PROPERTY CODE
CHAPTER 92. RESIDENTIAL TENANCIES
SUBCHAPTER A. GENERAL PROVISIONS
§ 92.001. DEFINITIONS. 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.
(2) "Landlord" means the owner, lessor, or sublessor
of a dwelling, but does not include a manager or agent of the
landlord unless the manager or agent purports to be the owner,
lessor, or sublessor in an oral or written lease.
(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.
(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.
(5) "Premises" means a tenant's rental unit, any area
or facility the lease authorizes the tenant to use, and the
appurtenances, grounds, and facilities held out for the use of
tenants generally.
(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.
Acts 1983, 68th Leg., p. 3630, ch. 576, § 1, eff. Jan. 1, 1984.
Amended by Acts 1993, 73rd Leg., ch. 48, § 12, eff. Sept. 1,
1993; Acts 1993, 73rd Leg., ch. 357, § 1, eff. Sept. 1, 1993.
§ 92.002. APPLICATION. This chapter applies only to the
relationship between landlords and tenants of residential rental
property.
Acts 1983, 68th Leg., p. 3631, ch. 576, § 1, eff. Jan. 1, 1984.
§ 92.003. LANDLORD'S AGENT FOR SERVICE OF
PROCESS. (a) In a lawsuit by a tenant under either a written or
oral lease for a dwelling or in a suit to enforce a legal obligation
of the owner as landlord of the dwelling, the owner's agent for
service of process is determined according to this section.
(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.
(c) If Subsection (b) does not apply, the owner's management
company, on-premise manager, or rent collector serving the dwelling
is the owner's authorized agent for service of process unless the
owner's name and business street address have been furnished in
writing to the tenant.
Acts 1983, 68th Leg., p. 3631, ch. 576, § 1, eff. Jan. 1, 1984.
§ 92.004. HARASSMENT. A party who files or prosecutes a
suit under Subchapter B, D, E, or F in bad faith or for purposes of
harassment is liable to the defendant for one month's rent plus $100
and for attorney's fees.
Acts 1983, 68th Leg., p. 3631, ch. 576, § 1, eff. Jan. 1, 1984.
§ 92.005. ATTORNEY'S FEES. (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.
(b) This section does not authorize a recovery of attorney's
fees in an action brought under Subchapter E or F for damages that
relate to or arise from property damage, personal injury, or a
criminal act.
Acts 1983, 68th Leg., p. 3631, ch. 576, § 1, eff. Jan. 1, 1984.
Amended by Acts 1993, 73rd Leg., ch. 357, § 2, eff. Sept. 1,
1993; Acts 1999, 76th Leg., ch. 1439, § 2, eff. Sept. 1, 1999.
§ 92.006. WAIVER OR EXPANSION OF DUTIES AND
REMEDIES. (a) A landlord's duty or a tenant's remedy concerning
security deposits, security devices, the landlord's disclosure of
ownership and management, or utility cutoffs, as provided by
Subchapter C, D, E, or G, respectively, may not be waived. A
landlord's duty to install a smoke detector 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. The landlord's duty of inspection and repair of smoke
detectors under Subchapter F may be waived only by written
agreement.
(b) A landlord's duties and the tenant's remedies concerning
security devices, the landlord's disclosure of ownership and
management, or smoke detectors, as provided by Subchapter D, E, or
F, respectively, may be enlarged only by specific written
agreement.
(c) A landlord's duties and the tenant's remedies under
Subchapter B, which covers conditions materially affecting the
physical health or safety of the ordinary tenant, may not be waived
except as provided in Subsections (d), (e), and (f) of this section.
(d) A landlord and a tenant may agree for the tenant to
repair or remedy, at the landlord's expense, any condition covered
by Subchapter B.
(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
(4)(A) the lease is in writing;
(B) the agreement for repairs by the tenant is
either underlined or printed in boldface in the lease or in a
separate written addendum;
(C) the agreement is specific and clear; and
(D) the agreement is made knowingly,
voluntarily, and for consideration.
(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
(3) damage from windows or doors left open.
This subsection shall not affect the landlord's duty under
Subchapter B to repair or remedy, at the landlord's expense,
wastewater stoppages or backups caused by deterioration, breakage,
roots, ground conditions, faulty construction, or malfunctioning
equipment. A landlord and tenant may agree to the provisions of
this subsection only if the agreement meets the requirements of
Subdivision (4) of Subsection (e) of this section.
Acts 1983, 68th Leg., p. 3631, ch. 576, § 1, eff. Jan. 1, 1984.
Amended by Acts 1989, 71st Leg., ch. 650, § 1, eff. Aug. 28,
1989.
§ 92.007. VENUE. Venue for an action under this chapter
is governed by Section 15.0115, Civil Practice and Remedies Code.
Acts 1983, 68th Leg., p. 3632, ch. 576, § 1, eff. Jan. 1, 1984.
Amended by Acts 1989, 71st Leg., ch. 332, § 1, eff. Sept. 1,
1989; Acts 1989, 71st Leg., ch. 650, § 2, eff. Aug. 28, 1989;
Acts 1993, 73rd Leg., ch. 48, § 13, eff. Sept. 1, 1993; Acts
1995, 74th Leg., ch. 138, § 9, eff. Aug. 28, 1995.
§ 92.008. INTERRUPTION OF UTILITIES. (a) A landlord
or a landlord's agent may not interrupt or cause the interruption of
utility service paid for directly to the utility company by a tenant
unless the interruption results from bona fide repairs,
construction, or an emergency.
(b) Except as provided by Subsections (c) and (d), a
landlord may not interrupt or cause the interruption of water,
wastewater, gas, or electric service furnished to a tenant by the
landlord as an incident of the tenancy or by other agreement unless
the interruption results from bona fide repairs, construction, or
an emergency.
(c) A landlord may interrupt or cause the interruption of
electrical service furnished to a tenant by the landlord as an
incident of the tenancy or by other agreement if:
(1) the electrical service furnished to the tenant is
individually metered or submetered for the dwelling unit;
(2) the electrical service connection with the utility
company is in the name of the landlord or the landlord's agent; and
(3) the landlord complies with the rules adopted by
the Public Utility Commission of Texas for discontinuance of
submetered electrical service.
(d) A landlord may interrupt or cause the interruption of
electrical service furnished to a tenant by the landlord as an
incident of the tenancy or by other agreement if:
(1) the electrical service furnished to the tenant is
not individually metered or submetered for the dwelling unit;
(2) the electrical service connection with the utility
company is in the name of the landlord or the landlord's agent;
(3) the tenant is at least seven days late in paying
the rent;
(4) the landlord has mailed or hand-delivered to the
tenant at least five days before the date the electrical service is
interrupted a written notice that states:
(A) the earliest date of the proposed
interruption of electrical service;
(B) the amount of rent the tenant must pay to
avert the interruption; and
(C) the name and location of the individual to
whom or the location of the on-site management office where the
delinquent rent may be paid during the landlord's normal business
hours;
(5) the interruption does not begin before or after
the landlord's normal business hours; and
(6) the interruption does not begin on a day, or on a
day immediately preceding a day, when the landlord or other
designated individual is not available or the on-site management
office is not open to accept rent and restore electrical service.
(e) A landlord who interrupts electrical service under
Subsection (c) or (d) shall restore the service not later than two
hours after the time the tenant tenders, during the landlord's
normal business hours, payment of the delinquent electric bill or
rent owed to the landlord.
(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
(2) recover from the landlord an amount equal to the
sum of the tenant's actual damages, one month's rent or $500,
whichever is greater, reasonable attorney's fees, and court costs,
less any delinquent rents or other sums for which the tenant is
liable to the landlord.
(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.
Acts 1983, 68th Leg., p. 3632, ch. 576, § 1, eff. Jan. 1, 1984.
Amended by Acts 1985, 69th Leg., ch. 200, § 4, eff. Aug. 26,
1985. Renumbered from § 91.002 by Acts 1987, 70th Leg., ch. 683,
§ 2, eff. Aug. 31, 1987. Amended as § 91.002 by Acts 1987,
70th Leg., ch. 826, § 1, eff. Aug. 31, 1987. Renumbered from
§ 91.002 and amended by Acts 1989, 71st Leg., ch. 689, § 1, 3,
eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 869, §
1, eff. Jan. 1, 1996; Acts 1995, 74th Leg., ch. 952, § 1, eff.
Sept. 1, 1995.
§ 92.0081. REMOVAL OF PROPERTY AND EXCLUSION OF
RESIDENTIAL TENANT. (a) A landlord may not remove a door, window,
or attic hatchway cover or a lock, latch, hinge, hinge pin,
doorknob, or other mechanism connected to a door, window, or attic
hatchway cover from premises leased to a tenant or remove
furniture, fixtures, or appliances furnished by the landlord from
premises leased to a tenant unless the landlord removes the item for
a bona fide repair or replacement. 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.
(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
(3) changing the door locks of a tenant who is
delinquent in paying at least part of the rent.
(c) If a landlord or a landlord's agent changes the door
lock of a tenant who is delinquent in paying rent, the landlord or
the landlord's agent must place a written notice on the tenant's
front door stating:
(1) an on-site location where the tenant may go 24
hours a day to obtain the new key or a telephone number that is
answered 24 hours a day that the tenant may call to have a key
delivered within two hours after calling the number;
(2) the fact that the landlord must provide the new key
to the tenant at any hour, regardless of whether or not the tenant
pays any of the delinquent rent; and
(3) the amount of rent and other charges for which the
tenant is delinquent.
(d) A landlord may not intentionally prevent a tenant from
entering the leased premises under Subsection (b)(3) unless:
(1) the tenant is delinquent in paying all or part of
the rent; and
(2) the landlord has locally mailed not later than the
fifth calendar day before the date on which the door locks are
changed or hand-delivered to the tenant or posted on the inside of
the main entry door of the tenant's dwelling not later than the
third calendar day before the date on which the door locks are
changed a written notice stating:
(A) the earliest date that the landlord proposes
to change the door locks;
(B) the amount of rent the tenant must pay to
prevent changing of the door locks; and
(C) the name and street address of the individual
to whom, or the location of the on-site management office at which,
the delinquent rent may be paid during the landlord's normal
business hours.
(e) A landlord may not change the locks on the door of a
tenant's dwelling under Subsection (b)(3) on a day, or on a day
immediately before a day, on which the landlord or other designated
individual is not available, or on which any on-site management
office is not open, for the tenant to tender the delinquent rent.
(f) A landlord who intentionally prevents a tenant from
entering the tenant's dwelling under Subsection (b)(3) must provide
the tenant with a key to the changed lock on the dwelling without
regard to whether the tenant pays the delinquent rent.
(g) If a landlord arrives at the dwelling in a timely manner
in response to a tenant's telephone call to the number contained in
the notice as described by Subsection (c)(1) and the tenant is not
present to receive the key to the changed lock, the landlord shall
leave a notice on the front door of the dwelling stating the time
the landlord arrived with the key and the street address to which
the tenant may go to obtain the key during the landlord's normal
office hours.
(h) If a landlord violates this section, the tenant may:
(1) either recover possession of the premises or
terminate the lease; and
(2) recover from the landlord a civil penalty of one
month's rent plus $500, 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.
(i) If a landlord violates Subsection (f), the tenant may
recover, in addition to the remedies provided by Subsection (h), an
additional civil penalty of one month's rent.
(j) 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.
Acts 1983, 68th Leg., p. 3632, ch. 576, § 1, eff. Jan. 1, 1984.
Amended by Acts 1985, 69th Leg., ch. 200, § 4, eff. Aug. 26,
1985. Renumbered from § 91.002 by Acts 1987, 70th Leg., ch. 683,
§ 2, eff. Aug. 31, 1987. Amended as § 91.002 by Acts 1987,
70th Leg., ch. 826, § 1, eff. Aug. 31, 1987. Renumbered from
§ 91.002 and amended by Acts 1989, 71st Leg., ch. 689, § 1, 3,
eff. Sept. 1, 1989. Redesignated from V.T.C.A., Property Code §
92.008(b) to (f) and amended by Acts 1995, 74th Leg., ch. 869, §
1, eff. Jan. 1, 1996; Acts 1995, 74th Leg., ch. 952, § 1, Sept.
1, 1995.
§ 92.009. RESIDENTIAL TENANT'S RIGHT OF REENTRY AFTER
UNLAWFUL LOCKOUT. (a) If a landlord has locked a tenant out of
leased premises in violation of Section 92.008, the tenant may
recover possession of the premises as provided by this section.
(b) The tenant must file with the justice court in the
precinct in which the rental premises are located a sworn complaint
for reentry, specifying the facts of the alleged unlawful lockout
by the landlord or the landlord's agent. The tenant must also state
orally under oath to the justice the facts of the alleged unlawful
lockout.
(c) If the tenant has complied with Subsection (b) and if
the justice reasonably believes an unlawful lockout has likely
occurred, the justice may issue, ex parte, a writ of reentry that
entitles the tenant to immediate and temporary possession of the
premises, pending a final hearing on the tenant's sworn complaint
for reentry.
(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. A sheriff or constable
may use reasonable force in executing a writ of reentry under this
section.
(e) The landlord is entitled to a hearing on the tenant's
sworn complaint for reentry. The writ of reentry must notify the
landlord of the right to a hearing. 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.
(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.
(g) A party may appeal from the court's judgment at the
hearing on the sworn complaint for reentry in the same manner as a
party may appeal a judgment in a forcible detainer suit.
(h) If a writ of possession is issued, it supersedes a writ
of reentry.
(i) If the landlord or the person on whom a writ of reentry
is served fails to immediately comply with the writ or later
disobeys the writ, the failure is grounds for contempt of court
against the landlord or the person on whom the writ was served,
under Section 21.002, Government Code. 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. 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 he
should not be adjudged in contempt of court. If the justice finds,
after considering the evidence at the hearing, that the person has
directly or indirectly disobeyed the writ, the justice may commit
the person to jail without bail until the person purges himself of
the contempt in a manner and form as the justice may direct. 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.
(j) This section does not affect a tenant's right to pursue
a separate cause of action under Section 92.008.
(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.
(l) The fee for filing a sworn complaint for reentry is the
same as that for filing a civil action in justice court. The fee for
service of a writ of reentry is the same as that for service of a
writ of possession. The fee for service of a show cause order is the
same as that for service of a civil citation. The justice may defer
payment of the tenant's filing fees and service costs for the sworn
complaint for reentry and writ of reentry. Court costs may be
waived only if the tenant executes a pauper's affidavit.
(m) This section does not affect the rights of a landlord or
tenant in a forcible detainer or forcible entry and detainer
action.
Added by Acts 1989, 71st Leg., ch. 687, § 1, eff. Sept. 1, 1989.
Amended by Acts 1997, 75th Leg., ch. 1205, § 9, eff. Sept. 1,
1997.
§ 92.010. OCCUPANCY LIMITS. (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) 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
(2) if an adult whose occupancy causes a violation of
Subsection (a) is seeking temporary sanctuary from family violence,
as defined by Section 71. 004, Family Code, for a period that does
not exceed one month.
(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. A party who prevails in a suit under this subsection may
recover court costs and reasonable attorney's fees from the other
party. 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.
(d) In this section:
(1) "Adult" means an individual 18 years of age or
older.
(2) "Bedroom" means an area of a dwelling intended as
sleeping quarters. The term does not include a kitchen, dining
room, bathroom, living room, utility room, or closet or storage
area of a dwelling.
Added by Acts 1993, 73rd Leg., ch. 937, § 1, eff. Sept. 1, 1993.
Amended by Acts 2003, 78th Leg., ch. 1276, § 7.002(o), eff. Sept.
1, 2003.
§ 92.011. CASH RENTAL PAYMENTS. (a) A landlord shall
accept a tenant's timely cash rental payment unless a written lease
between the landlord and tenant requires the tenant to make rental
payments by check, money order, or other traceable or negotiable
instrument.
(b) A landlord who receives a cash rental payment shall:
(1) provide the tenant with a written receipt; and
(2) enter the payment date and amount in a record book
maintained by the landlord.
(c) A tenant or a governmental entity or civic association
acting on the tenant's behalf may file suit against a landlord to
enjoin a violation of this section. A party who prevails in a suit
brought under this subsection may recover court costs and
reasonable attorney's fees from the other party. 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.
Added by Acts 1993, 73rd Leg., ch. 938, § 1, eff. Sept. 1, 1993.
Renumbered from V.T.C.A., Property Code § 92.010 by Acts 1995,
74th Leg., ch. 76, § 17.01(44), eff. Sept. 1, 1995.
§ 92.012. NOTICE TO TENANT AT PRIMARY
RESIDENCE. (a) If, at the time of signing a lease or lease
renewal, a tenant gives written notice to the tenant's landlord
that the tenant does not occupy the leased premises as a primary
residence and requests in writing that the landlord send notices to
the tenant at the tenant's primary residence and provides to the
landlord the address of the tenant's primary residence, the
landlord shall mail to the tenant's primary residence:
(1) all notices of lease violations;
(2) all notices of lease termination;
(3) all notices of rental increases at the end of the
lease term; and
(4) all notices to vacate.
(b) The tenant shall notify the landlord in writing of any
change in the tenant's primary residence address. Oral notices of
change are insufficient.
(c) A notice to a tenant's primary residence under
Subsection (a) may be sent by regular United States mail and shall
be considered as having been given on the date of postmark of the
notice.
(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.
(e) This section does not apply if notice is actually hand
delivered to and received by a person occupying the leased
premises.
Added by Acts 1997, 75th Leg., ch. 1205, § 10, eff. Sept. 1,
1997.
§ 92.013. NOTICE OF RULE OR POLICY CHANGE AFFECTING
TENANT'S PERSONAL PROPERTY. (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, including any change in vehicle
towing rules or policies.
(b) The notice must be given in person or by mail to the
affected tenant. Notice in person may be by personal delivery to
the tenant or any person residing at the tenant's dwelling who is 16
years of age or older or by personal delivery to the tenant's
dwelling and affixing the notice to the inside of the main entry
door. Notice by mail may be by regular mail, by registered mail, or
by certified mail, return receipt requested. If the dwelling has no
mailbox and has a keyless bolting device, alarm system, or
dangerous animal that prevents the landlord from entering the
premises to leave the notice on the inside of the main entry door,
the landlord may securely affix the notice on the outside of the
main entry door.
(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.
Added by Acts 1999, 76th Leg., ch. 942, § 1, eff. Sept. 1, 1999.
§ 92.014. PERSONAL PROPERTY AND SECURITY DEPOSIT OF
DECEASED TENANT. (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
(2) sign a statement authorizing the landlord in the
event of the tenant's death to:
(A) grant to the person designated under
Subdivision (1) access to the premises at a reasonable time and in
the presence of the landlord or the landlord's agent;
(B) allow the person designated under
Subdivision (1) to remove any of the tenant's property found at the
leased premises; and
(C) refund the tenant's security deposit, less
lawful deductions, to the person designated under Subdivision (1).
(b) A tenant may, without request from the landlord, provide
the landlord with the information in Subsection (a).
(c) Except as provided in Subsection (d), in the event of
the death of a tenant who is the sole occupant of a rental dwelling:
(1) the landlord may remove and store all property
found in the tenant's leased premises;
(2) the landlord shall turn over possession of the
property to the person who was designated by the tenant under
Subsection (a) or (b) or to any other person lawfully entitled to
the property if the request is made prior to the property being
discarded under Subdivision (5);
(3) the landlord shall refund the tenant's security
deposit, less lawful deductions, including the cost of removing and
storing the property, to the person designated under Subsection (a)
or (b) or to any other person lawfully entitled to the refund;
(4) the landlord may require any person who removes
the property from the tenant's leased premises to sign an inventory
of the property being removed; 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
(C) the landlord, prior to the date of discarding
the property, has not been contacted by anyone claiming the
property.
(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.
(e) If a tenant, after being furnished with a copy of this
subchapter, knowingly violates Subsection (a), the landlord shall
have no responsibility after the tenant's death for removal,
storage, disappearance, damage, or disposition of property in the
tenant's leased premises.
(f) If a landlord, after being furnished with a copy of this
subchapter, knowingly violates Subsection (c), the landlord shall
be liable to the estate of the deceased tenant for actual damages.
Added by Acts 1999, 76th Leg., ch. 1439, § 1, eff. Sept. 1, 1999.
Renumbered from § 92.013 by Acts 2001, 77th Leg., ch. 1420, §
21.001(97), eff. Sept. 1, 2001.
§ 92.015. TENANT'S RIGHT TO SUMMON POLICE OR EMERGENCY
ASSISTANCE. (a) A landlord may not:
(1) prohibit or limit a residential tenant's right to
summon police or other emergency assistance in response to family
violence; or
(2) impose monetary or other penalties on a tenant who
summons police or emergency assistance in response to family
violence.
(b) A provision in a lease is void if the provision purports
to:
(1) waive a tenant's right to summon police or other
emergency assistance in response to family violence; or
(2) exempt any party from a liability or a duty under
this section.
(c) In addition to other remedies provided by law, if a
landlord violates this section, a tenant is entitled to recover
from or against the landlord:
(1) a civil penalty in an amount equal to one month's
rent;
(2) actual damages suffered by the tenant as a result
of the landlord's violation of this section;
(3) court costs;
(4) injunctive relief; and
(5) reasonable attorney's fees incurred by the tenant
in seeking enforcement of this section.
(d) For purposes of this section, if a tenant's rent is
subsidized in whole or in part by a governmental entity, "one
month's rent" means one month's fair market rent.
(e) For purposes of this section, "family violence" has the
meaning assigned by Section 71.004, Family Code.
Added by Acts 2003, 78th Leg., ch. 794, § 1, eff. June 20, 2003.
SUBCHAPTER B. REPAIR OR CLOSING OF LEASEHOLD
§ 92.051. APPLICATION. This subchapter applies to a
lease executed, entered into, renewed, or extended on or after
September 1, 1979.
Acts 1983, 68th Leg., p. 3632, ch. 576, § 1, eff. Jan. 1, 1984.
§ 92.052. LANDLORD'S DUTY TO REPAIR OR REMEDY. (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
(3) the condition materially affects the physical
health or safety of an ordinary tenant.
(b) Unless the condition was caused by normal wear and tear,
the landlord does not have a duty during the lease term or a renewal
or extension to repair or remedy a condition caused by:
(1) the tenant;
(2) a lawful occupant in the tenant's dwelling;
(3) a member of the tenant's family; or
(4) a guest or invitee of the tenant.
(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
(2) to furnish security guards.
(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.
Acts 1983, 68th Leg., p. 3632, ch. 576, § 1, eff. Jan. 1, 1984.
Amended by Acts 1989, 71st Leg., ch. 650, § 3, eff. Aug. 28,
1989; Acts 1993, 73rd Leg., ch. 48, § 14, eff. Sept. 1, 1993.
§ 92.053. BURDEN OF PROOF. (a) Except as provided by
this section, the tenant has the burden of proof in a judicial
action to enforce a right resulting from the landlord's failure to
repair or remedy a condition under Section 92.052.
(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.
Acts 1983, 68th Leg., p. 3633, ch. 576, § 1, eff. Jan. 1, 1984.
§ 92.054. CASUALTY LOSS. (a) If a condition results
from an insured casualty loss, such as fire, smoke, hail,
explosion, or a similar cause, the period for repair does not begin
until the landlord receives the insurance proceeds.
(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. If the lease is terminated, the tenant is entitled
only to a pro rata refund of rent from the date the tenant moves out
and to a refund of any security deposit otherwise required by law.
(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. A
landlord and tenant may agree otherwise in a written lease.
Acts 1983, 68th Leg., p. 3633, ch. 576, § 1, eff. Jan. 1, 1984.
Amended by Acts 1993, 73rd Leg., ch. 48, § 15, eff. Sept. 1,
1993.
§ 92.055. CLOSING THE RENTAL PREMISES. (a) A landlord
may close a rental unit at any time by giving written notice by
certified mail, return receipt requested, to the tenant and to the
local health officer and local building inspector, if any, stating
that:
(1) the landlord is terminating the tenancy as soon as
legally possible; and
(2) after the tenant moves out the landlord will
either immediately demolish the rental unit or no longer use the
unit for residential purposes.
(b) After a tenant receives the notice and moves out:
(1) the local health officer or building inspector may
not allow occupancy of or utility service by separate meter to the
rental unit until the officer certifies that he knows of no
condition that materially affects the physical health or safety of
an ordinary tenant; and
(2) the landlord may not allow reoccupancy or
reconnection of utilities by separate meter within six months after
the date the tenant moves out.
(c) If the landlord gives the tenant the notice closing the
rental unit:
(1) before the tenant gives a repair notice to the
landlord, the remedies of this subchapter do not apply;
(2) after the tenant gives a repair notice to the
landlord but before 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; or
(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.
(d) If the landlord closes the rental unit after the tenant
gives the landlord a notice to repair and the tenant moves out on or
before the end of the rental term, the landlord must pay the
tenant's actual and reasonable moving expenses, refund a pro rata
portion of the tenant's rent from the date the tenant moves out,
and, if otherwise required by law, return the tenant's security
deposit.
(e) A landlord who violates Subsection (b) or (d) is liable
to the tenant for an amount equal to the total of one month's rent
plus $100 and attorney's fees.
(f) The closing of a rental unit does not prohibit the
occupancy of other apartments, nor does this subchapter prohibit
occupancy of or utility service by master or individual meter to
other rental units in an apartment complex that have not been closed
under this section. If another provision of this subchapter
conflicts with this section, this section controls.
Acts 1983, 68th Leg., p. 3634, ch. 576, § 1, eff. Jan. 1, 1984.
Amended by Acts 1989, 71st Leg., ch. 650, § 4, eff. Aug. 28,
1989.
§ 92.056. LANDLORD LIABILITY AND TENANT REMEDIES;
NOTICE AND TIME FOR REPAIR. (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.
(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, or by registered mail;
(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
(6) the tenant was not delinquent in the payment of
rent at the time any notice required by this subsection was given.
(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.
(d) For purposes of Subsection (b)(3) or (4), in determining
whether a period of time is a reasonable time to repair or remedy a
condition, there is a rebuttable presumption that seven days is a
reasonable time. 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) Except as provided in Subsection (f), a tenant to whom a
landlord is liable under Subsection (b) of this section may:
(1) terminate the lease;
(2) have the condition repaired or remedied according
to Section 92.0561;
(3) deduct from the tenant's rent, without necessity
of judicial action, the cost of the repair or remedy according to
Section 92.0561; and
(4) obtain judicial remedies according to Section
92.0563.
(f) A tenant who elects to terminate the lease under
Subsection (e) is:
(1) entitled to a pro rata refund of rent from the date
of termination or the date the tenant moves out, whichever is later;
(2) entitled to deduct the tenant's security deposit
from the tenant's rent without necessity of lawsuit or obtain a
refund of the tenant's security deposit according to law; and
(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.
Acts 1983, 68th Leg., p. 3635, ch. 576, § 1, eff. Jan. 1, 1984.
Amended by Acts 1989, 71st Leg., ch. 650, § 5, eff. Aug. 28,
1989; Acts 1997, 75th Leg., ch. 1205, § 11, eff. Jan. 1, 1998.
§ 92.0561. TENANT'S REPAIR AND DEDUCT
REMEDIES. (a) If the landlord is liable to the tenant under
Section 92.056(b), the tenant may have the condition repaired or
remedied and may deduct the cost from a subsequent rent payment as
provided in this section.
(b) The tenant's deduction for the cost of the repair or
remedy may not exceed the amount of one month's rent under the lease
or $500, whichever is greater. However, if the tenant's rent is
subsidized in whole or in part by a governmental agency, the
deduction limitation of one month's rent shall mean the fair market
rent for the dwelling and not the rent that the tenant pays. 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.
(c) Repairs and deductions under this section may be made as
often as necessary so long as the total repairs and deductions in
any one month do not exceed one month's rent or $500, whichever is
greater.
(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.
(2) The tenant has given notice to the landlord as
required by Section 92.056(b)(1), and, if required, a subsequent
notice under Section 92.056(b)(3), and at least one of those
notices states that the tenant intends to repair or remedy the
condition. The notice shall also contain a reasonable description
of the intended repair or remedy.
(3) Any one of the following events has occurred:
(A) The landlord has failed to remedy the backup
or overflow of raw sewage inside the tenant's dwelling or the
flooding from broken pipes or natural drainage inside the dwelling.
(B) The landlord has expressly or impliedly
agreed in the lease to furnish potable water to the tenant's
dwelling and the water service to the dwelling has totally ceased.
(C) The landlord has expressly or impliedly
agreed in the lease to furnish heating or cooling equipment; the
equipment is producing inadequate heat or cooled air; and the
landlord has been notified in writing by the appropriate local
housing, building, or health official or other official having
jurisdiction that the lack of heat or cooling materially affects
the health or safety of an ordinary tenant.
(D) The landlord has been notified in writing by
the appropriate local housing, building, or health official or
other official having jurisdiction that the condition materially
affects the health or safety of an ordinary tenant.
(e) If the requirements of Subsection (d) of this section
are met, a tenant may:
(1) have the condition repaired or remedied
immediately following the tenant's notice of intent to repair if
the condition involves sewage or flooding as referred to in
Paragraph (A) of Subdivision (3) of Subsection (d) of this section;
(2) have the condition repaired or remedied if the
condition involves a cessation of potable water as referred to in
Paragraph (A) of Subdivision (3) of Subsection (d) of this section
and if the landlord has failed to repair or remedy the condition
within three days following the tenant's delivery of notice of
intent to repair;
(3) have the condition repaired or remedied if the
condition involves inadequate heat or cooled air as referred to in
Paragraph (C) of Subdivision (3) of Subsection (d) of this section
and if the landlord has failed to repair the condition within three
days after delivery of the tenant's notice of intent to repair; or
(4) have the condition repaired or remedied if the
condition is not covered by Paragraph (A), (B), or (C) of
Subdivision (3) of Subsection (d) of this section and involves a
condition affecting the physical health or safety of the ordinary
tenant as referred to in Paragraph (D) of Subdivision (3) of
Subsection (d) of this section and if the landlord has failed to
repair or remedy the condition within seven days after delivery of
the tenant's notice of intent to repair.
(f) Repairs made pursuant to the tenant's notice must be
made by a company, contractor, or repairman listed in the yellow or
business pages of the telephone directory or in the classified
advertising section of a newspaper of the local city, county, or
adjacent county at the time of the tenant's notice of intent to
repair. Unless the landlord and tenant agree otherwise under
Subsection (g) of this section, repairs may not be made by the
tenant, the tenant's immediate family, the tenant's employer or
employees, or a company in which the tenant has an ownership
interest. Repairs may not be made to the foundation or load-bearing
structural elements of the building if it contains two or more
dwelling units.
(g) A landlord and a tenant may mutually agree for the
tenant to repair or remedy, at the landlord's expense, any
condition of the dwelling regardless of whether it materially
affects the health or safety of an ordinary tenant. 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.
(h) Repairs made pursuant to the tenant's notice must be
made in compliance with applicable building codes, including a
building permit when required.
(i) The tenant shall not have authority to contract for
labor or materials in excess of what the tenant may deduct under
this section. The landlord is not liable to repairmen,
contractors, or material suppliers who furnish labor or materials
to repair or remedy the condition. A repairman or supplier shall
not have a lien for materials or services arising out of repairs
contracted for by the tenant under this section.
(j) When deducting the cost of repairs from the rent
payment, the tenant shall furnish the landlord, along with payment
of the balance of the rent, a copy of the repair bill and the receipt
for its payment. A repair bill and receipt may be the same
document.
(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 1989, 71st Leg., ch. 650, § 6, eff. Aug. 28, 1989.
Amended by Acts 1997, 75th Leg., ch. 1205, § 12, eff. Jan. 1,
1998.
§ 92.0562. LANDLORD AFFIDAVIT FOR DELAY. (a) The
tenant must delay contracting for repairs under Section 92.0561 if,
before the tenant contracts for the repairs, the landlord delivers
to the tenant an affidavit, signed and sworn to under oath by the
landlord or his authorized agent and complying with this section.
(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. The affidavit must state facts
showing that the landlord has made and is making diligent efforts to
repair the condition, and it must contain dates, names, addresses,
and telephone numbers of contractors, suppliers, and repairmen
contacted by the owner.
(c) Affidavits under this section may delay repair by the
tenant for:
(1) 15 days if the landlord's failure to repair is
caused by a delay in obtaining necessary parts for which the
landlord is not at fault; or
(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) 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. The landlord may file subsequent affidavits,
provided that the total delay of the repair or remedy extends no
longer than six months from the date the landlord delivers the first
affidavit to the tenant.
(e) The affidavit must be delivered to the tenant by any of
the following methods:
(1) personal delivery to the tenant;
(2) certified mail, return receipt requested, to the
tenant; or
(3) leaving the notice inside the dwelling in a
conspicuous place if notice in that manner is authorized in a
written lease.
(f) Affidavits for delay by a landlord under this section
must be submitted in good faith. Following delivery of the
affidavit, the landlord must continue diligent efforts to repair or
remedy the condition. There shall be a rebuttable presumption that
the landlord acted in good faith and with continued diligence for
the first affidavit for delay the landlord delivers to the tenant.
The landlord shall have the burden of pleading and proving good
faith and continued diligence for subsequent affidavits for delay.
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.
(g) If the landlord is liable to the tenant under Section
92.056 and if a new landlord, in good faith and without knowledge of
the tenant's notice of intent to repair, has acquired title to the
tenant's dwelling by foreclosure, deed in lieu of foreclosure, or
general warranty deed in a bona fide purchase, then the following
shall apply:
(1) The tenant's right to terminate the lease under
this subchapter shall not be affected, and the tenant shall have no
duty to give additional notice to the new landlord.
(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.
(3) For conditions other than those specified in
Subdivision (2) of this subsection, if the new landlord acquires
title as described in this subsection and has notified the tenant of
the name and address of the new landlord or the new landlord's
authorized agent and if the tenant has not already contracted for
the repair or remedy at the time the tenant is so notified, the
tenant must deliver to the new landlord a written notice of intent
to repair or remedy the condition, and the new landlord shall have a
reasonable time to complete the repair before the tenant may repair
or remedy the condition. No further notice from the tenant is
necessary in order for the tenant to repair or remedy the condition
after a reasonable time has elapsed.
(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.
(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.
(6) No provision of this section shall affect any
right of a foreclosing superior lienholder to terminate, according
to law, any interest in the premises held by the holders of
subordinate liens, encumbrances, leases, or other interests and
shall not affect any right of the tenant to terminate the lease
according to law.
Added by Acts 1989, 71st Leg., ch. 650, § 7, eff. Aug. 28, 1989.
§ 92.0563. TENANT'S JUDICIAL REMEDIES. (a) A tenant's
judicial remedies under Section 92.056 shall include:
(1) an order directing the landlord to take reasonable
action to repair or remedy the condition;
(2) an order reducing the tenant's rent, from the date
of the first repair notice, in proportion to the reduced rental
value resulting from the condition until the condition is repaired
or remedied;
(3) a judgment against the landlord for a civil
penalty of one month's rent plus $500;
(4) a judgment against the landlord for the amount of
the tenant's actual damages; and
(5) court costs and attorney's fees, excluding any
attorney's fees for a cause of action for damages relating to a
personal injury.
(b) A landlord who knowingly violates Section 92.006 by
contracting orally or in writing with a tenant to waive the
landlord's duty to repair under this subchapter shall be liable to
the tenant for actual damages, a civil penalty of one month's rent
plus $2,000, and reasonable attorney's fees. For purposes of this
subsection, there shall be a rebuttable presumption that the
landlord acted without knowledge of the violation. The tenant
shall have the burden of pleading and proving a knowing violation.
If the lease is in writing and is not in violation of Section
92.006, the tenant's proof of a knowing violation must be clear and
convincing. A mutual agreement for tenant repair under Subsection
(g) of Section 92.0561 is not a violation of Section 92.006.
(c) The justice, county, and district courts have
concurrent jurisdiction of an action under Subsection (a) of this
section except that the justice court may not order repairs under
Subdivision (1) of Subsection (a) of this section.
Added by Acts 1989, 71st Leg., ch. 650, § 8, eff. Aug. 28, 1989.
§ 92.058. LANDLORD REMEDY FOR TENANT
VIOLATION. (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. If, after a landlord has notified a tenant in writing of
(1) the illegality of the tenant's rent withholding or the tenant's
proposed repair and (2) the penalties of this subchapter, the
tenant withholds rent, causes repairs to be performed, or makes
rent deductions for repairs in bad faith violation of this
subchapter, the landlord may recover from the tenant a civil
penalty of one month's rent plus $500.
(b) Notice under this section must be in writing and may be
given in person, by mail, or by delivery to the premises.
(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. In any litigation under
this subsection, the prevailing party shall recover reasonable
attorney's fees from the nonprevailing party.
Acts 1983, 68th Leg., p. 3638, ch. 576, § 1, eff. Jan. 1, 1984.
Amended by Acts 1989, 71st Leg., ch. 650, § 10, eff. Aug. 28,
1989.
§ 92.060. AGENTS FOR DELIVERY OF NOTICE. A managing
agent, leasing agent, or resident manager is the agent of the
landlord for purposes of notice and other communications required
or permitted by this subchapter.
Acts 1983, 68th Leg., p. 3639, ch. 576, § 1, eff. Jan. 1, 1984.
§ 92.061. EFFECT ON OTHER RIGHTS. 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. Otherwise, this
subchapter does not affect any other right of a landlord or tenant
under contract, statutory law, or common law that is consistent
with the purposes of this subchapter or any right a landlord or
tenant may have to bring an action for personal injury or property
damage under the law of this state. This subchapter does not impose
obligations on a landlord or tenant other than those expressly
stated in this subchapter.
Acts 1983, 68th Leg., p. 3639, ch. 576, § 1, eff. Jan. 1, 1984.
Amended by Acts 1985, 69th Leg., ch. 200, § 5, eff. Aug. 26,
1985.
SUBCHAPTER C. SECURITY DEPOSITS
§ 92.101. APPLICATION. This subchapter applies to all
residential leases.
Acts 1983, 68th Leg., p. 3639, ch. 576, § 1, eff. Jan. 1, 1984.
Amended by Acts 1995, 74th Leg., ch. 744, § 1, eff. Jan. 1, 1996.
§ 92.102. SECURITY DEPOSIT. A security deposit is any
advance of money, other than a rental application deposit or an
advance payment of rent, that is intended primarily to secure
performance under a lease of a dwelling that has been entered into
by a landlord and a tenant.
Acts 1983, 68th Leg., p. 3639, ch. 576, § 1, eff. Jan. 1, 1984.
Amended by Acts 1995, 74th Leg., ch. 744, § 2, eff. Jan. 1, 1996.
§ 92.103. OBLIGATION TO REFUND. (a) Except as
provided by Section 92.107, the landlord shall refund a security
deposit to the tenant on or before the 30th day after the date the
tenant surrenders the premises.
(b) A requirement that a tenant give advance notice of
surrender as a condition for refunding the security deposit is
effective only if the requirement is underlined or is printed in
conspicuous bold print in the lease.
(c) The tenant's claim to the security deposit takes
priority over the claim of any creditor of the landlord, including a
trustee in bankruptcy.
Acts 1983, 68th Leg., p. 3639, ch. 576, § 1, eff. Jan. 1, 1984.
Amended by Acts 1995, 74th Leg., ch. 744, § 3, eff. Jan. 1, 1996.
§ 92.1031. CONDITIONS FOR RETENTION OF SECURITY DEPOSIT
OR RENT PREPAYMENT. (a) Except as provided in Subsection (b), a
landlord who receives a security deposit or rent prepayment for a
dwelling from a tenant who fails to occupy the dwelling according to
a lease between the landlord and the tenant may not retain the
security deposit or rent prepayment if:
(1) the tenant secures a replacement tenant
satisfactory to the landlord and the replacement tenant occupies
the dwelling on or before the commencement date of the lease; or
(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.
(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
(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.
Added by Acts 1995, 74th Leg., ch. 869, § 13, eff. Jan. 1, 1996.
§ 92.104. RETENTION OF SECURITY DEPOSIT;
ACCOUNTING. (a) Before returning a security deposit, the
landlord may deduct from the deposit damages and charges for which
the tenant is legally liable under the lease or as a result of
breaching the lease.
(b) The landlord may not retain any portion of a security
deposit to cover normal wear and tear.
(c) If the landlord retains all or part of a security
deposit under this section, the landlord shall give to the tenant
the balance of the security deposit, if any, together with a written
description and itemized list of all deductions. The landlord is
not required to give the tenant a description and itemized list of
deductions if:
(1) the tenant owes rent when he surrenders possession
of the premises; and
(2) there is no controversy concerning the amount of
rent owed.
Acts 1983, 68th Leg., p. 3640, ch. 576, § 1, eff. Jan. 1, 1984.
§ 92.1041. PRESUMPTION OF REFUND OR ACCOUNTING. A
landlord is presumed to have refunded a security deposit or made an
accounting of security deposit deductions if, on or before the date
required under this subchapter, the refund or accounting is placed
in the United States mail and postmarked on or before the required
date.
Added by Acts 1995, 74th Leg., ch. 744, § 4, eff. Jan. 1, 1996.
§ 92.105. CESSATION OF OWNER'S INTEREST. (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,
regardless of whether notice is given to the tenant under
Subsection (b) of this section.
(b) The person who no longer owns an interest in the rental
premises remains liable for a security deposit received while the
person was the owner until the new owner delivers to the tenant a
signed statement acknowledging that the new owner has received and
is responsible for the tenant's security deposit and specifying the
exact dollar amount of the deposit.
(c) Subsection (a) does not apply to a real estate mortgage
lienholder who acquires title by foreclosure.
Acts 1983, 68th Leg., p. 3640, ch. 576, § 1, eff. Jan. 1, 1984.
Amended by Acts 1985, 69th Leg., ch. 305, § 2, eff. Aug. 26,
1985.
§ 92.106. RECORDS. The landlord shall keep accurate
records of all security deposits.
Acts 1983, 68th Leg., p. 3641, ch. 576, § 1, eff. Jan. 1, 1984.
§ 92.107. TENANT'S FORWARDING ADDRESS. (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.
(b) The tenant does not forfeit the right to a refund of the
security deposit or the right to receive a description of damages
and charges merely for failing to give a forwarding address to the
landlord.
Acts 1983, 68th Leg., p. 3641, ch. 576, § 1, eff. Jan. 1, 1984.
§ 92.108. LIABILITY FOR WITHHOLDING LAST MONTH'S
RENT. (a) The tenant may not withhold payment of any portion of
the last month's rent on grounds that the security deposit is
security for unpaid rent.
(b) A tenant who violates this section is presumed to have
acted in bad faith. A tenant who in bad faith violates this section
is liable to the landlord for an amount equal to three times the
rent wrongfully withheld and the landlord's reasonable attorney's
fees in a suit to recover the rent.
Acts 1983, 68th Leg., p. 3641, ch. 576, § 1, eff. Jan. 1, 1984.
§ 92.109. LIABILITY OF LANDLORD. (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.
(b) A landlord who in bad faith does not provide a written
description and itemized list of damages and charges in violation
of this subchapter:
(1) forfeits the right to withhold any portion of the
security deposit or to bring suit against the tenant for damages to
the premises; and
(2) is liable for the tenant's reasonable attorney's
fees in a suit to recover the deposit.
(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.
(d) A landlord who fails either to return a security deposit
or to provide a written description and itemization of deductions
on or before the 30th day after the date the tenant surrenders
possession is presumed to have acted in bad faith.
Acts 1983, 68th Leg., p. 3641, ch. 576, § 1, eff. Jan. 1, 1984.
SUBCHAPTER D. SECURITY DEVICES
§ 92.151. DEFINITIONS. In this subchapter:
(1) "Doorknob lock" means a lock in a doorknob, with
the lock operated from the exterior by a key, card, or combination
and from the interior without a key, card, or combination.
(2) "Door viewer" means a permanently installed device
in an exterior door that allows a person inside the dwelling to view
a person outside the door. The device must be:
(A) a clear glass pane or one-way mirror; or
(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.
(3) "Exterior door" means a door providing access from
a dwelling interior to the exterior. The term includes a door
between a living area and a garage but does not include a sliding
glass door or a screen door.
(4) "French doors" means a set of two exterior doors in
which each door is hinged and abuts the other door when closed. The
term includes double-hinged patio doors.
(5) "Keyed dead bolt" means:
(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
(B) a doorknob lock that contains a bolt with at
least a one-inch throw.
(6) "Keyless bolting device" means a door lock not in
the doorknob that locks:
(A) with a bolt into a strike plate screwed into
the portion of the doorjamb surface that faces the edge of the door
when the door is closed or into a metal doorjamb that serves as the
strike plate, operable only by knob or lever from the door's
interior and not in any manner from the door's exterior, and that is
commonly known as a keyless dead bolt;
(B) by a drop bolt system operated by placing a
central metal plate over a metal doorjamb restraint that protrudes
from the doorjamb and that is affixed to the doorjamb frame by means
of three case-hardened screws at least three inches in length.
One-half of the central plate must overlap the interior surface of
the door and the other half of the central plate must overlap the
doorjamb when the plate is placed over the doorjamb restraint. The
drop bolt system must prevent the door from being opened unless the
central plate is lifted off of the doorjamb restraint by a person
who is on the interior side of the door.
The term "keyless bolting device" does not include a
chain latch, flip latch, surface-mounted slide bolt, mortise door
bolt, surface-mounted barrel bolt, surface-mounted swing bar door
guard, spring-loaded nightlatch, foot bolt, or other lock or latch;
or
(C) by a metal bar or metal tube that is placed
across the entire interior side of the door and secured in place at
each end of the bar or tube by heavy-duty metal screw hooks. 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. 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. 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.
(7) "Landlord" means a dwelling owner, lessor,
sublessor, management company, or managing agent, including an
on-site manager.
(8) "Multiunit complex" means two or more dwellings in
one or more buildings that are:
(A) under common ownership;
(B) managed by the same owner, agent, or
management company; and
(C) located on the same lot or tract or adjacent
lots or tracts of land.
(9) "Possession of a dwelling" means occupancy by a
tenant under a lease, including occupancy until the time the tenant
moves out or a writ of possession is issued by a court. The term
does not include occupancy before the initial occupancy date
authorized under a lease.
(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.
(11) "Security device" means a doorknob lock, door
viewer, keyed dead bolt, keyless bolting device, sliding door
handle latch, sliding door pin lock, sliding door security bar, or
window latch in a dwelling.
(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
(C) designed to prevent the door from being
opened.
(13) "Sliding door pin lock" means a lock on a sliding
glass door that consists of a pin or nail inserted from the interior
side of the door at the side opposite the door's handle and that is
designed to prevent the door from being opened or lifted.
(14) "Sliding door security bar" means a bar or rod
that can be placed at the bottom of or across the interior side of
the fixed panel of a sliding glass door and that is designed to
prevent the door from being opened.
(15) "Tenant turnover date" means the date a tenant
moves into a dwelling under a lease after all previous occupants
have moved out. The term does not include dates of entry or
occupation not authorized by the landlord.
(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.
Amended by Acts 1993, 73rd Leg., ch. 357, § 3, eff. Sept. 1,
1993; Acts 1999, 76th Leg., ch. 16, § 1, eff. Sept. 1, 1999.
§ 92.152. APPLICATION OF SUBCHAPTER. (a) This
subchapter does not apply to:
(1) a room in a hotel, motel, or inn or to similar
transient housing;
(2) residential housing owned or operated by a public
or private college or university accredited by a recognized
accrediting agency as defined under Section 61.003, Education Code;
(3) residential housing operated by preparatory
schools accredited by the Texas Education Agency, a regional
accrediting agency, or any accrediting agency recognized by the
commissioner of education; or
(4) a temporary residential tenancy created by a
contract for sale in which the buyer occupies the property before
closing or the seller occupies the property after closing for a
specific term not to exceed 90 days.
(b) Except as provided by Subsection (a), a dwelling to
which this subchapter applies includes:
(1) a room in a dormitory or rooming house;
(2) a mobile home;
(3) a single family house, duplex, or triplex; and
(4) a living unit in an apartment, condominium,
cooperative, or townhome project.
Amended by Acts 1993, 73rd Leg., ch. 357, § 3, eff. Sept. 1,
1993; Acts 1995, 74th Leg., ch. 126, § 1, eff. Aug. 28, 1995;
Acts 1995, 74th Leg., ch. 869, § 2, eff. Jan. 1, 1996.
§ 92.153. SECURITY DEVICES REQUIRED WITHOUT NECESSITY OF
TENANT REQUEST. (a) Except as provided by Subsections (b), (e),
(f), (g), and (h) and without necessity of request by the tenant, a
dwelling must be equipped with:
(1) a window latch on each exterior window of the
dwelling;
(2) a doorknob lock or keyed dead bolt on each exterior
door;
(3) a sliding door pin lock on each exterior sliding
glass door of the dwelling;
(4) a sliding door handle latch or a sliding door
security bar on each exterior sliding glass door of the dwelling;
and
(5) a keyless bolting device and a door viewer on each
exterior door of the dwelling.
(b) If the dwelling has French doors, one door of each pair
of French doors must meet the requirements of Subsection (a) and the
other door must have:
(1) a keyed dead bolt or keyless bolting device
capable of insertion into the doorjamb above the door and a keyless
bolting device capable of insertion into the floor or threshold,
each with a bolt having a throw of one inch or more; or
(2) a bolt installed inside the door and operated from
the edge of the door, capable of insertion into the doorjamb above
the door, and another bolt installed inside the door and operated
from the edge of the door capable of insertion into the floor or
threshold, each bolt having a throw of three-fourths inch or more.
(c) A security device required by Subsection (a) or (b) must
be installed at the landlord's expense.
(d) Subsections (a) and (b) apply only when a tenant is in
possession of a dwelling.
(e) A keyless bolting device is not required to be installed
at the landlord's expense on an exterior door if:
(1) the dwelling is part of a multiunit complex in
which the majority of dwelling units are leased to tenants who are
over 55 years of age or who have a physical or mental disability;
(2) a tenant or occupant in the dwelling is over 55
years of age or has a physical or mental disability; and
(3) the landlord is expressly required or permitted to
periodically check on the well-being or health of the tenant as a
part of a written lease or other written agreement.
(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. The request must be a separate
document and may not be included as part of a lease agreement. 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.
(g) A keyed dead bolt or a doorknob lock is not required to
be installed at the landlord's expense on an exterior door if at the
time the tenant agrees to lease the dwelling:
(1) at least one exterior door usable for normal entry
into the dwelling has both a keyed dead bolt and a keyless bolting
device, installed in accordance with the height, strike plate, and
throw requirements of Section 92.154; and
(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.
(h) A security device required by this section must be
operable throughout the time a tenant is in possession of a
dwelling. However, a landlord may deactivate or remove the locking
mechanism of a doorknob lock or remove any device not qualifying as
a keyless bolting device if a keyed dead bolt has been installed on
the same door.
(i) A landlord is subject to the tenant remedies provided by
Section 92.164(a)(4) if the landlord:
(1) deactivates or does not install a keyless bolting
device, claiming an exemption under Subsection (e), (f), or (g);
and
(2) knows or has reason to know that the requirements
of the subsection granting the exemption are not fulfilled.
Amended by Acts 1993, 73rd Leg., ch. 357, § 3, eff. Sept. 1,
1993; Acts 1995, 74th Leg., ch. 869, § 3, eff. Jan. 1, 1996.
§ 92.154. HEIGHT, STRIKE PLATE, AND THROW
REQUIREMENTS--KEYED DEAD BOLT OR KEYLESS BOLTING DEVICE. (a) A
keyed dead bolt or a keyless bolting device required by this
subchapter must be installed at a height:
(1) not lower than 36 inches from the floor; and
(2) not higher than:
(A) 54 inches from the floor, if installed before
September 1, 1993; or
(B) 48 inches from the floor, if installed on or
after September 1, 1993.
(b) A keyed dead bolt or a keyless bolting device described
in Section 92.151(6)(A) or (B) in a dwelling must:
(1) have a strike plate screwed into the portion of the
doorjamb surface that faces the edge of the door when the door is
closed; or
(2) be installed in a door with a metal doorjamb that
serves as the strike plate.
(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.
(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).
Amended by Acts 1993, 73rd Leg., ch. 357, § 3, eff. Sept. 1,
1993.
§ 92.155. HEIGHT REQUIREMENTS--SLIDING DOOR SECURITY
DEVICES. A sliding door pin lock or sliding door security bar
required by this subchapter must be installed at a height not higher
than:
(1) 54 inches from the floor, if installed before
September 1, 1993; or
(2) 48 inches from the floor, if installed on or after
September 1, 1993.
Amended by Acts 1993, 73rd Leg., ch. 357, § 3, eff. Sept. 1,
1993.
§ 92.156. REKEYING OR CHANGE OF SECURITY
DEVICES. (a) A security device operated by a key, card, or
combination shall be rekeyed by the landlord at the landlord's
expense not later than the seventh day after each tenant turnover
date.
(b) A landlord shall perform additional rekeying or change a
security device at the tenant's expense if requested by the tenant.
A tenant may make an unlimited number of requests under this
subsection.
(c) The expense of rekeying security devices for purposes of
the use or change of the landlord's master key must be paid by the
landlord.
(d) This section does not apply to locks on closet doors or
other interior doors.
Amended by Acts 1993, 73rd Leg., ch. 357, § 3, eff. Sept. 1,
1993.
§ 92.157. SECURITY DEVICES REQUESTED BY
TENANT. (a) At a tenant's request made at any time, a landlord,
at the tenant's expense, shall install:
(1) a keyed dead bolt on an exterior door if the door
has:
(A) a doorknob lock but not a keyed dead bolt; or
(B) a keyless bolting device but not a keyed dead
bolt or doorknob lock; and
(2) a sliding door pin lock or sliding door security
bar if the door is an exterior sliding glass door without a sliding
door pin lock or sliding door security bar.
(b) At a tenant's request made before January 1, 1995, a
landlord, at the tenant's expense, shall install on an exterior
door of a dwelling constructed before September 1, 1993:
(1) a keyless bolting device if the door does not have
a keyless bolting device; and
(2) a door viewer if the door does not have a door
viewer.
(c) If a security device required by Section 92.153 to be
installed on or after January 1, 1995, without necessity of a
tenant's request has not been installed by the landlord, the tenant
may request the landlord to immediately install it, and the
landlord shall immediately install it at the landlord's expense.
Amended by Acts 1993, 73rd Leg., ch. 357, § 3, eff. Sept. 1,
1993.
§ 92.158. LANDLORD'S DUTY TO REPAIR OR REPLACE SECURITY
DEVICE. 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.
Amended by Acts 1993, 73rd Leg., ch. 357, § 3, eff. Sept. 1,
1993.
§ 92.159. WHEN TENANT'S REQUEST OR NOTICE MUST BE IN
WRITING. 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.
Amended by Acts 1993, 73rd Leg., ch. 357, § 3, eff. Sept. 1,
1993.
§ 92.160. TYPE, BRAND, AND MANNER OF
INSTALLATION. 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. This section does not apply to a security device
installed, repaired, changed, replaced, or rekeyed by a tenant
under Section 92.164(a)(1) or 92.165(1).
Amended by Acts 1993, 73rd Leg., ch. 357, § 3, eff. Sept. 1,
1993.
§ 92.161. COMPLIANCE WITH TENANT REQUEST REQUIRED WITHIN
REASONABLE TIME. (a) Except as provided by Subsections (b) and
(c), a landlord must comply with a tenant's request for rekeying,
changing, installing, repairing, or replacing a security device
under Section 92.156, 92.157, or 92.158 within a reasonable time. A
reasonable time for purposes of this subsection is presumed to be
not later than the seventh day after the date the request is
received by the landlord.
(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. A reasonable time for purposes
of this subsection is presumed to be not later than the seventh day
after the date a tenant's advance payment is received by the
landlord, except as provided by Subsection (c).
(c) A reasonable time for purposes of Subsections (a) and
(b) is presumed to be not later than 72 hours after the time of
receipt of the tenant's request and any required advance payment if
at the time of making the request the tenant informed the landlord
that:
(1) an unauthorized entry occurred or was attempted in
the tenant's dwelling;
(2) an unauthorized entry occurred or was attempted in
another unit in the multiunit complex in which the tenant's
dwelling is located during the two months preceding the date of the
request; or
(3) a crime of personal violence occurred in the
multiunit complex in which the tenant's dwelling is located during
the two months preceding the date of the request.
(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
(3) a delay was caused by circumstances beyond the
landlord's control, including the illness or death of the landlord
or a member of the landlord's immediate family.
(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).
Added by Acts 1993, 73rd Leg., ch. 357, § 3, eff. Sept. 1, 1993.
§ 92.162. PAYMENT OF CHARGES; LIMITS ON AMOUNT
CHARGED. (a) A landlord may not require a tenant to pay for
repair or replacement of a security device due to normal wear and
tear. A landlord may not require a tenant to pay for other repairs
or replacements of a security device except as provided by
Subsections (b), (c), and (d).
(b) A landlord may require a tenant to pay for repair or
replacement of a security device if an underlined provision in a
written lease authorizes the landlord to do so and the repair or
replacement is necessitated by misuse or damage by the tenant, a
member of the tenant's family, an occupant, or a guest, and not by
normal wear and tear. 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. The tenant has
the burden of proving that the misuse or damage was caused by
another party.
(c) A landlord may require a tenant to pay in advance
charges for which the tenant is liable under this subchapter if a
written lease authorizes the landlord to require advance payment,
and the landlord notifies the tenant within a reasonable time after
the tenant's request that advance payment is required, and:
(1) the tenant is more than 30 days delinquent in
reimbursing the landlord for charges to which the landlord is
entitled under Subsection (b); or
(2) the tenant requested that the landlord repair,
install, change, or rekey the same security device during the 30
days preceding the tenant's request, and the landlord complied with
the request.
(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. If the landlord's
employees perform the work, the charge may include a reasonable
amount for overhead but may not include a profit to the landlord.
If management company employees perform the work, the charge may
include reasonable overhead and profit but may not exceed the cost
charged to the owner by the management company for comparable
security devices installed by management company employees at the
owner's request and expense.
(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. A management
company, managing agent, or on-site manager may reimburse itself
for the costs from the owner's funds in its possession or control.
Added by Acts 1993, 73rd Leg., ch. 357, § 3, eff. Sept. 1, 1993.
§ 92.163. REMOVAL OR ALTERATION OF SECURITY DEVICE BY
TENANT. A security device that is installed, changed, or rekeyed
under this subchapter becomes a fixture of the dwelling. Except as
provided by Section 92.164(a)(1) or 92.165(1) regarding the remedy
of repair-and-deduct, a tenant may not remove, change, rekey,
replace, or alter a security device or have it removed, changed,
rekeyed, replaced, or altered without permission of the landlord.
Added by Acts 1993, 73rd Leg., ch. 357, § 3, eff. Sept. 1, 1993.
§ 92.164. TENANT REMEDIES FOR LANDLORD'S FAILURE TO
INSTALL OR REKEY CERTAIN SECURITY DEVICES. (a) If a landlord does
not comply with Section 92.153 or 92.156(a) regarding installation
or rekeying of a security device, the tenant may:
(1) install or rekey the security device as required
by this subchapter and deduct the reasonable cost of material,
labor, taxes, and extra keys from the tenant's next rent payment, in
accordance with Section 92.166;
(2) 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, unilaterally terminate the lease without
court proceedings;
(3) file suit against the landlord without serving a
request for compliance and obtain a judgment for:
(A) a court order directing the landlord to
comply, if the tenant is in possession of the dwelling;
(B) the tenant's actual damages;
(C) court costs; and
(D) attorney's fees except in suits for recovery
of property damages, personal injuries, or wrongful death; and
(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;
(B) the tenant's actual damages;
(C) punitive damages if the tenant suffers actual
damages;
(D) a civil penalty of one month's rent plus
$500;
(E) court costs; and
(F) attorney's fees except in suits for recovery
of property damages, personal injuries, or wrongful death.
(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
(4) the tenant has the right to install or rekey a
security device required by this subchapter and deduct the
reasonable cost from the tenant's next rent payment, as provided by
Subsection (a)(1).
(c) Regardless of whether the lease contains language
complying with the requirements of Subsection (b), the additional
time for landlord compliance provided by Subsection (b) does not
apply if at the time the tenant served the written request for
compliance on the landlord the tenant informed the landlord that an
unauthorized entry occurred or was attempted in the tenant's
dwelling, an unauthorized entry occurred or was attempted in
another unit in the multiunit complex in which the tenant's
dwelling is located during the two months preceding the date of the
request, or a crime of personal violence occurred in the multiunit
complex in which the tenant's dwelling is located during the two
months preceding the date of the request, unless 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
(3) a delay was caused by circumstances beyond the
landlord's control, including the illness or death of the landlord
or a member of the landlord's immediate family.
Added by Acts 1993, 73rd Leg., ch. 357, § 3, eff. Sept. 1, 1993.
§ 92.1641. LANDLORD'S DEFENSES RELATING TO INSTALLING OR
REKEYING CERTAIN SECURITY DEVICES. The landlord has a defense to
liability under Section 92.164 if:
(1) the tenant has not fully paid all rent then due
from the tenant on the date the tenant gives a request under
Subsection (a) of Section 92.157 or the notice required by Section
92.164 ; or
(2) on the date the tenant terminates the lease or
files suit the tenant has not fully paid costs requested by the
landlord and authorized by Section 92.162.
Acts 1983, 68th Leg., p. 3645, ch. 576, § 1, eff. Jan. 1, 1984.
Amended by Acts 1993, 73rd Leg., ch. 48, § 17, eff. Sept. 1,
1993. Renumbered from § 92.158 and amended 2001, 77th Leg., ch.
1420, § 17.001(a), eff. Sept. 1, 2001.
§ 92.165. TENANT REMEDIES FOR OTHER LANDLORD
VIOLATIONS. If a landlord does not comply with a tenant's request
regarding rekeying, changing, adding, repairing, or replacing a
security device under Section 92.156(b), 92.157, or 92.158 in
accordance with the time limits and other requirements of this
subchapter, the tenant may:
(1) install, repair, change, replace, or rekey the
security devices as required by this subchapter and deduct the
reasonable cost of material, labor, taxes, and extra keys from the
tenant's next rent payment in accordance with Section 92.166;
(2) unilaterally terminate the lease without court
proceedings; and
(3) file suit against the landlord and obtain a
judgment for:
(A) a court order directing the landlord to
comply, if the tenant is in possession of the dwelling;
(B) the tenant's actual damages;
(C) punitive damages if the tenant suffers actual
damages and the landlord's failure to comply is intentional,
malicious, or grossly negligent;
(D) a civil penalty of one month's rent plus
$500;
(E) court costs; and
(F) attorney's fees except in suits for recovery
of property damages, personal injuries, or wrongful death.
Added by Acts 1993, 73rd Leg., ch. 357, § 3, eff. Sept. 1, 1993.
§ 92.166. NOTICE OF TENANT'S DEDUCTION OF REPAIR COSTS
FROM RENT. (a) A tenant shall notify the landlord of a rent
deduction attributable to the tenant's installing, repairing,
changing, replacing, or rekeying of a security device under Section
92.164(a)(1) or 92.165(1) after the landlord's failure to comply
with this subchapter. The notice must be given at the time of the
reduced rent payment.
(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.
Added by Acts 1993, 73rd Leg., ch. 357, § 3, eff. Sept. 1, 1993.
§ 92.167. LANDLORD'S DEFENSES RELATING TO COMPLIANCE
WITH TENANT'S REQUEST. (a) A landlord has a defense to liability
under Section 92.165 if on the date the tenant terminates the lease
or files suit the tenant has not fully paid costs requested by the
landlord and authorized by this subchapter.
(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
(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
(C) explaining the remedies available to the
tenant for the landlord's failure to comply.
Added by Acts 1993, 73rd Leg., ch. 357, § 3, eff. Sept. 1, 1993.
Amended by Acts 2001, 77th Leg., ch. 1420, § 17.00(b), eff. Sept.
1, 2001.
§ 92.168. TENANT'S REMEDY ON NOTICE FROM MANAGEMENT
COMPANY. The tenant may unilaterally terminate the lease or
exercise other remedies under Sections 92.164 and 92.165 after
receiving written notice from a management company that the owner
of the dwelling has not provided or will not provide funds to
repair, install, change, replace, or rekey a security device as
required by this subchapter.
Added by Acts 1993, 73rd Leg., ch. 357, § 3, eff. Sept. 1, 1993.
§ 92.169. AGENT FOR DELIVERY OF NOTICE. A managing
agent or an agent to whom rent is regularly paid, 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.
Added by Acts 1993, 73rd Leg., ch. 357, § 3, eff. Sept. 1, 1993.
§ 92.170. EFFECT ON OTHER LANDLORD DUTIES AND TENANT
REMEDIES. The duties of a landlord and the remedies of a tenant
under this subchapter are in lieu of common law, other statutory
law, and local ordinances relating to a residential landlord's duty
to install, change, rekey, repair, or replace security devices and
a tenant's remedies for the landlord's failure to install, change,
rekey, repair, or replace security devices, except that a municipal
ordinance adopted before January 1, 1993, may require installation
of security devices at the landlord's expense by an earlier date
than a date required by this subchapter. This subchapter does not
affect a duty of a landlord or a remedy of a tenant under Subchapter
B regarding habitability.
Added by Acts 1993, 73rd Leg., ch. 357, § 3, eff. Sept. 1, 1993.
SUBCHAPTER E. DISCLOSURE OF OWNERSHIP AND MANAGEMENT
§ 92.201. DISCLOSURE OF OWNERSHIP AND
MANAGEMENT. (a) A landlord shall disclose to a tenant, or to any
government official or employee acting in an official capacity,
according to this subchapter:
(1) the name and either a street or post office box
address of the holder of record title, according to the deed records
in the county clerk's office, of the dwelling rented by the tenant
or inquired about by the government official or employee acting in
an official capacity; and
(2) if an entity located off-site from the dwelling is
primarily responsible for managing the dwelling, the name and
street address of the management company.
(b) Disclosure to a tenant under Subsection (a) must be made
by:
(1) giving the information in writing to the tenant on
or before the seventh day after the day the landlord receives the
tenant's request for the information;
(2) continuously posting the information in a
conspicuous place in the dwelling or the office of the on-site
manager or on the outside of the entry door to the office of the
on-site manager on or before the seventh day after the date the
landlord receives the tenant's request for the information; or
(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.
(c) Disclosure of information to a tenant may be made under
Subdivision (1) or (2) of Subsection (b) before the tenant requests
the information.
(d) Disclosure of information to a government official or
employee must be made by giving the information in writing to the
official or employee on or before the seventh day after the date the
landlord receives the request from the official or employee for the
information.
(e) A correction to the information may be made by any of the
methods authorized for providing the information.
(f) For the purposes of this section, an owner or property
manager may disclose either an actual name or names or an assumed
name if an assumed name certificate has been recorded with the
county clerk.
Acts 1983, 68th Leg., p. 3646, ch. 576, § 1, eff. Jan. 1, 1984.
Amended by Acts 1995, 74th Leg., ch. 869, § 4, eff. Jan. 1, 1996.
§ 92.202. LANDLORD'S FAILURE TO DISCLOSE
INFORMATION. (a) A landlord is liable to a tenant or a
governmental body according to this subchapter if:
(1) after the tenant or government official or
employee makes a request for information under Section 92.201, the
landlord does not provide the information; and
(2) the landlord does not give the information to the
tenant or government official or employee before the eighth day
after the date the tenant, official, or employee gives the landlord
written notice that the tenant, official, or employee may exercise
remedies under this subchapter if the landlord does not comply with
the request by the tenant, official, or employee for the
information within seven days.
(b) If the tenant's lease is in writing, the lease may
require the tenant's initial request for information to be written.
A request by a government official or employee for information must
be in writing.
Acts 1983, 68th Leg., p. 3647, ch. 576, § 1, eff. Jan. 1, 1984.
Amended by Acts 1995, 74th Leg., ch. 869, § 4, eff. Jan. 1, 1996.
§ 92.203. LANDLORD'S FAILURE TO CORRECT INFORMATION. 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
(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 1983, 68th Leg., p. 3647, ch. 576, § 1, eff. Jan. 1, 1984.
Amended by Acts 1995, 74th Leg., ch. 869, § 4, eff. Jan. 1, 1996.
§ 92.204. BAD FAITH VIOLATION. A landlord acts in bad
faith and is liable according to this subchapter if the landlord
gives an incorrect name or address under Subsection (a) of Section
92.201 by wilfully:
(1) disclosing incorrect information under Section
92.201(b)(1) or (2) or Section 92.201(d); or
(2) failing to correct information given under Section
92.201(b)(1) or (2) or Section 92.201(d) that the landlord knows is
incorrect.
Acts 1983, 68th Leg., p. 3647, ch. 576, § 1, eff. Jan. 1, 1984.
Amended by Acts 1993, 73rd Leg., ch. 48, § 18, eff. Sept. 1,
1993; Acts 1995, 74th Leg., ch. 869, § 4, eff. Jan. 1, 1996.
§ 92.205. REMEDIES. (a) A tenant of a landlord who is
liable under Section 92.202, 92.203, or 92.204 may obtain or
exercise one or more of the following remedies:
(1) a court order directing the landlord to make a
disclosure required by this subchapter;
(2) a judgment against the landlord for an amount
equal to the tenant's actual costs in discovering the information
required to be disclosed by this subchapter;
(3) a judgment against the landlord for one month's
rent plus $100;
(4) a judgment against the landlord for court costs
and attorney's fees; and
(5) unilateral termination of the lease without a
court proceeding.
(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:
(1) a court order directing the landlord to make a
disclosure required by this subchapter;
(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
(4) a judgment against the landlord for court costs
and attorney's fees.
Acts 1983, 68th Leg., p. 3648, ch. 576, § 1, eff. Jan. 1, 1984.
Amended by Acts 1995, 74th Leg., ch. 869, § 4, eff. Jan. 1, 1996.
§ 92.206. LANDLORD'S DEFENSE. A landlord has a defense
to liability under Section 92.202 or 92.203 if the tenant owes rent
on the date the tenant gives a notice required by either of those
sections. Rent delinquency is not a defense for a violation of
Section 92.204.
Acts 1983, 68th Leg., p. 3648, ch. 576, § 1, eff. Jan. 1, 1984.
