Texas Property Code Title 8, Chapter 92 - Residential Tenancies

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 92.001 - Definitions
  Except as otherwise provided by this chapter, in this chapter: (1) "Dwelling" means one or more rooms rented for use as a permanent residence under...
• Texas Section 92.002 - Application
  This chapter applies only to the relationship between landlords and tenants of residential rental property. Acts 1983, 68th Leg., p. 3631, ch. 576, Sec. 1,...
• Texas Section 92.003 - Landlord's Agent For Service Of Process
  (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...
• Texas Section 92.004 - Harassment
  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...
• Texas Section 92.005 - Attorney's Fees
  (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...
• Texas Section 92.006 - Waiver Or Expansion Of Duties And Remedies
  (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...
• Texas Section 92.007 - Venue
  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,...
• Texas Section 92.008 - Interruption Of Utilities
  (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...
• Texas Section 92.0081 - Removal Of Property And Exclusion Of Residential Tenant
  (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...
• Texas Section 92.009 - Residential Tenant's Right Of Reentry After Unlawful Lockout
  (a) If a landlord has locked a tenant out of leased premises in violation of Section 92.0081, the tenant may recover possession of the premises...
• Texas Section 92.0091 - Residential Tenant's Right Of Restoration After Unlawful Utility Disconnection
  (a) If a landlord has interrupted utility service in violation of Section 92.008, the tenant may obtain relief as provided by this section. (b) The...
• Texas Section 92.010 - Occupancy Limits
  (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...
• Texas Section 92.011 - Cash Rental Payments
  (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...
• Texas Section 92.012 - Notice To Tenant At Primary Residence
  (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...
• Texas Section 92.013 - Notice Of Rule Or Policy Change Affecting Tenant's Personal Property
  (a) A landlord shall give prior written notice to a tenant regarding a landlord rule or policy change that is not included in the lease...
• Texas Section 92.0131 - Notice Regarding Vehicle Towing Or Parking Rules Or Policies
  (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...
• Texas Section 92.014 - Personal Property And Security Deposit Of Deceased Tenant
  (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...
• Texas Section 92.015 - Tenant's Right To Summon Police Or Emergency Assistance
  (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;...
• Texas Section 92.016 - Right To Vacate And Avoid Liability Following Family Violence
  (a) For purposes of this section: (1) "Family violence" has the meaning assigned by Section 71.004, Family Code. (2) "Occupant" means a person who has...
• Texas Section 92.0161 - Right To Vacate And Avoid Liability Following Certain Sex Offenses Or Stalking
  (a) In this section, "occupant" has the meaning assigned by Section 92.016. (b) A tenant may terminate the tenant's rights and obligations under a lease...
• Texas Section 92.017 - Right To Vacate And Avoid Liability Following Certain Decisions Related To Military Service
  (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 who...
• Texas Section 92.018 - Liability Of Tenant For Governmental Fines
  (a) In this section, "governmental entity" means the state, an agency of the state, or a political subdivision of the state. (b) A landlord or...
• Texas Section 92.019 - Late Payment Of Rent; Fees
  (a) A landlord may not charge a tenant a late fee for failing to pay rent unless: (1) notice of the fee is included in...
• Texas Section 92.020 - Emergency Phone Number
  (a) A landlord that has an on-site management or superintendent's office for a residential rental property must provide to a tenant a telephone number that...
• Texas Section 92.021 - Liability Of Certain Guarantors Under Lease
  (a) A person other than a tenant who guarantees a lease is liable only for the original lease term except that a person may specify...
• Texas Section 92.023 - Tenant's Remedies Regarding Revocation Of Certificate Of Occupancy
  If a municipality or a county revokes a certificate of occupancy for a leased premises because of the landlord's failure to maintain the premises, the...
• Texas Section 92.024 - Landlord's Duty To Provide Copy Of Lease
  (a) Not later than the third business day after the date the lease is signed by each party to the lease, a landlord shall provide...

SUBCHAPTER B REPAIR OR CLOSING OF LEASEHOLD

• Texas Section 92.025 - Liability For Leasing To Person With Criminal Record
  (a) A cause of action does not accrue against a landlord or a landlord's manager or agent solely for leasing a dwelling to a tenant...
• Texas Section 92.051 - Application
  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....
• Texas Section 92.052 - Landlord's Duty To Repair Or Remedy
  (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...
• Texas Section 92.053 - Burden Of Proof
  (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...
• Texas Section 92.054 - Casualty Loss
  (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...
• Texas Section 92.055 - Closing The Rental Premises
  (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...
• Texas Section 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...
• Texas Section 92.0561 - Tenant's Repair And Deduct Remedies
  (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...
• Texas Section 92.0562 - Landlord Affidavit For Delay
  (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...
• Texas Section 92.0563 - Tenant's Judicial Remedies
  (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...
• Texas Section 92.058 - Landlord Remedy For Tenant Violation
  (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...
• Texas Section 92.060 - Agents For Delivery Of Notice
  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...
• Texas Section 92.061 - Effect On Other Rights
  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...

SUBCHAPTER C SECURITY DEPOSITS

• Texas Section 92.062 - Lease Term After Natural Disaster
  If a rental premises is, as a practical matter, totally unusable for residential purposes as a result of a natural disaster such as a hurricane,...
• Texas Section 92.101 - Application
  This subchapter applies to all residential leases. Acts 1983, 68th Leg., p. 3639, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1995,...
• Texas Section 92.102 - Security Deposit
  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...
• Texas Section 92.103 - Obligation To Refund
  (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...
• Texas Section 92.1031 - Conditions For Retention Of Security Deposit Or Rent Prepayment
  (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...
• Texas Section 92.104 - Retention Of Security Deposit; Accounting
  (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...
• Texas Section 92.1041 - Presumption Of Refund Or Accounting
  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...
• Texas Section 92.105 - Cessation Of Owner's Interest
  (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...
• Texas Section 92.106 - Records
  The landlord shall keep accurate records of all security deposits. Acts 1983, 68th Leg., p. 3641, ch. 576, Sec. 1, eff. Jan. 1, 1984.
• Texas Section 92.107 - Tenant's Forwarding Address
  (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...
• Texas Section 92.108 - Liability For Withholding Last Month's Rent
  (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...
• Texas Section 92.109 - Liability Of Landlord
  (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...

SUBCHAPTER D SECURITY DEVICES

• Texas Section 92.110 - Lease Without Security Deposit; Required Notice
  (a) If a security deposit was not required by a residential lease and the tenant is liable for damages and charges on surrender of the...
• Texas Section 92.151 - Definitions
  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...
• Texas Section 92.152 - Application Of Subchapter
  (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...
• Texas Section 92.153 - Security Devices Required Without Necessity Of Tenant Request
  (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...
• Texas Section 92.154 - Height, Strike Plate, And Throw Requirements--keyed Dead Bolt Or Keyless Bolting Device
  (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...
• Texas Section 92.155 - Height Requirements--sliding Door Security Devices
  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...
• Texas Section 92.156 - Rekeying Or Change Of Security Devices
  (a) Except as otherwise provided by Subsection (e), a security device operated by a key, card, or combination shall be rekeyed by the landlord at...
• Texas Section 92.157 - Security Devices Requested By Tenant
  (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...
• Texas Section 92.158 - Landlord's Duty To Repair Or Replace Security Device
  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...
• Texas Section 92.159 - When Tenant's Request Or Notice Must Be In Writing
  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...
• Texas Section 92.160 - Type, Brand, And Manner Of Installation
  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...
• Texas Section 92.161 - Compliance With Tenant Request Required Within Reasonable Time
  (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...
• Texas Section 92.162 - Payment Of Charges; Limits On Amount Charged
  (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...
• Texas Section 92.163 - Removal Or Alteration Of Security Device By Tenant
  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...
• Texas Section 92.164 - Tenant Remedies For Landlord's Failure To Install Or Rekey Certain Security Devices
  (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...
• Texas Section 92.1641 - Landlord's Defenses Relating To Installing Or Rekeying Certain Security Devices
  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...
• Texas Section 92.165 - Tenant Remedies For Other Landlord Violations
  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...
• Texas Section 92.166 - Notice Of Tenant's Deduction Of Repair Costs From Rent
  (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...
• Texas Section 92.167 - Landlord's Defenses Relating To Compliance With Tenant's Request
  (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...
• Texas Section 92.168 - Tenant's Remedy On Notice From Management Company
  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...
• Texas Section 92.169 - Agent For Delivery Of Notice
  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...

SUBCHAPTER E DISCLOSURE OF OWNERSHIP AND MANAGEMENT

• Texas Section 92.170 - Effect On Other Landlord Duties And Tenant Remedies
  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...
• Texas Section 92.201 - Disclosure Of Ownership And Management
  (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)...
• Texas Section 92.202 - Landlord's Failure To Disclose Information
  (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...
• Texas Section 92.203 - Landlord's Failure To Correct Information
  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...
• Texas Section 92.204 - Bad Faith Violation
  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)...
• Texas Section 92.205 - Remedies
  (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...
• Texas Section 92.206 - Landlord's Defense
  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...
• Texas Section 92.207 - Agents For Delivery Of 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)...

SUBCHAPTER F SMOKE ALARMS AND FIRE EXTINGUISHERS

• Texas Section 92.208 - Additional Enforcement By Local Ordinance
  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...
• Texas Section 92.251 - Definitions
  In this subchapter: (1) "Bedroom" means a room designed with the intent that it be used for sleeping purposes. (2) "Dwelling unit" means a home,...
• Texas Section 92.252 - Application Of Other Law; Municipal Regulation
  (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...
• Texas Section 92.253 - Exemptions
  (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...
• Texas Section 92.254 - Smoke Alarm
  (a) A smoke alarm must be: (1) designed to detect both the visible and invisible products of combustion; (2) designed with an alarm audible to...
• Texas Section 92.255 - Installation And Location
  (a) A landlord shall install at least one smoke alarm in each separate bedroom in a dwelling unit. In addition: (1) if the dwelling unit...
• Texas Section 92.257 - Installation Procedure
  (a) Subject to Subsections (b) and (c), a smoke alarm must be installed according to the manufacturer's recommended procedures. (b) A smoke alarm must be...
• Texas Section 92.2571 - Alternative Compliance
  A landlord complies with the requirements of this subchapter relating to the provision of smoke alarms in the dwelling unit if the landlord: (1) has...
• Texas Section 92.258 - Inspection And Repair
  (a) The landlord shall inspect and repair a smoke alarm according to this section. (b) The landlord shall determine that the smoke alarm is in...
• Texas Section 92.259 - Landlord's Failure To Install, Inspect, Or Repair
  (a) A landlord is liable according to this subchapter if: (1) the landlord did not install a smoke alarm at the time of initial occupancy...
• Texas Section 92.260 - Tenant Remedies
  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...
• Texas Section 92.261 - Landlord's Defenses
  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...
• Texas Section 92.2611 - Tenant's Disabling Of A Smoke Alarm
  (a) A tenant is liable according to this subchapter if the tenant removes a battery from a smoke alarm without immediately replacing it with a...
• Texas Section 92.262 - Agents For Delivery Of Notice
  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...
• Texas Section 92.263 - Inspection Of Residential Fire Extinguisher
  (a) If a landlord has installed a 1A10BC residential fire extinguisher as defined by the National Fire Protection Association or other non-rechargeable fire extinguisher in...

SUBCHAPTER G UTILITY CUTOFF

• Texas Section 92.264 - Duty To Repair Or Replace
  (a) The landlord shall repair or replace a fire extinguisher at the landlord's expense if: (1) on inspection, the fire extinguisher is found: (A) not...
• Texas Section 92.301 - Landlord Liability To Tenant For Utility Cutoff
  (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...

SUBCHAPTER H RETALIATION

• Texas Section 92.302 - Notice Of Utility Disconnection Of Nonsubmetered Master Metered Multifamily Property To Municipalities, Owners, And Tenants
  (a) In this section: (1) "Customer" means a person who is responsible for bills received for electric utility service or gas utility service provided to...
• Texas Section 92.331 - Retaliation By Landlord
  (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...
• Texas Section 92.332 - Nonretaliation
  (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,...
• Texas Section 92.333 - Tenant Remedies
  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...
• Texas Section 92.334 - Invalid Complaints
  (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...

SUBCHAPTER I RENTAL APPLICATION

• Texas Section 92.335 - Eviction Suits
  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...
• Texas Section 92.351 - Definitions
  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...
• Texas Section 92.3515 - Notice Of Eligibility Requirements
  (a) At the time an applicant is provided with a rental application, the landlord shall make available to the applicant printed notice of the landlord's...
• Texas Section 92.352 - Rejection Of Applicant
  (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...
• Texas Section 92.353 - Procedures For Notice Or Refund
  (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...
• Texas Section 92.354 - Liability Of Landlord
  A landlord who in bad faith fails to refund an application fee or deposit in violation of this subchapter is liable for an amount equal...
• Texas Section 92.355 - Waiver
  A provision of a rental application that purports to waive a right or exempt a party from a liability or duty under this subchapter is...

Last modified: September 28, 2016