Texas Property Code - Section 92.2611. Tenant's Disabling Of A Smoke Detector
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§ 92.2611. 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.
Added by Acts 1995, 74th Leg., ch. 869, § 10, eff. Sept. 1, 1995;
Acts 1995, 74th Leg., ch. 918, § 4, eff. Sept. 1, 1995; Acts
1997, 75th Leg., ch. 165, § 28.01, eff. Sept. 1, 1997.
Section: 92.255 92.256 92.257 92.258 92.259 92.260 92.261 92.2611 92.262 92.301 92.331 92.332 92.333 92.334 92.335
Last modified: August 11, 2007
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