reglab/statecodes huggingface dataset:
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter A. General Provisions › Section 92.018. Liability of Tenant for Governmental Fines

Sec. 92.018.  LIABILITY OF TENANT FOR GOVERNMENTAL FINES.  (a)  In this section, "governmental entity" means the state, an agency of the state, or a political subdivision of the state.
(b)  A landlord or a landlord's manager or agent may not charge or seek reimbursement from the landlord's tenant for the amount of a fine imposed on the landlord by a governmental entity unless the tenant or another occupant of the tenant's dwelling actually caused the damage or other condition on which the fine is based.
Added by Acts 2005, 79th Leg., Ch. 1344 (S.B. 399), Sec. 1, eff. June 18, 2005.
Renumbered from Property Code, Section 92.016 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(64), eff. September 1, 2007.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter A. General Provisions › Section 92.019. Late Payment of Rent; Fees

Sec. 92.019.  LATE PAYMENT OF RENT; FEES.  (a)  A landlord may not collect from a tenant a late fee for failing to pay any portion of the tenant's rent unless:
(1)  notice of the fee is included in a written lease;
(2)  the fee is reasonable; and
(3)  any portion of the tenant's rent has remained unpaid two full days after the date the rent was originally due.
(a-1)  For purposes of this section, a late fee is considered reasonable if:
(1)  the late fee is not more than:
(A)  12 percent of the amount of rent for the rental period under the lease for a dwelling located in a structure that contains not more than four dwelling units; or
(B)  10 percent of the amount of rent for the rental period under the lease for a dwelling located in a structure that contains more than four dwelling units; or
(2)  the late fee is more than the applicable amount under Subdivision (1), but not more than uncertain damages to the landlord related to the late payment of rent, including direct or indirect expenses, direct or indirect costs, or overhead associated with the collection of late payment.
(b)  A late fee under this section may include an initial fee and a daily fee for each day any portion of the tenant's rent continues to remain unpaid, and the combined fees are considered a single late fee for purposes of this section.
(c)  A landlord who violates this section is liable to the tenant for an amount equal to the sum of $100, three times the amount of the late fee collected in violation of this section, and the tenant's reasonable attorney's fees.
(d)  A provision of a lease that purports to waive a right or exempt a party from a liability or duty under this section is void.
(e)  This section relates only to a fee, charge, or other sum of money required to be paid under the lease if rent is not paid as provided by Subsection (a)(3), and does not affect the landlord's right to terminate the lease or take other action permitted by the lease or other law.  Payment of the fee, charge, or other sum of money by a tenant does not waive the right or remedies provided by this section.
Added by Acts 2007, 80th Leg., R.S., Ch. 917 (H.B. 3101), Sec. 3, eff. January 1, 2008.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1268 (H.B. 1109), Sec. 1, eff. June 19, 2009.
Acts 2019, 86th Leg., R.S., Ch. 629 (S.B. 1414), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter A. General Provisions › Section 92.0191. Statement of Late Fees

Sec. 92.0191.  STATEMENT OF LATE FEES.  A tenant may request that the landlord provide to the tenant a written statement of whether the tenant owes a late fee to the landlord and, if so, the amount of the late fee.  On request of the tenant, the landlord shall provide the statement to the tenant by any established means regularly used for written communication between the landlord and the tenant.  A landlord's failure to respond does not affect the tenant's liability for any late fee owed to the landlord.
Added by Acts 2019, 86th Leg., R.S., Ch. 629 (S.B. 1414), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter A. General Provisions › Section 92.020. Emergency Phone Number

Sec. 92.020.  EMERGENCY PHONE NUMBER.  (a)  A landlord that has an on-site management or superintendent's office for a residential rental property must provide to a tenant a telephone number that will be answered 24 hours a day for the purpose of reporting emergencies related to a condition of the leased premises that materially affects the physical health or safety of an ordinary tenant.
(b)  The landlord must post the phone number required by Subsection (a) prominently outside the management or superintendent's office.
(c)  This section does not apply to or affect a local ordinance governing a landlord's obligation to provide a 24-hour emergency  contact number to a tenant that is adopted before January 1, 2008, if the ordinance conforms with or is amended to conform with this section.
(d)  A landlord to whom Subsection (a) does not apply must provide to a tenant a telephone number for the purpose of reporting emergencies described by that subsection.
Added by Acts 2007, 80th Leg., R.S., Ch. 917 (H.B. 3101), Sec. 4, eff. January 1, 2008.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter A. General Provisions › Section 92.021. Liability of Certain Guarantors Under Lease

Sec. 92.021.  LIABILITY OF CERTAIN GUARANTORS UNDER LEASE.  (a)  A person other than a tenant who guarantees a lease is liable only for the original lease term except that a person may specify that the person agrees to guarantee a renewal of the lease as provided by Subsection (b).
(b)  A person may specify in writing in an original lease that the person will guarantee a renewal of the lease only if the original lease states:
(1)  the last date, as specified by the guarantor, on which the renewal of the lease will renew the obligation of the guarantor;
(2)  that the guarantor is liable under a renewal of the lease that occurs on or before that date; and
(3)  that the guarantor is liable under a renewal of the lease only if the renewal:
(A)  involves the same parties as the original lease; and
(B)  does not increase the guarantor's potential financial obligation for rent that existed under the original lease.
(c)  Subsection (b) does not prohibit a guarantor from voluntarily entering into an agreement at the time of the renewal of a lease, in a separate written document, to guarantee an increased amount of rent.
(d)  This section does not release a guarantor from the obligations of the guarantor under the terms of the original lease or a valid renewal for costs and damages owed to the lessor that arise after the date specified by the guarantor in the original lease in accordance with Subsection (b), if the costs or damages relate to actions of the tenant before that date or arise as a result of the tenant refusing to vacate the leased premises.
Added by Acts 2009, 81st Leg., R.S., Ch. 601 (H.B. 534), Sec. 1, eff. January 1, 2010.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter A. General Provisions › Section 92.023. Tenant's Remedies Regarding Revocation of Certificate of Occupancy

Sec. 92.023.  TENANT'S REMEDIES REGARDING REVOCATION OF CERTIFICATE OF OCCUPANCY.  If a municipality or a county revokes a certificate of occupancy for a leased premises because of the landlord's failure to maintain the premises, the landlord is liable to a tenant who is not in default under the lease for:
(1)  the full amount of the tenant's security deposit;
(2)  the pro rata portion of any rental payment the tenant has paid in advance;
(3)  the tenant's actual damages, including any moving costs, utility connection fees, storage fees, and lost wages; and
(4)  court costs and attorney's fees arising from any related cause of action by the tenant against the landlord.
Added by Acts 2011, 82nd Leg., R.S., Ch. 512 (H.B. 1862), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter A. General Provisions › Section 92.024. Landlord's Duty to Provide Copy of Lease

Sec. 92.024.  LANDLORD'S DUTY TO PROVIDE COPY OF LEASE.  (a)  Not later than the third business day after the date the lease is signed by each party to the lease, a landlord shall provide at least one complete copy of the lease to at least one tenant who is a party to the lease.
(b)  If more than one tenant is a party to the lease, not later than the third business day after the date a landlord receives a written request for a copy of a lease from a tenant who has not received a copy of the lease under Subsection (a), the landlord shall provide one complete copy of the lease to the requesting tenant.
(c)  A landlord's failure to provide a complete copy of the lease as described by Subsection (a) or (b) does not invalidate the lease or, subject to Subsection (d), prevent the landlord from prosecuting or defending a legal action or proceeding to enforce the lease.
(d)  A landlord may not continue to prosecute and a court shall abate an action to enforce the lease, other than an action for nonpayment of rent, only until the landlord provides to a tenant a complete copy of the lease if the tenant submits to the court evidence in a plea in abatement or otherwise that the landlord failed to comply with Subsection (a) or (b).
(e)  A landlord may comply with this section by providing to a tenant a complete copy of the lease:
(1)  in a paper format;
(2)  in an electronic format if requested by the tenant; or
(3)  by e-mail if the parties have communicated by e-mail regarding the lease.
Added by Acts 2013, 83rd Leg., R.S., Ch. 588 (S.B. 630), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter A. General Provisions › Section 92.025. Liability for Leasing to Person With Criminal Record

Sec. 92.025.  LIABILITY FOR LEASING TO PERSON WITH CRIMINAL RECORD.  (a)  A cause of action does not accrue against a landlord or a landlord's manager or agent solely for leasing a dwelling to a tenant convicted of, or arrested or placed on deferred adjudication for, an offense.
(b)  This section does not preclude a cause of action for negligence in leasing of a dwelling by a landlord or a landlord's manager or agent to a tenant, if:
(1)  the tenant:
(A)  was convicted of an offense listed in Article 42A.054, Code of Criminal Procedure; or
(B)  has a reportable conviction or adjudication, as defined by Article 62.001, Code of Criminal Procedure; and
(2)  the person against whom the action is filed knew or should have known of the conviction or adjudication.
(c)  This section does not create a cause of action or expand an existing cause of action.
Added by Acts 2015, 84th Leg., R.S., Ch. 651 (H.B. 1510), Sec. 1, eff. January 1, 2016.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 23.011, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter A. General Provisions › Section 92.026. Possession of Firearms or Firearm Ammunition on Leased Premises

Sec. 92.026.  POSSESSION OF FIREARMS OR FIREARM AMMUNITION ON LEASED PREMISES.  Unless possession of a firearm or firearm ammunition on a landlord's property is prohibited by state or federal law, a landlord may not prohibit a tenant or a tenant's guest from lawfully possessing, carrying, transporting, or storing a firearm, any part of a firearm, or firearm ammunition:
(1)  in the tenant's rental unit;
(2)  in a vehicle located in a parking area provided for tenants or guests by the landlord of the leased premises; or
(3)  in other locations controlled by the landlord as necessary to:
(A)  enter or exit the tenant's rental unit;
(B)  enter or exit the leased premises; or
(C)  enter or exit a vehicle on the leased premises or located in a parking area provided by the landlord for tenants or guests.
Added by Acts 2019, 86th Leg., R.S., Ch. 39 (H.B. 302), Sec. 6, eff. September 1, 2019.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter B. Repair or Closing of Leasehold › Section 92.051. Application

Sec. 92.051.  APPLICATION.  This subchapter applies to a lease executed, entered into, renewed, or extended on or after September 1, 1979.
Acts 1983, 68th Leg., p. 3632, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter B. Repair or Closing of Leasehold › Section 92.052. Landlord's Duty to Repair or Remedy

Sec. 92.052.  LANDLORD'S DUTY TO REPAIR OR REMEDY.  (a)  A landlord shall make a diligent effort to repair or remedy a condition if:
(1)  the tenant specifies the condition in a notice to the person to whom or to the place where rent is normally paid;
(2)  the tenant is not delinquent in the payment of rent at the time notice is given; and
(3)  the condition:
(A)  materially affects the physical health or safety of an ordinary tenant; or
(B)  arises from the landlord's failure to provide and maintain in good operating condition a device to supply hot water of a minimum temperature of 120 degrees Fahrenheit.
(b)  Unless the condition was caused by normal wear and tear, the landlord does not have a duty during the lease term or a renewal or extension to repair or remedy a condition caused by:
(1)  the tenant;
(2)  a lawful occupant in the tenant's dwelling;
(3)  a member of the tenant's family;  or
(4)  a guest or invitee of the tenant.
(c)  This subchapter does not require the landlord:
(1)  to furnish utilities from a utility company if as a practical matter the utility lines of the company are not reasonably available;  or
(2)  to furnish security guards.
(d)  The tenant's notice under Subsection (a) must be in writing only if the tenant's lease is in writing and requires written notice.
Acts 1983, 68th Leg., p. 3632, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1989, 71st Leg., ch. 650, Sec. 3, eff. Aug. 28, 1989;  Acts 1993, 73rd Leg., ch. 48, Sec. 14, eff. Sept. 1, 1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 600 (H.B. 177), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter B. Repair or Closing of Leasehold › Section 92.053. Burden of Proof

Sec. 92.053.  BURDEN OF PROOF.  (a)  Except as provided by this section, the tenant has the burden of proof in a judicial action to enforce a right resulting from the landlord's failure to repair or remedy a condition under Section 92.052.
(b)  If the landlord does not provide a written explanation for delay in performing a duty to repair or remedy on or before the fifth day after receiving from the tenant a written demand for an explanation, the landlord has the burden of proving that he made a diligent effort to repair and that a reasonable time for repair did not elapse.
Acts 1983, 68th Leg., p. 3633, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter B. Repair or Closing of Leasehold › Section 92.054. Casualty Loss

Sec. 92.054.  CASUALTY LOSS.  (a)  If a condition results from an insured casualty loss, such as fire, smoke, hail, explosion, or a similar cause, the period for repair does not begin until the landlord receives the insurance proceeds.
(b)  If after a casualty loss the rental premises are as a practical matter totally unusable for residential purposes and if the casualty loss is not caused by the negligence or fault of the tenant, a member of the tenant's family, or a guest or invitee of the tenant, either the landlord or the tenant may terminate the lease by giving written notice to the other any time before repairs are completed.  If the lease is terminated, the tenant is entitled only to a pro rata refund of rent from the date the tenant moves out and to a refund of any security deposit otherwise required by law.
(c)  If after a casualty loss the rental premises are partially unusable for residential purposes and if the casualty loss is not caused by the negligence or fault of the tenant, a member of the tenant's family, or a guest or invitee of the tenant, the tenant is entitled to reduction in the rent in an amount proportionate to the extent the premises are unusable because of the casualty, but only on judgment of a county or district court.  A landlord and tenant may agree otherwise in a written lease.
Acts 1983, 68th Leg., p. 3633, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1993, 73rd Leg., ch. 48, Sec. 15, eff. Sept. 1, 1993.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter B. Repair or Closing of Leasehold › Section 92.055. Closing the Rental Premises

Sec. 92.055.  CLOSING THE RENTAL PREMISES.  (a)  A landlord may close a rental unit at any time by giving written notice by certified mail, return receipt requested, to the tenant and to the local health officer and local building inspector, if any, stating that:
(1)  the landlord is terminating the tenancy as soon as legally possible;  and
(2)  after the tenant moves out the landlord will either immediately demolish the rental unit or no longer use the unit for residential purposes.
(b)  After a tenant receives the notice and moves out:
(1)  the local health officer or building inspector may not allow occupancy of or utility service by separate meter to the rental unit until the officer certifies that he knows of no condition that materially affects the physical health or safety of an ordinary tenant;  and
(2)  the landlord may not allow reoccupancy or reconnection of utilities by separate meter within six months after the date the tenant moves out.
(c)  If the landlord gives the tenant the notice closing the rental unit:
(1)  before the tenant gives a repair notice to the landlord, the remedies of this subchapter do not apply;
(2)  after the tenant gives a repair notice to the landlord but before the landlord has had a reasonable time to make repairs, the tenant is entitled only to the remedies under Subsection (d) of this section and Subdivisions (3), (4), and (5) of Subsection (a) of Section 92.0563;  or
(3)  after the tenant gives a repair notice to the landlord and after the landlord has had a reasonable time to make repairs, the tenant is entitled only to the remedies under Subsection (d) of this section and Subdivisions (3), (4), and (5) of Subsection (a) of Section 92.0563.
(d)  If the landlord closes the rental unit after the tenant gives the landlord a notice to repair and the tenant moves out on or before the end of the rental term, the landlord must pay the tenant's actual and reasonable moving expenses, refund a pro rata portion of the tenant's rent from the date the tenant moves out, and, if otherwise required by law, return the tenant's security deposit.
(e)  A landlord who violates Subsection (b) or (d) is liable to the tenant for an amount equal to the total of one month's rent plus $100 and attorney's fees.
(f)  The closing of a rental unit does not prohibit the occupancy of other apartments, nor does this subchapter prohibit occupancy of or utility service by master or individual meter to other rental units in an apartment complex that have not been closed under this section.  If another provision of this subchapter conflicts with this section, this section controls.
Acts 1983, 68th Leg., p. 3634, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1989, 71st Leg., ch. 650, Sec. 4, eff. Aug. 28, 1989.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter B. Repair or Closing of Leasehold › Section 92.0563. Tenant's Judicial Remedies

Sec. 92.0563.  TENANT'S JUDICIAL REMEDIES.  (a)  A tenant's judicial remedies under Section 92.056 shall include:
(1)  an order directing the landlord to take reasonable action to repair or remedy the condition;
(2)  an order reducing the tenant's rent, from the date of the first repair notice, in proportion to the reduced rental value resulting from the condition until the condition is repaired or remedied;
(3)  a judgment against the landlord for a civil penalty of one month's rent plus $500;
(4)  a judgment against the landlord for the amount of the tenant's actual damages;  and
(5)  court costs and attorney's fees, excluding any attorney's fees for a cause of action for damages relating to a personal injury.
(b)  A landlord who knowingly violates Section 92.006 by contracting orally or in writing with a tenant to waive the landlord's duty to repair under this subchapter shall be liable to the tenant for actual damages, a civil penalty of one month's rent plus $2,000, and reasonable attorney's fees.  For purposes of this subsection, there shall be a rebuttable presumption that the landlord acted without knowledge of the violation.  The tenant shall have the burden of pleading and proving a knowing violation.  If the lease is in writing and is not in violation of Section 92.006, the tenant's proof of a knowing violation must be clear and convincing.  A mutual agreement for tenant repair under Subsection (g) of Section 92.0561 is not a violation of Section 92.006.
(c)  The justice, county, and district courts have concurrent jurisdiction in an action under Subsection (a).
(d)  If a suit is filed in a justice court requesting relief under Subsection (a), the justice court shall conduct a hearing on the request not earlier than the sixth day after the date of service of citation and not later than the 10th day after that date.
(e)  A justice court may not award a judgment under this section, including an order of repair, that exceeds $20,000, excluding interest and costs of court.
(f)  An appeal of a judgment of a justice court under this section takes precedence in county court and may be held at any time after the eighth day after the date the transcript is filed in the county court.  An owner of real property who files a notice of appeal of a judgment of a justice court to the county court perfects the owner's appeal and stays the effect of the judgment without the necessity of posting an appeal bond.
Added by Acts 1989, 71st Leg., ch. 650, Sec. 8, eff. Aug. 28, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 225 (S.B. 1448), Sec. 1, eff. January 1, 2010.
Acts 2023, 88th Leg., R.S., Ch. 89 (S.B. 1259), Sec. 1, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 3.003(a), eff. September 1, 2023.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter B. Repair or Closing of Leasehold › Section 92.058. Landlord Remedy for Tenant Violation

Sec. 92.058.  LANDLORD REMEDY FOR TENANT VIOLATION.  (a)  If the tenant withholds rents, causes repairs to be performed, or makes rent deductions for repairs in violation of this subchapter, the landlord may recover actual damages from the tenant.  If, after a landlord has notified a tenant in writing of (1) the illegality of the tenant's rent withholding or the tenant's proposed repair and (2) the penalties of this subchapter, the tenant withholds rent, causes repairs to be performed, or makes rent deductions for repairs in bad faith violation of this subchapter, the landlord may recover from the tenant a civil penalty of one month's rent plus $500.
(b)  Notice under this section must be in writing and may be given in person, by mail, or by delivery to the premises.
(c)  The landlord has the burden of pleading and proving, by clear and convincing evidence, that the landlord gave the tenant the required notice of the illegality and the penalties and that the tenant's violation was done in bad faith.  In any litigation under this subsection, the prevailing party shall recover reasonable attorney's fees from the nonprevailing party.
Acts 1983, 68th Leg., p. 3638, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1989, 71st Leg., ch. 650, Sec. 10, eff. Aug. 28, 1989.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter B. Repair or Closing of Leasehold › Section 92.060. Agents for Delivery of Notice

Sec. 92.060.  AGENTS FOR DELIVERY OF NOTICE.  A managing agent, leasing agent, or resident manager is the agent of the landlord for purposes of notice and other communications required or permitted by this subchapter.
Acts 1983, 68th Leg., p. 3639, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter B. Repair or Closing of Leasehold › Section 92.061. Effect on Other Rights

Sec. 92.061.  EFFECT ON OTHER RIGHTS.  The duties of a landlord and the remedies of a tenant under this subchapter are in lieu of existing common law and other statutory law warranties and duties of landlords for maintenance, repair, security, habitability, and nonretaliation, and remedies of tenants for a violation of those warranties and duties.  Otherwise, this subchapter does not affect any other right of a landlord or tenant under contract, statutory law, or common law that is consistent with the purposes of this subchapter or any right a landlord or tenant may have to bring an action for personal injury or property damage under the law of this state.  This subchapter does not impose obligations on a landlord or tenant other than those expressly stated in this subchapter.
Acts 1983, 68th Leg., p. 3639, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1985, 69th Leg., ch. 200, Sec. 5, eff. Aug. 26, 1985.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter B. Repair or Closing of Leasehold › Section 92.062. Lease Term After Natural Disaster

Sec. 92.062.  LEASE TERM AFTER NATURAL DISASTER.  If a rental premises is, as a practical matter, totally unusable for residential purposes as a result of a natural disaster such as a hurricane, tornado, flood, extended freeze, or widespread windstorm, a landlord that allows a tenant to move to another rental unit owned by the landlord may not require the tenant to execute a lease for a term longer than the term remaining on the tenant's lease on the date the premises was rendered unusable as a result of the natural disaster.
Added by Acts 2013, 83rd Leg., R.S., Ch. 475 (S.B. 1120), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter C. Security Deposits › Section 92.101. Application

Sec. 92.101.  APPLICATION.  This subchapter applies to all residential leases.
Acts 1983, 68th Leg., p. 3639, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1995, 74th Leg., ch. 744, Sec. 1, eff. Jan. 1, 1996.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter C. Security Deposits › Section 92.102. Security Deposit

Sec. 92.102.  SECURITY DEPOSIT.  A security deposit is any advance of money, other than a rental application deposit or an advance payment of rent, that is intended primarily to secure performance under a lease of a dwelling that has been entered into by a landlord and a tenant.
Acts 1983, 68th Leg., p. 3639, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1995, 74th Leg., ch. 744, Sec. 2, eff. Jan. 1, 1996.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter C. Security Deposits › Section 92.103. Obligation to Refund

Sec. 92.103.  OBLIGATION TO REFUND.  (a)  Except as provided by Section 92.107, the landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises.
(b)  A requirement that a tenant give advance notice of surrender as a condition for refunding the security deposit is effective only if the requirement is underlined or is printed in conspicuous bold print in the lease.
(c)  The tenant's claim to the security deposit takes priority over the claim of any creditor of the landlord, including a trustee in bankruptcy.
Acts 1983, 68th Leg., p. 3639, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1995, 74th Leg., ch. 744, Sec. 3, eff. Jan. 1, 1996.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter C. Security Deposits › Section 92.1031. Conditions for Retention of Security Deposit or Rent Prepayment

Sec. 92.1031.  CONDITIONS FOR RETENTION OF SECURITY DEPOSIT OR RENT PREPAYMENT.  (a)  Except as provided in Subsection (b), a landlord who receives a security deposit or rent prepayment for a dwelling from a tenant who fails to occupy the dwelling according to a lease between the landlord and the tenant may not retain the security deposit or rent prepayment if:
(1)  the tenant secures a replacement tenant satisfactory to the landlord and the replacement tenant occupies the dwelling on or before the commencement date of the lease;  or
(2)  the landlord secures a replacement tenant satisfactory to the landlord and the replacement tenant occupies the dwelling on or before the commencement date of the lease.
(b)  If the landlord secures the replacement tenant, the landlord may retain and deduct from the security deposit or rent prepayment either:
(1)  a sum agreed to in the lease as a lease cancellation fee;  or
(2)  actual expenses incurred by the landlord in securing the replacement, including a reasonable amount for the time of the landlord in securing the replacement tenant.
Added by Acts 1995, 74th Leg., ch. 869, Sec. 13, eff. Jan. 1, 1996.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter C. Security Deposits › Section 92.104. Retention of Security Deposit; Accounting

Sec. 92.104.  RETENTION OF SECURITY DEPOSIT;  ACCOUNTING.  (a)  Before returning a security deposit, the landlord may deduct from the deposit damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease.
(b)  The landlord may not retain any portion of a security deposit to cover normal wear and tear.
(c)  If the landlord retains all or part of a security deposit under this section, the landlord shall give to the tenant the balance of the security deposit, if any, together with a written description and itemized list of all deductions.  The landlord is not required to give the tenant a description and itemized list of deductions if:
(1)  the tenant owes rent when he surrenders possession of the premises;  and
(2)  there is no controversy concerning the amount of rent owed.
Acts 1983, 68th Leg., p. 3640, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter C. Security Deposits › Section 92.1041. Presumption of Refund or Accounting

Sec. 92.1041.  PRESUMPTION OF REFUND OR ACCOUNTING.  A landlord is presumed to have refunded a security deposit or made an accounting of security deposit deductions if, on or before the date required under this subchapter, the refund or accounting is placed in the United States mail and postmarked on or before the required date.
Added by Acts 1995, 74th Leg., ch. 744, Sec. 4, eff. Jan. 1, 1996.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter C. Security Deposits › Section 92.105. Cessation of Owner's Interest

Sec. 92.105.  CESSATION OF OWNER'S INTEREST.  (a)  If the owner's interest in the premises is terminated by sale, assignment, death, appointment of a receiver, bankruptcy, or otherwise, the new owner is liable for the return of security deposits according to this subchapter from the date title to the premises is acquired.
(b)  The new owner shall deliver to the tenant a signed statement acknowledging that the new owner has acquired the property and is responsible for the tenant's security deposit and specifying the exact dollar amount of the deposit.
(b-1)  The person who no longer owns an interest in the rental premises is liable for a security deposit received while the person was the owner until the new owner has received the deposit or has assumed the liability for the deposit, unless otherwise specified by the parties in a written contract.
(c)  Subsection (a) does not apply to a real estate mortgage lienholder who acquires title by foreclosure.
Acts 1983, 68th Leg., p. 3640, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1985, 69th Leg., ch. 305, Sec. 2, eff. Aug. 26, 1985.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1198 (S.B. 1367), Sec. 5, eff. January 1, 2016.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter C. Security Deposits › Section 92.106. Records

Sec. 92.106.  RECORDS.  The landlord shall keep accurate records of all security deposits.
Acts 1983, 68th Leg., p. 3641, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter C. Security Deposits › Section 92.107. Tenant's Forwarding Address

Sec. 92.107.  TENANT'S FORWARDING ADDRESS.  (a)  The landlord is not obligated to return a tenant's security deposit or give the tenant a written description of damages and charges until the tenant gives the landlord a written statement of the tenant's forwarding address for the purpose of refunding the security deposit.
(b)  The tenant does not forfeit the right to a refund of the security deposit or the right to receive a description of damages and charges merely for failing to give a forwarding address to the landlord.
Acts 1983, 68th Leg., p. 3641, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter C. Security Deposits › Section 92.108. Liability for Withholding Last Month's Rent

Sec. 92.108.  LIABILITY FOR WITHHOLDING LAST MONTH'S RENT.  (a)  The tenant may not withhold payment of any portion of the last month's rent on grounds that the security deposit is security for unpaid rent.
(b)  A tenant who violates this section is presumed to have acted in bad faith.  A tenant who in bad faith violates this section is liable to the landlord for an amount equal to three times the rent wrongfully withheld and the landlord's reasonable attorney's fees in a suit to recover the rent.
Acts 1983, 68th Leg., p. 3641, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter C. Security Deposits › Section 92.109. Liability of Landlord

Sec. 92.109.  LIABILITY OF LANDLORD.  (a)  A landlord who in bad faith retains a security deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees in a suit to recover the deposit.
(b)  A landlord who in bad faith does not provide a written description and itemized list of damages and charges in violation of this subchapter:
(1)  forfeits the right to withhold any portion of the security deposit or to bring suit against the tenant for damages to the premises;  and
(2)  is liable for the tenant's reasonable attorney's fees in a suit to recover the deposit.
(c)  In an action brought by a tenant under this subchapter, the landlord has the burden of proving that the retention of any portion of the security deposit was reasonable.
(d)  A landlord who fails either to return a security deposit or to provide a written description and itemization of deductions on or before the 30th day after the date the tenant surrenders possession is presumed to have acted in bad faith.
Acts 1983, 68th Leg., p. 3641, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter C. Security Deposits › Section 92.110. Lease Without Security Deposit; Required Notice

Sec. 92.110.  LEASE WITHOUT SECURITY DEPOSIT; REQUIRED NOTICE.  (a)  If a security deposit was not required by a residential lease and the tenant is liable for damages and charges on surrender of the premises, the landlord shall notify the tenant in writing of the landlord's claim for damages and charges on or before the date the landlord reports the claim to a consumer reporting agency or third-party debt collector.
(b)  A landlord is not required to provide the notice under Subsection (a) if the tenant has not given the landlord the tenant's forwarding address as provided by Section 92.107.
(c)  If a landlord does not provide the tenant the notice as required by this section, the landlord forfeits the right to collect damages and charges from the tenant. Forfeiture of the right to collect damages and charges from the tenant is the exclusive remedy for the failure to provide the proper notice to the tenant.
Added by Acts 2015, 84th Leg., R.S., Ch. 1198 (S.B. 1367), Sec. 6, eff. January 1, 2016.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter D. Security Devices › Section 92.152. Application of Subchapter

Sec. 92.152.  APPLICATION OF SUBCHAPTER.  (a)  This subchapter does not apply to:
(1)  a room in a hotel, motel, or inn or to similar transient housing;
(2)  residential housing owned or operated by a public or private college or university accredited by a recognized accrediting agency as defined under Section 61.003, Education Code;
(3)  residential housing operated by preparatory schools accredited by the Texas Education Agency, a regional accrediting agency, or any accrediting agency recognized by the commissioner of education;  or
(4)  a temporary residential tenancy created by a contract for sale in which the buyer occupies the property before closing or the seller occupies the property after closing for a specific term not to exceed 90 days.
(b)  Except as provided by Subsection (a), a dwelling to which this subchapter applies includes:
(1)  a room in a dormitory or rooming house;
(2)  a mobile home;
(3)  a single family house, duplex, or triplex;  and
(4)  a living unit in an apartment, condominium, cooperative, or townhome project.
Amended by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 126, Sec. 1, eff. Aug. 28, 1995;  Acts 1995, 74th Leg., ch. 869, Sec. 2, eff. Jan. 1, 1996.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter D. Security Devices › Section 92.154. Height, Strike Plate, and Throw Requirements--Keyed Dead Bolt or Keyless Bolting Device

Sec. 92.154.  HEIGHT, STRIKE PLATE, AND THROW REQUIREMENTS--KEYED DEAD BOLT OR KEYLESS BOLTING DEVICE.  (a)  A keyed dead bolt or a keyless bolting device required by this subchapter must be installed at a height:
(1)  not lower than 36 inches from the floor;  and
(2)  not higher than:
(A)  54 inches from the floor, if installed before September 1, 1993;  or
(B)  48 inches from the floor, if installed on or after September 1, 1993.
(b)  A keyed dead bolt or a keyless bolting device described in Section 92.151(6)(A) or (B) in a dwelling must:
(1)  have a strike plate screwed into the portion of the doorjamb surface that faces the edge of the door when the door is closed;  or
(2)  be installed in a door with a metal doorjamb that serves as the strike plate.
(c)  A keyed dead bolt or keyless dead bolt, as described by Section 92.151(6)(A), installed in a dwelling on or after September 1, 1993, must have a bolt with a throw of not less than one inch.
(d)  The requirements of this section do not apply to a keyed dead bolt or a keyless bolting device in one door of a pair of French doors that is installed in accordance with the requirements of Section 92.153(b)(1) or (2).
Amended 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 92.155. Height Requirements--Sliding Door Security Devices

Sec. 92.155.  HEIGHT REQUIREMENTS--SLIDING DOOR SECURITY DEVICES.  A sliding door pin lock or sliding door security bar required by this subchapter must be installed at a height not higher than:
(1)  54 inches from the floor, if installed before September 1, 1993;  or
(2)  48 inches from the floor, if installed on or after September 1, 1993.
Amended 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 92.156. Rekeying or Change of Security Devices

Sec. 92.156.  REKEYING OR CHANGE OF SECURITY DEVICES.  (a)  Except as otherwise provided by Subsection (e), a security device operated by a key, card, or combination shall be rekeyed by the landlord at the landlord's expense not later than the seventh day after each tenant turnover date.
(b)  A landlord shall perform additional rekeying or change a security device at the tenant's expense if requested by the tenant.  A tenant may make an unlimited number of requests under this subsection.
(c)  The expense of rekeying security devices for purposes of the use or change of the landlord's master key must be paid by the landlord.
(d)  This section does not apply to locks on closet doors or other interior doors.
(e)  If a tenant vacates the premises in breach of a written lease, the landlord may deduct from the tenant's security deposit the reasonable cost incurred by the landlord to rekey a security device as required by this section only if the lease includes a provision that is underlined or printed in boldface type authorizing the deduction.
Amended by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1072 (H.B. 2404), Sec. 1, eff. January 1, 2016.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter D. Security Devices › Section 92.157. Security Devices Requested by Tenant

Sec. 92.157.  SECURITY DEVICES REQUESTED BY TENANT.  (a)  At a tenant's request made at any time, a landlord, at the tenant's expense, shall install:
(1)  a keyed dead bolt on an exterior door if the door has:
(A)  a doorknob lock but not a keyed dead bolt; or
(B)  a keyless bolting device but not a keyed dead bolt or doorknob lock; and
(2)  a sliding door handle latch or sliding door security bar if the door is an exterior sliding glass door without a sliding door handle latch or sliding door security bar.
(b)  At a tenant's request made before January 1, 1995, a landlord, at the tenant's expense, shall install on an exterior door of a dwelling constructed before September 1, 1993:
(1)  a keyless bolting device if the door does not have a keyless bolting device;  and
(2)  a door viewer if the door does not have a door viewer.
(c)  If a security device required by Section 92.153 to be installed on or after January 1, 1995, without necessity of a tenant's request has not been installed by the landlord, the tenant may request the landlord to immediately install it, and the landlord shall immediately install it at the landlord's expense.
Amended by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1072 (H.B. 2404), Sec. 2, eff. January 1, 2016.
Acts 2015, 84th Leg., R.S., Ch. 1198 (S.B. 1367), Sec. 7, eff. January 1, 2016.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter D. Security Devices › Section 92.158. Landlord's Duty to Repair or Replace Security Device

Sec. 92.158.  LANDLORD'S DUTY TO REPAIR OR REPLACE SECURITY DEVICE.  During the lease term and any renewal period, a landlord shall repair or replace a security device on request or notification by the tenant that the security device is inoperable or in need of repair or replacement.
Amended 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 92.159. When Tenant's Request or Notice Must Be in Writing

Sec. 92.159.  WHEN TENANT'S REQUEST OR NOTICE MUST BE IN WRITING.  A tenant's request or notice under this subchapter may be given orally unless the tenant has a written lease that requires the request or notice to be in writing and that requirement is underlined or in boldfaced print in the lease.
Amended 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 92.160. Type, Brand, and Manner of Installation

Sec. 92.160.  TYPE, BRAND, AND MANNER OF INSTALLATION.  Except as otherwise required by this subchapter, a landlord may select the type, brand, and manner of installation, including placement, of a security device installed under this subchapter.  This section does not apply to a security device installed, repaired, changed, replaced, or rekeyed by a tenant under Section 92.164(a)(1) or 92.165(1).
Amended 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 92.161. Compliance With Tenant Request Required Within Reasonable Time

Sec. 92.161.  COMPLIANCE WITH TENANT REQUEST REQUIRED WITHIN REASONABLE TIME.  (a)  Except as provided by Subsections (b) and (c), a landlord must comply with a tenant's request for rekeying, changing, installing, repairing, or replacing a security device under Section 92.156, 92.157, or 92.158 within a reasonable time.  A reasonable time for purposes of this subsection is presumed to be not later than the seventh day after the date the request is received by the landlord.
(b)  If within the time allowed under Section 92.162(c) a landlord requests advance payment of charges that the landlord is entitled to collect under that section, the landlord shall comply with a tenant's request under Section 92.156(b), 92.157(a), or 92.157(b) within a reasonable time.  A reasonable time for purposes of this subsection is presumed to be not later than the seventh day after the date a tenant's advance payment is received by the landlord, except as provided by Subsection (c).
(c)  A reasonable time for purposes of Subsections (a) and (b) is presumed to be not later than 72 hours after the time of receipt of the tenant's request and any required advance payment if at the time of making the request the tenant informed the landlord that:
(1)  an unauthorized entry occurred or was attempted in the tenant's dwelling;
(2)  an unauthorized entry occurred or was attempted in another unit in the multiunit complex in which the tenant's dwelling is located during the two months preceding the date of the request;  or
(3)  a crime of personal violence occurred in the multiunit complex in which the tenant's dwelling is located during the two months preceding the date of the request.
(d)  A landlord may rebut the presumption provided by Subsection (a) or (b) if despite the diligence of the landlord:
(1)  the landlord did not know of the tenant's request, without the fault of the landlord;
(2)  materials, labor, or utilities were unavailable;  or
(3)  a delay was caused by circumstances beyond the landlord's control, including the illness or death of the landlord or a member of the landlord's immediate family.
(e)  This section does not apply to a landlord's duty to install or rekey, without necessity of a tenant's request, a security device under Section 92.153 or 92.156(a).
Added by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993.