texas property code tenants in common

588 (S.B. Acts 2013, 83rd Leg., R.S., Ch. 92.158 and amended 2001, 77th Leg., ch. Texas law recognizes three forms of cotenancy: community property, joint tenants with the right of survivorship (JTWS), and tenants in common (TIC). 92.155. Aug. 28, 1989. DUTY TO REPAIR OR REPLACE. The fee for service of a show cause order is the same as that for service of a civil citation. A management company, managing agent, or on-site manager may reimburse itself for the costs from the owner's funds in its possession or control. A reasonable time for purposes of this subsection is presumed to be not later than the seventh day after the date a tenant's advance payment is received by the landlord, except as provided by Subsection (c). 7, eff. 5, eff. 2, eff. Texas is one of nine states that is a community property jurisdiction. 189 (S.B. Renumbered from Sec. 918, Sec. Jan. 1, 1996. (2) 48 inches from the floor, if installed on or after September 1, 1993. This defense includes the . Amended by: Acts 2009, 81st Leg . If the insurance company has already paid the landlord for the invalidated claim, the landlord shall return the payment. AGENTS FOR DELIVERY OF NOTICE. Sec. Sept. 1, 1993; Acts 1995, 74th Leg., ch. (b) The tenant must file with the justice court in the precinct in which the rental premises are located a sworn complaint for reentry, specifying the facts of the alleged unlawful lockout by the landlord or the landlord's agent. TITLE 4. 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 under this subchapter, the refund or accounting is placed in the United States mail and postmarked on or before the required date. (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 condition; (2) an order reducing the tenant's rent, from the date of the first repair notice, in proportion to the reduced rental value resulting from the condition until the condition is repaired or remedied; (3) a judgment against the landlord for a civil penalty of one month's rent plus $500; (4) a judgment against the landlord for the amount of the tenant's actual damages; and. September 1, 2021. Yes. 1, eff. 12, eff. CONDOMINIUMS. (4) a judgment against the landlord for court costs and attorney's fees. However, tenants may own unequal shares -- one tenant may own 1/3 of it, for example, and one tenant may own 2/3, which can become relevant in the . Amended by Acts 1993, 73rd Leg., ch. 92.202. 17.001(64), eff. (k) The fee for filing a sworn complaint for restoration of utility service is the same as that for filing a civil action in justice court. . APPLICATION. (2) after the tenant moves out the landlord will either immediately demolish the rental unit or no longer use the unit for residential purposes. Acts 1983, 68th Leg., p. 3640, ch. (2) a copy of an appropriate government document providing evidence of the tenant's entrance into military service if Subsection (b)(1) applies or a copy of the servicemember's military orders if Subsection (b)(2) applies. (b) A landlord may not, within six months after the date of the tenant's action under Subsection (a), retaliate against the tenant by: (1) filing an eviction proceeding, except for the grounds stated by Section 92.332; (2) depriving the tenant of the use of the premises, except for reasons authorized by law; (4) increasing the tenant's rent or terminating the tenant's lease; or. When a new tenant arrives, all security devices in the building must be rekeyed. SECURITY DEVICES REQUESTED BY TENANT. Sec. This means that if the property is real estate, no tenant can exclude any other tenant from any part of the property. The affidavit must state facts showing that the landlord has made and is making diligent efforts to repair the condition, and it must contain dates, names, addresses, and telephone numbers of contractors, suppliers, and repairmen contacted by the owner. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING CERTAIN SEX OFFENSES OR STALKING. (2) impose monetary or other penalties on a tenant who summons police or emergency assistance if the assistance was requested or dispatched based on the tenant's reasonable belief that an individual was in need of intervention or emergency assistance. (g) If the landlord is liable to the tenant under Section 92.056 and if a new landlord, in good faith and without knowledge of the tenant's notice of intent to repair, has acquired title to the tenant's dwelling by foreclosure, deed in lieu of foreclosure, or general warranty deed in a bona fide purchase, then the following shall apply: (1) The tenant's right to terminate the lease under this subchapter shall not be affected, and the tenant shall have no duty to give additional notice to the new 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 to the sum of $100, three times the amount wrongfully retained, and the applicant's reasonable attorney's fees. (c) Repairs and deductions under this section may be made as often as necessary so long as the total repairs and deductions in any one month do not exceed one month's rent or $500, whichever is greater. Acts 1983, 68th Leg., p. 3648, ch. 1399), Sec. Jan. 1, 1984. UNIFORM CONDOMINIUM ACT. The fee for service of a writ of restoration of utility service is the same as that for service of a writ of possession. 92.012. Sec. PARTITION. 1, eff. In this article, I will focus on TIC. January 1, 2014. Jan. 1, 1996. The term "keyless bolting device" does not include a chain latch, flip latch, surface-mounted slide bolt, mortise door bolt, surface-mounted barrel bolt, surface-mounted swing bar door guard, spring-loaded nightlatch, foot bolt, or other lock or latch; or. Renumbered from Property Code Sec. 942, Sec. Acts 2015, 84th Leg., R.S., Ch. Jan. 1, 1984. Sept. 1, 2001. 92.103. 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 secure performance under a lease of a dwelling that has been entered into by a landlord and a tenant. (d) The writ of restoration of utility service must be served on either the landlord or the landlord's management company, on-premises manager, or rent collector in the same manner as a writ of possession in a forcible detainer suit. (d) The tenant's notice under Subsection (a) must be in writing only if the tenant's lease is in writing and requires written notice. (g) A tenant who terminates a lease under Subsection (b) is released from all liability for any delinquent, unpaid rent owed to the landlord by the tenant on the effective date of the lease termination if the lease does not contain language substantially equivalent to the following: "Tenants may have special statutory rights to terminate the lease early in certain situations involving certain sexual offenses or stalking.". SMOKE ALARM. Acts 1983, 68th Leg., p. 3633, ch. Acts 2015, 84th Leg., R.S., Ch. (b) The landlord shall determine that the smoke alarm is in good working order at the beginning of the tenant's possession by testing the smoke alarm with smoke, by operating the testing button on the smoke alarm, or by following other recommended test procedures of the manufacturer for the particular model. 31.01(71), eff. Joint Tenancies And Tenancies In Common In Texas. (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 liable for the return of security deposits according to this subchapter from the date title to the premises is acquired. 801, Sec. 92.164. Aug. 31, 1987. (e) A landlord, not later than the 30th day after the effective date of the termination of a lease under this section, shall refund to the residential tenant terminating the lease under Subsection (b) all rent or other amounts paid in advance under the lease for any period after the effective date of the termination of the lease. Aug. 31, 1987. (2) if an adult whose occupancy causes a violation of Subsection (a) is seeking temporary sanctuary from family violence, as defined by Section 71.004, Family Code, for a period that does not exceed one month. (b) The affidavit must summarize the reasons for the delay and the diligent efforts made by the landlord up to the date of the affidavit to get the repairs done. (b) Unless the condition was caused by normal wear and tear, the landlord does not have a duty during the lease term or a renewal or extension to repair or remedy a condition caused by: (2) a lawful occupant in the tenant's dwelling; (3) a member of the tenant's family; or. 650, Sec. If the landlord's employees perform the work, the charge may include a reasonable amount for overhead but may not include a profit to the landlord. 92.169. 92.333 by Acts 1997, 75th Leg., ch. (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 employee makes a request for information under Section 92.201, the landlord does not provide the information; and. Sept. 1, 1993. 4, eff. Acts 1983, 68th Leg., p. 3631, ch. (B) a doorknob lock that contains a bolt with at least a one-inch throw. (a) For purposes of this section: (1) "Family violence" has the meaning assigned by Section 71.004, Family Code. HEIGHT REQUIREMENTS--SLIDING DOOR SECURITY DEVICES. 1051 (H.B. (2) failing to correct information given under Section 92.201(b)(1) or (2) or Section 92.201(d) that the landlord knows is incorrect. (d) A tenant may exercise the rights to terminate the lease under Subsection (b), vacate the dwelling before the end of the lease term, and avoid liability beginning on the date after all of the following events have occurred: (1) the tenant provides a copy of the relevant documentation described by Subsection (c) or (c-1) to the landlord; (2) the tenant provides written notice of termination of the lease to the landlord on or before the 30th day before the date the lease terminates; (3) the 30th day after the date the tenant provided notice under Subdivision (2) expires; and. (D) the agreement is made knowingly, voluntarily, and for consideration. (b) A provision in a lease is void if the provision purports to: (1) waive a tenant's right to summon police or other emergency assistance based on the tenant's reasonable belief that an individual is in need of intervention or emergency assistance; or. RESIDENTIAL TENANT'S RIGHT OF REENTRY AFTER UNLAWFUL LOCKOUT. PAYMENT OF CHARGES; LIMITS ON AMOUNT CHARGED. - statute gives landlord the right to terminate a lease executed or renewed after June 15, 1981 and tenant is convicted under the "indecency" provision of the Texas Penal Code and appeals have been exhausted. Co-buyers can take title as joint tenants with right of survivorship or tenants in common. (l) This section does not affect the ability of a landlord to pursue other available remedies, including the remedies provided by Chapter 24. 2, eff. 1367), Sec. 13, eff. SUBCHAPTER B. 92.264. 2.63, eff. Sept. 1, 2001. 92.013 by Acts 2001, 77th Leg., ch. April 1, 2002. (g) A provision of a lease that purports to waive a right or to exempt a party from a liability or duty under this section is void. Sec. 92.0081. Aug. 31, 1987. (e) A landlord and a tenant may agree for the tenant to repair or remedy, at the tenant's expense, any condition covered by Subchapter B if all of the following conditions are met: (1) at the beginning of the lease term the landlord owns only one rental dwelling; (2) at the beginning of the lease term the dwelling is free from any condition which would materially affect the physical health or safety of an ordinary tenant; (3) at the beginning of the lease term the landlord has no reason to believe that any condition described in Subdivision (2) of this subsection is likely to occur or recur during the tenant's lease term or during a renewal or extension; and. 869, Sec. (a) The landlord shall inspect and repair a smoke alarm according to this section. For purposes of this section, if a tenant's rent is subsidized in whole or in part by a governmental entity, "one month's rent" means one month's fair market rent. A sheriff or constable may use reasonable force in executing a writ of reentry under this section. Statutes Title 8, Landlord and Tenant; Chapter 92, Residential Tenancies. (a) A landlord may not: (1) prohibit or limit a residential tenant's right to summon police or other emergency assistance based on the tenant's reasonable belief that an individual is in need of intervention or emergency assistance; or. 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) of Section 92.201 by wilfully: (1) disclosing incorrect information under Section 92.201(b)(1) or (2) or Section 92.201(d); or. 1186), Sec. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. Acts 2009, 81st Leg., R.S., Ch. Notice by mail may be by regular mail, by registered mail, or by certified mail, return receipt requested. (3) included in an attachment to the lease agreement that is signed by the tenant, but only if the attachment is expressly referred to in the lease agreement. Added by Acts 1993, 73rd Leg., ch. (2) within a reasonable time after receiving a written request by a tenant. 650, Sec. Sec. (e) If a tenant, after being furnished with a copy of this subchapter, knowingly violates Subsection (a), the landlord shall have no responsibility after the tenant's death for removal, storage, disappearance, damage, or disposition of property in the tenant's leased premises. 5, eff. PROPERTY CODE. Acts 2005, 79th Leg., Ch. (b) The tenant shall notify the landlord in writing of any change in the tenant's primary residence address. (i) A landlord is subject to the tenant remedies provided by Section 92.164(a)(4) if the landlord: (1) deactivates or does not install a keyless bolting device, claiming an exemption under Subsection (e), (f), or (g); and. 1, eff. If a landlord offers a tenant the option of paying a fee in lieu of a security deposit, the landlord: (1) shall offer the tenant the option to instead pay a security deposit; and. Jan. 1, 1984. 1, 3, eff. (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 to the local health officer and local building inspector, if any, stating that: (1) the landlord is terminating the tenancy as soon as legally possible; and. 1420, Sec. 18 (S.B. Acts 1983, 68th Leg., p. 3646, ch. 92.204. Jan. 1, 1984. Sec. January 1, 2010. (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. 687, Sec. (b) A landlord is liable to a tenant as provided by this subchapter if: (1) the tenant has given the landlord notice to repair or remedy a condition by giving that notice to the person to whom or to the place where the tenant's rent is normally paid; (2) the condition materially affects the physical health or safety of an ordinary tenant; (3) the tenant has given the landlord a subsequent written notice to repair or remedy the condition after a reasonable time to repair or remedy the condition following the notice given under Subdivision (1) or the tenant has given the notice under Subdivision (1) by sending that notice by certified mail, return receipt requested, by registered mail, or by another form of mail that allows tracking of delivery from the United States Postal Service or a private delivery service; (4) the landlord has had a reasonable time to repair or remedy the condition after the landlord received the tenant's notice under Subdivision (1) and, if applicable, the tenant's subsequent notice under Subdivision (3); (5) the landlord has not made a diligent effort to repair or remedy the condition after the landlord received the tenant's notice under Subdivision (1) and, if applicable, the tenant's notice under Subdivision (3); and. 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