reglab/statecodes huggingface dataset:
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 82 - Uniform Condominium Act › Subchapter C. Condominium Management › Section 82.112. Assessments for Common Expenses

Sec. 82.112.  ASSESSMENTS FOR COMMON EXPENSES.  (a)  Until an association makes a common expense assessment, a declarant shall pay all the expenses of the condominium as the expenses accrue.  After an initial assessment by an association, assessments must be made at least annually and must be based on a budget adopted at least annually by the association.  The association's reserves and the unit owners' working capital contributions may not be used to pay operational expenses until the declarant control terminates.
(b)  From the date of the initial assessment until declarant control terminates, or three years from a declarant's first conveyance of a unit, whichever is earlier, the declarant shall periodically pay to the association:
(1)  an amount equal to all operational expenses of the association, less the operational expense portion of the assessments paid by unit owners other than declarant;  or
(2)  the common expense liability allocated to each unit owned by the declarant.
(c)  Common expenses shall be assessed against all units conveyed, rented, or used as models or offices by the declarant and against all units owned by a declarant after termination of a declarant's control or three years from a declarant's first conveyance of a unit, whichever is earlier, in accordance with the common expense liability allocated to each unit.  A past due assessment or installment of an assessment may bear interest at a lawful rate established by the association.
(d)  Except as provided by the declaration and Section 82.107, a common expense for the maintenance, repair, or replacement of a limited common element shall be assessed against all the units as if it were for a general common element.
(e)  If common expense liabilities are reallocated, common expense assessments and an assessment installment not yet due shall be recomputed in accordance with the reallocated common expense liabilities.
(f)  A declaration may allow the accumulation of reserve funds for an unspecified period to provide for any anticipated expense of the condominium.
(g)  This section does not prevent a declarant from collecting from a purchaser at closing the prorated amount of any expenses, such as insurance or taxes, that the declarant has prepaid to the association or directly to others on behalf of the unit that is being purchased.
Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994.
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 82 - Uniform Condominium Act › Subchapter C. Condominium Management › Section 82.114. Association Records

Sec. 82.114.  ASSOCIATION RECORDS.  (a)  The association shall keep:
(1)  detailed financial records that comply with generally accepted accounting principles and that are sufficiently detailed to enable the association to prepare a resale certificate under Section 82.157;
(2)  the plans and specifications used to construct the condominium except for buildings originally constructed before January 1, 1994;
(3)  the condominium information statement prepared under Section 82.152 and any amendments;
(4)  the name and mailing address of each unit owner;
(5)  voting records, proxies, and correspondence relating to amendments to the declaration;  and
(6)  minutes of meetings of the association and board.
(b)  All financial and other records of the association shall be reasonably available at its registered office or its principal office in this state for examination and production in accordance with Section 82.1141.
(c)  The association shall, as a common expense, annually obtain an independent audit of the records.  Copies of the audit must be made available to the unit owners.  An audit required by this subsection shall be performed by a certified public accountant if required by the bylaws or a vote of the board of directors or a majority vote of the members of the association voting at a meeting of the association.
(d)  A declarant shall furnish copies to the association of the information required by Subsection (a) on the date the first unit is sold.
(e)  Not later than the 30th day after the date of acquiring an interest in a unit, the unit owner shall provide the association with:
(1)  the unit owner's mailing address, telephone number, and driver's license number, if any;
(2)  the name and address of the holder of any lien against the unit, and any loan number;
(3)  the name and telephone number of any person occupying the unit other than the unit owner;  and
(4)  the name, address, and telephone number of any person managing the unit as agent of the unit owner.
(f)  A unit owner shall notify the association not later than the 30th day after the date the owner has notice of a change in any information required by Subsection (e), and shall provide the information on request by the association from time to time.
Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 555 (S.B. 318), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 82 - Uniform Condominium Act › Subchapter C. Condominium Management › Section 82.115. Association as Trustee

Sec. 82.115.  ASSOCIATION AS TRUSTEE.  A third person dealing with an association in the association's capacity as a trustee may assume without inquiry the existence of trust powers and their proper exercise by the association.  A third person who lacks actual knowledge that an association is exceeding or improperly exercising its powers is fully protected in dealing with the association as if the association possessed and properly exercised the powers it purports to exercise.  A third person is not bound to ensure the proper application of trust assets paid or delivered to an association in its capacity as trustee.
Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994.
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 82 - Uniform Condominium Act › Subchapter C. Condominium Management › Section 82.116. Management Certificate

Sec. 82.116.  MANAGEMENT CERTIFICATE.  (a)  An association shall record in each county in which any portion of the condominium is located a certificate, signed and acknowledged by an officer of the association, stating:
(1)  the name of the condominium;
(2)  the name of the association;
(3)  the location of the condominium;
(4)  the recording data for the declaration;
(5)  the mailing address of the association, or the name and mailing address of the person or entity managing the association;  and
(6)  other information the association considers appropriate.
(a-1)  The county clerk of each county in which a management certificate is filed as required by this section shall record the management certificate in the real property records of the county and index the document as a "Condominium Association Management Certificate."
(b)  The association shall record a management certificate not later than the 30th day after the date the association has notice of a change in any information in a recorded certificate required by Subdivisions (a)(1)-(5).
(c)  The association and its officers, directors, employees, and agents are not subject to liability to any person for delay or failure to record a management certificate, unless the delay or failure is wilful or caused by gross negligence.
Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 678 (H.B. 2075), Sec. 6, eff. September 1, 2013.
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 82 - Uniform Condominium Act › Subchapter C. Condominium Management › Section 82.117. Obligations of Unit Owners

Sec. 82.117.  OBLIGATIONS OF UNIT OWNERS.  Without limiting the obligations of the unit owners and except as provided by the declaration, bylaws, rules of the association, or this chapter, the unit owner:
(1)  shall pay assessments, interest, and other charges properly levied by the association against the owner or the owner's unit, and shall pay regular periodic assessments without demand by the association;
(2)  shall comply with the declaration, bylaws, and rules of the association, including any amendments;
(3)  shall pay for damage to the condominium caused by the negligence or wilful misconduct of the owner, an occupant of the owner's unit, or the owner or occupant's family, guests, employees, contractors, agents, or invitees;  and
(4)  is liable to the association for violations of the declaration, bylaws, or rules of the association, including any amendments, by the owner, an occupant of the owner's unit, or the owner or occupant's family, guests, employees, agents, or invitees, and for costs incurred by the association to obtain compliance, including attorney's fees whether or not suit is filed.
Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994.
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 82 - Uniform Condominium Act › Subchapter C. Condominium Management › Section 82.118. Service of Process on Unit Owners in Certain Municipalities; Change of Address Required

Sec. 82.118.  SERVICE OF PROCESS ON UNIT OWNERS IN CERTAIN MUNICIPALITIES; CHANGE OF ADDRESS REQUIRED.  (a)  A unit owner of a condominium located wholly or partly in a municipality with a population of more than 1.9 million may be served with process by the municipality or the municipality's agent for a judicial or administrative proceeding initiated by the municipality and directly related to the unit owner's property interest in the condominium by serving the unit owner at the unit owner's last known address, according to the records of the appraisal district in which the condominium is located, by any means permitted by Rule 21a, Texas Rules of Civil Procedure.
(b)  Notwithstanding Subsection (a), a unit owner may not offer proof in the judicial or administrative proceeding, or in a subsequent related proceeding, that otherwise proper service by mail of the notice was not received not later than three days after the date the notice was deposited in a post office or official depository under the care and custody of the United States Postal Service.
(c)  Not later than the 90th day after the date a unit owner changes the unit owner's mailing address, the owner must provide written notice of the owner's new address to the  appraisal district in which the condominium is located.
Added by Acts 2009, 81st Leg., R.S., Ch. 1323 (H.B. 3128), Sec. 2, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 693 (H.B. 364), Sec. 2, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 693 (H.B. 364), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 82 - Uniform Condominium Act › Subchapter C. Condominium Management › Section 82.120. Binding Arbitration for Certain Claims

Sec. 82.120.  BINDING ARBITRATION FOR CERTAIN CLAIMS.  (a)  A declaration may provide that a claim pertaining to the construction or design of a unit or the common elements must be resolved by binding arbitration and may provide for a process by which the claim is resolved.
(b)  An amendment to the declaration that modifies or removes the arbitration requirement or the process associated with resolution of a claim may not apply retroactively to a claim regarding the construction or design of units or common elements based on an alleged act or omission that occurred before the date of the amendment.
Added by Acts 2015, 84th Leg., R.S., Ch. 730 (H.B. 1455), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 82 - Uniform Condominium Act › Subchapter C. Condominium Management › Section 82.121. Possession of Firearm or Firearm Ammunition on Condominium Property

Sec. 82.121.  POSSESSION OF FIREARM OR FIREARM AMMUNITION ON CONDOMINIUM PROPERTY.  (a)  Unless possession of a firearm or firearm ammunition on condominium property is prohibited by state or federal law, a condominium unit owner, or a tenant or guest of a condominium unit owner, or a guest of a tenant of a condominium unit owner may not be prohibited from lawfully possessing, carrying, transporting, or storing a firearm, any part of a firearm, or firearm ammunition:
(1)  in the condominium unit owner's unit;
(2)  in a vehicle located in a parking area provided for the residents or guests of the condominium property; or
(3)  in other common element locations as necessary to:
(A)  enter or exit the condominium property;
(B)  enter or exit the condominium unit owner's unit; or
(C)  enter or exit a vehicle on the condominium property or located in a parking area provided for residents or guests of the condominium property.
(b)  This section applies notwithstanding any provision of a dedicatory instrument to the contrary and regardless of the date of the provision's adoption.
Added by Acts 2019, 86th Leg., R.S., Ch. 39 (H.B. 302), Sec. 5, eff. September 1, 2019.
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 82 - Uniform Condominium Act › Subchapter D. Protection of Purchasers › Section 82.151. Applicability

Sec. 82.151.  APPLICABILITY.  (a)  This subchapter applies to each unit subject to this chapter, except as provided by Subsection (b) or as modified or waived by the agreement of a purchaser of a unit in a condominium in which all units are restricted to nonresidential use.
(b)  A condominium information statement or resale certificate need not be prepared or delivered in the case of:
(1)  a gratuitous disposition of a unit;
(2)  a disposition pursuant to court order;
(3)  a disposition by a government or governmental agency;
(4)  a disposition by foreclosure or deed in lieu of foreclosure;  or
(5)  a disposition that may be canceled at any time, for any reason, and without penalty.
Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994.
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 82 - Uniform Condominium Act › Subchapter D. Protection of Purchasers › Section 82.152. Liability for Condominium Information Statement

Sec. 82.152.  LIABILITY FOR CONDOMINIUM INFORMATION STATEMENT.  (a)  Except as provided by Subsection (b), a declarant shall prepare a condominium information statement before offering to the public any interest in a unit.
(b)  A declarant may transfer responsibility for preparation of all or a part of the condominium information statement to a successor declarant or to a person in the business of selling real property who intends to offer units in the condominium for the person's own account.  On such transfer, the transferor shall provide the transferee with any information necessary to enable the transferee to prepare a condominium information statement.
(c)  A declarant or other person in the business of selling real property who offers a unit for the person's own account to a purchaser shall provide a purchaser of a unit with a copy of the condominium information statement, as amended, before conveyance of the unit or the date of a contract of sale, whichever is earlier.
(d)  The person preparing all or part of the condominium information statement is liable for any false or misleading statement or for any omission of material fact in the portion of the condominium information statement that the person prepared.  If a declarant did not prepare any part of a condominium information statement that the declarant delivers, the declarant is not liable for any false or misleading statement or any omission of material fact unless the declarant actually knew or should have known of the statement or omission.
Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994.
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 82 - Uniform Condominium Act › Subchapter D. Protection of Purchasers › Section 82.154. Condominiums With Conversion Buildings

Sec. 82.154.  CONDOMINIUMS WITH CONVERSION BUILDINGS.  If a building contains units that may be occupied for residential use, the condominium information statement of a condominium containing any conversion building must additionally contain:
(1)  a dated statement by the declarant, based on a report by an independent architect or engineer, describing the present condition of all structural components and mechanical and electrical installations material to the use and enjoyment of the building;
(2)  a dated statement by the declarant of the expected useful life of each item reported in Subdivision (1) or a statement that no representations are made in that regard;  and
(3)  a list of violations of building code or other governmental regulations of which the declarant has received notice and that have not been cured, together with the estimated cost of curing those violations.
Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994.
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 82 - Uniform Condominium Act › Subchapter D. Protection of Purchasers › Section 82.155. Condominium Securities

Sec. 82.155.  CONDOMINIUM SECURITIES.  A declarant satisfies all requirements relating to preparation of a condominium information statement if an interest in the condominium is currently registered with the Securities and Exchange Commission of the United States and if the declarant delivers to the purchaser a copy of the public offering statement filed with the commission.
Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994.
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 82 - Uniform Condominium Act › Subchapter D. Protection of Purchasers › Section 82.156. Purchaser's Right to Cancel

Sec. 82.156.  PURCHASER'S RIGHT TO CANCEL.  (a)  If a purchaser of a unit from a unit owner other than a declarant has not received from the seller the declaration, bylaws, and association rules required by Section 82.157 before the purchaser executes a contract of sale or if the contract does not contain an underlined or bold-print provision acknowledging the purchaser's receipt of those documents and recommending that the purchaser read those documents before executing the contract, the purchaser may cancel the contract before the sixth day after the date the purchaser receives those documents.  If a purchaser has not received a resale certificate before executing a contract of sale, the purchaser may cancel the contract before the sixth day after the date the purchaser receives the resale certificate or executes a waiver under Section 82.157, whichever occurs first.
(b)  If a purchaser from a declarant has not received the condominium information statement before the purchaser executes a contract of sale or if a contract does not contain an underlined or bold-print provision acknowledging the purchaser's receipt of the condominium information statement and recommending that the purchaser read the condominium information statement before executing the contract, the purchaser may cancel the contract before the sixth day after the date the purchaser receives the condominium information statement.
(c)  If a purchaser elects to cancel a contract under Subsection (a) or (b), the cancellation must be by hand-delivering written notice of cancellation to the declarant or selling unit owner or by mailing notice of cancellation by certified United States mail, return receipt requested, to the offeror or the offeror's agent for service of process within the five-day cancellation period.  Cancellation is without penalty, and all payments made by the purchaser before cancellation must be refunded.
(d)  A selling unit owner may not require a purchaser to close until the purchaser is given the declaration, bylaws, and any association rules.  A declarant may not require a purchaser to close until a condominium information statement has been furnished to the purchaser.
Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994.
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 82 - Uniform Condominium Act › Subchapter D. Protection of Purchasers › Section 82.158. Escrow of Deposits

Sec. 82.158.  ESCROW OF DEPOSITS.  A deposit made in connection with the purchase or reservation of a unit from a declarant shall be placed in escrow and held in this state in an account designated for that purpose by a real estate broker, an attorney, a title insurance company licensed in this state, an independent bonded escrow company, or an institution whose accounts are insured by a governmental agency or instrumentality until delivered to the declarant at closing, delivered to the declarant because of the purchaser's default under a contract to purchase the unit, or refunded to the purchaser.  Escrow deposits may be placed in interest-bearing accounts, and the interest is payable as may be agreed in writing between the declarant and the purchaser.
Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994.
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 82 - Uniform Condominium Act › Subchapter D. Protection of Purchasers › Section 82.159. Release of Liens

Sec. 82.159.  RELEASE OF LIENS.  Before conveying real property to an association, a declarant shall have that real property released from all liens the foreclosure of which would deprive unit owners of any right of access to or easement of support of the owners' units, and all other liens on that real property unless the condominium information statement describes certain real property that may be conveyed subject to liens in specified amounts.
Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994.
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 82 - Uniform Condominium Act › Subchapter D. Protection of Purchasers › Section 82.160. Conversion Buildings

Sec. 82.160.  CONVERSION BUILDINGS.  (a)  A declarant of a condominium containing a conversion building shall give each residential tenant or subtenant in possession of a portion of a conversion building notice of the conversion at least 60 days before the date the declarant will require the tenant or subtenant in possession to vacate.  The notice must state generally the rights of tenants and subtenants under this section and shall be hand-delivered to the unit or mailed by certified United States mail, return receipt requested, to the tenant or subtenant at the address of the unit or any other mailing address provided by the tenant or subtenant.  The declarant may not require a tenant or subtenant to vacate on less than 60 days' notice, except for nonpayment of rent, waste, or conduct that violates the rental agreement or is illegal, and the terms of a tenancy may not be altered during that period.  Failure of a declarant to give notice as required by this section is a defense to an action for possession.
(b)  If a notice of conversion specifies a date by which a unit or proposed unit must be vacated and otherwise complies with Section 24.005, the notice also constitutes legal notice to vacate on that date for purposes of Section 24.005.  A declarant may not terminate a lease in violation of its terms.
(c)  Unless expressly authorized by a rental agreement, a declarant may not make substantial alterations to the interior of a leased premises for purposes of a condominium conversion.
Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994.
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 82 - Uniform Condominium Act › Subchapter D. Protection of Purchasers › Section 82.161. Effect of Violations on Rights of Action and Attorney's Fees

Sec. 82.161.  EFFECT OF VIOLATIONS ON RIGHTS OF ACTION AND ATTORNEY'S FEES.  (a)  If a declarant or any other person subject to this chapter violates this chapter, the declaration, or the bylaws, any person or class of persons adversely affected by the violation has a claim for appropriate relief.
(b)  The prevailing party in an action to enforce the declaration, bylaws, or rules is entitled to reasonable attorney's fees and costs of litigation from the nonprevailing party.
Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994.
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 82 - Uniform Condominium Act › Subchapter D. Protection of Purchasers › Section 82.162. Labeling of Promotional Material

Sec. 82.162.  LABELING OF PROMOTIONAL MATERIAL.  If any improvement contemplated in a condominium is labeled "NEED NOT BE BUILT" on a plat or plan or is to be located within a portion of a condominium with respect to which the declarant has reserved a development right, no promotional material that describes or depicts the improvement may be displayed or delivered to prospective purchasers unless the description or depiction of the improvement is conspicuously labeled or identified as "NEED NOT BE BUILT."
Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994.
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 82 - Uniform Condominium Act › Subchapter D. Protection of Purchasers › Section 82.163. Declarant's Obligation to Complete and Restore

Sec. 82.163.  DECLARANT'S OBLIGATION TO COMPLETE AND RESTORE.  The declarant shall complete all improvements labeled "MUST BE BUILT" on plats or plans.  The declarant is subject to liability for the prompt repair and restoration, to a condition compatible with the remainder of the condominium, of any portion of the condominium affected by the exercise of rights reserved pursuant to or created under this chapter.
Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994.
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 82 - Uniform Condominium Act › Subchapter D. Protection of Purchasers › Section 82.164. Loans as Eligible Investments

Sec. 82.164.  LOANS AS ELIGIBLE INVESTMENTS.  (a)  A loan on a condominium unit and the undivided interest in the common elements is an eligible investment for a bank, savings and loan association, trust company, life insurance company, or other lending institution that is authorized to make real property loans, and for an administrator, guardian, executor, trustee, individual, partnership, corporation, or other fiduciary that is authorized to make real property loans.  In determining eligibility, the existence of a prior lien for taxes, assessments, or other similar charges not yet delinquent may not be considered in determining whether a mortgage or deed of trust on the security is a first lien.  This section does not change any provision of law that would otherwise be applicable that limits mortgage investments based on a special fraction or percentage of the value of the mortgaged property.
(b)  An association's lien for assessments does not make a condominium unit ineligible for loans for which the unit would otherwise qualify.
Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 91 - Provisions Generally Applicable to Landlords and Tenants › Section 91.001. Notice for Terminating Certain Tenancies

Sec. 91.001.  NOTICE FOR TERMINATING CERTAIN TENANCIES.  (a)  A monthly tenancy or a tenancy from month to month may be terminated by the tenant or the landlord giving notice of termination to the other.
(b)  If a notice of termination is given under Subsection (a) and if the rent-paying period is at least one month, the tenancy terminates on whichever of the following days is the later:
(1)  the day given in the notice for termination;  or
(2)  one month after the day on which the notice is given.
(c)  If a notice of termination is given under Subsection (a) and if the rent-paying period is less than a month, the tenancy terminates on whichever of the following days is the later:
(1)  the day given in the notice for termination;  or
(2)  the day following the expiration of the period beginning on the day on which notice is given and extending for a number of days equal to the number of days in the rent-paying period.
(d)  If a tenancy terminates on a day that does not correspond to the beginning or end of a rent-paying period, the tenant is liable for rent only up to the date of termination.
(e)  Subsections (a), (b), (c), and (d) do not apply if:
(1)  a landlord and a tenant have agreed in an instrument signed by both parties on a different period of notice to terminate the tenancy or that no notice is required;  or
(2)  there is a breach of contract recognized by law.
Acts 1983, 68th Leg., p. 3625, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1985, 69th Leg., ch. 200, Sec. 3, eff. Aug. 26, 1985.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 91 - Provisions Generally Applicable to Landlords and Tenants › Section 91.003. Termination of Lease Because of Public Indecency Conviction

Sec. 91.003.  TERMINATION OF LEASE BECAUSE OF PUBLIC INDECENCY CONVICTION.  (a)  A landlord may terminate a lease executed or renewed after June 15, 1981, if:
(1)  the tenant or occupant of the leasehold uses the property for an activity for which the tenant or occupant or for which an agent or employee of the tenant or occupant is convicted under Chapter 43, Penal Code, as amended;  and
(2)  the convicted person has exhausted or abandoned all avenues of direct appeal from the conviction.
(b)  The fee owner or an intermediate lessor terminates the lease by giving written notice of termination to the tenant or occupant within six months after the right to terminate arises under this section.  The right to possess the property reverts to the landlord on the 10th day after the date the notice is given.
(c)  This section applies regardless of a term of the lease to the contrary.
Acts 1983, 68th Leg., p. 3627, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 91 - Provisions Generally Applicable to Landlords and Tenants › Section 91.004. Landlord's Breach of Lease; Lien

Sec. 91.004.  LANDLORD'S BREACH OF LEASE;  LIEN.  (a)  If the landlord of a tenant who is not in default under a lease fails to comply in any respect with the lease agreement, the landlord is liable to the tenant for damages resulting from the failure.
(b)  To secure payment of the damages, the tenant has a lien on the landlord's nonexempt property in the tenant's possession and on the rent due to the landlord under the lease.
Acts 1983, 68th Leg., p. 3627, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 91 - Provisions Generally Applicable to Landlords and Tenants › Section 91.005. Subletting Prohibited

Sec. 91.005.  SUBLETTING PROHIBITED.  During the term of a lease, the tenant may not rent the leasehold to any other person without the prior consent of the landlord.
Acts 1983, 68th Leg., p. 3627, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 91 - Provisions Generally Applicable to Landlords and Tenants › Section 91.006. Landlord's Duty to Mitigate Damages

Sec. 91.006.  LANDLORD'S DUTY TO MITIGATE DAMAGES.  (a)  A landlord has a duty to mitigate damages if a tenant abandons the leased premises in violation of the lease.
(b)  A provision of a lease that purports to waive a right or to exempt a landlord from a liability or duty under this section is void.
Added by Acts 1997, 75th Leg., ch. 1205, Sec. 8, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter A. General Provisions › Section 92.001. Definitions

Sec. 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 a single lease to one or more tenants.
(2)  "Landlord" means the owner, lessor, or sublessor of a dwelling, but does not include a manager or agent of the landlord unless the manager or agent purports to be the owner, lessor, or sublessor in an oral or written lease.
(3)  "Lease" means any written or oral agreement between a landlord and tenant that establishes or modifies the terms, conditions, rules, or other provisions regarding the use and occupancy of a dwelling.
(4)  "Normal wear and tear" means deterioration that results from the intended use of a dwelling, including, for the purposes of Subchapters B and D, 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, by a member of the tenant's household, or by a guest or invitee of the tenant.
(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.
(6)  "Tenant" means a person who is authorized by a lease to occupy a dwelling to the exclusion of others and, for the purposes of Subchapters D, E, and F, who is obligated under the lease to pay rent.
Acts 1983, 68th Leg., p. 3630, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1993, 73rd Leg., ch. 48, Sec. 12, eff. Sept. 1, 1993;  Acts 1993, 73rd Leg., ch. 357, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter A. General Provisions › Section 92.002. Application

Sec. 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, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter A. General Provisions › Section 92.003. Landlord's Agent for Service of Process

Sec. 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 obligation of the owner as landlord of the dwelling, the owner's agent for service of process is determined according to this section.
(b)  If written notice of the name and business street address of the company that manages the dwelling has been given to the tenant, the management company is the owner's sole agent for service of process.
(c)  If Subsection (b) does not apply, the owner's management company, on-premise manager, or rent collector serving the dwelling is the owner's authorized agent for service of process unless the owner's name and business street address have been furnished in writing to the tenant.
Acts 1983, 68th Leg., p. 3631, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter A. General Provisions › Section 92.004. Harassment

Sec. 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 to the defendant for one month's rent plus $100 and for attorney's fees.
Acts 1983, 68th Leg., p. 3631, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter A. General Provisions › Section 92.005. Attorney's Fees

Sec. 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 and reasonable attorney's fees in relation to work reasonably expended.
(b)  This section does not authorize a recovery of attorney's fees in an action brought under Subchapter E or F for damages that relate to or arise from property damage, personal injury, or a criminal act.
Acts 1983, 68th Leg., p. 3631, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1993, 73rd Leg., ch. 357, Sec. 2, eff. Sept. 1, 1993;  Acts 1999, 76th Leg., ch. 1439, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter A. General Provisions › Section 92.007. Venue

Sec. 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, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1989, 71st Leg., ch. 332, Sec. 1, eff. Sept. 1, 1989;  Acts 1989, 71st Leg., ch. 650, Sec. 2, eff. Aug. 28, 1989;  Acts 1993, 73rd Leg., ch. 48, Sec. 13, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 138, Sec. 9, eff. Aug. 28, 1995.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter A. General Provisions › Section 92.010. Occupancy Limits

Sec. 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 number of bedrooms in the dwelling.
(b)  A landlord may allow an occupancy rate of more than three adult tenants per bedroom:
(1)  to the extent that the landlord is required by a state or federal fair housing law to allow a higher occupancy rate;  or
(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.
(c)  An individual who owns or leases a dwelling within 3,000 feet of a dwelling as to which a landlord has violated this section, or a governmental entity or civic association acting on behalf of the individual, may file suit against a landlord to enjoin the violation.  A party who prevails in a suit under this subsection may recover court costs and reasonable attorney's fees from the other party.  In addition to court costs and reasonable attorney's fees, a plaintiff who prevails under this subsection may recover from the landlord $500 for each violation of this section.
(d)  In this section:
(1)  "Adult" means an individual 18 years of age or older.
(2)  "Bedroom" means an area of a dwelling intended as sleeping quarters.  The term does not include a kitchen, dining room, bathroom, living room, utility room, or closet or storage area of a dwelling.
Added by Acts 1993, 73rd Leg., ch. 937, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 7.002(o), eff. Sept. 1, 2003.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter A. General Provisions › Section 92.011. Cash Rental Payments

Sec. 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 rental payments by check, money order, or other traceable or negotiable instrument.
(b)  A landlord who receives a cash rental payment shall:
(1)  provide the tenant with a written receipt;  and
(2)  enter the payment date and amount in a record book maintained by the landlord.
(c)  A tenant or a governmental entity or civic association acting on the tenant's behalf may file suit against a landlord to enjoin a violation of this section.  A party who prevails in a suit brought under this subsection may recover court costs and reasonable attorney's fees from the other party.  In addition to court costs and reasonable attorney's fees, a tenant who prevails under this subsection may recover from the landlord the greater of one month's rent or $500 for each violation of this section.
Added by Acts 1993, 73rd Leg., ch. 938, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Property Code Sec. 92.010 by Acts 1995, 74th Leg., ch. 76, Sec. 17.01(44), eff. Sept. 1, 1995.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter A. General Provisions › Section 92.012. Notice to Tenant at Primary Residence

Sec. 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 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:
(1)  all notices of lease violations;
(2)  all notices of lease termination;
(3)  all notices of rental increases at the end of the lease term;  and
(4)  all notices to vacate.
(b)  The tenant shall notify the landlord in writing of any change in the tenant's primary residence address.  Oral notices of change are insufficient.
(c)  A notice to a tenant's primary residence under Subsection (a) may be sent by regular United States mail and shall be considered as having been given on the date of postmark of the notice.
(d)  If there is more than one tenant on a lease, the landlord is not required under this section to send notices to the primary residence of more than one tenant.
(e)  This section does not apply if notice is actually hand delivered to and received by a person occupying the leased premises.
Added by Acts 1997, 75th Leg., ch. 1205, Sec. 10, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter A. General Provisions › Section 92.013. Notice of Rule or Policy Change Affecting Tenant's Personal Property

Sec. 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 agreement and that will affect any personal property owned by the tenant that is located outside the tenant's dwelling.  A landlord shall provide to the tenant in a multiunit complex, as that term is defined by Section 92.151, a copy of any applicable vehicle towing or parking rules or policies of the landlord and any changes to those rules or policies as provided by Section 92.0131.
(b)  The notice must be given in person or by mail to the affected tenant.  Notice in person may be by personal delivery to the tenant or any person residing at the tenant's dwelling who is 16 years of age or older or by personal delivery to the tenant's dwelling and affixing the notice to the inside of the main entry door.  Notice by mail may be by regular mail, by registered mail, or by certified mail, return receipt requested.  If the dwelling has no mailbox and has a keyless bolting device, alarm system, or dangerous animal that prevents the landlord from entering the premises to leave the notice on the inside of the main entry door, the landlord may securely affix the notice on the outside of the main entry door.
(c)  A landlord who fails to give notice as required by this section is liable to the tenant for any expense incurred by the tenant as a result of the landlord's failure to give the notice.
Added by Acts 1999, 76th Leg., ch. 942, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1060 (H.B. 1399), Sec. 1, eff. January 1, 2006.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter A. General Provisions › Section 92.0132. Term of Parking Permit

Sec. 92.0132.  TERM OF PARKING PERMIT.  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
(2)  may not terminate or suspend the permit until the date the tenant's right of possession ends.
Added by Acts 2019, 86th Leg., R.S., Ch. 409 (H.B. 1002), Sec. 1, eff. January 1, 2020.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter A. General Provisions › Section 92.015. Tenant's Right to Summon Police or Emergency Assistance

Sec. 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 based on the tenant's reasonable belief that an individual is in need of intervention or emergency assistance; or
(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.
(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
(2)  exempt any party from a liability or a duty under this section.
(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;
(3)  court costs;
(4)  injunctive relief;  and
(5)  reasonable attorney's fees incurred by the tenant in seeking enforcement of this section.
(d)  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.
(e)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 337 (H.B. 1099), Sec. 2, eff. September 1, 2017.
Added by Acts 2003, 78th Leg., ch. 794, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 337 (H.B. 1099), Sec. 1, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 337 (H.B. 1099), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter A. General Provisions › Section 92.0162. Right to Vacate and Avoid Liability Following Tenant's Death

Sec. 92.0162.  RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING TENANT'S DEATH.  (a)  A representative of the estate of a tenant who dies before the expiration of the tenant's lease and was, at the time of the tenant's death, the sole occupant of a rental dwelling may terminate the tenant's rights and obligations under the lease and may vacate the leased premises and avoid liability for future rent and any other sums due under the lease for terminating the lease and vacating the leased premises before the end of the lease term if:
(1)  the representative provides to the landlord or the landlord's agent written notice of the termination of the lease under this section;
(2)  the deceased tenant's property is removed from the leased premises in accordance with Section 92.014(c) or (d); and
(3)  the representative signs an inventory of the removed property, if required by the landlord or the landlord's agent.
(b)  Termination of a lease under this section is effective on the later of:
(1)  the 30th day after the date on which the notice under Subsection (a) was provided; or
(2)  the date on which all of the conditions in Subsection (a) have been met.
(c)  After receipt of the notice provided under Subsection (a), the landlord shall provide a copy of the written lease agreement to the person who provided the notice on written request of that person.
(d)  This section does not affect the obligations or liability of the tenant or the tenant's estate under the lease before the lease is terminated under this section, including the liability of the tenant or the tenant's estate for:
(1)  delinquent, unpaid rent; and
(2)  damages to the leased premises not caused by normal wear and tear.
(e)  A landlord or landlord's agent who lawfully permits a person described by Subsection (a) to enter or facilitates the person's entry into the leased premises under this section is not liable for an act or omission that arises in connection with permitting or facilitating the entry.
Added by Acts 2019, 86th Leg., R.S., Ch. 1349 (H.B. 69), Sec. 1, eff. January 1, 2020.