. The term includes a door between a living area and a garage but does not include a sliding glass door or a screen door. . Jan. 1, 1984. Tex. 91.002 and amended by Acts 1989, 71st Leg., ch. TENANT'S REPAIR AND DEDUCT REMEDIES. (b) If within the time allowed under Section 92.162(c) a landlord requests advance payment of charges that the landlord is entitled to collect under that section, the landlord shall comply with a tenant's request under Section 92.156(b), 92.157(a), or 92.157(b) within a reasonable time. TITLE 7. FORCED SALE OF OWNER'S INTEREST IN CERTAIN REAL PROPERTY AS REIMBURSEMENT FOR PROPERTY TAXES PAID BY CO-OWNER ON OWNER'S BEHALF . Amended by Acts 1989, 71st Leg., ch. (b) A landlord is not required to provide the notice under Subsection (a) if the tenant has not given the landlord the tenant's forwarding address as provided by Section 92.107. Our Team; Tips; FAQ; . (h) A tenant's right to a jury trial in an action brought under this chapter may not be waived in a lease or other written agreement. (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. (B) 48 inches from the floor, if installed on or after September 1, 1993. If another provision of this subchapter conflicts with this section, this section controls. (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. Added by Acts 1993, 73rd Leg., ch. (b) A landlord who receives a cash rental payment shall: (1) provide the tenant with a written receipt; and. (k) If the landlord repairs or remedies the condition or delivers an affidavit for delay under Section 92.0562 to the tenant after the tenant has contacted a repairman but before the repairman commences work, the landlord shall be liable for the cost incurred by the tenant for the repairman's trip charge, and the tenant may deduct the charge from the tenant's rent as if it were a repair cost. September 1, 2011. . This subchapter does not impose obligations on a landlord or tenant other than those expressly stated in this subchapter. RECORDS. Aug. 28, 1989. (3) "Exterior door" means a door providing access from a dwelling interior to the exterior. For purposes of this subsection, there shall be a rebuttable presumption that the landlord acted without knowledge of the violation. Sec. (6) "Required date" means the required date for any acceptance of the applicant under Section 92.352. (c) The acknowledgment required by Subsection (b) must include a statement substantively equivalent to the following: "Signing this acknowledgment indicates that you have had the opportunity to review the landlord's tenant selection criteria. (2) if an adult whose occupancy causes a violation of Subsection (a) is seeking temporary sanctuary from family violence, as defined by Section 71.004, Family Code, for a period that does not exceed one month. (c) A landlord who fails to give notice as required by this section is liable to the tenant for any expense incurred by the tenant as a result of the landlord's failure to give the notice. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING FAMILY VIOLENCE. Jan. 1, 1984. LIABILITY FOR LEASING TO PERSON WITH CRIMINAL RECORD. Section 23.001 states: Sec. September 1, 2011. Acts 2015, 84th Leg., R.S., Ch. Amended as Sec. 917 (H.B. 3, eff. Sept. 1, 1993. Sec. 28.01, eff. 8, eff. When one co-owner dies, the interest . Texas Business Corporation Act . (C) damage the property of the landlord, other tenants, or neighbors. 946), 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. September 1, 2017. (b) If after a casualty loss the rental premises are as a practical matter totally unusable for residential purposes and if the casualty loss is not caused by the negligence or fault of the tenant, a member of the tenant's family, or a guest or invitee of the tenant, either the landlord or the tenant may terminate the lease by giving written notice to the other any time before repairs are completed. (2) is liable for the tenant's reasonable attorney's fees in a suit to recover the deposit. 593 (S.B. 918, Sec. LANDLORD'S DEFENSES. 1, eff. (c) The landlord has the burden of pleading and proving, by clear and convincing evidence, that the landlord gave the tenant the required notice of the illegality and the penalties and that the tenant's violation was done in bad faith. Sec. 576, Sec. Most tenant insurance policies do not cover damages or loss incurred in a flood. Amended by Acts 1995, 74th Leg., ch. (5) the landlord may discard the property removed by the landlord from the tenant's leased premises if: (A) the landlord has mailed a written request by certified mail, return receipt requested, to the person designated under Subsection (a) or (b), requesting that the property be removed; (B) the person failed to remove the property by the 30th day after the postmark date of the notice; and. 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 . (5) a keyless bolting device and a door viewer on each exterior door of the dwelling. TENANT'S JUDICIAL REMEDIES. Amended by Acts 1989, 71st Leg., ch. (a) Before returning a security deposit, the landlord may deduct from the deposit damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease. Sec. 76, 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. June 20, 2003. 9, eff. 2, eff. 593 (S.B. Sec. 1, eff. 1120), Sec. Civil Practice and Remedies Code, alleging that a common nuisance is being maintained on the leased premises with . (2) the landlord fails to correct the information on or before the seventh day after the date the tenant gives the landlord written notice that the tenant may exercise the remedies under this subchapter if the corrected information is not provided within seven days. (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. Sept. 1, 1993. 3, eff. 92.204. (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. (c) A landlord may require a tenant to pay in advance charges for which the tenant is liable under this subchapter if a written lease authorizes the landlord to require advance payment, and the landlord notifies the tenant within a reasonable time after the tenant's request that advance payment is required, and: (1) the tenant is more than 30 days delinquent in reimbursing the landlord for charges to which the landlord is entitled under Subsection (b); or. A sheriff or constable may use reasonable force in executing a writ of reentry under this section. Amended by Acts 1995, 74th Leg., ch. 92.0563. They're both entitled to the use of the entire house. 576, Sec. 92.106. 5, eff. We will always provide free access to the current law. 305, Sec. The right to a partition is absolute so long as the . 869, Sec. 824 (S.B. 94.005. (b) After a tenant receives the notice and moves out: (1) the local health officer or building inspector may not allow occupancy of or utility service by separate meter to the rental unit until the officer certifies that he knows of no condition that materially affects the physical health or safety of an ordinary tenant; and. Acts 1983, 68th Leg., p. 3648, ch. 1367), Sec. 92.019. Added by Acts 2001, 77th Leg., ch. Sept. 1, 1995. 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. You also are entitled to the same compensation if your landlord violates the law. The deferred payment plan must allow the tenant to pay the outstanding electric bill in installments that extend beyond the due date of the next electric bill and must provide that the delinquent amount may be paid in equal installments over a period equal to at least three electric service billing cycles. (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. 165, Sec. January 1, 2010. 1, eff. In addition to court costs and reasonable attorney's fees, a tenant who prevails under this subsection may recover from the landlord the greater of one month's rent or $500 for each violation of this section. Yes. 650, Sec. 92.2571. (c-2) Notwithstanding Subsection (c-1), a municipal housing authority located in a municipality that has a population of more than 500,000 and is not more than 50 miles from an international border, or a public facility corporation, affiliate, or subsidiary of the authority, may require that vehicles parked in a community of the authority, corporation, affiliate, or subsidiary be registered with the housing authority. TENANT REMEDIES. (2) the fee is used to purchase insurance coverage for damages and unpaid rent for which the tenant is legally liable under the lease or as a result of breaching the lease. A tenant of a landlord who is liable under Section 92.259 may obtain or exercise one or more of the following remedies: (1) a court order directing the landlord to comply with the tenant's request if the tenant is in possession of the dwelling unit; (2) a judgment against the landlord for damages suffered by the tenant because of the landlord's violation; (3) a judgment against the landlord for a civil penalty of one month's rent plus $100 if the landlord violates Section 92.259(a)(2); (4) a judgment against the landlord for court costs; (5) a judgment against the landlord for attorney's fees in an action under Subdivision (1) or (3); and. 6, eff. (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) If a landlord does not provide the tenant the notice as required by this section, the landlord forfeits the right to collect damages and charges from the tenant. January 1, 2008. LANDLORD REMEDY FOR TENANT VIOLATION. Jan. 1, 1996. Acts 1983, 68th Leg., p. 3633, ch. 531), Sec. 4, eff. 1099), Sec. There shall be a rebuttable presumption that the landlord acted in good faith and with continued diligence for the first affidavit for delay the landlord delivers to the tenant. (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. (a) The applicant is deemed rejected by the landlord if the landlord does not give notice of acceptance of the applicant on or before the seventh day after the: (1) date the applicant submits a completed rental application to the landlord on an application form furnished by the landlord; or. Section 511. 1, eff. 3, eff. (c) A fire extinguisher that satisfies the inspection requirements of Subsection (b) at the beginning of a tenant's possession is presumed to be in good working order until the tenant requests an inspection in writing. 92.258. If a municipality or a county revokes a certificate of occupancy for a leased premises because of the landlord's failure to maintain the premises, the landlord is liable to a tenant who is not in default under the lease for: (1) the full amount of the tenant's security deposit; (2) the pro rata portion of any rental payment the tenant has paid in advance; (3) the tenant's actual damages, including any moving costs, utility connection fees, storage fees, and lost wages; and. 92.008. (c) Subsection (b) does not prohibit a guarantor from voluntarily entering into an agreement at the time of the renewal of a lease, in a separate written document, to guarantee an increased amount of rent. Tenancy in common can be dissolved . V 3. Venue for an action under this chapter is governed by Section 15.0115, Civil Practice and Remedies Code. Sec. 1, eff. DEFINITIONS. These are as follows: . Renumbered from Property Code Sec. 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