(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. 2, eff. Section 511. 826, Sec. LIABILITY FOR LEASING TO PERSON WITH CRIMINAL RECORD. (6) the tenant was not delinquent in the payment of rent at the time any notice required by this subsection was given. Sept. 1, 1993. Aug. 28, 1995. (b) A landlord may not intentionally prevent a tenant from entering the leased premises except by judicial process unless the exclusion results from: (1) bona fide repairs, construction, or an emergency; (2) removing the contents of premises abandoned by a tenant; or. Sec. 2, eff. 576, Sec. (B) a doorknob lock that contains a bolt with at least a one-inch throw. Added by Acts 2021, 87th Leg., R.S., Ch. 917 (H.B. 257 (H.B. (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. 3167), Sec. 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. (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. In an eviction suit, retaliation by the landlord under Section 92.331 is a defense and a rent deduction lawfully made by the tenant under this chapter is a defense for nonpayment of the rent to the extent allowed by this chapter. For purposes of this subsection, a pay stub or other statement of earnings issued by the tenant's employer is sufficient verification. (b) If at the time a lease agreement is executed a landlord has vehicle towing or parking rules or policies that apply to the tenant, the landlord shall provide to the tenant a copy of the rules or policies before the lease agreement is executed. January 1, 2006. 475, Sec. 1, eff. Sept. 1, 2001. (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. 600 (H.B. (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. 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. 92.202. (3) "Co-applicant" means a person who makes an application for rental of a dwelling with other applicants and who plans to live in the dwelling with other applicants. January 1, 2016. Sec. (4) the landlord, at the same time the service is interrupted, hand delivers or places on the tenant's front door a written notice that: (A) prominently displays the words "electricity termination notice" or similar language underlined or in bold; and. (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. Sec. Sept. 1, 1989. Sec. (2) actual expenses incurred by the landlord in securing the replacement, including a reasonable amount for the time of the landlord in securing the replacement tenant. (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. Amended by Acts 1995, 74th Leg., ch. Jan. 1, 1984. 1, eff. 92.105. Added by Acts 1997, 75th Leg., ch. (k) If the landlord repairs or remedies the condition or delivers an affidavit for delay under Section 92.0562 to the tenant after the tenant has contacted a repairman but before the repairman commences work, the landlord shall be liable for the cost incurred by the tenant for the repairman's trip charge, and the tenant may deduct the charge from the tenant's rent as if it were a repair cost. Added by Acts 1995, 74th Leg., ch. (b) A late fee under this section may include an initial fee and a daily fee for each day any portion of the tenant's rent continues to remain unpaid, and the combined fees are considered a single late fee for purposes of this section. Acts 2017, 85th Leg., R.S., Ch. (2) exempt any party from a liability or a duty under this section. 1, eff. (b) A provision of a lease that purports to waive a right or to exempt a landlord from a liability or duty under this section is void. HEIGHT REQUIREMENTS--SLIDING DOOR SECURITY DEVICES. 1051 (H.B. (b) A provision of a lease that purports to waive a right or to exempt a landlord from a liability or duty under this section is void. INSTALLATION PROCEDURE. (i) For purposes of Subsections (c) and (c-1), a tenant who is a parent or guardian of a victim described by those subsections must reside with the victim to exercise the rights established by this section. (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. Jan. 1, 1984. DISCLOSURE OF OWNERSHIP AND MANAGEMENT. September 1, 2017. LANDLORD'S DEFENSES RELATING TO COMPLIANCE WITH TENANT'S REQUEST. Sept. 1, 1997. (d) The writ of reentry must be served on either the landlord or the landlord's management company, on-premises manager, or rent collector in the same manner as a writ of possession in a forcible detainer action. COMPLIANCE WITH TENANT REQUEST REQUIRED WITHIN REASONABLE TIME. Added by Acts 1989, 71st Leg., ch. 10, eff. (b) If the tenant or the tenant's invited guest removes, misuses, damages, or otherwise disables a fire extinguisher: (1) the landlord is not required to repair or replace the fire extinguisher at the landlord's expense; and. Aug. 28, 1989; Acts 1997, 75th Leg., ch. Sec. TENANT'S DISABLING OF A SMOKE ALARM. (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. 1) Negotiate with your landlord 1, eff. 1205, Sec. REMOVAL OF PROPERTY AND EXCLUSION OF RESIDENTIAL TENANT. 1, eff. (c) Repealed by Acts 2009, 81st Leg., R.S., Ch. (f) Except as provided by Subsection (g), this section does not affect a tenant's liability for delinquent, unpaid rent or other sums owed to the landlord before the lease was terminated by the tenant under this section. 601 (H.B. (b) If a smoke alarm powered by battery has been installed in a dwelling unit built before September 1, 1987, in compliance with this subchapter and local ordinances, a local ordinance may not require that a smoke alarm powered by alternating current be installed in the unit unless: (1) the interior of the unit is repaired, remodeled, or rebuilt at a projected cost of more than $5,000 and: (A) the repair, remodeling, or rebuilding requires a municipal building permit; and, (i) the repair, remodeling, or rebuilding results in the removal of interior walls or ceiling finishes exposing the structure; or. Jan. 1, 1984. Acts 2011, 82nd Leg., R.S., Ch. Amended by Acts 1993, 73rd Leg., ch. (f) A landlord who violates this section is liable to the tenant for actual damages, a civil penalty equal to the amount of one month's rent plus $500, and attorney's fees. 92.203. 4, eff. 3, eff. (a) Except as provided by Subsection (b), the maximum number of adults that a landlord may allow to occupy a dwelling is three times the number of bedrooms in the dwelling. (b) The tenant shall notify the landlord in writing of any change in the tenant's primary residence address. 917 (H.B. 650, Sec. 1488), Sec. 92.333 by Acts 1997, 75th Leg., ch. Sec. 305, Sec. 92.255. Sec. 48, Sec. Acts 1983, 68th Leg., p. 3632, ch. LANDLORD'S DEFENSES RELATING TO INSTALLING OR REKEYING CERTAIN SECURITY DEVICES. (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. 9, eff. 1862), 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. Sec. (4) The tenant's judicial remedies under Section 92.0563 shall be limited to recovery against the landlord to whom the tenant gave the required notices until the tenant has given the new landlord the notices required by this section and otherwise complied with Section 92.056 as to the new landlord. Code 91.006, a landlord must make reasonable efforts to re-rent their unit instead of charging the tenant for the total remaining rent due under the lease. January 1, 2008. RESIDENTIAL TENANT'S RIGHT OF REENTRY AFTER UNLAWFUL LOCKOUT. Amended by Acts 1989, 71st Leg., ch. Sept. 1, 1995; Acts 1995, 74th Leg., ch. REPAIR OR CLOSING OF LEASEHOLD. (2) payable at the time each rent payment is due during the lease. (f) A keyless bolting device is not required to be installed at the landlord's expense if a tenant or occupant in the dwelling is over 55 years of age or has a physical or mental disability, the tenant requests, in writing, that the landlord deactivate or not install the keyless bolting device, and the tenant certifies in the request that the tenant or occupant is over 55 years of age or has a physical or mental disability. CONDITIONS FOR RETENTION OF SECURITY DEPOSIT OR RENT PREPAYMENT. Jan. 1, 1984. The tenant will have to give proper written notice and pay a fee. (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. (b) If the landlord does not provide a written explanation for delay in performing a duty to repair or remedy on or before the fifth day after receiving from the tenant a written demand for an explanation, the landlord has the burden of proving that he made a diligent effort to repair and that a reasonable time for repair did not elapse. PRESUMPTION OF REFUND OR ACCOUNTING. 576, Sec. (o) A landlord may not interrupt or cause the interruption of electric service under Subsection (h) for any of the following reasons: (1) a delinquency in payment for electric service furnished to a previous tenant; (2) failure to pay non-electric bills, rent, or other fees; (3) failure to pay electric bills that are six or more months delinquent; or. (d) A customer is not required to provide the notices described by this section if the customer avoids the disconnection by paying the bill. 92.103. A repair bill and receipt may be the same document.
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