reglab/housing_qa huggingface dataset:
TX Prop § 93.001 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 93 - Commercial Tenancies|Section 93.001. Applicability of Chapter

Sec. 93.001.  APPLICABILITY OF CHAPTER.  (a)  This chapter applies only to the relationship between landlords and tenants of commercial rental property.(b)  For purposes of this chapter, "commercial rental property" means rental property that is not covered by Chapter 92.|Added by Acts 1989, 71st Leg., ch. 687, Sec. 2, eff. Sept. 1, 1989;  Acts 1989, 71st Leg., ch. 689, Sec. 2, eff. Sept. 1, 1989.|
TX Prop § 93.004 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 93 - Commercial Tenancies|Section 93.004. Security Deposit

Sec. 93.004.  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 secure performance under a lease of commercial rental property.|Added by Acts 2001, 77th Leg., ch. 1460, Sec. 1, eff. Sept. 1, 2001.|
TX Prop § 93.005 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 93 - Commercial Tenancies|Section 93.005. Obligation to Refund Security Deposit

Sec. 93.005.  OBLIGATION TO REFUND SECURITY DEPOSIT.  (a)  The landlord shall refund the security deposit to the tenant not later than the 60th day after the date the tenant surrenders the premises and provides notice to the landlord or the landlord's agent of the tenant's forwarding address under Section 93.009.(b)  The tenant's claim to the security deposit takes priority over the claim of any creditor of the landlord, including a trustee in bankruptcy.|Added by Acts 2001, 77th Leg., ch. 1460, Sec. 1, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 1143, Sec. 1, eff. Sept. 1, 2003.|
TX Prop § 93.006 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 93 - Commercial Tenancies|Section 93.006. Retention of Security Deposit; Accounting

Sec. 93.006.  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 lease or damages and charges that result from a breach of the lease.(b)  The landlord may not retain any portion of a security deposit to cover normal wear and tear.  In this subsection, "normal wear and tear" means deterioration that results from the intended use of the commercial premises, including breakage or malfunction due to age or deteriorated condition, but the term does not include deterioration that results from negligence, carelessness, accident, or abuse of the premises, equipment, or chattels by the tenant or by a guest or invitee of the tenant.(c)  If the landlord retains all or part of a security deposit under this section, the landlord shall give to the tenant the balance of the security deposit, if any, together with a written description and itemized list of all deductions.  The landlord is not required to give the tenant a description and itemized list of deductions if:(1)  the tenant owes rent when the tenant surrenders possession of the premises;  and(2)  no controversy exists concerning the amount of rent owed.|Added by Acts 2001, 77th Leg., ch. 1460, Sec. 1, eff. Sept. 1, 2001.|
TX Prop § 93.007 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 93 - Commercial Tenancies|Section 93.007. Cessation of Owner's Interest

Sec. 93.007.  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 liable for the return of the security deposit according to this chapter from the date title to the premises is acquired, regardless of whether an acknowledgement is given to the tenant under Subsection (b).(b)  The person who no longer owns an interest in the rental premises remains liable for a security deposit received while the person was the owner until the new owner delivers to the tenant a signed statement acknowledging that the new owner has received and is responsible for the tenant's security deposit and specifying the exact dollar amount of the deposit.  The amount of the security deposit is the greater of:(1)  the amount provided in the tenant's lease;  or(2)  the amount provided in an estoppel certificate prepared by the owner at the time the lease was executed or prepared by the new owner at the time the commercial property is transferred.(c)  Subsection (a) does not apply to a real estate mortgage lienholder who acquires title by foreclosure.|Added by Acts 2001, 77th Leg., ch. 1460, Sec. 1, eff. Sept. 1, 2001.|
TX Prop § 93.008 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 93 - Commercial Tenancies|Section 93.008. Records

Sec. 93.008.  RECORDS.  The landlord shall keep accurate records of all security deposits.|Added by Acts 2001, 77th Leg., ch. 1460, Sec. 1, eff. Sept. 1, 2001.|
TX Prop § 93.009 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 93 - Commercial Tenancies|Section 93.009. Tenant's Forwarding Address

Sec. 93.009.  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 tenant gives the landlord a written statement of the tenant's forwarding address for the purpose of refunding the security deposit.(b)  The tenant does not forfeit the right to a refund of the security deposit or the right to receive a description of damages and charges for failing to give a forwarding address to the landlord.|Added by Acts 2001, 77th Leg., ch. 1460, Sec. 1, eff. Sept. 1, 2001.|
TX Prop § 93.010 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 93 - Commercial Tenancies|Section 93.010. Liability for Withholding Last Month's Rent

Sec. 93.010.  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 rent.(b)  A tenant who violates this section is presumed to have acted in bad faith.  A tenant who in bad faith violates this section is liable to the landlord for an amount equal to three times the rent wrongfully withheld and the landlord's reasonable attorney's fees in a suit to recover the rent.|Added by Acts 2001, 77th Leg., ch. 1460, Sec. 1, eff. Sept. 1, 2001.|
TX Prop § 93.011 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 93 - Commercial Tenancies|Section 93.011. Liability of Landlord

Sec. 93.011.  LIABILITY OF LANDLORD.  (a)  A landlord who in bad faith retains a security deposit in violation of this chapter is liable for an amount equal to the sum of $100, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees incurred in a suit to recover the deposit after the period prescribed for returning the deposit expires.(b)  A landlord who in bad faith does not provide a written description and itemized list of damages and charges in violation of this chapter:(1)  forfeits the right to withhold any portion of the security deposit or to bring suit against the tenant for damages to the premises;  and(2)  is liable for the tenant's reasonable attorney's fees in a suit to recover the deposit.(c)  In a suit brought by a tenant under this chapter, the landlord has the burden of proving that the retention of any portion of the security deposit was reasonable.(d)  A landlord who fails to return a security deposit or to provide a written description and itemized list of deductions on or before the 60th day after the date the tenant surrenders possession is presumed to have acted in bad faith.|Added by Acts 2001, 77th Leg., ch. 1460, Sec. 1, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 1143, Sec. 2, eff. Sept. 1, 2003.|
TX Prop § 93.012 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 93 - Commercial Tenancies|Section 93.012. Assessment of Charges

Sec. 93.012.  ASSESSMENT OF CHARGES.  (a)  A landlord may not assess a charge, excluding a charge for rent or physical damage to the leased premises, to a tenant unless the amount of the charge or the method by which the charge is to be computed is stated in the lease, an exhibit or attachment that is part of the lease, or an amendment to the lease.(b)  This section does not affect a landlord's right to assess a charge or obtain a remedy allowed under a statute or common law.(c)  This section does not affect the contractual right of a landlord that is a governmental entity created under Subchapter D, Chapter 22, Transportation Code, whose constituent municipalities are populous home-rule municipalities to assess charges under a lease to fully compensate the governmental entity for the governmental entity's operating costs.|Added by Acts 2001, 77th Leg., ch. 1397, Sec. 1, eff. Sept. 1, 2002.  Renumbered from Property Code Sec. 93.004 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(119), eff. Sept. 1, 2003.Amended by: Acts 2009, 81st Leg., R.S., Ch. 71 (H.B. 1382), Sec. 1, eff. May 20, 2009.|
TX Prop § 93.013 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 93 - Commercial Tenancies|Section 93.013. Certain Unlawful Uses of Premises; Termination of Tenant's Right of Possession

Sec. 93.013.  CERTAIN UNLAWFUL USES OF PREMISES; TERMINATION OF TENANT'S RIGHT OF POSSESSION.  (a)  Notwithstanding a provision in a lease to the contrary, a tenant's right of possession terminates and the landlord has a right to recover possession of the leased premises if the tenant is using the premises or allowing the premises to be used for the purposes of prostitution as described by Section 43.02, Penal Code, solicitation of prostitution as described by Section 43.021, Penal Code, promotion of prostitution as described by Section 43.03, Penal Code, aggravated promotion of prostitution as described by Section 43.04, Penal Code, compelling prostitution as described by Section 43.05, Penal Code, or trafficking of persons as described by Section 20A.02, Penal Code.(b)  A landlord who reasonably believes a tenant is using the leased premises or allowing the leased premises to be used for a purpose described by Subsection (a) may file a forcible detainer suit under Chapter 24 seeking possession of the premises and unpaid rent, including rent for any period of occupancy after the tenant's right of possession terminates.(c)  Notwithstanding Section 24.005 or 91.001 or any other law or a provision in the lease to the contrary, the landlord is not required for purposes of a forcible detainer suit authorized by this section:(1)  to give a notice of proposed eviction or a notice of termination before giving notice to vacate; or(2)  to give the tenant more than three days' notice to vacate before filing the suit.(d)  A pending suit brought by the attorney general or a district, county, or city attorney under Chapter 125, Civil Practice and Remedies Code, alleging that a common nuisance is being maintained on the leased premises with respect to an activity described by Subsection (a) is prima facie evidence that the tenant's right of possession has terminated and the landlord has a right to recover possession of the premises under Subsection (a). (e)  A final, nonappealable determination by a court under Chapter 125, Civil Practice and Remedies Code, that a common nuisance is being maintained on the leased premises with respect to an activity described by Subsection (a) creates an irrebuttable presumption that the tenant's right of possession has terminated and the landlord has a right to recover possession of the premises under Subsection (a).|Added by Acts 2017, 85th Leg., R.S., Ch. 858 (H.B. 2552), Sec. 19, eff. September 1, 2017.Amended by: Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 57, eff. September 1, 2021.|
TX Prop § 201.002 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 201 - Restrictive Covenants Applicable to Certain Subdivisions|Section 201.002. Findings and Purpose

Sec. 201.002.  FINDINGS AND PURPOSE.  (a)  The legislature finds that:(1)  the pending expiration of property restrictions applicable to real estate subdivisions in municipalities and in the extraterritorial jurisdiction area of municipalities where there is no zoning creates uncertainty in living conditions and discourages investments in affected subdivisions;(2)  owners of land in affected subdivisions are reluctant or unable to provide proper maintenance, upkeep, and repairs of structures because of the pending expiration of the restrictions;(3)  financial institutions cannot or will not lend money for investments, maintenance, upkeep, or repairs in affected subdivisions;(4)  these conditions cause dilapidation of housing and other structures and cause unhealthful and unsanitary conditions in affected subdivisions, contrary to the health, safety, and welfare of the citizens;  and(5)  the existence of racial covenants in subdivisions, regardless of their unenforceability, is offensive, repugnant, and harmful to members of racial or ethnic minority groups, and public policy requires that these covenants be deleted.(b)  The purpose of this chapter is to provide a procedure for extending the term of, creation of, additions to, or modification of restrictions and to provide for the removal of any restriction or other provision relating to race, religion, or national origin that is void and unenforceable under either the United States Constitution or Section 5.026.|Added by Acts 1985, 69th Leg., ch. 309, Sec. 1, eff. Sept. 1, 1985.|
TX Prop § 201.003 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 201 - Restrictive Covenants Applicable to Certain Subdivisions|Section 201.003. Definitions

Sec. 201.003.  DEFINITIONS.  In this chapter:(1)  "Restrictions" means one or more restrictive covenants contained or incorporated by reference in a properly recorded map, plat, replat, declaration, or other instrument filed in the county real property records, map records, or deed records.(2)  "Residential real estate subdivision" or "subdivision" means:(A)  all land encompassed within one or more maps or plats of land that is divided into two or more parts if the maps or plats cover land within a city, town, or village, or within the extraterritorial jurisdiction of a city, town, or village and are recorded in the deed, map, or real property records of a county, and the land encompassed within the maps or plats is or was burdened by restrictions limiting all or at least a majority of the land area covered by the map or plat, excluding streets and public areas, to residential use only;  or(B)  all land located within a city, town, or village, or within the extraterritorial jurisdiction of a city, town, or village that has been divided into two or more parts and that is or was burdened by restrictions limiting at least a majority of the land area burdened by restrictions, excluding streets and public areas, to residential use only, if the instrument or instruments creating the restrictions are recorded in the deed or real property records of a county.(3)  "Owner" means an individual, fiduciary, partnership, joint venture, corporation, association, or other entity that owns record title to real property in a subdivision, or the personal representative of an individual who owns record title to subdivision property.(4)  "Petition" means one or more instruments, however designated or entitled, by which one or more of the purposes authorized by this chapter are sought to be accomplished.(5)  "Real property records" means the applicable records of a county clerk in which conveyances of real property are recorded.(6)  "Lienholder" means an individual, corporation, financial institution, or other entity that holds a vendor's or deed of trust lien secured by land within the subdivision.(7)  "Petition committee" or "committee" means a group of three or more owners who file with the county clerk a notice as required by Section 201.005(a) and who prepare and circulate a petition as allowed under this chapter.|Added by Acts 1985, 69th Leg., ch. 309, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1991, 72nd Leg., ch. 822, Sec. 2, eff. Sept. 1, 1991.|
TX Prop § 201.004 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 201 - Restrictive Covenants Applicable to Certain Subdivisions|Section 201.004. Extension, Renewal, Creation, Modification Of, or Addition To, Restrictions

Sec. 201.004.  EXTENSION, RENEWAL, CREATION, MODIFICATION OF, OR ADDITION TO, RESTRICTIONS.  (a)  A petition may be filed under this chapter to:(1)  extend or renew an unexpired restriction;(2)  create a restriction;(3)  add to or modify an existing restriction; or(4)  modify an existing provision in an instrument creating a restriction that provides for extension of those restrictions.(b)  A petition is not effective to extend, renew, create, add to, or modify a restriction unless the petition is filed with the county clerk's office in the county where the subdivision is located before the second anniversary of the date the committee files with the county clerk the notice required by Section 201.005(a).(c)  If a petition meeting the requirements of this chapter is filed with the county clerk within the required period, the provisions of the petition extending, renewing, creating, adding to, or modifying a restriction apply to and burden all of the property in the subdivision except property excluded under Section 201.009.  If a petition contains provisions extending or renewing the term of a restriction, the petition may provide for an initial extension or renewal period of not more than 10 years and additional automatic extensions of the term for not more than 10 years each.  The extension, renewal, creation, or modification of, or addition to, a restriction takes effect on the later of the dates the petition is filed with the county clerk or a date specified in the petition.(d)  If existing originally applicable restrictions provide a procedure for extension, that procedure may be used for successive extensions of the originally applicable restrictions unless the original restriction instrument expressly prohibits the procedure from being used for successive extensions.|Added by Acts 1985, 69th Leg., ch. 309, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1991, 72nd Leg., ch. 822, Sec. 3, eff. Sept. 1, 1991.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1367 (H.B. 3674), Sec. 4, eff. September 1, 2007.Acts 2009, 81st Leg., R.S., Ch. 821 (S.B. 1672), Sec. 1, eff. June 19, 2009.|
TX Prop § 201.0051 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 201 - Restrictive Covenants Applicable to Certain Subdivisions|Section 201.0051. Special Petition Approval Required for Certain Restrictions

Sec. 201.0051.  SPECIAL PETITION APPROVAL REQUIRED FOR CERTAIN RESTRICTIONS.  A right created or an obligation imposed by an existing restriction that relates to the developer of the subdivision or an architectural control committee established by the instrument creating the restriction cannot be altered unless the person who has the right or obligation signs and acknowledges the petition.|Added by Acts 1997, 75th Leg., ch. 451, Sec. 3, eff. Sept. 1, 1997.|
TX Prop § 201.006 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 201 - Restrictive Covenants Applicable to Certain Subdivisions|Section 201.006. Petition Procedure

Sec. 201.006.  PETITION PROCEDURE.  (a)  A petition may be circulated, signed, acknowledged, and filed by or on behalf of owners at any time during the circulating committee's existence.  The petition must conform to the requirements of Section 201.007.(b)  The petition may be filed not later than one year after the date on which the notice required by Section 201.005(a) is filed. The petition must be signed and acknowledged by owners who own, in the aggregate:(1)  a majority of the total number of lots in the subdivision, in order to extend, renew, or create restrictions;(2)  a majority of the total number of separately owned parcels, tracts, or building sites in the subdivision, whether or not the parcels, tracts, or building sites contain part or all of one or more platted lots or combinations of lots, in order to extend, renew, or create restrictions;(3)  a majority of the square footage within all of the lots in the subdivision, excluding any area dedicated or used exclusively for roadways or public purposes or by utilities, in order to extend, renew, or create restrictions;(4)  at least 75 percent of the total number of lots in the subdivision, in order to modify or add to existing restrictions;(5)  at least 75 percent of the total number of separately owned parcels, tracts, or building sites in the subdivision, whether or not the parcels, tracts, or building sites contain part or all of one or more platted lots or combination of lots, in order to modify or add to existing restrictions;  or(6)  at least 75 percent of the square footage within all of the lots in the subdivision, excluding any area dedicated or used exclusively for roadways or public purposes or by utilities, in order to modify or add to existing restrictions.(c)  If, after August 31, 1988, a court of competent jurisdiction holds any provision of a restrictive covenant affecting a subdivision to which this chapter applies invalid, a petition committee authorized by this chapter may file a petition not later than one year after the date on which the judgment is rendered.  For this purpose, the five-year limitation period in Section 201.005(f) does not apply.(d)  The petition is effective if signed and acknowledged by the required number of owners of any one of the classifications of property specified in Subsection (b) and is filed as provided by Subsection (f).(e)  After an owner signs a petition, the fact that the owner subsequently conveys the land in the subdivision does not affect the previous signing of the petition.(f)  The petition must be filed with the county clerk of each county in which the subdivision is located.|Added by Acts 1985, 69th Leg., ch. 309, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 712, Sec. 4, eff. June 18, 1987;  Acts 1991, 72nd Leg., ch. 822, Sec. 4, eff. Sept. 1, 1991.|