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Texas Property Code - Section 92.258. Inspection And Repair

Legal Research Home > Texas Laws > Property Code > Texas Property Code - Section 92.258. Inspection And Repair

§ 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 
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.

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