Texas Property Code - Section 92.056. Landlord Liability And Tenant Remedies; Notice And Time For Repair
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§ 92.056. LANDLORD LIABILITY AND TENANT REMEDIES; NOTICE
AND TIME FOR REPAIR. (a) A landlord's liability under this section
is subject to Section 92.052(b) regarding conditions that are
caused by a tenant and Section 92.054 regarding conditions that are
insured casualties.
(b) A landlord is liable to a tenant as provided by this
subchapter if:
(1) the tenant has given the landlord notice to repair
or remedy a condition by giving that notice to the person to whom or
to the place where the tenant's rent is normally paid;
(2) the condition materially affects the physical
health or safety of an ordinary tenant;
(3) the tenant has given the landlord a subsequent
written notice to repair or remedy the condition after a reasonable
time to repair or remedy the condition following the notice given
under Subdivision (1) or the tenant has given the notice under
Subdivision (1) by sending that notice by certified mail, return
receipt requested, or by registered mail;
(4) the landlord has had a reasonable time to repair or
remedy the condition after the landlord received the tenant's
notice under Subdivision (1) and, if applicable, the tenant's
subsequent notice under Subdivision (3);
(5) the landlord has not made a diligent effort to
repair or remedy the condition after the landlord received the
tenant's notice under Subdivision (1) and, if applicable, the
tenant's notice under Subdivision (3); and
(6) the tenant was not delinquent in the payment of
rent at the time any notice required by this subsection was given.
(c) For purposes of Subsection (b)(4) or (5), a landlord is
considered to have received the tenant's notice when the landlord
or the landlord's agent or employee has actually received the
notice or when the United States Postal Service has attempted to
deliver the notice to the landlord.
(d) For purposes of Subsection (b)(3) or (4), in determining
whether a period of time is a reasonable time to repair or remedy a
condition, there is a rebuttable presumption that seven days is a
reasonable time. To rebut that presumption, the date on which the
landlord received the tenant's notice, the severity and nature of
the condition, and the reasonable availability of materials and
labor and of utilities from a utility company must be considered.
(e) Except as provided in Subsection (f), a tenant to whom a
landlord is liable under Subsection (b) of this section may:
(1) terminate the lease;
(2) have the condition repaired or remedied according
to Section 92.0561;
(3) deduct from the tenant's rent, without necessity
of judicial action, the cost of the repair or remedy according to
Section 92.0561; and
(4) obtain judicial remedies according to Section
92.0563.
(f) A tenant who elects to terminate the lease under
Subsection (e) is:
(1) entitled to a pro rata refund of rent from the date
of termination or the date the tenant moves out, whichever is later;
(2) entitled to deduct the tenant's security deposit
from the tenant's rent without necessity of lawsuit or obtain a
refund of the tenant's security deposit according to law; and
(3) not entitled to the other repair and deduct
remedies under Section 92.0561 or the judicial remedies under
Subdivisions (1) and (2) of Subsection (a) of Section 92.0563.
Acts 1983, 68th Leg., p. 3635, ch. 576, § 1, eff. Jan. 1, 1984.
Amended by Acts 1989, 71st Leg., ch. 650, § 5, eff. Aug. 28,
1989; Acts 1997, 75th Leg., ch. 1205, § 11, eff. Jan. 1, 1998.
Section: 92.016 92.017 92.051 92.052 92.053 92.054 92.055 92.056 92.0561 92.0562 92.0563 92.058 92.060 92.061 92.101
Last modified: August 11, 2007
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