(4) a judgment against the landlord for court costs and attorney's fees. 1, eff. (e) Repealed by Acts 2009, 81st Leg., R.S., Ch. Acts 1983, 68th Leg., p. 3651, ch. HEIGHT, STRIKE PLATE, AND THROW REQUIREMENTS--KEYED DEAD BOLT OR KEYLESS BOLTING DEVICE. 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. 200, Sec. Added by Acts 2019, 86th Leg., R.S., Ch. (7) "Landlord" means a dwelling owner, lessor, sublessor, management company, or managing agent, including an on-site manager. Acts 1983, 68th Leg., p. 3649, ch. Acts 1983, 68th Leg., p. 3639, ch. Jan. 1, 1984. NOTICE OF ELIGIBILITY REQUIREMENTS. (c) The justice, county, and district courts have concurrent jurisdiction in an action under Subsection (a). 92.101. Sept. 1, 1993; Acts 1999, 76th Leg., ch. 357, Sec. Amended by Acts 1995, 74th Leg., ch. (c) In addition to other remedies provided by law, if a landlord violates this section, a tenant is entitled to recover from or against the landlord: (1) a civil penalty in an amount equal to one month's rent; (2) actual damages suffered by the tenant as a result of the landlord's violation of this section; (5) reasonable attorney's fees incurred by the tenant in seeking enforcement of this section. (2) documentation of the stalking from a provider of services described by Subsection (c)(1), (2), or (3) and: (A) a law enforcement incident report or, if a law enforcement incident report is unavailable, another record maintained in the ordinary course of business by a law enforcement agency; and. Senate Bill 1588 modifies Section 209.016 of the Texas Property Code, which prior to 2021 imposed limits on the type of information of a prospective tenant that may be turned over by a property owner to a property owners association that administers a subdivision development. 576, Sec. (D) The landlord has been notified in writing by the appropriate local housing, building, or health official or other official having jurisdiction that the condition materially affects the health or safety of an ordinary tenant. 92.354. Acts 2015, 84th Leg., R.S., Ch. (2) in the case of a lease other than a lease described by Subdivision (1), on the last day of the month following the month in which the notice under Subsection (c)(1) is delivered. (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) notice and other communications required or permitted by this subchapter; (2) notice and other communications from a governmental body relating to a violation of health, sanitation, safety, or nuisance laws on the landlord's property where the dwelling is located, including notices of: (D) reimbursement of costs incurred by the governmental body in curing the violation; (b) If the landlord's name and business street address in this state have not been furnished in writing to the tenant or government official or employee, the person who collects the rent from a tenant is the landlord's authorized agent for purposes of Subsection (a). (2) the landlord does not install, inspect, or repair the smoke alarm on or before the seventh day after the date the tenant gives the landlord written notice that the tenant may exercise his remedies under this subchapter if the landlord does not comply with the request within seven days. Jan. 1, 1996. 357, Sec. However, this subchapter does not: (1) affect a local ordinance adopted before September 1, 1981, that requires landlords to install smoke alarms in new or remodeled dwelling units before September 1, 1981, if the ordinance conforms with or is amended to conform with this subchapter; (2) limit or prevent adoption or enforcement of a local ordinance relating to fire safety as a part of a building, fire, or housing code, including any requirements relating to the installation of smoke alarms or the type of smoke alarms; (3) otherwise limit or prevent the adoption of a local ordinance that conforms to this subchapter but which contains additional enforcement provisions, except as provided by Subsection (b); or. SUBCHAPTER B. Jan. 1, 1984. 5, eff. January 1, 2010. (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 inches from the floor; and, (A) 54 inches from the floor, if installed before September 1, 1993; or. 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). Jan. 1, 1984. Joint tenants also have the right to make improvements to the co-owned property. (D) the agreement is made knowingly, voluntarily, and for consideration. Sec. Jan. 1, 1984. 92.0561. (3) the landlord is expressly required or permitted to periodically check on the well-being or health of the tenant as a part of a written lease or other written agreement. repair or remedy conditions on the premises that materially affect the physical health or safety of an ordinary tenant of the manufactured home community. (3) file suit against the landlord and obtain a judgment for: (C) punitive damages if the tenant suffers actual damages and the landlord's failure to comply is intentional, malicious, or grossly negligent; Sec. Texas real estate may be owned individually or jointly. A reconnection fee may not be applied unless agreed to by the tenant in a written lease that states the exact dollar amount of the reconnection fee. (C) an advocate as defined by Section 93.001, Family Code, who assisted the victim. 18, eff. 1, eff. 11, eff. January 1, 2016. (c) Repealed by Acts 2009, 81st Leg., R.S., Ch. 409 (H.B. January 1, 2014. 917 (H.B. (B) arises from the landlord's failure to provide and maintain in good operating condition a device to supply hot water of a minimum temperature of 120 degrees Fahrenheit. 48, Sec. September 1, 2007. This severance remedy is known as "Partition" and is available under Chapter 23 of the Texas Property Code. Sec. A tenant may request that the landlord provide to the tenant a written statement of whether the tenant owes a late fee to the landlord and, if so, the amount of the late fee. BAD FAITH VIOLATION. Aug. 28, 1989. (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. 744, Sec. 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 a single lease to one or more tenants. (e) The affidavit must be delivered to the tenant by any of the following methods: (2) certified mail, return receipt requested, to the tenant; or. No further notice from the tenant is necessary in order for the tenant to repair or remedy the condition after a reasonable time has elapsed. 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. Jan. 1, 1996. 1510), Sec. Jan. 1, 1998. 1112, Sec. Sec. Sec. 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 landlord for purposes of notice and other communications required or permitted by this subchapter. Sept. 1, 1989. (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 by Subchapter C, D, E, or G, respectively, may not be waived. 1420, Sec. (B) if the report or record described by Paragraph (A) identifies the victim by means of a pseudonym, as defined by Article 58.001, Code of Criminal Procedure, a copy of a pseudonym form completed and returned under Article 58.152(a) of that code. 16, eff. REPAIR OR CLOSING OF LEASEHOLD. Sec. Sec. September 1, 2011. A landlord who issues a parking permit to a tenant: (1) must issue the permit for a term that is coterminous with the tenant's lease term; and. Amended by Acts 1989, 71st Leg., ch. 257 (H.B. 1, eff. If on a ceiling, it must be no closer than six inches to a wall or otherwise located in accordance with the manufacturer's installation instructions. Sept. 1, 1995; Acts 1995, 74th Leg., ch. (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 date the tenant surrenders the premises. January 1, 2016. 92.166. 1, eff. (e) A landlord who violates Subsection (b) or (d) is liable to the tenant for an amount equal to the total of one month's rent plus $100 and attorney's fees. (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 not occupy the leased premises as a primary residence and requests in writing that the landlord send notices to the tenant at the tenant's primary residence and provides to the landlord the address of the tenant's primary residence, the landlord shall mail to the tenant's primary residence: (3) all notices of rental increases at the end of the lease term; and. (2) "Applicant" or "rental applicant" means a person who makes an application to a landlord for rental of a dwelling. 1, eff. 1367), Sec. 9, eff. Sec. September 1, 2011. 2, eff. When secured to the screw hooks, the bar or tube must prevent the door from being opened unless the bar or tube is removed by a person who is on the interior side of the door. (d) The requirements of this section do not apply to a keyed dead bolt or a keyless bolting device in one door of a pair of French doors that is installed in accordance with the requirements of Section 92.153(b)(1) or (2). 917 (H.B. (2) on the date the tenant terminates the lease or files suit the tenant has not fully paid costs requested by the landlord and authorized by Section 92.258. TENANT REMEDIES FOR LANDLORD'S FAILURE TO INSTALL OR REKEY CERTAIN SECURITY DEVICES. (5) "Premises" means a tenant's rental unit, any area or facility the lease authorizes the tenant to use, and the appurtenances, grounds, and facilities held out for the use of tenants generally. 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