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Accessibility: Texas.gov will make an effort to link to and display videos on its YouTube channel that have closed captioning available for hearing impaired viewers. (c) In an action brought by a tenant under this subchapter, the landlord has the burden of proving that the retention of any portion of the security deposit was reasonable. 1205, Sec. The services hosted on Texas.gov use both session cookies and persistent cookies. Visit Texas.gov/Work for information from multiple government resources related to starting a new business. (b) A tenant may not unilaterally terminate the lease under Subsection (a)(2) or file suit against the landlord to obtain a judgment under Subsection (a)(4) unless the landlord does not comply on or before the seventh day after the date the written request for compliance is received if the lease includes language underlined or in boldface print that in substance provides the tenant with notice that: (1) the landlord at the landlord's expense is required to equip the dwelling, when the tenant takes possession, with the security devices described by Sections 92.153(a)(1)-(4) and (6); (2) the landlord is not required to install a doorknob lock or keyed dead bolt at the landlord's expense if the exterior doors meet the requirements of Section 92.153(f); (3) the landlord is not required to install a keyless bolting device at the landlord's expense on an exterior door if the landlord is expressly required or permitted to periodically check on the well-being or health of the tenant as provided by Section 92.153(e)(3); and. 92.025. Amended by Acts 1995, 74th Leg., ch. 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.". (2) in the case of a lease other than a lease described by Subdivision (1), on the last day of the month following the month in which the notice under Subsection (c)(1) is delivered. (16) "Window latch" means a device on a window that prevents the window from being opened and that is operated without a key and only from the interior. (b) The affidavit must summarize the reasons for the delay and the diligent efforts made by the landlord up to the date of the affidavit to get the repairs done. 8, eff. (d) Termination of a lease under this section is effective: (1) in the case of a lease that provides for monthly payment of rent, on the 30th day after the first date on which the next rental payment is due after the date on which the notice under Subsection (c)(1) is delivered; or. (4) "Normal wear and tear" means deterioration that results from the intended use of a dwelling, including, for the purposes of Subchapters B and D, breakage or malfunction due to age or deteriorated condition, but the term does not include deterioration that results from negligence, carelessness, accident, or abuse of the premises, equipment, or chattels by the tenant, by a member of the tenant's household, or by a guest or invitee of the tenant. 1, eff. State Reported Deaths 1982–2014 Cumulative Percent of U.S. Reported Deaths 1982–2014 Reported Deaths (Ongoing Reporting) 2015-2017* Total Reported Deaths* (Including Ongoing Reporting) TEXAS 773 6% 58 831 702 59 Amended by Acts 1987, 70th Leg., ch. 92.156. A provision of a rental application that purports to waive a right or exempt a party from a liability or duty under this subchapter is void. Sec. 576, Sec. LANDLORD REMEDY FOR TENANT VIOLATION. 576, Sec. 1, eff. The duties of a landlord and the remedies of a tenant under this subchapter are in lieu of existing common law and other statutory law warranties and duties of landlords for maintenance, repair, security, habitability, and nonretaliation, and remedies of tenants for a violation of those warranties and duties. Jan. 1, 1984. (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. 92.020. January 1, 2016. (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. 91.002 by Acts 1987, 70th Leg., ch. (c) During the term of a lease or during a renewal or extension, the landlord has a duty to inspect and repair a smoke alarm, but only if the tenant gives the landlord notice of a malfunction or requests to the landlord that the smoke alarm be inspected or repaired. WAIVER. Amended by Acts 2001, 77th Leg., ch. Information about the Texas Public Information Act is available from the Office of the Attorney General and at Texas Government Code, Chapter 552. 92.0081. 2118), Sec. (2) 48 inches from the floor, if installed on or after September 1, 1993. Added by Acts 1995, 74th Leg., ch. (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. (2) "Applicant" or "rental applicant" means a person who makes an application to a landlord for rental of a dwelling. (b) If more than one tenant is a party to the lease, not later than the third business day after the date a landlord receives a written request for a copy of a lease from a tenant who has not received a copy of the lease under Subsection (a), the landlord shall provide one complete copy of the lease to the requesting tenant. 650, Sec. 2, eff. CESSATION OF OWNER'S INTEREST. The "Back" button returns the user to Texas.gov. 882), Sec. 91.002 and amended by Acts 1989, 71st Leg., ch. (2) a tenant has notified the landlord that the tenant has used the fire extinguisher for a legitimate purpose. (4) a judgment against the tenant for reasonable attorney's fees. Acts 1983, 68th Leg., p. 3638, ch. If you are an agency who is interested in putting data on data.texas.gov, please contact txgov@dir.texas.gov. 4, eff. Now. Acts 1983, 68th Leg., p. 3633, ch. These retention requirements apply regardless of the form of the record (digital text, photos, audio, or video, for example). . January 1, 2008. 683, Sec. This information may be subject to public information requests. 576, Sec. We require that links to external websites onTexas.gov meet the following conditions in order to remain on the site: For questions and concerns regarding the linking policy, email us at txgov@dir.texas.gov, Texas.gov will use the following policies to guide the use of social media sites in accordance with the Texas Department of Information Resources (DIR) Social Media Policy. Jan. 1, 1984. 1109), Sec. 576, Sec. (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. 332, Sec. Renumbered from Property Code Sec. 1399), Sec. (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. Sept. 1, 1997. The "back" button should return the visitor to original site if the visitor wishes to back out. Official state documents! (4) establishes, attempts to establish, or participates in a tenant organization. Sec. 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. If the person disobeyed the writ before receiving the show cause order but has complied with the writ after receiving the order, the justice may find the person in contempt and assess punishment under Section 21.002(c), Government Code. The Texas State Senate is the upper chamber of the Texas State Legislature.Alongside the Texas House of Representatives, it forms the legislative branch of the Texas state government and works alongside the governor of Texas to create laws and establish a state budget. (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. 1205, Sec. POSSESSION OF FIREARMS OR FIREARM AMMUNITION ON LEASED PREMISES. Sept. 1, 1993; Acts 1995, 74th Leg., ch. Sept. 1, 2001. It features tools to search, filter, map, and visualize specific state agency data sets. January 1, 2014. 92.153. 1, eff. Sec. RESIDENTIAL TENANT'S RIGHT OF RESTORATION AFTER UNLAWFUL UTILITY DISCONNECTION. (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. (a) At the time an applicant is provided with a rental application, the landlord shall make available to the applicant printed notice of the landlord's tenant selection criteria and the grounds for which the rental application may be denied, including the applicant's: (5) failure to provide accurate or complete information on the application form. January 1, 2016. Texas.gov reserves the right to link to external websites that would provide a service to the citizen. (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. The Department of Information Resources may be required by law enforcement or judicial authorities or applicable law to provide personally identifiable information to the appropriate governmental … Sept. 1, 1999. 1186), Sec. Aug. 28, 1989. 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. (e) The landlord is entitled to a hearing on the tenant's sworn complaint for restoration of utility service. 92.254. 92.202. (7) recover court costs and attorney's fees, excluding any attorney's fees for a cause of action for damages relating to a personal injury. 2404), Sec. 1399), Sec. 629 (S.B. (C) enter or exit a vehicle on the leased premises or located in a parking area provided by the landlord for tenants or guests. Amended by Acts 1989, 71st Leg., ch. Acts 1983, 68th Leg., p. 3647, ch. Jan. 1, 1996. (b) A tenant who is a servicemember or a dependent of a servicemember may vacate the dwelling leased by the tenant and avoid liability for future rent and all other sums due under the lease for terminating the lease and vacating the dwelling before the end of the lease term if: (1) the lease was executed by or on behalf of a person who, after executing the lease or during the term of the lease, enters military service; or. Added by Acts 1989, 71st Leg., ch. 92.169. 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. Acts 2005, 79th Leg., Ch. 91.002 by Acts 1987, 70th Leg., ch. 5, eff. Sec. More. (g) A tenant's right to terminate a lease before the end of the lease term, vacate the dwelling, and avoid liability under this section may not be waived by a tenant. 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. (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. (k) A landlord may not change the locks on the door of a tenant's dwelling under Subsection (b)(3): (1) when the tenant or any other legal occupant is in the dwelling; or. Sec. Easy. 92.334. 869, Sec. 1, eff. Texas.gov will process notices of alleged infringement which it receives, and may take action as authorized by the Digital Millennium Copyright Act (DMCA) and/or other applicable intellectual property laws if it has the ability to do so. Amended by Acts 1987, 70th Leg., ch. Jan. 1, 1984. Find your polling place and find out if you are registered by visiting the VoteTexas.gov website and entering your personal voter information. What online services does Texas.gov offer? A managing or leasing agent, whether residing or maintaining an office on-site or off-site, is the agent of the landlord for purposes of notice and other communications required or permitted by this subchapter. 3101), Sec. (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. The landlord's duty of inspection and repair of smoke alarms under Subchapter F may be waived only by written agreement. Sec. 1099), 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. Take a tour of our new one-page website! LIABILITY OF LANDLORD. (a) A landlord may not require a tenant to pay for repair or replacement of a security device due to normal wear and tear. (c) A smoke alarm may be located other than as required by Subsection (a) or (b) if a local ordinance or a local or state fire marshal approves. 2.63, eff. (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. 91.002 by Acts 1987, 70th Leg., ch. (d) If there is more than one tenant on a lease, the landlord is not required under this section to send notices to the primary residence of more than one tenant. Where can I get more information about health care insurance in Texas? (4) documentation of a protective order issued under Subchapter A, Chapter 7B, Code of Criminal Procedure, except for a temporary ex parte order. LIABILITY FOR LEASING TO PERSON WITH CRIMINAL RECORD. We’ll continue to add new material, so check back often and stay safe online. (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. 200, Sec. Renumbered from Property Code Sec. (2) all other exterior doors have a keyless bolting device installed in accordance with the height, strike plate, and throw requirements of Section 92.154. 1, eff. Jan. 1, 1996. Jan. 1, 1984. (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. (c) A landlord who fails to give notice as required by this section is liable to the tenant for any expense incurred by the tenant as a result of the landlord's failure to give the notice. Only public information is permitted to be posted by Texas.gov or State employees on Texas.gov social media websites. 2, eff. Sec. 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. REMOVAL OF PROPERTY AND EXCLUSION OF RESIDENTIAL TENANT. September 1, 2011. Aug. 31, 1987. 921 (H.B. The price of the Texas.gov online services includes funds that support the ongoing operations and enhancements of Texas.gov. RECORDS. 92.264. Entities and individuals linking to Texas.gov are encouraged to verify link accuracy periodically. 5, eff. (b) The landlord may not retain any portion of a security deposit to cover normal wear and tear. For more information about the closed captioning feature on YouTube, visit: http://www.youtube.com/t/captions_about. 2, eff. 576, Sec. Since 2000, the program has securely processed 254 million+ online transactions worth $33 billion+ on behalf of our government entities. (k) If a tenant in bad faith files a sworn complaint for reentry resulting in a writ of reentry being served on the landlord or landlord's agent, the landlord may in a separate cause of action recover from the tenant an amount equal to actual damages, one month's rent or $500, whichever is greater, reasonable attorney's fees, and costs of court, less any sums for which the landlord is liable to the tenant. (d) The tenant's notice under Subsection (a) must be in writing only if the tenant's lease is in writing and requires written notice. Amended by Acts 1993, 73rd Leg., ch. NOTICE REGARDING VEHICLE TOWING OR PARKING RULES OR POLICIES. 13, eff. 92.167. Acts 2017, 85th Leg., R.S., Ch. ATTORNEY'S FEES. Acts 1983, 68th Leg., p. 3653, ch. Acts 2017, 85th Leg., R.S., Ch. BURDEN OF PROOF. Take a few minutes to complete our 10 question survey. All open data and high-value data sets submitted by state agencies per Senate Bill 279 (83R) are available on Texas.gov here. 92.2611. (2) knows or has reason to know that the requirements of the subsection granting the exemption are not fulfilled. 10, eff. Sec. A tenant's request or notice under this subchapter may be given orally unless the tenant has a written lease that requires the request or notice to be in writing and that requirement is underlined or in boldfaced print in the lease.

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