Texas Property Code - Section 92.258. Inspection And Repair
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Texas Laws > Property Code > Texas Property Code - Section 92.258. Inspection And Repair
Section: 92.251 92.252 92.253 92.254 92.255 92.256 92.257 92.258 92.259 92.260 92.261 92.2611 92.262 92.301 92.331
§ 92.258. 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
(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.
Acts 1983, 68th Leg., p. 3651, ch. 576, § 1, eff. Jan. 1, 1984.
Amended by Acts 1993, 73rd Leg., ch. 48, § 19, eff. Sept. 1,
1993; Acts 1995, 74th Leg., ch. 869, § 7, eff. Sept. 1, 1995;
Acts 1995, 74th Leg., ch. 918, § 1, eff. Sept. 1, 1995.
Last modified: August 11, 2007