Sec. 1344 (S.B. 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. 1112 (H.B. Amended by Acts 1995, 74th Leg., ch. (b) A landlord's rejection of one co-applicant shall be deemed as a rejection of all co-applicants. (2) "Applicant" or "rental applicant" means a person who makes an application to a landlord for rental of a dwelling. Co-owners aren't actually tenants in their properties, though -- the true . 92.255. This can have a profound effect on the dissolution of property during divorce proceedings. Acts 1983, 68th Leg., p. 3639, ch. (a) A tenant's judicial remedies under Section 92.056 shall include: (1) an order directing the landlord to take reasonable action to repair or remedy the condition; (2) an order reducing the tenant's rent, from the date of the first repair notice, in proportion to the reduced rental value resulting from the condition until the condition is repaired or remedied; (3) a judgment against the landlord for a civil penalty of one month's rent plus $500; (4) a judgment against the landlord for the amount of the tenant's actual damages; and. 5, eff. HB 262 adds Section 75.0025 to the Texas Civil Practice and Remedies Code, which establishes a limitation on the liability of property owners, including Homeowners Associations, that allow their property (ie., common elements or common areas) to be used as a "community garden.". (f) A keyless bolting device is not required to be installed at the landlord's expense if a tenant or occupant in the dwelling is over 55 years of age or has a physical or mental disability, the tenant requests, in writing, that the landlord deactivate or not install the keyless bolting device, and the tenant certifies in the request that the tenant or occupant is over 55 years of age or has a physical or mental disability. 92.008(b) to (f) and amended by Acts 1995, 74th Leg., ch. 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) checking to ensure the fire extinguisher gauge or pressure indicator indicates the correct pressure as recommended by the manufacturer of the fire extinguisher. In addition to court costs and reasonable attorney's fees, a plaintiff who prevails under this subsection may recover from the landlord $500 for each violation of this section. 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 .". (e) Repealed by Acts 2009, 81st Leg., R.S., Ch. (a) If a tenant files or prosecutes a suit for retaliatory action based on a complaint asserted under Section 92.331(a)(3), and the government building or housing inspector or utility company representative visits the premises and determines in writing that a violation of a building or housing code does not exist or that a utility problem does not exist, there is a rebuttable presumption that the tenant acted in bad faith. 92.001. (c) A landlord who violates this section is liable to the tenant for an amount equal to the sum of $100, three times the amount of the late fee collected in violation of this section, and the tenant's reasonable attorney's fees. (c) When deducting for the tenant's payment of the landlord's utility bill under this section, the tenant shall submit to the landlord a copy of a receipt from the utility company which evidences the amount of payment made by the tenant to reconnect or avert cutoff of utilities. Added by Acts 2021, 87th Leg., R.S., Ch. Tenancy in common allows more than one person to own a property, such as a home or land parcel, at the same time. Added by Acts 1993, 73rd Leg., ch. Acts 1983, 68th Leg., p. 3639, ch. 1, eff. states: A joint owner or claimant of real property or an interest in real property or a joint owner of personal property may compel a partition of the interest or the property among the joint owners or claimants under this chapter and the Texas Rules of Civil Procedure. If the acknowledgment is not signed, there is a rebuttable presumption that the notice was not made available to the applicant. (2) there is no controversy concerning the amount of rent owed. If the owners will hold title as tenants in common, the deed should use the phrase "as tenants in common" to designate the form of co-ownership as a tenancy in common. 16, Sec. Added by Acts 2019, 86th Leg., R.S., Ch. Added by Acts 2013, 83rd Leg., R.S., Ch. Added by Acts 2007, 80th Leg., R.S., Ch. 3101), Sec. Sept. 1, 1993. 1072 (H.B. 2, eff. (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. Acts 2015, 84th Leg., R.S., Ch. Co-tenants are "undivided," in the eyes of many states. Common areas - When properties have community . Added by Acts 2005, 79th Leg., Ch. (d) A landlord who fails either to return a security deposit or to provide a written description and itemization of deductions on or before the 30th day after the date the tenant surrenders possession is presumed to have acted in bad faith. (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. Jun. But they have different title percentages of ownership. The affidavit must state facts showing that the landlord has made and is making diligent efforts to repair the condition, and it must contain dates, names, addresses, and telephone numbers of contractors, suppliers, and repairmen contacted by the owner. The Federal Emergency Management Agency (FEMA) maintains a flood map on its Internet website that is searchable by address, at no cost, to determine if a dwelling is located in a flood hazard area. 650, Sec. 882), Sec. 189 (S.B. Sec. (3) not later than the third day after the date of receipt of the tenant's request, provided the tenant with a written notice: (A) stating that the management company or managing agent has taken the actions in Subdivisions (1) and (2); (B) stating that the owner has not provided or will not provide the necessary funds; and. 92.103. (b) At a tenant's request made before January 1, 1995, a landlord, at the tenant's expense, shall install on an exterior door of a dwelling constructed before September 1, 1993: (1) a keyless bolting device if the door does not have a keyless bolting device; and. (d) The writ of restoration of utility service must be served on either the landlord or the landlord's management company, on-premises manager, or rent collector in the same manner as a writ of possession in a forcible detainer suit. Sec. 92.003. 3, eff. 92.021. These co-owners hold an undivided interest and right to possess the property. Acts 2009, 81st Leg., R.S., Ch. ATTORNEY'S FEES. Jan. 1, 1984. 3101), Sec. Sec. 2.28, eff. INSTALLATION PROCEDURE. OBLIGATION TO REFUND. Sec. Added by Acts 2005, 79th Leg., Ch. 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. Sec. 1, eff. Added by Acts 2007, 80th Leg., R.S., Ch. A management company, managing agent, or on-site manager may reimburse itself for the costs from the owner's funds in its possession or control. (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. Sept. 1, 1997. (5) unilateral termination of the lease without a court proceeding. They are: Dwellings that are part of a multi-unit complex in which the majority of tenants are over age 55 or have physical or mental disabilities. Added by Acts 1995, 74th Leg., ch. (c) If the landlord gives the tenant the notice closing the rental unit: (1) before the tenant gives a repair notice to the landlord, the remedies of this subchapter do not apply; (2) after the tenant gives a repair notice to the landlord but before the landlord has had a reasonable time to make repairs, the tenant is entitled only to the remedies under Subsection (d) of this section and Subdivisions (3), (4), and (5) of Subsection (a) of Section 92.0563; or. Aug. 28, 1989. 576, Sec. Notice in person may be by personal delivery to the tenant or any person residing at the tenant's dwelling who is 16 years of age or older or by personal delivery to the tenant's dwelling and affixing the notice to the inside of the main entry door. DEFINITIONS. Amended by Acts 1985, 69th Leg., ch. 5, 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. (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. REMEDIES. 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. Added by Acts 1999, 76th Leg., ch. January 1, 2016. 4, eff. (B) if the report or record described by Paragraph (A) identifies the victim by means of a pseudonym, as defined by Article 58.001, Code of Criminal Procedure, a copy of a pseudonym form completed and returned under Article 58.152(a) of that code. Sept. 1, 1993; Acts 1999, 76th Leg., ch. 2, eff. Acts 2015, 84th Leg., R.S., Ch. Under a tenancy in common, all tenants own an undivided interest in the property. 399), Sec. Sec. September 1, 2011. 13, eff. 92.111. September 1, 2019. (4) have the condition repaired or remedied if the condition is not covered by Paragraph (A), (B), or (C) of Subdivision (3) of Subsection (d) of this section and involves a condition affecting the physical health or safety of the ordinary tenant as referred to in Paragraph (D) of Subdivision (3) of Subsection (d) of this section and if the landlord has failed to repair or remedy the condition within seven days after delivery of the tenant's notice of intent to repair. (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. Each party may freely sell, devise, lease, or otherwise transfer their interest in the property. 92.0081. Sec. Sec. 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. (11) "Security device" means a doorknob lock, door viewer, keyed dead bolt, keyless bolting device, sliding door handle latch, sliding door pin lock, sliding door security bar, or window latch in a dwelling. Sec. The term includes double-hinged patio doors. You also are entitled to the same compensation if your landlord violates the law. TENANT REMEDIES FOR OTHER LANDLORD VIOLATIONS. A landlord who in bad faith fails to refund an application fee or deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the amount wrongfully retained, and the applicant's reasonable attorney's fees. The tenant must also state orally under oath to the justice the facts of the alleged unlawful lockout. (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. Acts 1983, 68th Leg., p. 3647, ch. Copyright2023, Sheehan Law PLLC. HEIGHT, STRIKE PLATE, AND THROW REQUIREMENTS--KEYED DEAD BOLT OR KEYLESS BOLTING DEVICE. (a) A landlord may not remove a door, window, or attic hatchway cover or a lock, latch, hinge, hinge pin, doorknob, or other mechanism connected to a door, window, or attic hatchway cover from premises leased to a tenant or remove furniture, fixtures, or appliances furnished by the landlord from premises leased to a tenant unless the landlord removes the item for a bona fide repair or replacement. SMOKE ALARM. 651 (H.B. There are three exemptions to the keyless deadbolt requirement of Texas Property Code. Last accessed. (c) A reasonable time for purposes of Subsections (a) and (b) is presumed to be not later than 72 hours after the time of receipt of the tenant's request and any required advance payment if at the time of making the request the tenant informed the landlord that: (1) an unauthorized entry occurred or was attempted in the tenant's dwelling; (2) an unauthorized entry occurred or was attempted in another unit in the multiunit complex in which the tenant's dwelling is located during the two months preceding the date of the request; or. (2) the late fee is more than the applicable amount under Subdivision (1), but not more than uncertain damages to the landlord related to the late payment of rent, including direct or indirect expenses, direct or indirect costs, or overhead associated with the collection of late payment. 921 (H.B. 2, eff. However, many disputes do not reach court and are settled between the landlord and tenant. 1, eff. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. Acts 1983, 68th Leg., p. 3631, ch. (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. A tenants-in-common (TIC) agreement is a way to own a share of an entire property with a number of people, says Jeff Miller, a real estate agent and team lead at AE Home Group in Baltimore. TENANT'S REMEDIES REGARDING REVOCATION OF CERTIFICATE OF OCCUPANCY. 1439, Sec. 92.157. 1, eff. Sept. 1, 1995. Acts 2013, 83rd Leg., R.S., Ch. (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. This type of ownership is common among unmarried individuals when one contributes . NOTICE OF UTILITY DISCONNECTION OF NONSUBMETERED MASTER METERED MULTIFAMILY PROPERTY TO MUNICIPALITIES, OWNERS, AND TENANTS. Jan. 1, 1984. . In Texas, for example, there is no limit on how much a landlord may require for . INVALID COMPLAINTS. January 1, 2016. (d) The landlord must comply with the tenant's request for inspection or repair of a smoke alarm within a reasonable time, considering the availability of material, labor, and utilities. A security deposit is any advance of money, other than a rental application deposit or an advance payment of rent, that is intended primarily to secure performance under a lease of a dwelling that has been entered into by a landlord and a tenant. Acts 2009, 81st Leg., R.S., Ch. Tenants in Common. Amended by Acts 1989, 71st Leg., ch. 69), 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. Sec. 1, eff. Aug. 28, 1989. A managing agent, leasing agent, or resident manager is the agent of the landlord for purposes of notice and other communications required or permitted by this subchapter. 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. Sec. A tenant may make an unlimited number of requests under this subsection. Acts 1983, 68th Leg., p. 3648, ch. Added by Acts 1989, 71st Leg., ch. NOTICE OF ELIGIBILITY REQUIREMENTS. (2) "Board" means the governing body of a property owners' association. 1, eff. Redesignated from Property Code Sec. FEE IN LIEU OF SECURITY DEPOSIT. 126, Sec. A mutual agreement for tenant repair under Subsection (g) of Section 92.0561 is not a violation of Section 92.006. If the tenants in common are unable to resolve a dispute, state law provides only one remedy, a partition action. The Tenant Disregards the Notice . Acts 2013, 83rd Leg., R.S., Ch. Sec. (B) a peephole having a barrel with a one-way lens of glass or other substance providing an angle view of not less than 160 degrees. 3101), Sec. 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