CHAPTER 92
RESIDENTIAL TENANCIES
SUBCHAPTER A. GENERAL PROVISIONS
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. Title 8, Ch. 92, § 92.001
Application:
This chapter applies only to the relationship between
landlords and tenants of residential rental property.Title 8, Ch.
92, § 92.002
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.Title 8, Ch. 92, § 92.003
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. Title 8, Ch. 92, § 92.004
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. Title 8, Ch. 92, § 92.005
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. Title 8,
Ch. 92, § 92.006
Venue:
Venue for an action under this chapter is governed by Section
15.0115, Civil Practice and Remedies Code. Title 8, Ch. 92,
§ 92.007
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;
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. Title 8, Ch. 92, § 92.008
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. Title 8, Ch. 92, § 92.0081
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. Title 8, Ch. 92, § 92.009
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 71.01, 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. Title 8, Ch. 92, § 92.010
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. Title 8, Ch. 92, § 92.011
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. Title 8, Ch. 92, § 92.012
Notice of Rule or Policy Change Affecting Tenant's
Personal Property:
Text of section as added by Acts 1999, 76th Leg., ch. 942, §
1
(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.
Title 8, Ch. 92, § 92.013
Personal Property and Security Deposit of Deceased
Tenant:
Text of section as added by Acts 1999, 76th Leg., ch. 1439, §
1
(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.
Title 8, Ch. 92, § 92.013
For text of section as added by Acts 1999, 76th Leg., ch.
942, § 1, see § 92.013, ante. SUBCHAPTER B.
REPAIR OR CLOSING OF LEASEHOLD
Application:
This subchapter applies to a lease executed, entered into,
renewed, or extended on or after September 1, 1979. Title 8,
Ch. 92, § 92.051
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. Title 8, Ch. 92, § 92.052
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. Title 8, Ch. 92, § 92.053
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. Title 8, Ch. 92, § 92.054
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. Title 8,
Ch. 92, § 92.055
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. Title 8, Ch.
92, § 92.056
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. Title 8, Ch. 92, § 92.0561
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. Title 8, Ch. 92, § 92.0562
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. Title 8,
Ch. 92, § 92.0563
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.
Title 8, Ch. 92, § 92.058
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.
Title 8, Ch. 92, § 92.060.
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. Title 8, Ch. 92,
§ 92.061
SUBCHAPTER C. SECURITY DEPOSITS
Application:
This subchapter applies to all residential leases. Title
8, Ch. 92, § 92.101
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. Title 8, Ch. 92, § 92.102
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. Title 8, Ch. 92, § 92.103
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. Title 8, Ch.
92, § 92.1031
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. Title 8, Ch. 92, § 92.104
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. Title 8, Ch. 92, § 92.1041
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. Title 8, Ch.
92, § 92.105
Records:
The landlord shall keep accurate records of all security
deposits. Title 8, Ch. 92, § 92.106
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. Title 8, Ch. 92, § 92.107
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. Title 8, Ch.
92, § 92.108
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. Title
8, Ch. 92, § 92.109 SUBCHAPTER D. SECURITY
DEVICES
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. Title 8, Ch. 92, § 92.151
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. Title 8, Ch. 92, § 92.152
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. Title
8, Ch. 92, § 92.153
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). Title 8, Ch. 92, § 92.154
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. Title 8, Ch. 92, § 92.155
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. Title 8, Ch. 92, § 92.156
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.
Title 8, Ch. 92, § 92.157
Landlord's Defenses:
Text of section as amended by Acts 1993, 73rd Leg., ch. 48, §
17
The landlord has a defense to liability under Section 92.156
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 92.153 or the notice required by Section 92.156; 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 92.154. Title 8, Ch. 92, § 92.158
For text of section as amended by Acts 1993, 73rd Leg., ch.
357, § 3, see § 92.158, post
For text of another section relating to landlord's
defenses, as amended by Acts 1993, 73rd Leg., ch. 357, § 3, see
§ 92.167, post
Landlord's Duty to Repair or Replace Security Device:
Text of section as amended by Acts 1993, 73rd Leg., ch. 357,
§ 3
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. Title 8, Ch. 92, §
92.158
For text of section as amended by Acts 1993, 73rd Leg., ch.
48, § 17, see § 92.158, ante
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. Title 8, Ch.
92, § 92.159
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
ubchapter.
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). Title 8, Ch. 92, § 92.160
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 than72 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). Title 8,
Ch. 92, § 92.161
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.
Title 8, Ch. 92, § 92.162
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.
Title 8, Ch. 92, § 92.163
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. Title 8, Ch. 92,
§ 92.164
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. Title 8, Ch.
92, § 92.165
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. Title 8, Ch. 92, §
92.166
Landlord's Defenses:
(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. Title 8, Ch. 92, § 92.167
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. Title 8, Ch. 92, § 92.168
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.
Title 8, Ch. 92, § 92.169
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. Title 8, Ch. 92, § 92.170 SUBCHAPTER
E. DISCLOSURE OF OWNERSHIP AND MANAGEMENT
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. Title 8, Ch. 92, § 92.201
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. Title 8, Ch. 92, § 92.202
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. Title 8, Ch. 92, § 92.203
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. Title 8, Ch. 92, § 92.204
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. Title 8, Ch. 92, § 92.205
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. Title 8,
Ch. 92, § 92.206
Agents for Delivery of Notice:
(a) A managing or leasing agent, whether residing or
maintaining an office on-site or off-site, is the agent of the
landlord for purposes of:
(1) notice and other communications required or permitted by
this subchapter;
(2) notice and other communications from a governmental body
relating to a violation of health, sanitation, safety, or nuisance
laws on the landlord's property where the dwelling is located,
including notices of:
(A) demands for abatement of nuisances;
(B) repair of a substandard dwelling;
(C) remedy of dangerous conditions;
(D) reimbursement of costs incurred by the governmental body
in curing the violation;
(E) fines; and
(F) service of process.
(b) If the landlord's name and business street address in this
state have not been furnished in writing to the tenant or
government official or employee, the person who collects the rent
from a tenant is the landlord's authorized agent for purposes of
Subsection (a). Title 8, Ch. 92, § 92.207
Additional Enforcement by Local Ordinance:
The duties of a landlord and the remedies of a tenant under
this subchapter are in lieu of the common law, other statutory
law, and local ordinances relating to the disclosure of ownership
and management of a dwelling by a landlord to a tenant. However,
this subchapter does not prohibit the adoption of a local
ordinance that conforms to this subchapter but which contains
additional enforcement provisions. Title 8, Ch. 92, §
92.208 SUBCHAPTER F. SMOKE DETECTORS
Definition:
In this subchapter, "dwelling unit" means a home,
mobile home, duplex unit, apartment unit, condominium unit, or any
dwelling unit in a multiunit residential structure. It also means
a "dwelling" as defined by Section 92.001. Title
8, Ch. 92, § 92.251
Application of Other Law; Municipal Regulation:
(a) 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 regarding a residential landlord's duty
to
install, inspect, or repair a smoke detector in a dwelling
unit. However, this subchapter does not:
(1) affect a local ordinance adopted before September 1, 1981,
that requires landlords to install smoke detectors in new or
remodeled dwelling units before September 1, 1981, if the
ordinance conforms with or is amended to conform with this
subchapter;
(2) limit or prevent adoption or enforcement of a local
ordinance relating to fire safety as a part of a building, fire,
or housing code, including any requirements relating to the
installation of smoke detectors or the type of smoke detectors;
(3) otherwise limit or prevent the adoption of a local
ordinance that conforms to this subchapter but which contains
additional enforcement provisions, except as provided by
Subsection (b); or
(4) affect a local ordinance that requires regular inspections
by local officials of smoke detectors in dwelling units and that
requires smoke detectors to be operational at the time of
inspection.
(b) If a smoke detector powered by battery has been installed
in a dwelling unit built before September 1, 1987, in compliance
with this subchapter and local ordinances, a local ordinance may
not require that a smoke detector powered by alternating current
be installed in the unit
unless:
(1) the interior of the unit is repaired, remodeled, or
rebuilt at a projected cost of more than $2,500 and the repair,
remodeling, or rebuilding requires a municipal building permit;
(2) an addition occurs to the unit at a projected cost of more
than $2,500;
(3) a smoke detector powered by alternating current was
actually installed in the unit at any time prior to September 1,
1987; or
(4) a smoke detector powered by alternating current was
required by lawful city ordinance at the time of initial
construction of the unit. Title 8, Ch. 92, § 92.252
Exemptions:
(a) This subchapter does not apply to:
(1) a dwelling unit that is occupied by its owner, no part of
which is leased to a tenant;
(2) a dwelling unit in a building five or more stories in
height in which smoke detectors are required or regulated by local
ordinance; or
(3) a nursing or convalescent home licensed by the Texas
Department of Health and certified to meet the Life Safety Code
under federal law and regulations.
(b) Notwithstanding this subchapter, a person licensed by the
State Board of Insurance to install fire alarms or fire detection
devices under Article 5.43–2, Insurance Code, shall comply with
that article when installing smoke detectors. Title 8, Ch.
92, § 92.253
Smoke Detector:
(a) A smoke detector must be:
(1) designed to detect both the visible and invisible products
of combustion;
(2) designed with an alarm audible to the bedrooms it serves;
(3) powered by battery, alternating current, or other power
source as required by local ordinance;
(4) tested and listed for use as a smoke detector by
Underwriters Laboratories, Inc., Factory Mutual Research
Corporation, or United States Testing Company, Inc.; and
(5) in good working order.
(b) The power system and installation procedure of a security
device that is electrically operated rather than battery operated
must comply with applicable local ordinances. Title 8, Ch.
92, § 92.254
Installation and Location in New Construction:
(a) Before the first tenant takes possession of a dwelling
unit, the landlord shall install at least one smoke detector
outside, but in the vicinity of, each separate bedroom in the
dwelling unit, except:
(1) if the dwelling unit is designed to use a single room for
dining, living, and sleeping, the smoke detector must be located
inside the room;
(2) if the bedrooms are served by the same corridor, at least
one smoke detector must be installed in the corridor in the
immediate vicinity of the bedrooms; and
(3) if at least one bedroom is located on a level above the
living and cooking area, the smoke detector for the bedrooms must
be placed in the center of the ceiling directly above the top of
the stairway.
(b) In this section, "bedroom" means a room designed
with the intent that it be used for sleeping purposes.
Title 8, Ch. 92, § 92.255
Installation in Units Constructed or Occupied on or
Before September 1, 1981:
(a) If the dwelling unit was occupied as a residence on or
before September 1, 1981, or the building permit for the unit was
issued on or before that date, the landlord shall install at least
one smoke detector in accordance with Sections 92.255 and 92.257
on or before September 1, 1984.
(b) Before September 1, 1984, a tenant may install a
battery-operated smoke detector in the tenant's dwelling unit
without the landlord's prior consent if the installation is made
according to Sections 92.255 and 92.257. When the tenant's lease
terminates, including after a renewal or extension, the tenant may
remove the smoke detector, but the tenant is liable to the
landlord for any unnecessary damages to the dwelling unit caused
by the removal. Title 8, Ch. 92, § 92.256
Installation Procedure:
(a) Subject to Subsections (b) and (c), a smoke detector must
be installed according to the manufacturer's recommended
procedures.
(b) A smoke detector must be installed on a ceiling or wall.
If on a ceiling, it must be no closer than six inches to a wall.
If on a wall, it must be no closer than six inches and no farther
than 12 inches from the ceiling.
(c) A smoke detector may be located other than as required by
Subsection (b) if a local ordinance or a local or state fire
marshal approves. Title 8, Ch. 92, § 92.257
Inspection and Repair:
(a) The landlord shall inspect and repair a smoke detector
according to this section.
(b) The landlord shall determine that the smoke detector is in
good working order at the beginning of the tenant's possession by
testing the smoke detector with smoke, by operating the
testing button on the smoke detector, or by following other
recommended test procedures of the manufacturer for the particular
model.
(c) During the term of a lease or during a renewal or
extension, the landlord has a duty to inspect and repair a smoke
detector, but only if the tenant gives the landlord notice of a
malfunction or requests to the landlord that the smoke detector be
inspected or repaired. This duty does not exist with respect to
damage or a malfunction caused by the tenant, the tenant's family,
or the tenant's guests or invitees during the term of the lease or
a renewal or extension, except that the landlord has a duty to
repair or replace the smoke detector if the tenant pays in advance
the reasonable repair or replacement cost, including labor,
materials, taxes, and overhead.
(d) The landlord must comply with the tenant's request for
inspection or repair within a reasonable time, considering the
availability of material, labor, and utilities.
(e) The landlord has met the duty to inspect and repair if the
smoke detector is in good working order after the landlord tests
the smoke detector with smoke, operates the testing button on the
smoke detector, or follows other recommended test procedures of
the manufacturer for the particular model.
(f) The landlord is not obligated to provide batteries for a
battery-operated smoke detector after a tenant takes possession if
the smoke detector was in good working order at the time the
tenant took possession.
(g) A smoke detector that is in good working order at the
beginning of a tenant's possession is presumed to be in good
working order until the tenant requests repair of the smoke
detector as provided by this subchapter. Title 8, Ch. 92, §
92.258
Landlord's Failure to Install, Inspect, or Repair:
(a) A landlord is liable according to this subchapter if:
(1) the landlord did not install a smoke detector at the time
of initial occupancy by the tenant as required by this subchapter
or a municipal ordinance permitted by this subchapter; or
(2) the landlord does not install, inspect, or repair the
smoke detector on or before the seventh day after the date the
tenant gives the landlord written notice that the tenant may
exercise his remedies under this subchapter if the landlord does
not comply with the request within seven days.
(b) If the tenant gives notice under Subsection (a)(2) and the
tenant's lease is in writing, the lease may require the tenant to
make the initial request for installation, inspection, or repair
in writing. Title 8, Ch. 92, § 92.259
Tenant Remedies:
A tenant of a landlord who is liable under Section 92.259 may
obtain or exercise one or more of the following remedies:
(1) a court order directing the landlord to comply with the
tenant's request if the tenant is in possession of the dwelling
unit;
(2) a judgment against the landlord for damages suffered by
the tenant because of the landlord's violation;
(3) a judgment against the landlord for a civil penalty of one
month's rent plus $100 if the landlord violates Section
92.259(a)(2);
(4) a judgment against the landlord for court costs;
(5) a judgment against the landlord for attorney's fees in an
action under Subdivision (1) or (3); and
(6) unilateral termination of the lease without a court
proceeding if the landlord violates Section 92.259(a)(2).
Title 8, Ch. 92, § 92.260
Landlord's Defenses:
The landlord has a defense to liability under Section 92.259
if:
(1) on the date the tenant gives the notice required by
Section 92.259 the tenant has not paid all rent due from the
tenant; 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 92.258. Title 8, Ch. 92, § 92.261
Tenant's Disabling of a Smoke Detector:
(a) A tenant is liable according to this subchapter if the
tenant removes a battery from a smoke detector without immediately
replacing it with a working battery or knowingly disconnects or
intentionally damages a smoke detector, causing it to malfunction.
(b) Except as provided in Subsection (c), a landlord of a
tenant who is liable under Subsection (a) may obtain a judgment
against the tenant for damages suffered by the landlord because
the tenant removed a battery from a smoke detector without
immediately replacing it with a working battery or knowingly
disconnected or intentionally damaged the smoke detector, causing
it to malfunction.
(c) A tenant is not liable for damages suffered by the
landlord if the damage is caused by the landlord's failure to
repair the smoke detector within a reasonable time after the
tenant requests it to be repaired, considering the availability of
material, labor, and utilities.
(d) A landlord of a tenant who is liable under Subsection (a)
may obtain or exercise one or more of the remedies in Subsection
(e) if:
(1) a lease between the landlord and tenant contains a notice,
in underlined or boldfaced print, which states in substance that
the tenant must not disconnect or intentionally damage a smoke
detector or remove the battery without immediately replacing it
with a working battery and that the tenant may be subject to
damages, civil penalties, and attorney's fees under Section
92.2611 of the Property Code for not complying with the notice;
and
(2) the landlord has given notice to the tenant that the
landlord intends to exercise the landlord's remedies under this
subchapter if the tenant does not reconnect, repair, or replace
the smoke detector or replace the removed battery within seven
days after being notified by the landlord to do so.
The notice in Subdivision (2) must be in a separate
document furnished to the tenant after the landlord has discovered
that the tenant has disconnected or damaged the smoke detector or
removed a battery from it.
(e) If a tenant is liable under Subsection (a) and the
tenant does not comply with the landlord's notice under Subsection
(d), the landlord shall have the following remedies against the
tenant:
(1) a court order directing the tenant to comply with the
landlord's notice;
(2) a judgment against the tenant for a civil penalty of one
month's rent plus $100;
(3) a judgment against the tenant for court costs; and
(4) a judgment against the tenant for reasonable attorney's
fees.
(f) A tenant's guest or invitee who suffers damage because of
a landlord's failure to install, inspect, or repair a smoke
detector as required by this subchapter may recover a judgment
against the landlord for the damage. A tenant's guest or invitee
who suffers damage because the tenant removed a battery without
immediately replacing it with a working battery or because the
tenant knowingly disconnected or intentionally damaged the smoke
detector, causing it to malfunction, may recover a judgment
against the tenant for the damage. Title 8, Ch. 92, §
92.2611
Agents for Delivery of Notice:
A managing or leasing agent, whether residing or maintaining
an office on-site or off-site, is the agent of the landlord for
purposes of notice and other communications required or permitted
by this subchapter. Title 8, Ch. 92, § 92.262
SUBCHAPTER G. UTILITY CUTOFF
Landlord Liability to Tenant for Utility Cutoff:
(a) A landlord who has expressly or impliedly agreed in the
lease to furnish and pay for water, gas, or electric service to
the tenant's dwelling is liable to the tenant if the utility
company has cut off utility service to the tenant's dwelling or
has given written notice to the tenant that such utility service
is about to be cut off because of the landlord's nonpayment of the
utility bill.
(b) If a landlord is liable to the tenant under Subsection (a)
of this section, the tenant may:
(1) pay the utility company money to reconnect or avert the
cutoff of utilities according to this section;
(2) terminate the lease if the termination notice is in
writing and move-out is to be within 30 days from the date the
tenant has notice from the utility company of a future cutoff or
notice of an actual cutoff, whichever is sooner;
(3) deduct from the tenant's rent, without necessity of
judicial action, the amounts paid to the utility company to
reconnect or avert a cutoff;
(4) if the lease is terminated by the tenant, 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
pursuant to law;
(5) if the lease is terminated by the tenant, recover a pro
rata refund of any advance rentals paid from the date of
termination or the date the tenant moves out, whichever is later;
(6) recover actual damages, including but not limited to
moving costs, utility connection fees, storage fees, and lost
wages from work; and
(7) recover court costs and attorney's fees, excluding any
attorney's fees for a cause of action for damages relating to a
personal injury.
(c) When deducting for the tenant's payment of the landlord's
utility bill under this section, the tenant shall submit to the
landlord a copy of a receipt from the utility company which
evidences the amount of payment made by the tenant to reconnect or
avert cutoff of utilities.
(d) The tenant remedies under this section are effective on
the date the tenant has notice from the utility company of a
future cutoff or notice of an actual cutoff, whichever is sooner.
However, the tenant's remedies under this section shall cease if:
(1) the landlord provides the tenant with written evidence
from the utility that all delinquent sums due the utility have
been paid in full; and
(2) at the time the tenant receives such evidence, the tenant
has not yet terminated the lease or filed suit under this section.
Title 8, Ch. 92, § 92.301
SUBCHAPTER H. RETALIATION
Retaliation by Landlord:
(a) A landlord may not retaliate against a tenant by taking an
action described by Subsection
(b) because the tenant:
(1) in good faith exercises or attempts to exercise against a
landlord a right or remedy granted to the tenant by lease,
municipal ordinance, or federal or state statute;
(2) gives a landlord a notice to repair or exercise a remedy
under this chapter; or
(3) complains to a governmental entity responsible for
enforcing building or housing codes, a public utility, or a civic
or nonprofit agency, and the tenant:
(A) claims a building or housing code violation or utility
problem; and
(B) believes in good faith that the complaint is valid and
that the violation or problem occurred.
(b) A landlord may not, within six months after the date of
the tenant's action under Subsection (a), retaliate against the
tenant by:
(1) filing an eviction proceeding, except for the grounds
stated by Section 92.332;
(2) depriving the tenant of the use of the premises, except
for reasons authorized by law;
(3) decreasing services to the tenant;
(4) increasing the tenant's rent or terminating the tenant's
lease; or
(5) engaging, in bad faith, in a course of conduct that
materially interferes with the tenant's
rights under the tenant's lease. Title 8, Ch. 92, §
92.331
Redesignated from V.T.C.A., Property Code § 92.057(a) and
amended by Acts 1995, 74th Leg., ch. 869, § 5, eff. Jan. 1, 1996.
Nonretaliation:
(a) The landlord is not liable for retaliation under this
subchapter if the landlord proves that the action was not made for
purposes of retaliation, nor is the landlord liable, unless the
action violates a prior court order under Section 92.0563, for:
(1) increasing rent under an escalation clause in a written
lease for utilities, taxes, or insurance; or
(2) increasing rent or reducing services as part of a pattern
of rent increases or service reductions for an entire
multidwelling project.
(b) An eviction or lease termination based on the following
circumstances, which are valid grounds for eviction or lease
termination in any event, does not constitute retaliation:
(1) the tenant is delinquent in rent when the landlord gives
notice to vacate or files an eviction action;
(2) the tenant, a member of the tenant's family, or a guest or
invitee of the tenant intentionally damages property on the
premises or by word or conduct threatens the personal safety of
the landlord, the landlord's employees, or another tenant;
(3) the tenant has materially breached the lease, other than
by holding over, by an action such as violating written lease
provisions prohibiting serious misconduct or criminal acts, except
as provided by this section;
(4) the tenant holds over after giving notice of termination
or intent to vacate;
(5) the tenant holds over after the landlord gives notice of
termination at the end of the rental term and the tenant does not
take action under Section 92.331 until after the landlord gives
notice of termination; or
(6) the tenant holds over and the landlord's notice of
termination is motivated by a good faith belief that the tenant, a
member of the tenant's family, or a guest or invitee of the tenant
might:
(A) adversely affect the quiet enjoyment by other tenants or
neighbors;
(B) materially affect the health or safety of the landlord,
other tenants, or neighbors; or
(C) damage the property of the landlord, other tenants, or
neighbors. Title 8, Ch. 92, § 92.332
Redesignated from V.T.C.A., Property Code § 92.057(b), (c)
and amended by Acts 1995, 74th Leg., ch. 869, § 5, eff. Jan. 1,
1996.
Tenant Remedies:
In addition to other remedies provided by law, if a landlord
retaliates against a tenant under this subchapter, the tenant may
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 for recovery of property damages, moving costs,
actual expenses, civil penalties, or declaratory or injunctive
relief, less any delinquent rents or other sums for which the
tenant is liable to the landlord. If the tenant's rent payment to
the landlord is subsidized in whole or in part by a governmental
entity, the civil penalty granted under this section shall reflect
the fair market rent of the dwelling plus $500. Title 8, Ch.
92, § 92.333
Redesignated from V.T.C.A., Property Code § 92.057(d) and
amended by Acts 1995, 74th Leg., ch. 869, § 5, eff. Jan. 1, 1996.
Invalid Complaints:
(a) If a tenant files or prosecutes a suit for retaliatory
action based on a complaint asserted under Section 92.331(a)(3),
and the government building or housing inspector or utility
company representative visits the premises and determines in
writing that a violation of a building or housing
code does not exist or that a utility problem does not exist,
there is a rebuttable presumption that the tenant acted in bad
faith.
(b) If a tenant files or prosecutes a suit under this
subchapter in bad faith, the landlord may recover possession of
the dwelling unit and may recover from the tenant a civil penalty
of one month's rent plus $500, court costs, and reasonable
attorney's fees. If the tenant's rent payment to
the landlord is subsidized in whole or in part by a
governmental entity, the civil penalty granted under this section
shall reflect the fair market rent of the dwelling plus $500.
Title 8, Ch. 92, § 92.334
Added by Acts 1995, 74th Leg., ch. 869, § 5, eff. Jan. 1,
1996.
Eviction Suits:
In an eviction suit, retaliation by the landlord under Section
92.331 is a defense and a rent deduction lawfully made by the
tenant under this chapter is a defense for nonpayment of the rent
to the extent allowed by this chapter. Other judicial actions
under this chapter may not be joined with an eviction suit or
asserted as a defense or crossclaim in an eviction suit.
Title 8, Ch. 92, § 92.335
Acts 1983, 68th Leg., p. 3638, ch. 576, § 1, eff. Jan. 1,
1984. Amended by Acts 1989, 71st Leg., ch. 650, § 11, eff. Aug.
28, 1989.
Renumbered from V.T.C.A., Property Code § 92.059 and
amended by Acts 1995, 74th Leg., ch. 869, § 5, eff. Jan. 1, 1996.
SUBCHAPTER I. RENTAL APPLICATION DEPOSITS
Definitions:
For purposes of this subchapter:
(1) "Application deposit" means a sum of money that
is given to the landlord in connection with a rental application
and that is refundable to the applicant if the applicant is
rejected as a tenant.
(2) "Applicant" or "rental applicant"
means a person who makes an application to a landlord for rental
of a dwelling.
(3) "Co-applicant" means a person who makes an
application for rental of a dwelling with other applicants and who
plans to live in the dwelling with other applicants.
(4) "Deposited" means deposited in an account of the
landlord or the landlord's agent in a bank or other financial
institution.
(5) "Landlord" means a prospective landlord to whom
a person makes application for rental of a dwelling.
(6) "Required date" means the required date for any
acceptance of the applicant under Section 92.352. Title 8,
Ch. 92, § 92.351
Rejection of Applicant:
(a) The applicant is deemed rejected by the landlord if the
landlord does not give notice of acceptance of the applicant on or
before the seventh day after the:
(1) date the applicant submits a completed rental application
to the landlord on an application form furnished by the landlord;
or
(2) date the landlord accepts an application deposit if the
landlord does not furnish the applicant an application form.
(b) A landlord's rejection of one co-applicant shall be deemed
as a rejection of all co-applicants. Title 8, Ch. 92, §
92.352
Procedures for Notice or Refund:
(a) Except as provided in Subsection (b), a landlord is
presumed to have given notice of an applicant's acceptance or
rejection if the notice is by:
(1) telephone to the applicant, co-applicant, or a person
living with the applicant or co-applicant on or before the
required date; or
(2) United States mail, addressed to the applicant and
postmarked on or before the required date.
(b) If a rental applicant requests that any acceptance of the
applicant or any refund of the applicant's application deposit be
mailed to the applicant, the landlord must mail the refund check
to the applicant at the address furnished by the applicant.
(c) If the date of required notice of acceptance or required
refund of an application deposit is a Saturday, Sunday, or state
or federal holiday, the required date shall be extended to the end
of the next day following the Saturday, Sunday, or holiday.
Title 8, Ch. 92, § 92.353
Liability of Landlord:
A landlord who in bad faith fails to refund an application
deposit in violation of this subchapter is liable for an amount
equal to the sum of $100, three times the amount of the
application deposit, and the applicant's reasonable attorney's
fees in a suit to recover the deposit. Title 8, Ch. 92, §
92.354
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