reglab/statecodes huggingface dataset:
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter D. Security Devices › Section 92.162. Payment of Charges; Limits on Amount Charged

Sec. 92.162.  PAYMENT OF CHARGES;  LIMITS ON AMOUNT CHARGED.  (a)  A landlord may not require a tenant to pay for repair or replacement of a security device due to normal wear and tear.  A landlord may not require a tenant to pay for other repairs or replacements of a security device except as provided by Subsections (b), (c), and (d).
(b)  A landlord may require a tenant to pay for repair or replacement of a security device if an underlined provision in a written lease authorizes the landlord to do so and the repair or replacement is necessitated by misuse or damage by the tenant, a member of the tenant's family, an occupant, or a guest, and not by normal wear and tear.  Misuse of or damage to a security device that occurs during the tenant's occupancy is presumed to be caused by the tenant, a family member, an occupant, or a guest.  The tenant has the burden of proving that the misuse or damage was caused by another party.
(c)  A landlord may require a tenant to pay in advance charges for which the tenant is liable under this subchapter if a written lease authorizes the landlord to require advance payment, and the landlord notifies the tenant within a reasonable time after the tenant's request that advance payment is required, and:
(1)  the tenant is more than 30 days delinquent in reimbursing the landlord for charges to which the landlord is entitled under Subsection (b);  or
(2)  the tenant requested that the landlord repair, install, change, or rekey the same security device during the 30 days preceding the tenant's request, and the landlord complied with the request.
(d)  A landlord authorized by this subchapter to charge a tenant for repairing, installing, changing, or rekeying a security device under this subchapter may not require the tenant to pay more than the total cost charged by a third-party contractor for material, labor, taxes, and extra keys.  If the landlord's employees perform the work, the charge may include a reasonable amount for overhead but may not include a profit to the landlord.  If management company employees perform the work, the charge may include reasonable overhead and profit but may not exceed the cost charged to the owner by the management company for comparable security devices installed by management company employees at the owner's request and expense.
(e)  The owner of a dwelling shall reimburse a management company, managing agent, or on-site manager for costs expended by that person in complying with this subchapter.  A management company, managing agent, or on-site manager may reimburse itself for the costs from the owner's funds in its possession or control.
Added by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter D. Security Devices › Section 92.163. Removal or Alteration of Security Device by Tenant

Sec. 92.163.  REMOVAL OR ALTERATION OF SECURITY DEVICE BY TENANT.  A security device that is installed, changed, or rekeyed under this subchapter becomes a fixture of the dwelling.  Except as provided by Section 92.164(a)(1) or 92.165(1) regarding the remedy of repair-and-deduct, a tenant may not remove, change, rekey, replace, or alter a security device or have it removed, changed, rekeyed, replaced, or altered without permission of the landlord.
Added by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter D. Security Devices › Section 92.1641. Landlord's Defenses Relating to Installing or Rekeying Certain Security Devices

Sec. 92.1641.  LANDLORD'S DEFENSES RELATING TO INSTALLING OR REKEYING CERTAIN SECURITY DEVICES.  The landlord has a defense to liability under Section 92.164 if:
(1)  the tenant has not fully paid all rent then due from the tenant on the date the tenant gives a request under Section 92.157(c) or the notice required by Section 92.164; or
(2)  on the date the tenant terminates the lease or files suit the tenant has not fully paid costs requested by the landlord and authorized by Section 92.162.
Acts 1983, 68th Leg., p. 3645, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1993, 73rd Leg., ch. 48, Sec. 17, eff. Sept. 1, 1993.  Renumbered from Sec. 92.158 and amended 2001, 77th Leg., ch. 1420, Sec. 17.001(a), eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1072 (H.B. 2404), Sec. 3, eff. January 1, 2016.
Acts 2015, 84th Leg., R.S., Ch. 1198 (S.B. 1367), Sec. 8, eff. January 1, 2016.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter D. Security Devices › Section 92.165. Tenant Remedies for Other Landlord Violations

Sec. 92.165.  TENANT REMEDIES FOR OTHER LANDLORD VIOLATIONS.  If a landlord does not comply with a tenant's request regarding rekeying, changing, adding, repairing, or replacing a security device under Section 92.156(b), 92.157, or 92.158 in accordance with the time limits and other requirements of this subchapter, the tenant may:
(1)  install, repair, change, replace, or rekey the security devices as required by this subchapter and deduct the reasonable cost of material, labor, taxes, and extra keys from the tenant's next rent payment in accordance with Section 92.166;
(2)  unilaterally terminate the lease without court proceedings;  and
(3)  file suit against the landlord and obtain a judgment for:
(A)  a court order directing the landlord to comply, if the tenant is in possession of the dwelling;
(B)  the tenant's actual damages;
(C)  punitive damages if the tenant suffers actual damages and the landlord's failure to comply is intentional, malicious, or grossly negligent;
(D)  a civil penalty of one month's rent plus $500;
(E)  court costs;  and
(F)  attorney's fees except in suits for recovery of property damages, personal injuries, or wrongful death.
Added by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter D. Security Devices › Section 92.166. Notice of Tenant's Deduction of Repair Costs From Rent

Sec. 92.166.  NOTICE OF TENANT'S DEDUCTION OF REPAIR COSTS FROM RENT.  (a)  A tenant shall notify the landlord of a rent deduction attributable to the tenant's installing, repairing, changing, replacing, or rekeying of a security device under Section 92.164(a)(1) or 92.165(1) after the landlord's failure to comply with this subchapter.  The notice must be given at the time of the reduced rent payment.
(b)  Unless otherwise provided in a written lease, a tenant shall provide one duplicate of the key to any key-operated security device installed or rekeyed by the tenant under Section 92.164(a)(1) or 92.165(1) within a reasonable time after the landlord's written request for the key.
Added by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter D. Security Devices › Section 92.167. Landlord's Defenses Relating to Compliance With Tenant's Request

Sec. 92.167.  LANDLORD'S DEFENSES RELATING TO COMPLIANCE WITH TENANT'S REQUEST.  (a)  A landlord has a defense to liability under Section 92.165 if on the date the tenant terminates the lease or files suit the tenant has not fully paid costs requested by the landlord and authorized by this subchapter.
(b)  A management company or managing agent who is not the owner of a dwelling and who has not purported to be the owner in the lease has a defense to liability under Sections 92.164 and 92.165 if before the date the tenant is in possession of the dwelling or the date of the tenant's request for installation, repair, replacement, change, or rekeying and before any property damage or personal injury to the tenant, the management company or managing agent:
(1)  did not have funds of the dwelling owner in its possession or control with which to comply with this subchapter;
(2)  made written request to the dwelling owner that the owner fund and allow installation, repair, change, replacement, or rekeying of security devices as required under this subchapter and mailed the request, certified mail return receipt requested, to the dwelling owner;  and
(3)  not later than the third day after the date of receipt of the tenant's request, provided the tenant with a written notice:
(A)  stating that the management company or managing agent has taken the actions in Subdivisions (1) and (2);
(B)  stating that the owner has not provided or will not provide the necessary funds;  and
(C)  explaining the remedies available to the tenant for the landlord's failure to comply.
Added by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 17.001(b), eff. Sept. 1, 2001.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter D. Security Devices › Section 92.168. Tenant's Remedy on Notice From Management Company

Sec. 92.168.  TENANT'S REMEDY ON NOTICE FROM MANAGEMENT COMPANY.  The tenant may unilaterally terminate the lease or exercise other remedies under Sections 92.164 and 92.165 after receiving written notice from a management company that the owner of the dwelling has not provided or will not provide funds to repair, install, change, replace, or rekey a security device as required by this subchapter.
Added by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter D. Security Devices › Section 92.169. Agent for Delivery of Notice

Sec. 92.169.  AGENT FOR DELIVERY OF NOTICE.  A managing agent or an agent to whom rent is regularly paid, whether residing or maintaining an office on-site or off-site, is the agent of the landlord for purposes of notice and other communications required or permitted by this subchapter.
Added by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter D. Security Devices › Section 92.170. Effect on Other Landlord Duties and Tenant Remedies

Sec. 92.170.  EFFECT ON OTHER LANDLORD DUTIES AND TENANT REMEDIES.  The duties of a landlord and the remedies of a tenant under this subchapter are in lieu of common law, other statutory law, and local ordinances relating to a residential landlord's duty to install, change, rekey, repair, or replace security devices and a tenant's remedies for the landlord's failure to install, change, rekey, repair, or replace security devices, except that a municipal ordinance adopted before January 1, 1993, may require installation of security devices at the landlord's expense by an earlier date than a date required by this subchapter.  This subchapter does not affect a duty of a landlord or a remedy of a tenant under Subchapter B  regarding habitability.
Added by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter E. Disclosure of Ownership and Management › Section 92.201. Disclosure of Ownership and Management

Sec. 92.201.  DISCLOSURE OF OWNERSHIP AND MANAGEMENT.  (a)  A landlord shall disclose to a tenant, or to any government official or employee acting in an official capacity, according to this subchapter:
(1)  the name and either a street or post office box address of the holder of record title, according to the deed records in the county clerk's office, of the dwelling rented by the tenant or inquired about by the government official or employee acting in an official capacity;  and
(2)  if an entity located off-site from the dwelling is primarily responsible for managing the dwelling, the name and street address of the management company.
(b)  Disclosure to a tenant under Subsection (a) must be made by:
(1)  giving the information in writing to the tenant on or before the seventh day after the day the landlord receives the tenant's request for the information;
(2)  continuously posting the information in a conspicuous place in the dwelling or the office of the on-site manager or on the outside of the entry door to the office of the on-site manager on or before the seventh day after the date the landlord receives the tenant's request for the information;  or
(3)  including the information in a copy of the tenant's lease or in written rules given to the tenant before the tenant requests the information.
(c)  Disclosure of information to a tenant may be made under Subdivision (1) or (2) of Subsection (b) before the tenant requests the information.
(d)  Disclosure of information to a government official or employee must be made by giving the information in writing to the official or employee on or before the seventh day after the date the landlord receives the request from the official or employee for the information.
(e)  A correction to the information may be made by any of the methods authorized for providing the information.
(f)  For the purposes of this section, an owner or property manager may disclose either an actual name or names or an assumed name if an assumed name certificate has been recorded with the county clerk.
Acts 1983, 68th Leg., p. 3646, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1995, 74th Leg., ch. 869, Sec. 4, eff. Jan. 1, 1996.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter E. Disclosure of Ownership and Management › Section 92.202. Landlord's Failure to Disclose Information

Sec. 92.202.  LANDLORD'S FAILURE TO DISCLOSE INFORMATION.  (a)  A landlord is liable to a tenant or a governmental body according to this subchapter if:
(1)  after the tenant or government official or employee makes a request for information under Section 92.201, the landlord does not provide the information;  and
(2)  the landlord does not give the information to the tenant or government official or employee before the eighth day after the date the tenant, official, or employee gives the landlord written notice that the tenant, official, or employee may exercise remedies under this subchapter if the landlord does not comply with the request by the tenant, official, or employee for the information within seven days.
(b)  If the tenant's lease is in writing, the lease may require the tenant's initial request for information to be written.  A request by a government official or employee for information must be in writing.
Acts 1983, 68th Leg., p. 3647, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1995, 74th Leg., ch. 869, Sec. 4, eff. Jan. 1, 1996.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter E. Disclosure of Ownership and Management › Section 92.203. Landlord's Failure to Correct Information

Sec. 92.203.  LANDLORD'S FAILURE TO CORRECT INFORMATION.  A landlord who has provided information under Subdivision (2) or (3) of Subsection (b) of Section 92.201 is liable to a tenant according to this subchapter if:
(1)  the information becomes incorrect because a name or address changes;  and
(2)  the landlord fails to correct the information on or before the seventh day after the date the tenant gives the landlord written notice that the tenant may exercise the remedies under this subchapter if the corrected information is not provided within seven days.
Acts 1983, 68th Leg., p. 3647, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1995, 74th Leg., ch. 869, Sec. 4, eff. Jan. 1, 1996.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter E. Disclosure of Ownership and Management › Section 92.204. Bad Faith Violation

Sec. 92.204.  BAD FAITH VIOLATION.  A landlord acts in bad faith and is liable according to this subchapter if the landlord gives an incorrect name or address under Subsection (a) of Section 92.201 by wilfully:
(1)  disclosing incorrect information under Section 92.201(b)(1) or (2) or Section 92.201(d);  or
(2)  failing to correct information given under Section 92.201(b)(1) or (2) or Section 92.201(d) that the landlord knows is incorrect.
Acts 1983, 68th Leg., p. 3647, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1993, 73rd Leg., ch. 48, Sec. 18, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 869, Sec. 4, eff. Jan. 1, 1996.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter E. Disclosure of Ownership and Management › Section 92.205. Remedies

Sec. 92.205.  REMEDIES.  (a)  A tenant of a landlord who is liable under Section 92.202, 92.203, or 92.204 may obtain or exercise one or more of the following remedies:
(1)  a court order directing the landlord to make a disclosure required by this subchapter;
(2)  a judgment against the landlord for an amount equal to the tenant's actual costs in discovering the information required to be disclosed by this subchapter;
(3)  a judgment against the landlord for one month's rent plus $100;
(4)  a judgment against the landlord for court costs and attorney's fees;  and
(5)  unilateral termination of the lease without a court proceeding.
(b)  A governmental body whose official or employee has requested information from a landlord who is liable under Section 92.202 or 92.204 may obtain or exercise one or more of the following remedies:
(1)  a court order directing the landlord to make a disclosure required by this subchapter;
(2)  a judgment against the landlord for an amount equal to the governmental body's actual costs in discovering the information required to be disclosed by this subchapter;
(3)  a judgment against the landlord for $500;  and
(4)  a judgment against the landlord for court costs and attorney's fees.
Acts 1983, 68th Leg., p. 3648, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1995, 74th Leg., ch. 869, Sec. 4, eff. Jan. 1, 1996.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter E. Disclosure of Ownership and Management › Section 92.206. Landlord's Defense

Sec. 92.206.  LANDLORD'S DEFENSE.  A landlord has a defense to liability under Section 92.202 or 92.203 if the tenant owes rent on the date the tenant gives a notice required by either of those sections.  Rent delinquency is not a defense for a violation of Section 92.204.
Acts 1983, 68th Leg., p. 3648, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter E. Disclosure of Ownership and Management › Section 92.207. Agents for Delivery of Notice

Sec. 92.207.  AGENTS FOR DELIVERY OF NOTICE.  (a)  A managing or leasing agent, whether residing or maintaining an office on-site or off-site, is the agent of the landlord for purposes of:
(1)  notice and other communications required or permitted by this subchapter;
(2)  notice and other communications from a governmental body relating to a violation of health, sanitation, safety, or nuisance laws on the landlord's property where the dwelling is located, including notices of:
(A)  demands for abatement of nuisances;
(B)  repair of a substandard dwelling;
(C)  remedy of dangerous conditions;
(D)  reimbursement of costs incurred by the governmental body in curing the violation;
(E)  fines;  and
(F)  service of process.
(b)  If the landlord's name and business street address in this state have not been furnished in writing to the tenant or government official or employee, the person who collects the rent from a tenant is the landlord's authorized agent for purposes of Subsection (a).
Acts 1983, 68th Leg., p. 3648, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1995, 74th Leg., ch. 869, Sec. 4, eff. Jan. 1, 1996.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter E. Disclosure of Ownership and Management › Section 92.208. Additional Enforcement by Local Ordinance

Sec. 92.208.  ADDITIONAL ENFORCEMENT BY LOCAL ORDINANCE.  The duties of a landlord and the remedies of a tenant under this subchapter are in lieu of the common law, other statutory law, and local ordinances relating to the disclosure of ownership and management of a dwelling by a landlord to a tenant.  However, this subchapter does not prohibit the adoption of a local ordinance that conforms to this subchapter but which contains additional enforcement provisions.
Acts 1983, 68th Leg., p. 3648, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter F. Smoke Alarms and Fire Extinguishers › Section 92.251. Definitions

Sec. 92.251.  DEFINITIONS.  In this subchapter:
(1)  "Bedroom" means a room designed with the intent that it be used for sleeping purposes.
(2)  "Dwelling unit" means a home, mobile home, duplex unit, apartment unit, condominium unit, or any dwelling unit in a multiunit residential structure.  It also means a "dwelling" as defined by Section 92.001.
(3)  "Smoke alarm" means a device designed to detect and to alert occupants of a dwelling unit to the visible and invisible products of combustion by means of an audible alarm.
Acts 1983, 68th Leg., p. 3649, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 257 (H.B. 1168), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter F. Smoke Alarms and Fire Extinguishers › Section 92.252. Application of Other Law; Municipal Regulation

Sec. 92.252.  APPLICATION OF OTHER LAW; MUNICIPAL REGULATION.  (a)  The duties of a landlord and the remedies of a tenant under this subchapter are in lieu of common law, other statutory law, and local ordinances regarding a residential landlord's duty to install, inspect, or repair a fire extinguisher or smoke alarm in a dwelling unit.  However, this subchapter does not:
(1)  affect a local ordinance adopted before September 1, 1981, that requires landlords to install smoke alarms in new or remodeled dwelling units before September 1, 1981, if the ordinance conforms with or is amended to conform with this subchapter;
(2)  limit or prevent adoption or enforcement of a local ordinance relating to fire safety as a part of a building, fire, or housing code, including any requirements relating to the installation of smoke alarms or the type of smoke alarms;
(3)  otherwise limit or prevent the adoption of a local ordinance that conforms to this subchapter but which contains additional enforcement provisions, except as provided by Subsection (b); or
(4)  affect a local ordinance that requires regular inspections by local officials of smoke alarms in dwelling units and that requires smoke alarms to be operational at the time of inspection.
(b)  If a smoke alarm powered by battery has been installed in a dwelling unit built before September 1, 1987, in compliance with this subchapter and local ordinances, a local ordinance may not require that a smoke alarm powered by alternating current be installed in the unit unless:
(1)  the interior of the unit is repaired, remodeled, or rebuilt at a projected cost of more than $5,000 and:
(A)  the repair, remodeling, or rebuilding requires a municipal building permit; and
(B)  either:
(i)  the repair, remodeling, or rebuilding results in the removal of interior walls or ceiling finishes exposing the structure; or
(ii)  the interior of the unit provides access for building wiring through an attic, crawl space, or basement without the removal of interior walls or ceiling finishes;
(2)  an addition occurs to the unit at a projected cost of more than $5,000;
(3)  a smoke alarm powered by alternating current was actually installed in the unit at any time prior to September 1, 1987; or
(4)  a smoke alarm powered by alternating current was required by lawful city ordinance at the time of initial construction of the unit.
Acts 1983, 68th Leg., p. 3649, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1987, 70th Leg., ch. 475, Sec. 1, eff. Sept. 1, 1987;  Acts 1997, 75th Leg., ch. 1205, Sec. 13, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 257 (H.B. 1168), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter F. Smoke Alarms and Fire Extinguishers › Section 92.253. Exemptions

Sec. 92.253.  EXEMPTIONS.  (a)  This subchapter does not apply to:
(1)  a dwelling unit that is occupied by its owner, no part of which is leased to a tenant;
(2)  a dwelling unit in a building five or more stories in height in which smoke alarms are required or regulated by local ordinance; or
(3)  a nursing or convalescent home licensed by the Department of State Health Services and certified to meet the Life Safety Code under federal law and regulations.
(b)  Notwithstanding this subchapter, a person licensed to install fire alarms or fire detection devices under Chapter 6002, Insurance Code, shall comply with that chapter when installing smoke alarms.
Acts 1983, 68th Leg., p. 3649, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 257 (H.B. 1168), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter F. Smoke Alarms and Fire Extinguishers › Section 92.254. Smoke Alarm

Sec. 92.254.  SMOKE ALARM.  (a)  A smoke alarm must be:
(1)  designed to detect both the visible and invisible products of combustion;
(2)  designed with an alarm audible to a person in the bedrooms it serves; and
(3)   tested and listed for use as a smoke alarm by Underwriters Laboratories, Inc., Factory Mutual Research Corporation, or United States Testing Company, Inc.
(a-1)  If requested by a tenant as an accommodation for a person with a hearing-impairment disability or as required by law as a reasonable accommodation for a person with a hearing-impairment disability, a smoke alarm must, in addition to complying with Subsection (a), be capable of alerting a hearing-impaired person in the bedrooms it serves.
(b)  Except as provided by Section 92.255(b), a smoke alarm may be powered by battery, alternating current, or other power source as required by local ordinance.  The power system and installation procedure of a security device that is electrically operated rather than battery operated must comply with applicable local ordinances.
Acts 1983, 68th Leg., p. 3650, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1987, 70th Leg., ch. 475, Sec. 2, eff. Sept. 1, 1987.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 824 (S.B. 1715), Sec. 2, eff. January 1, 2010.
Acts 2011, 82nd Leg., R.S., Ch. 257 (H.B. 1168), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter F. Smoke Alarms and Fire Extinguishers › Section 92.255. Installation and Location

Sec. 92.255.  INSTALLATION AND LOCATION.  (a)  A landlord shall install at least one smoke alarm in each separate bedroom in a dwelling unit.  In addition:
(1)  if the dwelling unit is designed to use a single room for dining, living, and sleeping, the smoke alarm must be located inside the room;
(2)  if multiple bedrooms are served by the same corridor, at least one smoke alarm must be installed in the corridor in the immediate vicinity of the bedrooms; and
(3)  if the dwelling unit has multiple levels, at least one smoke alarm must be located on each level.
(b)  If a dwelling unit was occupied as a residence before September 1, 2011, or a certificate of occupancy was issued for the dwelling unit before that date, a smoke alarm installed in accordance with Subsection (a) may be powered by battery and is not required to be interconnected with other smoke alarms, except that a smoke alarm that is installed to replace a smoke alarm that was in place on the date the dwelling unit was first occupied as a residence must comply with residential building code standards that applied to the dwelling unit on that date or Section 92.252(b).
Acts 1983, 68th Leg., p. 3650, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 257 (H.B. 1168), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter F. Smoke Alarms and Fire Extinguishers › Section 92.257. Installation Procedure

Sec. 92.257.  INSTALLATION PROCEDURE.  (a)  Subject to Subsections (b) and (c), a smoke alarm must be installed according to the manufacturer's recommended procedures.
(b)  A smoke alarm must be installed on a ceiling or wall.  If on a ceiling, it must be no closer than six inches to a wall or otherwise located in accordance with the manufacturer's installation instructions.  If on a wall, it must be no closer than six inches and no farther than 12 inches from the ceiling or otherwise located in accordance with the manufacturer's installation instructions.
(c)  A smoke alarm may be located other than as required by Subsection (a) or (b) if a local ordinance or a local or state fire marshal approves.
Acts 1983, 68th Leg., p. 3651, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 257 (H.B. 1168), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter F. Smoke Alarms and Fire Extinguishers › Section 92.2571. Alternative Compliance

Sec. 92.2571.  ALTERNATIVE COMPLIANCE.  A landlord complies with the requirements of this subchapter relating to the provision of smoke alarms in the dwelling unit if the landlord:
(1)  has a fire detection device, as defined by Section 6002.002, Insurance Code, that includes a fire alarm device, as defined by Section 6002.002, Insurance Code, installed in a dwelling unit; or
(2)  for a dwelling unit that is a one-family or two-family dwelling unit, installs smoke detectors in compliance with Chapter 766, Health and Safety Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 1051 (H.B. 2118), Sec. 12, eff. September 1, 2007.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 257 (H.B. 1168), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter F. Smoke Alarms and Fire Extinguishers › Section 92.258. Inspection and Repair

Sec. 92.258.  INSPECTION AND REPAIR.  (a)  The landlord shall inspect and repair a smoke alarm according to this section.
(b)  The landlord shall determine that the smoke alarm is in good working order at the beginning of the tenant's possession by testing the smoke alarm with smoke, by operating the testing button on the smoke alarm, or by following other recommended test procedures of the manufacturer for the particular model.
(c)  During the term of a lease or during a renewal or extension, the landlord has a duty to inspect and repair a smoke alarm, but only if the tenant gives the landlord notice of a malfunction or requests to the landlord that the smoke alarm be inspected or repaired.  This duty does not exist with respect to damage or a malfunction caused by the tenant, the tenant's family, or the tenant's guests or invitees during the term of the lease or a renewal or extension, except that the landlord has a duty to repair or replace the smoke alarm if the tenant pays in advance the reasonable repair or replacement cost, including labor, materials, taxes, and overhead.
(d)  The landlord must comply with the tenant's request for inspection or repair of a smoke alarm within a reasonable time, considering the availability of material, labor, and utilities.
(e)  The landlord has met the duty to inspect and repair if the smoke alarm is in good working order after the landlord tests the smoke alarm with smoke, operates the testing button on the smoke alarm, or follows other recommended test procedures of the manufacturer for the particular model.
(f)  The landlord is not obligated to provide batteries for a battery-operated smoke alarm after a tenant takes possession if the smoke alarm was in good working order at the time the tenant took possession.
(g)  A smoke alarm that is in good working order at the beginning of a tenant's possession is presumed to be in good working order until the tenant requests repair of the smoke alarm as provided by this subchapter.
Acts 1983, 68th Leg., p. 3651, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1993, 73rd Leg., ch. 48, Sec. 19, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 869, Sec. 7, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 918, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 257 (H.B. 1168), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter F. Smoke Alarms and Fire Extinguishers › Section 92.259. Landlord's Failure to Install, Inspect, or Repair

Sec. 92.259.  LANDLORD'S FAILURE TO INSTALL, INSPECT, OR REPAIR.  (a)  A landlord is liable according to this subchapter if:
(1)  the landlord did not install a smoke alarm at the time of initial occupancy by the tenant as required by this subchapter or a municipal ordinance permitted by this subchapter; or
(2)  the landlord does not install, inspect, or repair the smoke alarm on or before the seventh day after the date the tenant gives the landlord written notice that the tenant may exercise his remedies under this subchapter if the landlord does not comply with the request within seven days.
(b)  If the tenant gives notice under Subsection (a)(2) and the tenant's lease is in writing, the lease may require the tenant to make the initial request for installation, inspection, or repair of a smoke alarm in writing.
Acts 1983, 68th Leg., p. 3652, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1995, 74th Leg., ch. 869, Sec. 8, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 918, Sec. 2, eff. Sept. 1, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 257 (H.B. 1168), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter F. Smoke Alarms and Fire Extinguishers › Section 92.260. Tenant Remedies

Sec. 92.260.  TENANT REMEDIES.  A tenant of a landlord who is liable under Section 92.259 may obtain or exercise one or more of the following remedies:
(1)  a court order directing the landlord to comply with the tenant's request if the tenant is in possession of the dwelling unit;
(2)  a judgment against the landlord for damages suffered by the tenant because of the landlord's violation;
(3)  a judgment against the landlord for a civil penalty of one month's rent plus $100 if the landlord violates Section 92.259(a)(2);
(4)  a judgment against the landlord for court costs;
(5)  a judgment against the landlord for attorney's fees in an action under Subdivision (1) or (3);  and
(6)  unilateral termination of the lease without a court proceeding if the landlord violates Section 92.259(a)(2).
Acts 1983, 68th Leg., p. 3653, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1995, 74th Leg., ch. 869, Sec. 9, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 918, Sec. 3, eff. Sept. 1, 1995.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter F. Smoke Alarms and Fire Extinguishers › Section 92.261. Landlord's Defenses

Sec. 92.261.  LANDLORD'S DEFENSES.  The landlord has a defense to liability under Section 92.259 if:
(1)  on the date the tenant gives the notice required by Section 92.259 the tenant has not paid all rent due from the tenant;  or
(2)  on the date the tenant terminates the lease or files suit the tenant has not fully paid costs requested by the landlord and authorized by Section 92.258.
Acts 1983, 68th Leg., p. 3653, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter F. Smoke Alarms and Fire Extinguishers › Section 92.262. Agents for Delivery of Notice

Sec. 92.262.  AGENTS FOR DELIVERY OF NOTICE.  A managing or leasing agent, whether residing or maintaining an office on-site or off-site, is the agent of the landlord for purposes of notice and other communications required or permitted by this subchapter.
Acts 1983, 68th Leg., p. 3653, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter F. Smoke Alarms and Fire Extinguishers › Section 92.263. Inspection of Residential Fire Extinguisher

Sec. 92.263.  INSPECTION OF RESIDENTIAL FIRE EXTINGUISHER.  (a)  If a landlord has installed a 1A10BC residential fire extinguisher as defined by the National Fire Protection Association or other non-rechargeable fire extinguisher in accordance with a local ordinance or other law, the landlord or the landlord's agent shall inspect the fire extinguisher:
(1)  at the beginning of a tenant's possession; and
(2)  within a reasonable time after receiving a written request by a tenant.
(b)  At a minimum, an inspection under this section must include:
(1)  checking to ensure the fire extinguisher is present; and
(2)  checking to ensure the fire extinguisher gauge or pressure indicator indicates the correct pressure as recommended by the manufacturer of the fire extinguisher.
(c)  A fire extinguisher that satisfies the inspection requirements of Subsection (b) at the beginning of a tenant's possession is presumed to be in good working order until the tenant requests an inspection in writing.
Added by Acts 2011, 82nd Leg., R.S., Ch. 257 (H.B. 1168), Sec. 6, eff. September 1, 2011.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter F. Smoke Alarms and Fire Extinguishers › Section 92.264. Duty to Repair or Replace

Sec. 92.264.  DUTY TO REPAIR OR REPLACE.  (a)  The landlord shall repair or replace a fire extinguisher at the landlord's expense if:
(1)  on inspection, the fire extinguisher is found:
(A)  not to be functioning; or
(B)  not to have the correct pressure indicated on the gauge or pressure indicator as recommended by the manufacturer of the fire extinguisher; or
(2)  a tenant has notified the landlord that the tenant has used the fire extinguisher for a legitimate purpose.
(b)  If the tenant or the tenant's invited guest removes, misuses, damages, or otherwise disables a fire extinguisher:
(1)  the landlord is not required to repair or replace the fire extinguisher at the landlord's expense; and
(2)  the landlord is required to repair or replace the fire extinguisher within a reasonable time if the tenant pays in advance the reasonable repair or replacement cost, including labor, materials, taxes, and overhead.
Added by Acts 2011, 82nd Leg., R.S., Ch. 257 (H.B. 1168), Sec. 6, eff. September 1, 2011.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter G. Utility Cutoff › Section 92.301. Landlord Liability to Tenant for Utility Cutoff

Sec. 92.301.  LANDLORD LIABILITY TO TENANT FOR UTILITY CUTOFF.  (a)  A landlord who has expressly or impliedly agreed in the lease to furnish and pay for water, gas, or electric service to the tenant's dwelling is liable to the tenant if the utility company has cut off utility service to the tenant's dwelling or has given written notice to the tenant that such utility service is about to be cut off because of the landlord's nonpayment of the utility bill.
(b)  If a landlord is liable to the tenant under Subsection (a) of this section, the tenant may:
(1)  pay the utility company money to reconnect or avert the cutoff of utilities according to this section;
(2)  terminate the lease if the termination notice is in writing and move-out is to be within 30 days from the date the tenant has notice from the utility company of a future cutoff or notice of an actual cutoff, whichever is sooner;
(3)  deduct from the tenant's rent, without necessity of judicial action, the amounts paid to the utility company to reconnect or avert a cutoff;
(4)  if the lease is terminated by the tenant, deduct the tenant's security deposit from the tenant's rent without necessity of lawsuit or obtain a refund of the tenant's security deposit pursuant to law;
(5)  if the lease is terminated by the tenant, recover a pro rata refund of any advance rentals paid from the date of termination or the date the tenant moves out, whichever is later;
(6)  recover actual damages, including but not limited to moving costs, utility connection fees, storage fees, and lost wages from work;  and
(7)  recover court costs and attorney's fees, excluding any attorney's fees for a cause of action for damages relating to a personal injury.
(c)  When deducting for the tenant's payment of the landlord's utility bill under this section, the tenant shall submit to the landlord a copy of a receipt from the utility company which evidences the amount of payment made by the tenant to reconnect or avert cutoff of utilities.
(d)  The tenant remedies under this section are effective on the date the tenant has notice from the utility company of a future cutoff or notice of an actual cutoff, whichever is sooner.  However, the tenant's remedies under this section shall cease if:
(1)  the landlord provides the tenant with written evidence from the utility that all delinquent sums due the utility have been paid in full;  and
(2)  at the time the tenant receives such evidence, the tenant has not yet terminated the lease or filed suit under this section.
Added by Acts 1989, 71st Leg., ch. 650, Sec. 12, eff. Aug. 28, 1989.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter G. Utility Cutoff › Section 92.302. Notice of Utility Disconnection of Nonsubmetered Master Metered Multifamily Property to Municipalities, Owners, and Tenants

Sec. 92.302.  NOTICE OF UTILITY DISCONNECTION OF NONSUBMETERED MASTER METERED MULTIFAMILY PROPERTY TO MUNICIPALITIES, OWNERS, AND TENANTS.  (a) In this section:
(1)  "Customer" means a person who is responsible for bills received for electric utility service or gas utility service provided to nonsubmetered master metered multifamily property.
(2)  "Nonsubmetered master metered multifamily property" means an apartment, a leased or owner-occupied condominium, or one or more buildings containing at least 10 dwellings that receive electric utility service or gas utility service that is master metered but not submetered.
(b)  A customer shall provide written notice of a service disconnection to each tenant or owner at a nonsubmetered master metered multifamily property not later than the fifth day after the date the customer receives a notice of service disconnection from an electric service provider or a gas utility.  The customer must provide the notice by mail to the tenant's or owner's preferred mailing address or hand deliver the notice to the tenant or owner.  The written notice must include the customer's contact information and the tenant's remedies under Section 92.301.  The notice must include the following text in both English and Spanish:
"Notice to residents of (name and address of nonsubmetered master metered multifamily property): Electric (or gas) service to this property is scheduled for disconnection on (date) because (reason for disconnection)."
(c)  If the property is located in a municipality, the customer shall provide the same notice described by Subsection (b) to the governing body of that municipality by certified mail.  The governing body of the municipality may provide additional notice to the property's tenants and owners after receipt of the service disconnection notice under this subsection.
(d)  A customer is not required to provide the notices described by this section if the customer avoids the disconnection by paying the bill.
Added by Acts 2013, 83rd Leg., R.S., Ch. 322 (H.B. 1772), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter H. Retaliation › Section 92.331. Retaliation by Landlord

Sec. 92.331.  RETALIATION BY LANDLORD.  (a)  A landlord may not retaliate against a tenant by taking an action described by Subsection (b) because the tenant:
(1)  in good faith exercises or attempts to exercise against a landlord a right or remedy granted to the tenant by lease, municipal ordinance, or federal or state statute;
(2)  gives a landlord a notice to repair or exercise a remedy under this chapter;
(3)  complains to a governmental entity responsible for enforcing building or housing codes, a public utility, or a civic or nonprofit agency, and the tenant:
(A)  claims a building or housing code violation or utility problem; and
(B)  believes in good faith that the complaint is valid and that the violation or problem occurred; or
(4)  establishes, attempts to establish, or participates in a tenant organization.
(b)  A landlord may not, within six months after the date of the tenant's action under Subsection (a), retaliate against the tenant by:
(1)  filing an eviction proceeding, except for the grounds stated by Section 92.332;
(2)  depriving the tenant of the use of the premises, except for reasons authorized by law;
(3)  decreasing services to the tenant;
(4)  increasing the tenant's rent or terminating the tenant's lease;  or
(5)  engaging, in bad faith, in a course of conduct that materially interferes with the tenant's rights under the tenant's lease.
Acts 1983, 68th Leg., p. 3637, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1989, 71st Leg., ch. 650, Sec. 9, eff. Aug. 28, 1989;  Acts 1993, 73rd Leg., ch. 48, Sec. 16, eff. Sept. 1, 1993.  Redesignated from Property Code Sec. 92.057(a) and amended by Acts 1995, 74th Leg., ch. 869, Sec. 5, eff. Jan. 1, 1996.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 588 (S.B. 630), Sec. 2, eff. January 1, 2014.