Schedule the entry during regular business hours, and try to work around the tenant's schedule as much as possible. (2) "Nonsubmetered master metered multifamily property" means an apartment, a leased or owner-occupied condominium, or one or more buildings containing at least 10 dwellings that receive electric utility service or gas utility service that is master metered but not submetered. SECURITY DEVICES REQUESTED BY TENANT. Sec. (f) Affidavits for delay by a landlord under this section must be submitted in good faith. INSTALLATION AND LOCATION. 92.353. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 91.002 by Acts 1987, 70th Leg., ch. (3) the tenant is entitled to any defenses to payment against the insurer as against the landlord. (f) A landlord and tenant may agree that, except for those conditions caused by the negligence of the landlord, the tenant has the duty to pay for repair of the following conditions that may occur during the lease term or a renewal or extension: (1) damage from wastewater stoppages caused by foreign or improper objects in lines that exclusively serve the tenant's dwelling; (2) damage to doors, windows, or screens; and. 348 (S.B. But they have different title percentages of ownership. A tenant may request that the landlord provide to the tenant a written statement of whether the tenant owes a late fee to the landlord and, if so, the amount of the late fee. 92.333. TYPE, BRAND, AND MANNER OF INSTALLATION. 801, Sec. Sec. (c) A keyed dead bolt or keyless dead bolt, as described by Section 92.151(6)(A), installed in a dwelling on or after September 1, 1993, must have a bolt with a throw of not less than one inch. Sec. 18, eff. Added by Acts 1995, 74th Leg., ch. Michael Goins / Lake Homes Realty. (10) "Rekey" means to change or alter a security device that is operated by a key, card, or combination so that a different key, card, or combination is necessary to operate the security device. (b) Notice under this section must be in writing and may be given in person, by mail, or by delivery to the premises. 92.335. 92.168. Sec. Renumbered from Sec. 1, eff. 1, eff. The right to a partition is absolute so long as the . (c) A tenant who terminates a lease under Subsection (b) shall deliver to the landlord or landlord's agent: (1) a written notice of termination of the lease; and. (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. (6) the tenant holds over and the landlord's notice of termination is motivated by a good faith belief that the tenant, a member of the tenant's family, or a guest or invitee of the tenant might: (A) adversely affect the quiet enjoyment by other tenants or neighbors; (B) materially affect the health or safety of the landlord, other tenants, or neighbors; or. 39 (H.B. The fair market rent shall be determined by the governmental agency subsidizing the rent, or in the absence of such a determination, it shall be a reasonable amount of rent under the circumstances. Jan. 1, 1984. 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. (4) affect a local ordinance that requires regular inspections by local officials of smoke alarms in dwelling units and that requires smoke alarms to be operational at the time of inspection. (2) 30 days if the landlord's failure to repair is caused by a general shortage of labor or materials for repair following a natural disaster such as a hurricane, tornado, flood, extended freeze, or widespread windstorm. (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). 969 (H.B. (4) a judgment against the landlord for court costs and attorney's fees. Sec. Jan. 1, 1996; Acts 1995, 74th Leg., ch. (m) If an insurer seeks reimbursement under Subsection (l)(2), the insurer must include in the reimbursement demand: (1) evidence of damages or unpaid rent that the landlord submitted to the insurer; (2) evidence of damage repair costs that the landlord submitted to the insurer; and. Jan. 1, 1984. Sec. Jan. 1, 1984. (a) A person other than a tenant who guarantees a lease is liable only for the original lease term except that a person may specify that the person agrees to guarantee a renewal of the lease as provided by Subsection (b). (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. NOTICE OF TENANT'S DEDUCTION OF REPAIR COSTS FROM RENT. Sept. 1, 1995; Acts 1997, 75th Leg., ch. In Ohio, tenants in common each have a distinct title and right to enter upon the whole of the real estate and take possession even if the ownership share is less than other tenants in common. 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. 257 (H.B. January 1, 2016. VENUE. (c) Repealed by Acts 2009, 81st 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) A landlord shall make a diligent effort to repair or remedy a condition if: (1) the tenant specifies the condition in a notice to the person to whom or to the place where rent is normally paid; (2) the tenant is not delinquent in the payment of rent at the time notice is given; and, (A) materially affects the physical health or safety of an ordinary tenant; or. SUBCHAPTER A. 3, eff. (888) 601-6005 [email protected] About Us. A landlord is not exempt as provided by this subsection if the landlord knows or has reason to know that the requirements of this subsection are not fulfilled. A sheriff or constable may use reasonable force in executing a writ of reentry under this section. (d) A landlord authorized by this subchapter to charge a tenant for repairing, installing, changing, or rekeying a security device under this subchapter may not require the tenant to pay more than the total cost charged by a third-party contractor for material, labor, taxes, and extra keys. LIABILITY FOR LEASING TO PERSON WITH CRIMINAL RECORD. (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. Law Office of Farren Sheehan for a consultation. Jan. 1, 1984. Sec. January 1, 2020. 869, Sec. 92.001. 2, eff. 48, Sec. 1, eff. 1, eff. A party who prevails in a suit under this subsection may recover court costs and reasonable attorney's fees from the other party. Sec. (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. A mutual agreement for tenant repair under Subsection (g) of Section 92.0561 is not a violation of Section 92.006. INVALID COMPLAINTS. 92.056. 92.060. 92.102. Acts 1983, 68th Leg., p. 3631, ch. Under the Texas Property Code, you have five options to serve an eviction notice on your renter. 1367), Sec. LANDLORD'S DEFENSE. The request must be a separate document and may not be included as part of a lease agreement. WAIVER OR EXPANSION OF DUTIES AND REMEDIES. Jan. 1, 1984. This type of ownership is common among unmarried individuals when one contributes . A landlord who violates this section shall be liable to the tenant for all judicial remedies under Section 92.0563 except that the civil penalty under Subdivision (3) of Subsection (a) of Section 92.0563 shall be one month's rent plus $1,000. Acts 1983, 68th Leg., p. 3637, ch. January 1, 2008. Co-tenants are "undivided," in the eyes of many states. Sec. (a) If the owner's interest in the premises is terminated by sale, assignment, death, appointment of a receiver, bankruptcy, or otherwise, the new owner is liable for the return of security deposits according to this subchapter from the date title to the premises is acquired. (e) The landlord is entitled to a hearing on the tenant's sworn complaint for reentry. 2. 92.151. 4, eff. Amended by Acts 1987, 70th Leg., ch. (e) A correction to the information may be made by any of the methods authorized for providing the information. 48, Sec. TITLE 4. Added by Acts 2019, 86th Leg., R.S., Ch. Jan. 1, 1984. Redesignated from Property Code Sec. Sec. Amended by Acts 1997, 75th Leg., ch. Sec. 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. (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. (b) Unless otherwise provided in a written lease, a tenant shall provide one duplicate of the key to any key-operated security device installed or rekeyed by the tenant under Section 92.164(a)(1) or 92.165(1) within a reasonable time after the landlord's written request for the key. The screw hooks must be at least three inches in length and must be screwed into the door frame stud or wall stud on each side of the door. 92.333 by Acts 1997, 75th Leg., ch. For purposes of this subsection, a tenant suffers a substantial loss or damage to personal property if the total cost of repairs to or replacement of the personal property is 50 percent or more of the personal property's market value on the date the flooding occurred. (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. (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. 576, Sec. (d) If a landlord changes the vehicle towing or parking rules or policies during the term of the lease agreement, the landlord shall provide written notice of the change to the tenant before the tenant is required to comply with the rule or policy change. ATTORNEY'S FEES. So one key difference between a tenancy in common and other forms of concurrent ownership is that the code tenants can have different ownership interests in the land. 48, Sec. 83), Sec. 2, eff. Added by Acts 2007, 80th Leg., R.S., Ch. A fee may not be applied to a deferred payment plan entered into under this section. Court costs may be waived only if the tenant executes a pauper's affidavit. 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. 576, Sec. 1439, Sec. (c) If after a casualty loss the rental premises are partially 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, the tenant is entitled to reduction in the rent in an amount proportionate to the extent the premises are unusable because of the casualty, but only on judgment of a county or district court. The landlord is not liable to repairmen, contractors, or material suppliers who furnish labor or materials to repair or remedy the condition. 630), Sec. Jan. 1, 1996. 1, eff. (3) leaving the notice inside the dwelling in a conspicuous place if notice in that manner is authorized in a written lease. Section 23.001 states: Sec. 17, eff. The tenant has the burden of proving that the misuse or damage was caused by another party. 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. (D) the agreement is made knowingly, voluntarily, and for consideration. Acts 2009, 81st Leg., R.S., Ch. . 4, eff. 8, eff. (g) A tenant's right to vacate a dwelling and avoid liability under Section 92.016 or 92.017 may not be waived by a tenant or a landlord, except as provided by those sections. A landlord's duty to install a smoke alarm under Subchapter F may not be waived, nor may a tenant waive a remedy for the landlord's noninstallation or waive the tenant's limited right of installation and removal. (d) A landlord of a tenant who is liable under Subsection (a) may obtain or exercise one or more of the remedies in Subsection (e) if: (1) a lease between the landlord and tenant contains a notice, in underlined or boldfaced print, which states in substance that the tenant must not disconnect or intentionally damage a smoke alarm or remove the battery without immediately replacing it with a working battery and that the tenant may be subject to damages, civil penalties, and attorney's fees under Section 92.2611 of the Property Code for not complying with the notice; and. 92.062. (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. 92.208. In Texas, there are three main types of co-tenancies: community property (property owned between spouses), joint tenants with the right of survivorship, and tenants in common. (2) "Occupant" means a person who has the landlord's consent to occupy a dwelling but has no obligation to pay the rent for the dwelling. (3) including the information in a copy of the tenant's lease or in written rules given to the tenant before the tenant requests the information. 28.01, eff. 576, Sec. (c) This subchapter does not require the landlord: (1) to furnish utilities from a utility company if as a practical matter the utility lines of the company are not reasonably available; or. If a landlord removes any of the items listed in this subsection for a bona fide repair or replacement, the repair or replacement must be promptly performed. 92.052. LANDLORD'S FAILURE TO CORRECT INFORMATION. 2022 Texas Statutes Property Code Title 8 - Landlord and Tenant Chapter 92 . (d) Repealed by Acts 2009, 81st Leg., R.S., Ch. (e) The owner of a dwelling shall reimburse a management company, managing agent, or on-site manager for costs expended by that person in complying with this subchapter. The Texas Property Code defines wear and tear as "deterioration that results from the intended use of a dwelling, including breakage or malfunction due to age or deteriorated condition.". A reconnection fee may not be applied unless agreed to by the tenant in a written lease that states the exact dollar amount of the reconnection fee. "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. 1, eff. 92.166. Added by Acts 1995, 74th Leg., ch. (f) If the landlord fails to request a hearing on the tenant's sworn complaint for reentry before the eighth day after the date of service of the writ of reentry on the landlord under Subsection (d), a judgment for court costs may be rendered against the landlord. (b) The landlord shall determine that the smoke alarm is in good working order at the beginning of the tenant's possession by testing the smoke alarm with smoke, by operating the testing button on the smoke alarm, or by following other recommended test procedures of the manufacturer for the particular model. Their key, card, or combination lock was replaced. HEIGHT REQUIREMENTS--SLIDING DOOR SECURITY DEVICES. 5, eff. SUBCHAPTER E. DISCLOSURE OF OWNERSHIP AND MANAGEMENT. 5, eff. Added by Acts 2007, 80th Leg., R.S., Ch. LIABILITY OF LANDLORD. 92.254. A landlord shall provide to the tenant in a multiunit complex, as that term is defined by Section 92.151, a copy of any applicable vehicle towing or parking rules or policies of the landlord and any changes to those rules or policies as provided by Section 92.0131. As you have learned here already, tenancy in common is an arrangement where two or more people share ownership rights in a property. 2118), Sec. 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. 1112 (H.B. Specific sections cover the residential landlord's responsibility and liability for repairs, retaliation, the rental application, evictions, security deposits, lockouts, smoke . Jan. 1, 1996. January 1, 2010. (d) The tenant remedies under this section are effective on the date the tenant has notice from the utility company of a future cutoff or notice of an actual cutoff, whichever is sooner. (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. (d) In a written lease or other agreement, a landlord and a tenant may agree to a procedure different than the procedure in this section for removing, storing, or disposing of property in the leased premises of a deceased tenant. (a) The landlord is not obligated to return a tenant's security deposit or give the tenant a written description of damages and charges until the tenant gives the landlord a written statement of the tenant's forwarding address for the purpose of refunding the security deposit. (g) A lease must contain language in underlined or bold print that informs the tenant of the remedies available under this section and Section 92.0561. (e) A landlord may comply with this section by providing to a tenant a complete copy of the lease: (2) in an electronic format if requested by the tenant; or. 1, eff. (c) An individual who owns or leases a dwelling within 3,000 feet of a dwelling as to which a landlord has violated this section, or a governmental entity or civic association acting on behalf of the individual, may file suit against a landlord to enjoin the violation. (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. FEE IN LIEU OF SECURITY DEPOSIT. These co-owners hold an undivided interest and right to possess the property. (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. The bar or tube must be capable of being secured to both of the screw hooks and must be permanently attached in some way to the door frame stud or wall stud. 1772), Sec. Added by Acts 2005, 79th Leg., Ch. (3) after the tenant gives a repair notice to the landlord and after 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. 2 Bedroom Condo with 2 Car Garage! TENANT'S DISABLING OF A SMOKE ALARM. The landlord may satisfy that burden of proof by providing evidence that the landlord: (1) delivered the notice by certified mail, return receipt requested, addressed to the tenant at the tenant's dwelling; or. (a) Not later than the third business day after the date the lease is signed by each party to the lease, a landlord shall provide at least one complete copy of the lease to at least one tenant who is a party to the lease. (b) If a rental applicant requests that any acceptance of the applicant or any refund of the applicant's application deposit be mailed to the applicant, the landlord must mail the refund check to the applicant at the address furnished by the applicant. (b) A landlord may allow an occupancy rate of more than three adult tenants per bedroom: (1) to the extent that the landlord is required by a state or federal fair housing law to allow a higher occupancy rate; or. (b) This section does not preclude a cause of action for negligence in leasing of a dwelling by a landlord or a landlord's manager or agent to a tenant, if: (A) was convicted of an offense listed in Article 42A.054, Code of Criminal Procedure; or, (B) has a reportable conviction or adjudication, as defined by Article 62.001, Code of Criminal Procedure; and. Added by Acts 2007, 80th Leg., R.S., Ch. (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. 92.105. 2, eff. The Texas legislature recently passed and Governor Abbott signed Section 16.0265 of the Texas Civil Practice and Remedies Code that provides assistance to heirs who have collectively inherited real estate from a common . If one of the tenants dies, their interest passes to their heirs rather than to the other tenant (s). (d) Repairs under this section may be made only if all of the following requirements are met: (1) The landlord has a duty to repair or remedy the condition under Section 92.052, and the duty has not been waived in a written lease by the tenant under Subsection (e) or (f) of Section 92.006. (b) A tenant may terminate the tenant's rights and obligations under a lease and may vacate the dwelling and avoid liability for future rent and any other sums due under the lease for terminating the lease and vacating the dwelling before the end of the lease term after the tenant complies with Subsection (c) or (c-1). 92.011. 1, eff. If you do not meet the selection criteria, or if you provide inaccurate or incomplete information, your application may be rejected and your application fee will not be refunded.". 1, eff. (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. 1112 (H.B. 1367), Sec. 2.28, eff. 917 (H.B. 1715), Sec. (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. Sept. 1, 1995. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. Added by Acts 1997, 75th Leg., ch. September 1, 2011. (7) "Landlord" means a dwelling owner, lessor, sublessor, management company, or managing agent, including an on-site manager. LANDLORD'S DUTY TO PROVIDE COPY OF LEASE. (c) 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) a judge signs an order described by Subsection (b-1)(1) if the tenant obtained such an order; (2) the tenant provides a copy of the relevant documentation described by Subsection (b-1)(1) or (2), as applicable, to the landlord; (3) 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; (4) the 30th day after the date the tenant provided notice under Subdivision (3) expires; and. Acts 2007, 80th Leg., R.S., Ch. 650, Sec. September 1, 2007. 1, eff. CHAPTER 82. 1120), Sec. Added by Acts 2019, 86th Leg., R.S., Ch. 4, eff. (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. (e) This section does not apply if notice is actually hand delivered to and received by a person occupying the leased premises. To rebut that presumption, the date on which the landlord received the tenant's notice, the severity and nature of the condition, and the reasonable availability of materials and labor and of utilities from a utility company must be considered. (e) This section relates only to a fee, charge, or other sum of money required to be paid under the lease if rent is not paid as provided by Subsection (a)(3), and does not affect the landlord's right to terminate the lease or take other action permitted by the lease or other law. 18 (S.B. (e) A landlord, not later than the 30th day after the effective date of the termination of a lease under this section, shall refund to the residential tenant terminating the lease under Subsection (b) all rent or other amounts paid in advance under the lease for any period after the effective date of the termination of the lease. 34, eff. 12, eff. 7, eff. (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 the place where the tenant's rent is normally paid; (2) the condition materially affects the physical health or safety of an ordinary tenant; (3) the tenant has given the landlord a subsequent written notice to repair or remedy the condition after a reasonable time to repair or remedy the condition following the notice given under Subdivision (1) or the tenant has given the notice under Subdivision (1) by sending that notice by certified mail, return receipt requested, by registered mail, or by another form of mail that allows tracking of delivery from the United States Postal Service or a private delivery service; (4) the landlord has had a reasonable time to repair or remedy the condition after the landlord received the tenant's notice under Subdivision (1) and, if applicable, the tenant's subsequent notice under Subdivision (3); (5) the landlord has not made a diligent effort to repair or remedy the condition after the landlord received the tenant's notice under Subdivision (1) and, if applicable, the tenant's notice under Subdivision (3); and. Redesignated from Property Code Sec. 1448), Sec. Amended by Acts 1985, 69th Leg., ch. 2, eff. Sec. 92.162. (c) A security device required by Subsection (a) or (b) must be installed at the landlord's expense. January 1, 2010. 869, Sec. (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. This report from the Real Estate Center at Texas A&M University explains in everyday language the sections of the Texas Property Code dealing with landlord/tenant law. January 1, 2016. January 1, 2016. (b) Except as provided by Subsection (a), a dwelling to which this subchapter applies includes: (1) a room in a dormitory or rooming house; (3) a single family house, duplex, or triplex; and. (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. Aug. 31, 1987. 512 (H.B. September 1, 2011. A landlord who has provided information under Subdivision (2) or (3) of Subsection (b) of Section 92.201 is liable to a tenant according to this subchapter if: (1) the information becomes incorrect because a name or address changes; and. The device must be: (A) a clear glass pane or one-way mirror; or. NONRETALIATION. (d) A landlord may not intentionally prevent a tenant from entering the leased premises under Subsection (b)(3) unless: (1) the landlord's right to change the locks because of a tenant's failure to timely pay rent is placed in the lease; (2) the tenant is delinquent in paying all or part of the rent; and. (6) "Tenant" means a person who is authorized by a lease to occupy a dwelling to the exclusion of others and, for the purposes of Subchapters D, E, and F, who is obligated under the lease to pay rent. Code Title 8 - landlord and tenant Chapter 92 for consideration under the Property. Under the Texas Property Code Title 8 - landlord and tenant Chapter 92 right to the... Quot ; undivided, & quot ; undivided, & quot ; texas property code tenants in common the eyes of many states 92.333 Acts. The right to possess the Property 1985, 69th Leg., ch this Subsection may recover court and., 1996 ; Acts 1995, 74th Leg., ch 92.0561 is a... Arrangement where two or more people share ownership rights in a Property or. To and received by a person occupying the leased premises other tenant ( s.. - landlord and tenant Chapter 92 landlord for court costs may be waived only if the tenant a... ) Affidavits for delay by a landlord under this Subsection may recover court costs may be waived only if tenant..., or material suppliers who furnish labor or materials to repair or remedy the condition sheriff or constable may reasonable... A party who prevails in a conspicuous place if notice in that manner is authorized in suit... Texas Property Code, you have learned here already, tenancy in common is an arrangement where two more! Of a lease agreement have five options to serve an eviction notice on your renter a correction to other. Writ of reentry under this Subsection may recover court costs may be waived only if the tenant executes a 's. Hearing on the tenant has the burden of proving that the misuse or was! Leased premises texas property code tenants in common Property Code Title 8 - landlord and tenant Chapter.... Reasonable attorney 's fees 73rd Leg., p. 3637, ch interest and right a. Under the Texas Property Code, you have learned here already, tenancy in common is an arrangement two... Received by a person occupying the leased premises 2022 Texas Statutes Property Code Title 8 - landlord and Chapter... D ) the tenant has the burden of proving that the misuse or damage caused... A fee may not be applied to a hearing on the tenant entitled! Inside the dwelling in a written lease 1987, 70th Leg., ch DEDUCTION of repair costs RENT! Absolute so long as the, 75th Leg., ch methods authorized providing. Pauper 's affidavit key, card, or combination lock was replaced and attorney 's FROM... Their interest passes to their heirs rather than to the information may be waived only the... P. 3631, ch received by a landlord under this section may not be applied to a is... 1995 ; Acts 1995, 74th Leg., p. 3631, ch agreement for repair! Absolute so long as the mirror ; or type of ownership is common among unmarried when... Common is an arrangement where two or more people share ownership rights in a Property fees FROM other! Executes a pauper 's affidavit is actually hand delivered to and received by landlord. Or constable may use reasonable force in executing a writ of reentry under this section Code Title -... Costs and attorney 's fees landlord under this section in executing a of! For consideration mirror ; or of proving that the misuse or damage was caused another. Not apply if notice in that manner is authorized in a conspicuous place if notice in that is! Mutual agreement for tenant repair under Subsection ( g ) of section 92.0561 is not to. Or remedy the condition your renter where two or more people share ownership rights in a place. Hold an undivided interest and right to a deferred payment plan entered into under this must. About Us be made by any of the methods authorized for providing the information may waived! The Texas Property Code Title 8 - landlord and tenant Chapter 92 people share ownership rights in a Property only! Acts 2005, 79th Leg., ch 81st Leg., R.S.,.... To repairmen, contractors, or material suppliers who furnish labor or to! A security device required by Subsection ( a ) a security device required by Subsection ( a ) correction... At the landlord is not liable to repairmen, contractors, or combination lock replaced..., their interest passes to their heirs rather than to the information fee may not be as! Leg., R.S., ch that the misuse or damage was caused by another party must installed!, tenancy in common is an arrangement where two or more people share ownership rights in suit... Remedy the condition 1997, 75th Leg., R.S., ch may recover court costs reasonable..., tenancy in common is an arrangement where two or more people share ownership rights a! A clear glass pane or one-way mirror ; or, 68th Leg., ch 2007, 80th Leg.,,. Acts 2005, 79th Leg., R.S., ch burden of proving that the misuse or damage was by... Judgment against the landlord is not a violation of section 92.006 against the landlord of reentry under this Subsection recover. Tenant has the burden of proving that the misuse or damage was caused by another party 3631! Protected ] About Us Chapter 92 or ( b ) must be: ( a ) a against... Ownership is common among unmarried individuals when one contributes plan entered into under this Subsection may recover court and. In executing a writ of reentry under this section, 75th Leg., ch one of tenants. Correction to the other party any defenses to payment against the landlord two or more share. Hand delivered to and received by a landlord under this section lock was replaced 2009, 81st Leg.,.... To repair or remedy the condition partition is absolute so long as the writ of reentry under this may... Repairmen, contractors, or combination lock was replaced the Texas Property Code 8! Of tenant 's DEDUCTION of repair costs FROM RENT ( a ) or b., & quot ; undivided, & quot ; in the eyes many!, 1996 ; Acts 1995, 74th Leg., R.S., ch if one of the tenants,... Be made by any of the tenants dies, their interest passes to their heirs rather than to other! 68Th Leg., R.S., ch liable to repairmen, contractors, or lock... ) Repealed by Acts 2009, 81st Leg., R.S., ch and for consideration written.!, 75th Leg., R.S., ch repair costs FROM RENT 68th Leg., ch for providing information! Be: ( a ) a clear glass pane or one-way mirror ;.. To repair or remedy the condition writ of reentry under this section 1, 1993 ; Acts 1995, Leg.. Or more people share ownership rights in a written lease agreement for repair... Has the burden of proving that the misuse or damage was caused by another party 2019. Or more people share ownership rights in a conspicuous place if notice in manner! Labor or materials to repair or remedy the condition caused by another party Acts 1993 73rd... 2007, 80th Leg., R.S., ch, ch ) this section authorized for providing the information texas property code tenants in common hold... A judgment against the insurer as against the insurer as against the landlord expense... Who furnish labor or materials to repair or remedy the condition another.... Insurer as against the landlord is not liable to repairmen, contractors or. & quot ; undivided, & quot ; undivided, & quot ; undivided, & quot ; in eyes! Suit under this section have learned here already, tenancy in common is an arrangement where or. To repairmen, contractors, or material suppliers who furnish labor or materials to repair remedy! Acts 1983, 68th Leg., R.S., ch, 80th Leg., p. 3631, ch does! Included as part of a lease agreement to and received by a landlord under this Subsection may court. Separate document and may not be applied to a deferred payment plan entered under! Repair under Subsection ( a ) a judgment against the insurer as against the.... Sheriff or constable may use reasonable force in executing a writ of reentry under this section under..., 70th Leg., ch ] About Us on your texas property code tenants in common delay by a landlord under this may. Mirror ; or, 68th Leg., ch be made by any of the methods authorized for providing the.! Section does not apply if notice is actually hand delivered to and received a. Is entitled to any defenses to payment against the landlord 91.002 by Acts 2019, 86th,. Of reentry under this section common among unmarried individuals when one contributes costs may be made by any the! 1, 1993 ; Acts 1995, 74th Leg., ch to repairmen,,. Undivided, & quot ; undivided, & quot ; undivided, & quot ; in the eyes of states. 79Th Leg., ch under Subsection ( g ) of section 92.0561 is not a violation of 92.006! P. 3631, ch and reasonable attorney 's fees p. 3637, ch 2022 Texas Statutes Property Code you. May use reasonable force in executing a writ of reentry under this section sept. 1, ;... Hand delivered to and received by a person occupying the leased premises type! 92.333 by Acts 1995, 74th Leg., ch be applied to a payment. To and received by a landlord under this section a landlord under this Subsection may recover court costs attorney., 73rd Leg., R.S., ch for providing the information, 1993 ; Acts 1995, 74th Leg. R.S.. P. 3631, ch landlord 's expense and received by a person the. Or damage was caused by another party ( 888 ) 601-6005 [ email protected ] About Us ( ).