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Texas Property Code - Chapter 92 Residential TenanciesLegal Research Home > Texas Lawyer > Property Code > Texas Property Code - Chapter 92 Residential Tenancies Sponsored LinksExcept as otherwise provided by this chapter, in this chapter: (1) "Dwelling" means one or more rooms rented for use as a permanent residence under ... This chapter applies only to the relationship between landlords and tenants of residential rental property. Acts 1983, 68th Leg., p. 3631, ch. 576, § 1, ... (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 ... 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 ... (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 ... (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 ... Venue for an action under this chapter is governed by Section 15.0115, Civil Practice and Remedies Code. Acts 1983, 68th Leg., p. 3632, ch. 576, ... (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) A landlord may not remove a door, window, or attic hatchway cover or a lock, latch, hinge, hinge pin, doorknob, or other mechanism connected ... (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 ... (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 ... (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 ... (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 ... Text of subsec. (a) effective until January 1, 2006 (a) A landlord shall give prior written notice to a tenant regarding a landlord rule or ... (a) This section applies only to a tenant in a multiunit complex, as that term is defined by Section 92.151. (b) If at the time ... (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 ... (a) A landlord may not: (1) prohibit or limit a residential tenant's right to summon police or other emergency assistance in response to family violence; ... Text of section as added by Acts 2005, 79th Leg., ch. 1344, § 1 (a) In this section, "governmental entity" means the state, an ... Text of section as added by Acts 2005, 79th Leg., ch. 348, § 1 (a) For purposes of this section: (1) "Family violence" has the ... (a) For purposes of this section, " dependent," "military service," and "servicemember" have the meanings assigned by 50 App. U.S.C. Section 511. (b) A tenant ... This subchapter applies to a lease executed, entered into, renewed, or extended on or after September 1, 1979. Acts 1983, 68th Leg., p. 3632, ch. ... (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 ... (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 ... (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 ... (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 ... (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 ... (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 ... (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 ... (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 ... (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 ... 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 ... 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 ... This subchapter applies to all residential leases. Acts 1983, 68th Leg., p. 3639, ch. 576, § 1, eff. Jan. 1, 1984. Amended by Acts 1995, ... 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 ... (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 ... (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 ... (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 ... 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 ... (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 ... The landlord shall keep accurate records of all security deposits. Acts 1983, 68th Leg., p. 3641, ch. 576, § 1, eff. Jan. 1, 1984. ... (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 ... (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 ... (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 ... 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 ... (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 ... (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 ... (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 ... 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 ... (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 ... (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 ... 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 ... 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 ... 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 ... (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 ... (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 ... 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 ... (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 ... The landlord has a defense to liability under Section 92.164 if: (1) the tenant has not fully paid all rent then due from the tenant ... 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 ... (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 ... (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 ... 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 ... 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 duties of a landlord and the remedies of a tenant under this subchapter are in lieu of common law, other statutory law, and local ... (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) ... (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 ... 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 ... 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) ... (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 ... 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 ... (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) ... 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 ... 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. ... (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 ... (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 ... (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 ... (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 ... (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 ... (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 ... (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 ... (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 ... 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 ... 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 ... (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 ... 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 ... (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 ... (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 ... (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, ... 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) 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 ... 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 ... 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 ... (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 ... (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 ... 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 ... Last modified: August 11, 2007 |