reglab/housing_qa huggingface dataset:
TX Prop § 23A.006 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 23A - Uniform Partition of Heirs' Property Act|Section 23A.006. Determination of Value

Sec. 23A.006.  DETERMINATION OF VALUE.  (a)  Except as provided by Subsection (b) or (c), if the court determines that the property that is the subject of a partition action is heirs' property, the court shall determine the fair market value of the property by ordering an appraisal under Subsection (d).(b)  If all cotenants have agreed to the value of the property or to another method of valuation, the court shall adopt that value or the value produced by the agreed method of valuation.(c)  If the court determines that the evidentiary value of an appraisal is outweighed by the cost of the appraisal, the court, after an evidentiary hearing, shall determine the fair market value of the property and send notice to the parties of the value.(d)  If the court orders an appraisal, the court shall appoint a disinterested real estate appraiser to determine the fair market value of the property assuming sole ownership of the fee simple estate.  On completion of the appraisal, the appraiser shall file a sworn or verified appraisal with the court.(e)  If an appraisal is conducted under Subsection (d), not later than the 10th day after the date the appraisal is filed, the court shall send notice to each party with a known address, stating:(1)  the appraised fair market value of the property;(2)  that the appraisal is available at the clerk's office; and(3)  that a party may file with the court an objection to the appraisal not later than the 30th day after the date notice is sent, stating the grounds for the objection.(f)  If an appraisal is filed with the court under Subsection (d), the court shall conduct a hearing to determine the fair market value of the property not earlier than the 30th day after the date a copy of the notice of the appraisal is sent to each party under Subsection (e), whether or not an objection to the appraisal is filed under Subsection (e)(3).  In addition to the court-ordered appraisal, the court may consider any other evidence of value offered by a party.(g)  After a hearing under Subsection (f), but before considering the merits of the partition action, the court shall determine the fair market value of the property and send notice to the parties of the value.|Added by Acts 2017, 85th Leg., R.S., Ch. 297 (S.B. 499), Sec. 1, eff. September 1, 2017.|
TX Prop § 23A.008 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 23A - Uniform Partition of Heirs' Property Act|Section 23A.008. Partition Alternatives

Sec. 23A.008.  PARTITION ALTERNATIVES.  (a)  If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants under Section 23A.007, or if after conclusion of the buyout under Section 23A.007 a cotenant remains that has requested partition in kind, the court shall order partition in kind unless the court, after consideration of the factors listed in Section 23A.009, finds that partition in kind will result in substantial prejudice to the cotenants as a group.  In considering whether to order partition in kind, the court shall approve a request by two or more parties to have the requesting parties' individual interests aggregated.(b)  If the court does not order partition in kind under Subsection (a), the court shall order partition by sale under Section 23A.010 or, if no cotenant requested partition by sale, the court shall dismiss the action.(c)  If the court orders partition in kind under Subsection (a), the court may require that one or more cotenants pay one or more other cotenants amounts so that the payments, taken together with the value of the in-kind distributions to the cotenants, will make the partition in kind just and proportionate in value to the fractional interests held.(d)  If the court orders partition in kind, the court shall allocate to the cotenants that are unknown, unlocatable, or the subject of a default judgment, if those cotenants' interests were not bought out under Section 23A.007, a part of the property representing the combined interests of those cotenants as determined by the court, and that part of the property shall remain undivided.|Added by Acts 2017, 85th Leg., R.S., Ch. 297 (S.B. 499), Sec. 1, eff. September 1, 2017.|
TX Prop § 23A.009 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 23A - Uniform Partition of Heirs' Property Act|Section 23A.009. Considerations for Partition in Kind

Sec. 23A.009.  CONSIDERATIONS FOR PARTITION IN KIND.  (a)  In determining under Section 23A.008(a) whether partition in kind would result in substantial prejudice to the cotenants as a group, the court shall consider the following:(1)  whether the heirs' property practicably can be divided among the cotenants;(2)  whether partition in kind would apportion the property in such a way that the aggregate fair market value of the parcels resulting from the division would be materially less than the value of the property if the property were sold as a whole, taking into account the condition under which a court-ordered sale likely would occur;(3)  evidence of the collective duration of ownership or possession of the property by a cotenant and one or more predecessors in title or predecessors in possession to the cotenant who are or were relatives of the cotenant or each other;(4)  a cotenant's sentimental attachment to the property, including any attachment arising because the property has ancestral or other unique or special value to the cotenant;(5)  the lawful use being made of the property by a cotenant and the degree to which the cotenant would be harmed if the cotenant could not continue the same use of the property;(6)  the degree to which the cotenants have contributed the cotenants' pro rata share of the property taxes, insurance, and other expenses associated with maintaining ownership of the property or have contributed to the physical improvement, maintenance, or upkeep of the property; and(7)  any other relevant factor.(b)  The court may not consider any one factor under Subsection (a) to be dispositive without weighing the totality of all relevant factors and circumstances.|Added by Acts 2017, 85th Leg., R.S., Ch. 297 (S.B. 499), Sec. 1, eff. September 1, 2017.|
TX Prop § 23A.010 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 23A - Uniform Partition of Heirs' Property Act|Section 23A.010. Open-Market Sale, Sealed Bids, or Auction

Sec. 23A.010.  OPEN-MARKET SALE, SEALED BIDS, OR AUCTION.  (a)  If the court orders a sale of heirs' property, the sale must be an open-market sale unless the court finds that a sale by sealed bids or at an auction would be more economically advantageous and in the best interest of the cotenants as a group.(b)  If the court orders an open-market sale and the parties, not later than the 10th day after the date the order is entered, agree on a real estate broker to offer the property for sale, the court shall appoint the broker and establish a reasonable commission.  If the parties do not agree on a broker, the court shall appoint a disinterested real estate broker to offer the property for sale and shall establish a reasonable commission.  The broker shall offer the property for sale in a commercially reasonable manner at a price no lower than the determination of value and on the terms and conditions established by the court.(c)  If the broker appointed under Subsection (b) obtains within a reasonable time an offer to purchase the property for at least the determination of value:(1)  the broker shall comply with the reporting requirements of Section 23A.011; and(2)  the sale may be completed in accordance with state law other than this chapter.(d)  If the broker appointed under Subsection (b) does not obtain within a reasonable time an offer to purchase the property for at least the determination of value, the court, after hearing, may:(1)  approve the highest outstanding offer, if any;(2)  redetermine the value of the property and order that the property continue to be offered for an additional time; or(3)  order that the property be sold by sealed bids or at an auction.(e)  If the court orders a sale by sealed bids or at an auction, the court shall set terms and conditions of the sale.  If the court orders an auction, the auction must be conducted in the manner provided by law for a sale made under execution.(f)  If a purchaser is entitled to a share of the proceeds of the sale, the purchaser is entitled to a credit against the price in an amount equal to the purchaser's share of the proceeds.|Added by Acts 2017, 85th Leg., R.S., Ch. 297 (S.B. 499), Sec. 1, eff. September 1, 2017.|
TX Prop § 23A.011 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 23A - Uniform Partition of Heirs' Property Act|Section 23A.011. Report of Open-Market Sale

Sec. 23A.011.  REPORT OF OPEN-MARKET SALE.  (a)  Unless required to do so earlier by other law governing the partition of real property, a broker appointed under Section 23A.010(b) to offer heirs' property for open-market sale shall file a report with the court not later than the seventh day after the date an offer is received to purchase the property for at least the value determined under Section 23A.006 or 23A.010.(b)  The report required by Subsection (a) must contain the following information:(1)  a description of the property to be sold to each buyer;(2)  the name of each buyer;(3)  the proposed purchase price;(4)  the terms and conditions of the proposed sale, including the terms of any owner financing;(5)  the amounts to be paid to lienholders;(6)  a statement of contractual or other arrangements or conditions of the broker's commission; and(7)  other material facts relevant to the sale.|Added by Acts 2017, 85th Leg., R.S., Ch. 297 (S.B. 499), Sec. 1, eff. September 1, 2017.|
TX Prop § 23A.012 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 23A - Uniform Partition of Heirs' Property Act|Section 23A.012. Uniformity of Application and Construction

Sec. 23A.012.  UNIFORMITY OF APPLICATION AND CONSTRUCTION.  In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to the subject matter of this chapter among states that enact a law based on the uniform act on which this chapter is based.|Added by Acts 2017, 85th Leg., R.S., Ch. 297 (S.B. 499), Sec. 1, eff. September 1, 2017.|
TX Prop § 23A.013 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 23A - Uniform Partition of Heirs' Property Act|Section 23A.013. Relation to Electronic Signatures in Global and National Commerce Act

Sec. 23A.013.  RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.  This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001 et seq.) but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. Section 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that act (15 U.S.C. Section 7003(b)).|Added by Acts 2017, 85th Leg., R.S., Ch. 297 (S.B. 499), Sec. 1, eff. September 1, 2017.|
TX Prop § 24.001 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 24 - Forcible Entry and Detainer|Section 24.001. Forcible Entry and Detainer

Sec. 24.001.  FORCIBLE ENTRY AND DETAINER.  (a)  A person commits a forcible entry and detainer if the person enters the real property of another without legal authority or by force and refuses to surrender possession on demand.(b)  For the purposes of this chapter, a forcible entry is:(1)  an entry without the consent of the person in actual possession of the property;(2)  an entry without the consent of a tenant at will or by sufferance;  or(3)  an entry without the consent of a person who acquired possession by forcible entry.|Acts 1983, 68th Leg., p. 3514, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1989, 71st Leg., ch. 688, Sec. 1, eff. Sept. 1, 1989.|
TX Prop § 24.002 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 24 - Forcible Entry and Detainer|Section 24.002. Forcible Detainer

Sec. 24.002.  FORCIBLE DETAINER.  (a)  A person who refuses to surrender possession of real property on demand commits a forcible detainer if the person:(1)  is a tenant or a subtenant wilfully and without force holding over after the termination of the tenant's right of possession; (2)  is a tenant at will or by sufferance, including an occupant at the time of foreclosure of a lien superior to the tenant's lease;  or(3)  is a tenant of a person who acquired possession by forcible entry.(b)  The demand for possession must be made in writing by a person entitled to possession of the property and must comply with the requirements for notice to vacate under Section 24.005.|Acts 1983, 68th Leg., p. 3514, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1985, 69th Leg., ch. 200, Sec. 1, eff. Aug. 26, 1985;  Acts 1989, 71st Leg., ch. 688, Sec. 2, eff. Sept. 1, 1989.|
TX Prop § 24.003 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 24 - Forcible Entry and Detainer|Section 24.003. Substitution of Parties

Sec. 24.003.  SUBSTITUTION OF PARTIES.  If a tenancy for a term expires while the tenant's suit for forcible entry is pending, the landlord may prosecute the suit in the tenant's name for the landlord's benefit and at the landlord's expense.  It is immaterial whether the tenant received possession from the landlord or became a tenant after obtaining possession of the property.|Acts 1983, 68th Leg., p. 3515, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1985, 69th Leg., ch. 891, Sec. 1, eff. Aug. 26, 1985.|
TX Prop § 24.004 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 24 - Forcible Entry and Detainer|Section 24.004. Jurisdiction; Dismissal

Sec. 24.004.  JURISDICTION; DISMISSAL.  (a)  Except as provided by Subsection (b), a justice court in the precinct in which the real property is located has jurisdiction in eviction suits.  Eviction suits include forcible entry and detainer and forcible detainer suits.  A justice court has jurisdiction to issue a writ of possession under Sections 24.0054(a), (a-2), and (a-3).(b)  A justice court does not have jurisdiction in a forcible entry and detainer or forcible detainer suit and shall dismiss the suit if the defendant files a sworn statement alleging the suit is based on a deed executed in violation of Chapter 21A, Business & Commerce Code.|Acts 1983, 68th Leg., p. 3515, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1985, 69th Leg., ch. 891, Sec. 1, eff. Aug. 26, 1985;  Acts 1997, 75th Leg., ch. 1205, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 958 (H.B. 1111), Sec. 1, eff. January 1, 2012.Acts 2011, 82nd Leg., R.S., Ch. 1242 (S.B. 1320), Sec. 3, eff. September 1, 2011.Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.002(28), eff. September 1, 2013.|
TX Prop § 24.0051 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 24 - Forcible Entry and Detainer|Section 24.0051. Procedures Applicable in Suit to Evict and Recover Unpaid Rent

Sec. 24.0051.  PROCEDURES APPLICABLE IN SUIT TO EVICT AND RECOVER UNPAID RENT.  (a)  In a suit filed in justice court in which the landlord files a sworn statement seeking judgment against a tenant for possession of the premises and unpaid rent, personal service on the tenant or service on the tenant under Rule 742a, Texas Rules of Civil Procedure, is procedurally sufficient to support a default judgment for possession of the premises and unpaid rent.(b)  A landlord may recover unpaid rent under this section regardless of whether the tenant vacated the premises after the date the landlord filed the sworn statement and before the date the court renders judgment.(c)  In a suit to recover possession of the premises, whether or not unpaid rent is claimed, the citation required by Rule 739, Texas Rules of Civil Procedure, must include the following notice to the defendant:FAILURE TO APPEAR FOR TRIAL MAY RESULT IN A DEFAULT JUDGMENT BEING ENTERED AGAINST YOU.(d)  In a suit described by Subsection (c), the citation required by Rule 739, Texas Rules of Civil Procedure, must include the following notice to the defendant on the first page of the citation in English and Spanish and in conspicuous bold print:SUIT TO EVICTTHIS SUIT TO EVICT INVOLVES IMMEDIATE DEADLINES.  A TENANT WHO IS SERVING ON ACTIVE MILITARY DUTY MAY HAVE SPECIAL RIGHTS OR RELIEF RELATED TO THIS SUIT UNDER FEDERAL LAW, INCLUDING THE SERVICEMEMBERS CIVIL RELIEF ACT (50 U.S.C. APP. SECTION 501 ET SEQ.), OR STATE LAW, INCLUDING SECTION 92.017, TEXAS PROPERTY CODE.  CALL THE STATE BAR OF TEXAS TOLL-FREE AT 1-877-9TEXBAR IF YOU NEED HELP LOCATING AN ATTORNEY.  IF YOU CANNOT AFFORD TO HIRE AN ATTORNEY, YOU MAY BE ELIGIBLE FOR FREE OR LOW-COST LEGAL ASSISTANCE.|Added by Acts 1999, 76th Leg., ch. 1464, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2005, 79th Leg., Ch. 712 (S.B. 439), Sec. 1, eff. September 1, 2005.Acts 2007, 80th Leg., R.S., Ch. 812 (S.B. 1483), Sec. 1, eff. September 1, 2007.Acts 2011, 82nd Leg., R.S., Ch. 252 (H.B. 1127), Sec. 1, eff. January 1, 2012.|
TX Prop § 24.00511 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 24 - Forcible Entry and Detainer|Section 24.00511. Appeal Bond for Certain Eviction Suits

Sec. 24.00511.  APPEAL BOND FOR CERTAIN EVICTION SUITS.  (a)  In a residential eviction suit for nonpayment of rent, the justice court shall state in the court's judgment the amount of the appeal bond, taking into consideration the money required to be paid into the court registry under Section 24.0053.(b)  In addition to meeting all other requirements of law, the bond must require the surety to provide the surety's contact information, including an address, phone number, and e-mail address, if any.  If any of the contact information changes, the surety shall inform the court of the surety's new contact information.|Added by Acts 2015, 84th Leg., R.S., Ch. 1027 (H.B. 1334), Sec. 1, eff. January 1, 2016.|
TX Prop § 24.0052 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 24 - Forcible Entry and Detainer|Section 24.0052. Tenant Appeal on Pauper's Affidavit

Sec. 24.0052.  TENANT APPEAL ON PAUPER'S AFFIDAVIT.  (a)  If a tenant in a residential eviction suit is unable to pay the costs of appeal or file an appeal bond as required by the Texas Rules of Civil Procedure, the tenant may appeal the judgment of the justice court by filing with the justice court, not later than the fifth day after the date the judgment is signed, a pauper's affidavit sworn before the clerk of the justice court or a notary public that states that the tenant is unable to pay the costs of appeal or file an appeal bond.  The affidavit must contain the following information:(1)  the tenant's identity;(2)  the nature and amount of the tenant's employment income;(3)  the income of the tenant's spouse, if applicable and available to the tenant;(4)  the nature and amount of any governmental entitlement income of the tenant;(5)  all other income of the tenant;(6)  the amount of available cash and funds available in savings or checking accounts of the tenant;(7)  real and personal property owned by the tenant, other than household furnishings, clothes, tools of a trade, or personal effects;(8)  the tenant's debts and monthly expenses; and(9)  the number and age of the tenant's dependents and where those dependents reside.(b)  The justice court shall make available an affidavit form that a person may use to comply with the requirements of Subsection (a).(c)  The justice court shall promptly notify the landlord if a pauper's affidavit is filed by the tenant.(d)  A landlord may contest a pauper's affidavit on or before the fifth day after the date the affidavit is filed.  If the landlord contests the affidavit, the justice court shall notify the parties and hold a hearing to determine whether the tenant is unable to pay the costs of appeal or file an appeal bond.  The hearing shall be held not later than the fifth day after the date the landlord notifies the court clerk of the landlord's contest.  At the hearing, the tenant has the burden to prove by competent evidence, including documents or credible testimony of the tenant or others, that the tenant is unable to pay the costs of appeal or file an appeal bond.(e)  If the justice court approves the pauper's affidavit of a tenant, the tenant is not required to pay the county court filing fee or file an additional affidavit in the county court under Subsection (a).|Added by Acts 2005, 79th Leg., Ch. 1185 (H.B. 62), Sec. 1, eff. September 1, 2005.|
TX Prop § 24.00521 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 24 - Forcible Entry and Detainer|Section 24.00521. Contest of Certain Appeal Bonds in County Court

Sec. 24.00521.  CONTEST OF CERTAIN APPEAL BONDS IN COUNTY COURT.  A contest under Section 24.00512 does not preclude a party from contesting the appeal bond in the county court after the county court has jurisdiction over the eviction suit. After the county court has jurisdiction over the eviction suit, the county court may modify the amount or form of the bond and determine the sufficiency of the surety.|Added by Acts 2015, 84th Leg., R.S., Ch. 1027 (H.B. 1334), Sec. 2, eff. January 1, 2016.|
TX Prop § 24.006 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 24 - Forcible Entry and Detainer|Section 24.006. Attorney's Fees and Costs of Suit

Sec. 24.006.  ATTORNEY'S FEES AND COSTS OF SUIT.  (a)  Except as provided by Subsection (b), to be eligible to recover attorney's fees in an eviction suit, a landlord must give a tenant who is unlawfully retaining possession of the landlord's premises a written demand to vacate the premises.  The demand must state that if the tenant does not vacate the premises before the 11th day after the date of receipt of the notice and if the landlord files suit, the landlord may recover attorney's fees.  The demand must be sent by registered mail or by certified mail, return receipt requested, at least 10 days before the date the suit is filed.(b)  If the landlord provides the tenant notice under Subsection (a) or if a written lease entitles the landlord to recover attorney's fees, a prevailing landlord is entitled to recover reasonable attorney's fees from the tenant.(c)  If the landlord provides the tenant notice under Subsection (a) or if a written lease entitles the landlord or the tenant to recover attorney's fees, the prevailing tenant is entitled to recover reasonable attorney's fees from the landlord.  A prevailing tenant is not required to give notice in order to recover attorney's fees under this subsection.(d)  The prevailing party is entitled to recover all costs of court.|Acts 1983, 68th Leg., p. 3516, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1985, 69th Leg., ch. 891, Sec. 1, eff. Sept. 1, 1985;  Acts 1989, 71st Leg., ch. 688, Sec. 4, eff. Sept. 1, 1989;  Acts 1997, 75th Leg., ch. 1205, Sec. 3, eff. Sept. 1, 1997.|