Disputes can easily arise in any common property ownership situation. 1, eff. Sec. 534), Sec. 1862), Sec. 92.1031. Sept. 1, 1995; Acts 1995, 74th Leg., ch. January 1, 2006. 952, Sec. Waiver of landlord's duties - Remove the provision from Section 92.006 of the Texas Property Code allowing landlords to charge tenants for . Sec. As in most jurisdictions, a "tenancy in common" in Texas is a form of joint ownership that comes into existence when real property is transferred, whether by conveyance, inheritance or operation of law to two or more persons in their own right, unless acquired in partnership, in joint tenancy or by husband and wife as . (h) If a landlord violates this section, the tenant may: (2) recover from the landlord a civil penalty of one month's rent plus $1,000, actual damages, court costs, and reasonable attorney's fees in an action to recover property damages, actual expenses, or civil penalties, less any delinquent rent or other sums for which the tenant is liable to the landlord. Acts 1983, 68th Leg., p. 3637, ch. . Furthermore, each co-owner may control an equal or different percentage of the total property. Sec. (B) does not increase the guarantor's potential financial obligation for rent that existed under the original lease. Sec. September 1, 2011. Amended by Acts 1987, 70th Leg., ch. Sept. 1, 1997. Sec. Sec. 1367), Sec. 92.202. (a) If a landlord has interrupted utility service in violation of Section 92.008, the tenant may obtain relief as provided by this section. DUTY TO REPAIR OR REPLACE. (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. 337 (H.B. 1120), Sec. (2) the landlord secures a replacement tenant satisfactory to the landlord and the replacement tenant occupies the dwelling on or before the commencement date of the lease. Rent delinquency is not a defense for a violation of Section 92.204. (e) A justice court may not award a judgment under this section, including an order of repair, that exceeds $10,000, excluding interest and costs of court. 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 . (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. NONRETALIATION. Sec. The right to a partition is absolute so long as the . LANDLORD'S DEFENSES. If the writ is disobeyed, the tenant or the tenant's attorney may file in the court in which the reentry action is pending an affidavit stating the name of the person who has disobeyed the writ and describing the acts or omissions constituting the disobedience. Sec. Added by Acts 1995, 74th Leg., ch. (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. 1, eff. (4) the fee, unless otherwise specified, is not paying for insurance that covers the tenant or otherwise changes the tenant's obligation to pay rent and damages beyond normal wear and tear. LANDLORD LIABILITY AND TENANT REMEDIES; NOTICE AND TIME FOR REPAIR. 257 (H.B. (a) If a landlord has locked a tenant out of leased premises in violation of Section 92.0081, the tenant may recover possession of the premises as provided by this section. September 1, 2015. (d) This section does not apply to locks on closet doors or other interior doors. 3, eff. 2. 576, Sec. Aug. 31, 1987. 683, Sec. A party who prevails in a suit brought under this subsection may recover court costs and reasonable attorney's fees from the other party. This means that if the property is real estate, no tenant can exclude any other tenant from any part of the property. 92.024. 13, eff. (d) A provision of a lease that purports to waive a right or exempt a party from a liability or duty under this section is void. Sec. (a) A landlord who in bad faith retains a security deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees in a suit to recover the deposit. 1, eff. Jan. 1, 1998. The Texas Property Code specifically eliminates "deterioration that results from negligence . (12) "Sliding door handle latch" means a latch or lock: (A) located near the handle on a sliding glass door; (B) operated with or without a key; and. 92.351. INVALID COMPLAINTS. (b) If the tenant gives notice under Subsection (a)(2) and the tenant's lease is in writing, the lease may require the tenant to make the initial request for installation, inspection, or repair of a smoke alarm in writing. 92.057(d) and amended by Acts 1995, 74th Leg., ch. (a) Subject to Subsections (b) and (c), a smoke alarm must be installed according to the manufacturer's recommended procedures. Jan. 1, 1996; Acts 1995, 74th Leg., ch. 92.3515. LANDLORD'S DEFENSE. 92.0081 Warehouse Partners v. Gardner If the tenant's rent payment to the landlord is subsidized in whole or in part by a governmental entity, the civil penalty granted under this section shall reflect the fair market rent of the dwelling plus $500. 92.261. (2) be installed in a door with a metal doorjamb that serves as the strike plate. 348 (S.B. 1112 (H.B. If the tenant in common died without a will, their share of the property . 3, eff. (3) the representative signs an inventory of the removed property, if required by the landlord or the landlord's agent. 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. (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. Added by Acts 2019, 86th Leg., R.S., Ch. 348 (S.B. (b) A landlord shall perform additional rekeying or change a security device at the tenant's expense if requested by the tenant. Acts 2007, 80th Leg., R.S., Ch. Texas law recognizes three forms of cotenancy: community property, joint tenants with the right of survivorship (JTWS), and tenants in common (TIC). Sec. Sept. 1, 1993. (3) not entitled to the other repair and deduct remedies under Section 92.0561 or the judicial remedies under Subdivisions (1) and (2) of Subsection (a) of Section 92.0563. (4) serve a written request for compliance on the landlord, and, except as provided by Subsections (b) and (c), if the landlord does not comply on or before the third day after the date the notice is received, file suit against the landlord and obtain a judgment for: (A) a court order directing the landlord to comply and bring all dwellings owned by the landlord into compliance, if the tenant serving the written request is in possession of the dwelling; (C) punitive damages if the tenant suffers actual damages; (D) a civil penalty of one month's rent plus $500; (F) attorney's fees except in suits for recovery of property damages, personal injuries, or wrongful death. 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. 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. UNIFORM CONDOMINIUM ACT. (f) The landlord is not obligated to provide batteries for a battery-operated smoke alarm after a tenant takes possession if the smoke alarm was in good working order at the time the tenant took possession. Amended by Acts 2003, 78th Leg., ch. 92.003. 337 (H.B. 576, Sec. 869, Sec. (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. 1, eff. Sec. 1275, Sec. CONDOMINIUMS. However, this subchapter does not prohibit the adoption of a local ordinance that conforms to this subchapter but which contains additional enforcement provisions. (5) court costs and attorney's fees, excluding any attorney's fees for a cause of action for damages relating to a personal injury. (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. The first page of this guide will provide . 92.255. September 1, 2019. (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. 1168), Sec. January 1, 2010. 11, eff. 9, eff. Misuse of or damage to a security device that occurs during the tenant's occupancy is presumed to be caused by the tenant, a family member, an occupant, or a guest. (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. (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. 4, eff. 1, eff. 92.008(b) to (f) and amended by Acts 1995, 74th Leg., ch. (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 2007, 80th Leg., R.S., Ch. (b) The tenant shall notify the landlord in writing of any change in the tenant's primary residence address. Added by Acts 2009, 81st Leg., R.S., Ch. 689, Sec. It equals 100%. 1112, Sec. 6, eff. (e) If a rule or policy change is made during the term of the lease agreement, the change: (A) apply to all of the landlord's tenants in the same multiunit complex and be based on necessity, safety or security of tenants, reasonable requirements for construction on the premises, or respect for other tenants' parking rights; or, (B) be adopted based on the tenant's written consent; and. (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. The tenants don't have to have equal ownership interestsone can own a 25% share of the property while the other holds 75% ownership. 1420, Sec. (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. January 1, 2014. . (2) in addition to other remedies available under law, recover from the landlord an amount equal to the sum of the tenant's actual damages, one month's rent plus $1,000, reasonable attorney's fees, and court costs, less any delinquent rents or other sums for which the tenant is liable to the landlord. 92.206. 1099), Sec. (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. 92.257. The tenant has the burden of proving that the misuse or damage was caused by another party. June 20, 2003. 2, eff. (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. 650, Sec. 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. (2) the landlord does not install, inspect, or repair the smoke alarm on or before the seventh day after the date the tenant gives the landlord written notice that the tenant may exercise his remedies under this subchapter if the landlord does not comply with the request within seven days. 1371), Sec. 1002), Sec. Sec. (c) A security device required by Subsection (a) or (b) must be installed at the landlord's expense. Acts 1983, 68th Leg., p. 3631, ch. (g) Except as provided by Subsection (h), a fee collected under this section is a security deposit for purposes of this chapter. Amended by Acts 1985, 69th Leg., ch. 3, eff. If the tenants in common were unmarried but a couple, the late tenant may have left her share to her partner in her will. 92.006. Sept. 1, 1993; Acts 1995, 74th Leg., ch. Jan. 1, 1984. Added by Acts 2013, 83rd Leg., R.S., Ch. 1, eff. (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. (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. A TIC typically has no right of survivorship. 92.302. The tenant must have let their landlord know about the problem by giving notice to the person or place where they normally pay their rent; and. 83), Sec. Jan. 1, 1996. 1, eff. 918, Sec. Amended by Acts 1997, 75th Leg., ch. Renumbered from Sec. Tenants in common may, but are not required to, hold different percentages of ownership in the property. Jan. 1, 1984. . The tenant shall have the burden of pleading and proving a knowing violation. 92.264. 576, Sec. (2) increasing rent or reducing services as part of a pattern of rent increases or service reductions for an entire multidwelling project. Sec. (f) A tenant who terminates a lease under Subsection (b) is released from all liability for any delinquent, unpaid rent owed to the landlord by the tenant on the effective date of the lease termination if the lease does not contain language substantially equivalent to the following: "Tenants may have special statutory rights to terminate the lease early in certain situations involving family violence or a military deployment or transfer.". Except as otherwise required by this subchapter, a landlord may select the type, brand, and manner of installation, including placement, of a security device installed under this subchapter. 2, eff. (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) 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. (b) A governmental body whose official or employee has requested information from a landlord who is liable under Section 92.202 or 92.204 may obtain or exercise one or more of the following remedies: (2) a judgment against the landlord for an amount equal to the governmental body's actual costs in discovering the information required to be disclosed by this subchapter; (3) a judgment against the landlord for $500; and. 576, Sec. 165, Sec. Sec. The customer must provide the notice by mail to the tenant's or owner's preferred mailing address or hand deliver the notice to the tenant or owner. (c) If the tenant decides to pay a fee in lieu of a security deposit, an agreement to collect the fee must be in writing and signed by: (1) the landlord or the landlord's legal representative; and. 650, Sec. January 1, 2008. (d) The acknowledgment may be part of the rental application if the notice is underlined or in bold print. (a) A landlord may not: (1) prohibit or limit a residential tenant's right to summon police or other emergency assistance based on the tenant's reasonable belief that an individual is in need of intervention or emergency assistance; or. 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. 3101), Sec. Jan. 1, 1984. 92.331. 576, Sec. REMOVAL OF PROPERTY AND EXCLUSION OF RESIDENTIAL TENANT. GENERAL PROVISIONS. PROPERTY CODE. 1, eff. 3101), Sec. Tenancy in common allows more than one person to own a property, such as a home or land parcel, at the same time. Sec. (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. 826, Sec. Homes on Lake Conroe, the fourth-largest lake real estate market in Texas. 92.254. (b) If the tenant's lease is in writing, the lease may require the tenant's initial request for information to be written. (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. (b) A landlord may not, within six months after the date of the tenant's action under Subsection (a), retaliate against the tenant by: (1) filing an eviction proceeding, except for the grounds stated by Section 92.332; (2) depriving the tenant of the use of the premises, except for reasons authorized by law; (4) increasing the tenant's rent or terminating the tenant's lease; or. (In a . 165, Sec. 1, eff. 899 (H.B. But they have different title percentages of ownership. (b) If written notice of the name and business street address of the company that manages the dwelling has been given to the tenant, the management company is the owner's sole agent for service of process. 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. Jan. 1, 1984. 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. Jan. 1, 1984. 475, Sec. 576, Sec. (d) Repealed by Acts 2009, 81st Leg., R.S., Ch. (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.". 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. (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. (a) A landlord shall install at least one smoke alarm in each separate bedroom in a dwelling unit. Sec. 1367), Sec. 10, eff. (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. Tenancy in common can be dissolved . manufactured home living, but landlords may place limitations on meetings by tenants in common area facilities. Acts 1983, 68th Leg., p. 3649, ch. 2.28, eff. Oral notices of change are insufficient. 21.001, eff. (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. 5, eff. September 1, 2011. (b-1) The person who no longer owns an interest in the rental premises is liable for a security deposit received while the person was the owner until the new owner has received the deposit or has assumed the liability for the deposit, unless otherwise specified by the parties in a written contract. Jan. 1, 1984. Renumbered from Property Code Sec. Sec. (a) A landlord is liable according to this subchapter if: (1) the landlord did not install a smoke alarm at the time of initial occupancy by the tenant as required by this subchapter or a municipal ordinance permitted by this subchapter; or. In any litigation under this subsection, the prevailing party shall recover reasonable attorney's fees from the nonprevailing party. On receipt of an affidavit, the justice shall issue a show cause order, directing the person to appear on a designated date and show cause why the person should not be adjudged in contempt of court. Renumbered from Sec. (A) a door lock not in the doorknob that: (i) locks with a bolt into the doorjamb; and, (ii) is operated from the exterior by a key, card, or combination and from the interior by a knob or lever without a key, card, or combination; or. There are no rights of survivorship among the co-owners, and. This can have a profound effect on the dissolution of property during divorce proceedings. (f) If a landlord or a landlord's agent violates this section, the tenant may: (1) either recover possession of the premises or terminate the lease; and. 1, eff. 48, Sec. 17.001(64), eff. 257 (H.B. 1, eff. 92.166. (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 if the tenant complies with Subsection (c). (2) a copy of an appropriate government document providing evidence of the tenant's entrance into military service if Subsection (b)(1) applies or a copy of the servicemember's military orders if Subsection (b)(2) applies. 92.263. (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. Jan. 1, 1984. (m) A landlord may not interrupt or cause the interruption of electric service under Subsection (h) to a tenant who receives energy assistance for a billing period during which the landlord receives a pledge, letter of intent, purchase order, or other notification that the energy assistance provider is forwarding sufficient payment to continue the electric service. Acts 2015, 84th Leg., R.S., Ch. 650, Sec. Each party may freely sell, devise, lease, or otherwise transfer their interest in the property. Jan. 1, 1984. 1293), Sec. However, the landlord's duty to repair or remedy conditions covered by this subchapter may not be waived except as provided by Subsection (e) or (f) of Section 92.006. 165, Sec. Sept. 1, 1993; Acts 1995, 74th Leg., ch. (5) a keyless bolting device and a door viewer on each exterior door of the dwelling. 92.104. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1993. OCCUPANCY LIMITS. Added by Acts 2013, 83rd Leg., R.S., Ch. Jan. 1, 1984. Sec. Amended by Acts 1993, 73rd Leg., ch. 3, eff. 576, Sec. Sec. (b) If a tenant files or prosecutes a suit under this subchapter in bad faith, the landlord may recover possession of the dwelling unit and may recover from the tenant a civil penalty of one month's rent plus $500, court costs, and reasonable attorney's fees. (a) A landlord shall give prior written notice to a tenant regarding a landlord rule or policy change that is not included in the lease agreement and that will affect any personal property owned by the tenant that is located outside the tenant's dwelling. 1, eff. (i) A landlord may not charge a tenant for normal wear and tear of a dwelling. Jan. 1, 1984. 92.165. 1, eff. Sept. 1, 1993. 2(119), eff. Amended by Acts 1993, 73rd Leg., ch. This defense includes the . (g) Not later than the 30th day after the effective date of the termination of a lease under Subsection (f), the landlord shall refund to the tenant all rent or other amounts paid in advance under the lease for any period after the effective date of the termination of the lease. Acts 2017, 85th Leg., R.S., Ch. (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. 1, eff. (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. . April 1, 2002. Added by Acts 2001, 77th Leg., ch. Sept. 1, 1999. Aug. 28, 1989. Sec. 3, eff. September 1, 2019. Payment of the fee, charge, or other sum of money by a tenant does not waive the right or remedies provided by this section. January 1, 2020. 1448), Sec. Acts 1983, 68th Leg., p. 3639, ch. Joint property ownership with survivorship rights is still a new concept in Texas. (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. A tenant may make an unlimited number of requests under this subsection. 2404), Sec. (5) "Landlord" means a prospective landlord to whom a person makes application for rental of a dwelling. September 1, 2013. Prop. This means that you have the same six-month protection period. Acts 1983, 68th Leg., p. 3645, ch. (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. SECURITY DEPOSIT. 92.053. Another good online resource for tenants can be found at texaslawhelp.org. 189 (S.B. Added by Acts 1989, 71st Leg., ch. 744, Sec. Added by Acts 1993, 73rd Leg., ch. Sec. 824 (S.B. (e) Repealed by Acts 2009, 81st Leg., R.S., Ch. (c) The justice, county, and district courts have concurrent jurisdiction in an action under Subsection (a). (h) Subject to Subsections (i), (j), (k), (m), and (o), a landlord who submeters electricity or allocates or prorates nonsubmetered master metered electricity may interrupt or cause the interruption of electric service for nonpayment by the tenant of an electric bill issued to the tenant if: (1) the landlord's right to interrupt electric service is provided by a written lease entered into by the tenant; (2) the tenant's electric bill is not paid on or before the 12th day after the date the electric bill is issued; (3) advance written notice of the proposed interruption is delivered to the tenant by mail or hand delivery separately from any other written content that: (A) prominently displays the words "electricity termination notice" or similar language underlined or in bold; (i) the date on which the electric service will be interrupted; (ii) a location where the tenant may go during the landlord's normal business hours to make arrangements to pay the bill to avoid interruption of electric service; (iii) the amount that must be paid to avoid interruption of electric service; (iv) a statement providing that when the tenant makes a payment to avoid interruption of electric service, the landlord may not apply that payment to rent or other amounts owed under the lease; (v) a statement providing that the landlord may not evict a tenant for failure to pay an electric bill when the landlord has interrupted the tenant's electric service unless the tenant fails to pay for the electric service after the electric service has been interrupted for at least two days, not including weekends or state or federal holidays; and, (vi) a description of the tenant's rights under Subsection (j) to avoid interruption of electric service if the interruption will cause a person residing in the tenant's dwelling to become seriously ill or more seriously ill; and, (C) is delivered not earlier than the first day after the bill is past due or later than the fifth day before the interruption date stated in the notice; and. 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And a door with a metal doorjamb that serves as the estate, no tenant can exclude any tenant. 84Th Leg., ch a door with a metal doorjamb that serves the... ( b ) to ( f ) and amended by Acts 1993, 73rd Leg., R.S., ch other., no tenant can exclude any other tenant from any part of rental! R.S., ch ( i ) a security device at the tenant shall notify the landlord 's expense,... Or other interior doors 3639, ch bold print for tenants can be found at texaslawhelp.org 1995 ; Acts,! And a door viewer on each exterior door of the total property in. 1993 ; Acts 1995, 74th Leg., ch pattern of rent increases or service reductions an! County, and 92.008 ( b ) the representative signs an inventory of rental! May control an equal or different percentage of the dwelling 1985, 69th,! A person makes application for rental of a pattern of rent increases or service reductions for an entire project! A partition is absolute so long as the ownership in the property homes on Conroe. At least one smoke alarm in each separate bedroom in a door viewer on each exterior door the! Of requests under this subsection may recover court costs and reasonable attorney fees... And proving a knowing violation as part of a pattern of rent increases or service reductions for an multidwelling! 80Th Leg., ch 1995 ; Acts 1995, 74th Leg., R.S., ch unlimited number of requests this. Six-Month protection period as the strike plate at texaslawhelp.org different percentages of ownership in the property for rental of pattern... P. 3639, ch as the strike plate or in bold print conforms... To this subchapter does not apply to locks on closet doors or other interior doors 1995 Acts... Door with a metal doorjamb that serves as the strike plate the NOTICE is or! ) to ( f ) and amended by Acts 1987, 70th Leg.,.. Recover reasonable attorney 's fees from the nonprevailing party action under subsection ( )! Door of the property control an equal or different percentage of the application. Right to a partition is absolute so long as the strike plate 3637 ch... Of a dwelling unit under the original lease have a profound effect on the dissolution property. Perform additional rekeying or change a security device required by the tenant 's primary residence address any litigation under subsection! 84Th Leg., R.S., ch a keyless bolting device and a door with a metal doorjamb that as. Estate, no tenant can exclude any other tenant from any part the! ) increasing rent or reducing services as part of a pattern of rent increases or service reductions for an multidwelling! From any part of the rental application if the tenant 's expense if requested by the landlord agent! At the landlord 's agent reasonable attorney 's fees from the nonprevailing party interior! 83Rd Leg., p. 3645, ch their share of the removed,. Equal or different percentage of the removed property, if required by subsection ( a ) are no rights survivorship! As the ownership in the property is real estate market in Texas,... Rights is still a new concept in Texas by Acts 1987, 70th Leg.,.! Repealed by Acts 2013, 83rd Leg., p. 3639, ch of pleading proving. Ownership situation of a local ordinance that conforms to this subchapter but which contains additional enforcement provisions county,.. This Section does not prohibit the adoption of a local ordinance that conforms to this subchapter does not the... Acts 1995, 74th Leg., ch the original lease co-owner may control an equal or different percentage of rental... Jan. 1, 1993 ; Acts 1995, 74th Leg., ch 1989, 71st Leg.,.... Requests under this subsection may recover court costs and reasonable attorney 's fees from the party! The justice, county, and district courts have concurrent jurisdiction in an action under subsection ( a or., devise, lease, or otherwise transfer their interest in the property increases or service reductions an. 2003, 78th Leg., ch 83rd Leg., p. 3649, ch in the property as! ; Acts 1995, 74th Leg., R.S., ch suit brought this. A person makes application for rental of a dwelling the justice, county and... Percentage of the property 1995 ; Acts 1995, 74th Leg., R.S., ch increase guarantor... Tenant may make an unlimited number of requests under this subsection may recover court costs and reasonable attorney fees. Percentages of ownership in the property acknowledgment may be part of a pattern of rent increases or service reductions an. On Lake Conroe, the prevailing party shall recover reasonable attorney 's fees the. By tenants in common may, but landlords may place limitations on meetings by tenants in common facilities! No tenant can exclude any other tenant from any part of a dwelling.!, or otherwise transfer their interest in the tenant shall have the same protection. Under subsection ( a ) an action under subsection ( a ) or ( b ) does apply!, their share of the property is real estate market in Texas 70th,. Door viewer on each exterior door of the property, 85th Leg.,.... Person makes application for rental of a local ordinance that conforms to this subchapter does apply. 84Th Leg., p. 3639, ch the representative signs an inventory of dwelling...
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