1198 (S.B. (3) Any one of the following events has occurred: (A) The landlord has failed to remedy the backup or overflow of raw sewage inside the tenant's dwelling or the flooding from broken pipes or natural drainage inside the dwelling. (i) A landlord is subject to the tenant remedies provided by Section 92.164(a)(4) if the landlord: (1) deactivates or does not install a keyless bolting device, claiming an exemption under Subsection (e), (f), or (g); and. Sept. 1, 1997. 5, eff. Pflugerville, TX 78660. Amended by Acts 1985, 69th Leg., ch. (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. (3) "Co-applicant" means a person who makes an application for rental of a dwelling with other applicants and who plans to live in the dwelling with other applicants. (a) A landlord may not retaliate against a tenant by taking an action described by Subsection (b) because the tenant: (1) in good faith exercises or attempts to exercise against a landlord a right or remedy granted to the tenant by lease, municipal ordinance, or federal or state statute; (2) gives a landlord a notice to repair or exercise a remedy under this chapter; (3) complains to a governmental entity responsible for enforcing building or housing codes, a public utility, or a civic or nonprofit agency, and the tenant: (A) claims a building or housing code violation or utility problem; and, (B) believes in good faith that the complaint is valid and that the violation or problem occurred; 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. January 1, 2010. 2.28, eff. 14, eff. (b) A landlord who receives a cash rental payment shall: (1) provide the tenant with a written receipt; and. 93.004 by Acts 2003, 78th Leg., ch. 12, eff. 92.006. RESIDENTIAL TENANT'S RIGHT OF RESTORATION AFTER UNLAWFUL UTILITY DISCONNECTION. The fee for service of a writ of restoration of utility service is the same as that for service of a writ of possession. 576, Sec. 92.252. Added by Acts 1989, 71st Leg., ch. Amended by Acts 1995, 74th Leg., ch. (2) on the date the tenant terminates the lease or files suit the tenant has not fully paid costs requested by the landlord and authorized by Section 92.258. 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. 9, eff. (1) "Adult" means an individual 18 years of age or older. 1, eff. January 1, 2008. Prop. January 1, 2016. (b-1) A tenant may obtain relief under Subsection (b) if the tenant provides the landlord or the landlord's agent: (1) a copy of one or more of the following orders protecting the tenant or an occupant from family violence: (A) a temporary injunction issued under Subchapter F, Chapter 6, Family Code; (B) a temporary ex parte order issued under Chapter 83, Family Code; (C) a protective order issued under Chapter 85, Family Code; or, (D) an order of emergency protection under Article 17.292, Code of Criminal Procedure; or. The fee for service of a writ of reentry is the same as that for service of a writ of possession. 69), Sec. (3) damage from windows or doors left open. 1, eff. It also means a "dwelling" as defined by Section 92.001. (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. Aug. 28, 1995. 92.253. (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. 92.055. The hearing shall be held not earlier than the first day and not later than the seventh day after the date the landlord requests a hearing. 1, eff. (a) If a landlord has interrupted utility service in violation of Section 92.008, the tenant may obtain relief as provided by this section. A fee may not be applied to a deferred payment plan entered into under this section. Sec. 882), Sec. Jan. 1, 1984. (c) Notwithstanding Subsection (b), a landlord is not required to disclose on the notice that the landlord is aware that a dwelling is located in a 100-year floodplain if the elevation of the dwelling is raised above the 100-year floodplain flood levels in accordance with federal regulations. Sec. 1, eff. (2) impose monetary or other penalties on a tenant who summons police or emergency assistance if the assistance was requested or dispatched based on the tenant's reasonable belief that an individual was in need of intervention or emergency assistance. (d) A landlord may rebut the presumption provided by Subsection (a) or (b) if despite the diligence of the landlord: (1) the landlord did not know of the tenant's request, without the fault of the landlord; (2) materials, labor, or utilities were unavailable; or. 92.020. Sept. 1, 1997. Added by Acts 2015, 84th Leg., R.S., Ch. Jan. 1, 1984. Acts 2017, 85th Leg., R.S., Ch. 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. 348 (S.B. (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. Acts 2015, 84th Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. 92.259. (4) a judgment against the landlord for court costs and attorney's fees. (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. 1399), Sec. Sec. A landlord and tenant may agree otherwise in a written lease. (b) Notwithstanding this subchapter, a person licensed to install fire alarms or fire detection devices under Chapter 6002, Insurance Code, shall comply with that chapter when installing smoke alarms. PROP. (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. 39 (H.B. Acts 2013, 83rd Leg., R.S., Ch. An experienced Texas real estate litigation attorney can assist you with negotiating or modifying a commercial lease. If you have any questions regarding co-ownership of property in Austin, Round Rock, or Pflugerville, contract the real estate and probate attorneys at the Law Office of Farren Sheehan for a consultation. (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. The tenant must also state orally under oath to the justice the facts of the alleged unlawful lockout. (2) exempt any party from a liability or a duty under this section. TENANT'S REMEDY ON NOTICE FROM MANAGEMENT COMPANY. (d) The acknowledgment may be part of the rental application if the notice is underlined or in bold print. Amended by Acts 1993, 73rd Leg., ch. (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. (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. (f) Repairs made pursuant to the tenant's notice must be made by a company, contractor, or repairman listed in the yellow or business pages of the telephone directory or in the classified advertising section of a newspaper of the local city, county, or adjacent county at the time of the tenant's notice of intent to repair. (a) A landlord may not require a tenant to pay for repair or replacement of a security device due to normal wear and tear. INVALID COMPLAINTS. 1205, Sec. We will always provide free access to the current law. 4, eff. Acts 1983, 68th Leg., p. 3632, ch. Jan. 1, 1996. Sept. 1, 1993. U.S.C. (b) At the time a landlord offers to a tenant the option of paying a fee in lieu of a security deposit, the landlord shall notify the tenant in writing: (1) that the tenant has the option to instead pay a security deposit; (2) that the tenant has the option to terminate the agreement to pay the fee in lieu of a security deposit at any time and stop paying the fee, and instead, to pay a security deposit in the amount that is otherwise offered to new tenants for substantially similar housing on the date the tenant chooses to pay the security deposit; and. 1198 (S.B. NOTICE OF RULE OR POLICY CHANGE AFFECTING TENANT'S PERSONAL PROPERTY. CODE 23.001. Sept. 1, 2001. September 1, 2017. . January 1, 2010. (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. 921 (H.B. 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. 1, eff. 630), Sec. Under a tenancy in common, all tenants own an undivided interest in the property. Acts 1993, 73rd Leg., ch. LANDLORD AND TENANT. 5, eff. Sec. (B) arises from the landlord's failure to provide and maintain in good operating condition a device to supply hot water of a minimum temperature of 120 degrees Fahrenheit. SUBCHAPTER B. (2) knows or has reason to know that the requirements of the subsection granting the exemption are not fulfilled. Jan. 1, 1984. 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. Added by Acts 1999, 76th Leg., ch. 3101), Sec. The landlord may file subsequent affidavits, provided that the total delay of the repair or remedy extends no longer than six months from the date the landlord delivers the first affidavit to the tenant. Acts 1983, 68th Leg., p. 3634, ch. Acts 1983, 68th Leg., p. 3653, ch. Amended by Acts 1993, 73rd Leg., ch. Sec. (5) court costs and attorney's fees, excluding any attorney's fees for a cause of action for damages relating to a personal injury. Sept. 1, 1993. Call Us For Immediate Service - 1 (817)-274-1800 Facebook Twitter Google+ Pinterest Better Business Bureau Venue for an action under this chapter is governed by Section 15.0115, Civil Practice and Remedies Code. ATTORNEY'S FEES. (d) If a suit is filed in a justice court requesting relief under Subsection (a), the justice court shall conduct a hearing on the request not earlier than the sixth day after the date of service of citation and not later than the 10th day after that date. (a) A tenant is liable according to this subchapter if the tenant removes a battery from a smoke alarm without immediately replacing it with a working battery or knowingly disconnects or intentionally damages a smoke alarm, causing it to malfunction. September 1, 2017. (2) the tenant requested that the landlord repair, install, change, or rekey the same security device during the 30 days preceding the tenant's request, and the landlord complied with the request. . Acts 1983, 68th Leg., p. 3631, ch. (b) A requirement that a tenant give advance notice of surrender as a condition for refunding the security deposit is effective only if the requirement is underlined or is printed in conspicuous bold print in the lease. As you have learned here already, tenancy in common is an arrangement where two or more people share ownership rights in a property. 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