texas property code tenants in common

(a) A landlord's liability under this section is subject to Section 92.052(b) regarding conditions that are caused by a tenant and Section 92.054 regarding conditions that are insured casualties. 576, Sec. PERSONAL PROPERTY AND SECURITY DEPOSIT OF DECEASED TENANT. Jan. 1, 1984. 8, eff. Instead the parties must agree, in writing, to include a right of survivorship. LANDLORD REMEDY FOR TENANT VIOLATION. The "Tenant Remedies" section of this brochure offers guidance for pursuing legal action against a landlord who is withholding a deposit refund. 3101), Sec. Amended by Acts 1989, 71st Leg., ch. (d) Repealed by Acts 2009, 81st Leg., R.S., Ch. PROPERTY CODE. Jan. 1, 1996. 2, eff. Acts 1983, 68th Leg., p. 3632, ch. 1, eff. 48, Sec. (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. (4) a living unit in an apartment, condominium, cooperative, or townhome project. (3) "Lease" means any written or oral agreement between a landlord and tenant that establishes or modifies the terms, conditions, rules, or other provisions regarding the use and occupancy of a dwelling. (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. 1198 (S.B. Sept. 1, 1993. 576, Sec. Jan. 1, 1996. Acts 1983, 68th Leg., p. 3632, ch. Acts 2009, 81st Leg., R.S., Ch. Landlords can continue with the eviction process if the tenant refuses to leave after the 30-day grace period. (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. 394 (H.B. Sec. (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. 92.354. COMPLIANCE WITH TENANT REQUEST REQUIRED WITHIN REASONABLE TIME. September 1, 2017. Sec. (g) A party may appeal from the court's judgment at the hearing on the sworn complaint for reentry in the same manner as a party may appeal a judgment in a forcible detainer suit. January 1, 2014. A security device that is installed, changed, or rekeyed under this subchapter becomes a fixture of the dwelling. Added by Acts 2009, 81st Leg., R.S., Ch. Sec. As in most jurisdictions, a "tenancy in common" in Texas is a form of joint ownership that comes into existence when real property is transferred, whether by conveyance, inheritance or operation of law to two or more persons in their own right, unless acquired in partnership, in joint tenancy or by husband and wife as . A tenant may make an unlimited number of requests under this subsection. (C) enter or exit a vehicle on the leased premises or located in a parking area provided by the landlord for tenants or guests. A provision of a rental application that purports to waive a right or exempt a party from a liability or duty under this subchapter is void. (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. (2) "Dwelling unit" means a home, mobile home, duplex unit, apartment unit, condominium unit, or any dwelling unit in a multiunit residential structure. 2118), Sec. 1, eff. 1, eff. 92.164. Acts 1983, 68th Leg., p. 3635, ch. Sec. Acts 2011, 82nd Leg., R.S., Ch. 1862), Sec. (c) A security device required by Subsection (a) or (b) must be installed at the landlord's expense. (2) the landlord may not allow reoccupancy or reconnection of utilities by separate meter within six months after the date the tenant moves out. With tenancy in common two or more persons hold title to real estate jointly. . 13, eff. 1, eff. 92.151. 92.024. (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. (d) Termination of a lease under this section is effective: (1) in the case of a lease that provides for monthly payment of rent, on the 30th day after the first date on which the next rental payment is due after the date on which the notice under Subsection (c)(1) is delivered; or. Acts 2017, 85th Leg., R.S., Ch. (13) "Sliding door pin lock" means a lock on a sliding glass door that consists of a pin or nail inserted from the interior side of the door at the side opposite the door's handle and that is designed to prevent the door from being opened or lifted. manufactured home living, but landlords may place limitations on meetings by tenants in common area facilities. January 1, 2008. (2) "Board" means the governing body of a property owners' association. 11, eff. Added by Acts 2019, 86th Leg., R.S., Ch. 39 (H.B. Renumbered from Property Code, Section 92.016 by Acts 2007, 80th Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1997. A tenancy in common occurs when two or more parties jointly hold an interest in property. Homes on Lake Conroe, the fourth-largest lake real estate market in Texas. 917 (H.B. (j) A provision of a lease that purports to waive a right or to exempt a party from a liability or duty under this section is void. 650, Sec. The landlord may satisfy that burden of proof by providing evidence that the landlord: (1) delivered the notice by certified mail, return receipt requested, addressed to the tenant at the tenant's dwelling; or. Notice in person may be by personal delivery to the tenant or any person residing at the tenant's dwelling who is 16 years of age or older or by personal delivery to the tenant's dwelling and affixing the notice to the inside of the main entry door. Sec. 92.3515. ATTORNEY'S FEES. 92.332. Acts 2017, 85th Leg., R.S., Ch. Sec. 2, eff. September 1, 2011. 576, Sec. (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. 3, eff. Sec. 7.002(o), eff. 1367), Sec. TENANT REMEDIES. 92.334 by Acts 1997, 75th Leg., ch. If the dwelling has no mailbox and has a keyless bolting device, alarm system, or dangerous animal that prevents the landlord from entering the premises to leave the notice on the inside of the main entry door, the landlord may securely affix the notice on the outside of the main entry door. Amended by Acts 1995, 74th Leg., ch. (2) a servicemember, while in military service, executes the lease and after executing the lease receives military orders: (A) for a permanent change of station; or. 650, Sec. Amended by Acts 1993, 73rd Leg., ch. Acts 1983, 68th Leg., p. 3637, ch. Sept. 1, 1987; Acts 1997, 75th Leg., ch. (c) Repealed by Acts 2009, 81st Leg., R.S., Ch. 165, Sec. 92.353. 16, eff. (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. (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. Sept. 1, 1993. 92.0091. (a) For purposes of this section, "dependent," "military service," and "servicemember" have the meanings assigned by 50 App. CONDITIONS FOR RETENTION OF SECURITY DEPOSIT OR RENT PREPAYMENT. Added by Acts 2015, 84th Leg., R.S., Ch. 869, Sec. The fee for service of a writ of restoration of utility service is the same as that for service of a writ of possession. (e) The landlord is entitled to a hearing on the tenant's sworn complaint for restoration of utility service. (f) Repairs made pursuant to the tenant's notice must be made by a company, contractor, or repairman listed in the yellow or business pages of the telephone directory or in the classified advertising section of a newspaper of the local city, county, or adjacent county at the time of the tenant's notice of intent to repair. 1, eff. TENANT'S RIGHT TO SUMMON POLICE OR EMERGENCY ASSISTANCE. (b) The notice must be given in person or by mail to the affected tenant. (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. Amended by Acts 1985, 69th Leg., ch. This subchapter applies to a lease executed, entered into, renewed, or extended on or after September 1, 1979. (a) This section applies only to a tenant in a multiunit complex, as that term is defined by Section 92.151. (3) of the charges for each option described by Subdivision (1) or (2). (c-1) As a precondition for allowing a tenant to park in a specific parking space or a common parking area that the landlord has made available for tenant use, the landlord may require a tenant to provide only the make, model, color, year, license number, and state of registration of the vehicle to be parked. 48, Sec. Acts 1983, 68th Leg., p. 3638, ch. 1, eff. Call us today at 214-382-9789 and talk to a lawyer now about your real estate situation. Section 27.0025 defines a community garden as a portion of . Acts 2015, 84th Leg., R.S., Ch. April 1, 2002. 869, Sec. 576, Sec. 1, eff. 165, Sec. 1, eff. (c) The acknowledgment required by Subsection (b) must include a statement substantively equivalent to the following: "Signing this acknowledgment indicates that you have had the opportunity to review the landlord's tenant selection criteria. 31.01(71), eff. Nine states have community property laws: Wisconsin, Louisiana, Texas, New Mexico, Arizona, California . (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. 76, Sec. Sept. 1, 1993. Sec. 48, Sec. 1, eff. (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. (a) If the landlord is liable to the tenant under Section 92.056(b), the tenant may have the condition repaired or remedied and may deduct the cost from a subsequent rent payment as provided in this section. 1, eff. FORCED SALE OF OWNER'S INTEREST IN CERTAIN REAL PROPERTY AS REIMBURSEMENT FOR PROPERTY TAXES PAID BY CO-OWNER ON OWNER'S BEHALF . Jan. 1, 1996. Renumbered from Sec. 651 (H.B. (i) A landlord is subject to the tenant remedies provided by Section 92.164(a)(4) if the landlord: (1) deactivates or does not install a keyless bolting device, claiming an exemption under Subsection (e), (f), or (g); and. 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). (a) For purposes of this section: (1) "Family violence" has the meaning assigned by Section 71.004, Family Code. (2) 30 days if the landlord's failure to repair is caused by a general shortage of labor or materials for repair following a natural disaster such as a hurricane, tornado, flood, extended freeze, or widespread windstorm. Added by Acts 2013, 83rd Leg., R.S., Ch. Sec. 826, Sec. a) A landlord 's liability under this section is subject to Section 92.052(b) regarding conditions that are caused by a tenant and Section 92.054 regarding conditions that are insured casualties. (e-1) A landlord who changes the locks or otherwise prevents a tenant from entering the tenant's individual rental unit may not change the locks or otherwise prevent a tenant from entering a common area of residential rental property. 1293), Sec. LANDLORD'S FAILURE TO DISCLOSE INFORMATION. (3) not entitled to the other repair and deduct remedies under Section 92.0561 or the judicial remedies under Subdivisions (1) and (2) of Subsection (a) of Section 92.0563. (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. September 1, 2013. (A) a door lock not in the doorknob that: (i) locks with a bolt into the doorjamb; and, (ii) is operated from the exterior by a key, card, or combination and from the interior by a knob or lever without a key, card, or combination; or. Added by Acts 2019, 86th Leg., R.S., Ch. 4, eff. (l) This section does not affect the ability of a landlord to pursue other available remedies, including the remedies provided by Chapter 24. Jan. 1, 1996. . This type of ownership is common among unmarried individuals when one contributes . 1168), Sec. 92.334. 92.207. A landlord who violates this section shall be liable to the tenant for all judicial remedies under Section 92.0563 except that the civil penalty under Subdivision (3) of Subsection (a) of Section 92.0563 shall be one month's rent plus $1,000. (3) For conditions other than those specified in Subdivision (2) of this subsection, if the new landlord acquires title as described in this subsection and has notified the tenant of the name and address of the new landlord or the new landlord's authorized agent and if the tenant has not already contracted for the repair or remedy at the time the tenant is so notified, the tenant must deliver to the new landlord a written notice of intent to repair or remedy the condition, and the new landlord shall have a reasonable time to complete the repair before the tenant may repair or remedy the condition. (2) at the time the tenant receives such evidence, the tenant has not yet terminated the lease or filed suit under this section. (2) "Applicant" or "rental applicant" means a person who makes an application to a landlord for rental of a dwelling. Added by Acts 2019, 86th Leg., R.S., Ch. The Texas Property Code bars landlords from retaliating against tenants within six months of the tenant establishing, attempting to establish, or participating in a tenant organization. Section 23.001 et seq. Acts 2005, 79th Leg., Ch. (g) A party may appeal from the court's judgment at the hearing on the sworn complaint for restoration of utility service in the same manner as a party may appeal a judgment in a forcible detainer suit. The Federal Emergency Management Agency (FEMA) maintains a flood map on its Internet website that is searchable by address, at no cost, to determine if a dwelling is located in a flood hazard area. (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. (a) Subject to Subsections (b) and (c), a smoke alarm must be installed according to the manufacturer's recommended procedures. 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. January 1, 2008. 2(119), eff. Acts 1983, 68th Leg., p. 3631, ch. 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. 92.107. 3, eff. 200, Sec. 21.001, eff. 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. 1, eff. The tenant shall have the burden of pleading and proving a knowing violation. 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. 2.63, eff. However, the landlord's duty to repair or remedy conditions covered by this subchapter may not be waived except as provided by Subsection (e) or (f) of Section 92.006. 165, Sec. Texas real estate may be owned individually or jointly. Importantly, this right is subordinate to the right of each co-tenant to possess the whole property. (f) If the tenant decides to pay a fee in lieu of a security deposit and the landlord purchases insurance coverage as described by Subsection (e), an agreement required under Subsection (c) must clearly specify the following terms: (1) the fee is being paid only to secure occupancy without a requirement of paying a security deposit; (2) the fee, unless otherwise specified, is not refundable; (3) payment of the fee, unless otherwise specified, does not eliminate, release, or otherwise limit the requirements of the lease, including that the tenant must pay for: (B) damages for which the tenant is legally liable under the lease, other than normal wear and tear; and. while common law lays out general guidelines for the process. 165, Sec. OBLIGATION TO REFUND. (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. (C) The landlord has expressly or impliedly agreed in the lease to furnish heating or cooling equipment; the equipment is producing inadequate heat or cooled air; and the landlord has been notified in writing by the appropriate local housing, building, or health official or other official having jurisdiction that the lack of heat or cooling materially affects the health or safety of an ordinary tenant. (2) the fee is used to purchase insurance coverage for damages and unpaid rent for which the tenant is legally liable under the lease or as a result of breaching the lease. It is also regulated by the Texas property code. 1, eff. 1439, Sec. (k) For purposes of Subsection (j), "significant financial loss of income" means a reduction of 10 percent or more of the tenant's household income caused by the tenant's military service. Sec. (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. 3632, ch. September 1, 2017. (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. Sec. Jan. 1, 1984. In this subchapter: (1) "Doorknob lock" means a lock in a doorknob, with the lock operated from the exterior by a key, card, or combination and from the interior without a key, card, or combination. (3) Any one of the following events has occurred: (A) The landlord has failed to remedy the backup or overflow of raw sewage inside the tenant's dwelling or the flooding from broken pipes or natural drainage inside the dwelling. Sec. 1399), Sec. (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. 869, Sec. 5, eff. TERM OF PARKING PERMIT. 337 (H.B. Added by Acts 2009, 81st Leg., R.S., Ch. Instead, under Section 101.002 of the Texas Estates Code, the . 3101), Sec. (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. 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. NOTICE FOR DWELLING LOCATED IN FLOODPLAIN. Sec. Jan. 1, 1996. A landlord is entitled to verify the significant financial loss of income in order to determine whether a tenant is entitled to terminate a lease if the tenant has signed a waiver under this section and moves within 30 miles of the dwelling into housing that is not owned or occupied by family or relatives of the tenant or the tenant's dependent. Sec. 576, Sec. 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. Refreshed: 2021-06-07. 257 (H.B. Acts 1993, 73rd Leg., ch. (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. January 1, 2008. A landlord's duty to install a smoke alarm under Subchapter F may not be waived, nor may a tenant waive a remedy for the landlord's noninstallation or waive the tenant's limited right of installation and removal. Sept. 1, 1993; Acts 1995, 74th Leg., ch. Sept. 1, 1997. 744, Sec. (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, (A) 54 inches from the floor, if installed before September 1, 1993; or. CHAPTER 92. Added by Acts 2007, 80th Leg., R.S., Ch. Disputes can easily arise in any common property ownership situation. Jan. 1, 1984. 1, eff. 2.28, eff. (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. (16) "Window latch" means a device on a window that prevents the window from being opened and that is operated without a key and only from the interior. 744, Sec. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING FAMILY VIOLENCE. 92.263. (e) Repealed by Acts 2017, 85th Leg., R.S., Ch. 92.254. 92.335. Texas recognizes two types of co-tenancies: A tenancy in common: The deeded interest descends to the heirs and beneficiaries of the deceased cotenant. 91.002 by Acts 1987, 70th Leg., ch. Sec. (2) in addition to other remedies available under law, recover from the landlord an amount equal to the sum of the tenant's actual damages, one month's rent plus $1,000, reasonable attorney's fees, and court costs, less any delinquent rents or other sums for which the tenant is liable to the landlord. (C) refund the tenant's security deposit, less lawful deductions, to the person designated under Subdivision (1). (2) a tenant has notified the landlord that the tenant has used the fire extinguisher for a legitimate purpose. 869, Sec. 576, Sec. 1112 (H.B. January 1, 2014. 92.001. "An ouster, in the law of tenancy in common, is the wrongful dispossession or exclusion by one tenant of his cotenant or cotenants from the common property of which they are entitled to possession." [1] Zaslow v. Kroenert (1946) 29 Cal. January 1, 2006. Aug. 28, 1995. 14, eff. UNIFORM CONDOMINIUM ACT. What Does The Texas Landlord And Tenant Act Cover? (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. Sec. AGENTS FOR DELIVERY OF NOTICE. (3) "Co-applicant" means a person who makes an application for rental of a dwelling with other applicants and who plans to live in the dwelling with other applicants. 92.106. 1371), Sec. Added by Acts 1995, 74th Leg., ch. (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. 918, Sec. 576, Sec. (d) For purposes of Subsection (b)(3) or (4), in determining whether a period of time is a reasonable time to repair or remedy a condition, there is a rebuttable presumption that seven days is a reasonable time. Schedule the entry during regular business hours, and try to work around the tenant's schedule as much as possible. 17.001(a), eff. 1205, Sec. The landlord shall post the hours of operation or availability of the facility in a conspicuous place at the facility. (2) exempt any party from a liability or a duty under this section. 4, eff. January 1, 2014. Acts 1983, 68th Leg., p. 3652, ch. 92.161. (e) Except as provided in Subsection (f), a tenant to whom a landlord is liable under Subsection (b) of this section may: (2) have the condition repaired or remedied according to Section 92.0561; (3) deduct from the tenant's rent, without necessity of judicial action, the cost of the repair or remedy according to Section 92.0561; and. (C) an advocate as defined by Section 93.001, Family Code, who assisted the victim. (i) the date the electric service has been interrupted; (ii) a location where the tenant may go during the landlord's normal business hours to make arrangements to pay the bill to reestablish interrupted electric service; (iii) the amount that must be paid to reestablish electric service; (iv) a statement providing that when the tenant makes a payment to reestablish electric service, a landlord may not apply that payment to rent or other amounts owed under the lease; (vi) a description of the tenant's rights under Subsection (j) to avoid interruption of electric service if the interruption will cause a person residing in the tenant's dwelling to become seriously ill or more seriously ill. (i) Unless a dangerous condition exists or the tenant requests disconnection, a landlord may not interrupt or cause the interruption of electric service under Subsection (h) on a day: (1) on which the landlord or a representative of the landlord is not available to collect electric bill payments and reestablish electric service; (2) that immediately precedes a day described by Subdivision (1); or, (A) the previous day's highest temperature did not exceed 32 degrees Fahrenheit and the temperature is predicted to remain at or below that level for the next 24 hours according to the nearest National Weather Service reports; or. (c) A tenant or a governmental entity or civic association acting on the tenant's behalf may file suit against a landlord to enjoin a violation of this section. Sept. 1, 1993. 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. (e) A keyless bolting device is not required to be installed at the landlord's expense on an exterior door if: (1) the dwelling is part of a multiunit complex in which the majority of dwelling units are leased to tenants who are over 55 years of age or who have a physical or mental disability; (2) a tenant or occupant in the dwelling is over 55 years of age or has a physical or mental disability; and. REMOVAL OF PROPERTY AND EXCLUSION OF RESIDENTIAL TENANT. (b) Termination of a lease under this section is effective on the later of: (1) the 30th day after the date on which the notice under Subsection (a) was provided; or. Be given in person or by mail to the right of survivorship subchapter applies to a lawyer now your... 81St Leg., R.S., Ch to a lease executed, entered into, renewed, or rekeyed this. Process if the tenant refuses to leave after the 30-day grace period general for... 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