Key definitions include: 'Dwelling' means one or more rooms rented for use as a permanent residence under a single lease to one or more tenants. 'Landlord' means the owner, lessor, or sublessor of a dwelling, but does not include a manager or agent of the landlord unless the manager or agent purports to be the owner, lessor, or sublessor in an oral or written lease. '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. 'Normal wear and tear' means deterioration that results from the intended use of a dwelling, including breakage or malfunction due to age or deteriorated condition, but does not include deterioration from negligence, carelessness, accident, or abuse. 'Premises' means a tenant's rental unit, any area or facility the lease authorizes the tenant to use, and the appurtenances, grounds, and facilities held out for the use of tenants generally. 'Tenant' means a person who is authorized by a lease to occupy a dwelling to the exclusion of others.
This chapter applies only to the relationship between landlords and tenants of residential rental property.
In a lawsuit by a tenant under either a written or oral lease for a dwelling, the owner's agent for service of process is determined as follows: If written notice of the name and business street address of the management company has been given to the tenant, the management company is the owner's sole agent. If that does not apply, the owner's management company, on-premise manager, or rent collector serving the dwelling is the owner's authorized agent unless the owner's name and business street address have been furnished in writing to the tenant.
A party who files or prosecutes a suit under Subchapter B, D, E, or F in bad faith or for purposes of harassment is liable to the defendant for one month's rent plus $100 and for attorney's fees.
A party who prevails in a suit brought under this subchapter or Subchapter B, E, or F may recover the party's costs of court and reasonable attorney's fees in relation to work reasonably expended. This section does not authorize recovery of attorney's fees in an action brought under Subchapter E or F for damages relating to property damage, personal injury, or a criminal act.
A landlord's duty or a tenant's remedy concerning security deposits, security devices, the landlord's disclosure of ownership and management, or utility cutoffs may not be waived. A landlord's duty to install a smoke alarm may not be waived. Conditions materially affecting physical health or safety under Subchapter B may not be waived except as provided in specified subsections. A tenant's right to a jury trial in an action brought under this chapter may not be waived in a lease or other written agreement.
Venue for an action under this chapter is governed by Section 15.0115, Civil Practice and Remedies Code.
A landlord or a landlord's agent may not interrupt or cause the interruption of utility service paid for directly to the utility company by a tenant unless the interruption results from bona fide repairs, construction, or an emergency. A landlord may not interrupt water, wastewater, gas, or electric service furnished to a tenant unless the interruption results from bona fide repairs, construction, or an emergency. If a landlord violates this section, the tenant may recover possession of the premises or terminate the lease and recover actual damages, one month's rent plus $1,000, reasonable attorney's fees, and court costs. A reconnection fee may not exceed $10.
A landlord may not remove a door, window, lock, or other mechanism from leased premises unless for a bona fide repair or replacement, which must be promptly performed. A landlord may not intentionally prevent a tenant from entering the leased premises except by judicial process unless the exclusion results from bona fide repairs, construction, emergency, removing contents of abandoned premises, or changing door locks on a tenant who is delinquent in paying rent. If the landlord changes the lock for delinquency, the landlord must post notice stating where the tenant can get a new key 24 hours a day, that the landlord must provide the key regardless of unpaid rent, and the amount owed. Violation entitles the tenant to recover the premises or terminate the lease plus one month's rent plus $1,000, actual damages, court costs, and attorney's fees.
If a landlord locks out a tenant in violation of Section 92.0081, the tenant may file a sworn complaint for reentry with the justice court. If the justice reasonably believes an unlawful lockout occurred, the justice may issue an ex parte writ of reentry. The landlord is entitled to a hearing, which must be held no earlier than the first day and no later than the seventh day after the landlord requests one. If the writ is disobeyed, the landlord may be held in contempt of court. A tenant who files in bad faith may be liable for actual damages, one month's rent or $500 whichever is greater, attorney's fees, and court costs.
If a landlord interrupts utility service in violation of Section 92.008, the tenant may file a sworn complaint with the justice court. The justice may issue an ex parte writ of restoration of utility service. The landlord is entitled to a hearing no earlier than the first day and no later than the seventh day after requesting one. Noncompliance with the writ is grounds for contempt. A tenant who files in bad faith may be liable for actual damages, one month's rent or $500 whichever is greater, attorney's fees, and court costs.
Except as otherwise provided, the maximum number of adults a landlord may allow to occupy a dwelling is three times the number of bedrooms. A landlord may allow more if required by fair housing law or if the adult is seeking temporary sanctuary from family violence for a period not exceeding one month. 'Adult' means an individual 18 years of age or older. 'Bedroom' means an area of a dwelling intended as sleeping quarters; does not include kitchen, dining room, bathroom, living room, utility room, or closet.
A landlord shall accept a tenant's timely cash rental payment unless a written lease requires payment by check, money order, or other traceable instrument. A landlord who receives a cash rental payment shall provide a written receipt and enter the payment date and amount in a record book. A tenant who prevails in suit under this section may recover court costs, attorney's fees, and the greater of one month's rent or $500 for each violation.
A landlord shall provide written notice to a tenant disclosing whether the dwelling is located in a 100-year floodplain. If the landlord knows flooding has damaged any portion of the dwelling at least once in the five years before the lease, the landlord must also provide written notice of that flooding history. Notice must be included in the lease, as an addendum, or in a separate written document signed by both parties. If a landlord violates this section and the tenant suffers substantial flood damage to personal property, the tenant may terminate the lease within 30 days of the damage by written notice.
Upon written request of a landlord, the tenant shall provide a contact person's name, address, and phone number and sign a statement authorizing the landlord upon the tenant's death to grant that person access, allow removal of property, and refund the security deposit. If a tenant who is the sole occupant dies, the landlord may remove and store all property, turn it over to the designated contact or lawfully entitled person, refund the security deposit less lawful deductions including removal and storage costs, and discard property if written request to remove it was sent by certified mail and unanswered for 30 days.
A landlord may not prohibit or limit a residential tenant's right to summon police or other emergency assistance based on the tenant's reasonable belief that an individual is in need of intervention or emergency assistance. A landlord may not impose monetary or other penalties on a tenant who summons police or emergency assistance. Lease provisions purporting to waive this right are void. A tenant who prevails may recover a civil penalty of one month's rent, actual damages, court costs, injunctive relief, and reasonable attorney's fees.
A tenant may terminate their lease and vacate without liability for future rent if the tenant provides the landlord with a copy of a qualifying protective order or documentation of family violence from a licensed health care or mental health provider or an advocate. The tenant must provide 30 days' written notice of termination. Termination is effective after the 30-day notice period expires and the tenant vacates. A landlord who violates this section is liable for actual damages, a civil penalty of one month's rent plus $500, and attorney's fees.
A tenant who is a victim (or parent or guardian of a victim) of sexual assault, aggravated sexual assault, indecency with a child, sexual performance by a child, continuous sexual abuse, or stalking that occurred in the preceding six months may terminate their lease. The tenant must provide documentation from a licensed health care or mental health provider, or a protective order, and give 30 days' written notice of termination. A landlord who violates this section is liable for actual damages, a civil penalty of one month's rent plus $500, and attorney's fees.
A tenant who is a servicemember or dependent of a servicemember may vacate the dwelling and avoid liability for future rent if the lease was executed before or during military service and the servicemember receives orders for a permanent change of station or to deploy for 90 days or more. The tenant must deliver written notice of termination and a copy of relevant military orders. Termination is effective 30 days after the next rent due date or the last day of the month following notice. A landlord who violates this section is liable for actual damages, a civil penalty of one month's rent plus $500, and attorney's fees.
A landlord may not collect a late fee unless notice of the fee is included in a written lease, the fee is reasonable, and any portion of the rent has remained unpaid for two full days after the due date. A late fee is considered reasonable if it does not exceed 12 percent of rent for a structure of four or fewer units, or 10 percent for structures with more than four units. A late fee may include an initial fee and a daily fee for each day rent remains unpaid. A landlord who violates this section is liable for $100, three times the late fee collected in violation, and the tenant's reasonable attorney's fees.
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 answered 24 hours a day for reporting emergencies related to conditions that materially affect the physical health or safety of an ordinary tenant. The number must be posted prominently outside the management or superintendent's office. A landlord without an on-site management office must also provide an emergency phone number to tenants.
A person other than a tenant who guarantees a lease is liable only for the original lease term unless the original lease expressly states that the guarantor agrees to guarantee a renewal, including the last renewal date, that the guarantor is liable under a renewal only if it involves the same parties, and the renewal does not increase the guarantor's potential financial obligation for rent. A guarantor may voluntarily agree in a separate written document to guarantee an increased rent amount at renewal.
Not later than the third business day after the lease is signed by each party, a landlord shall provide at least one complete copy of the lease to at least one tenant who is a party to the lease. If more than one tenant is a party, the landlord must provide a copy to any requesting tenant within three business days of a written request. A landlord may comply by providing the lease in paper format, electronic format if requested, or by e-mail if the parties have communicated by e-mail.
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 tenant's guest from lawfully possessing, carrying, transporting, or storing a firearm or firearm ammunition in the tenant's rental unit, in a vehicle in a parking area provided for tenants or guests, or in other locations controlled by the landlord as necessary to enter or exit the rental unit or the leased premises.
A landlord shall make a diligent effort to repair or remedy a condition if the tenant specifies the condition in a notice to the person or place where rent is normally paid, the tenant is not delinquent in rent at the time notice is given, and the condition materially affects the physical health or safety of an ordinary tenant or arises from the landlord's failure to maintain a hot water device to a minimum temperature of 120 degrees Fahrenheit. The landlord does not have a duty to repair a condition caused by the tenant, a lawful occupant, a family member, or a guest or invitee of the tenant, unless the condition results from normal wear and tear.
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. If the landlord does not provide a written explanation for delay on or before the fifth day after receiving from the tenant a written demand for an explanation, the landlord has the burden of proving a diligent effort to repair and that a reasonable time for repair did not elapse.
If a condition results from an insured casualty loss such as fire, smoke, hail, or explosion, the repair period does not begin until the landlord receives insurance proceeds. If the premises are totally unusable after a casualty loss not caused by the tenant, either the landlord or tenant may terminate the lease by giving written notice before repairs are completed. If partially unusable and not the tenant's fault, the tenant is entitled to a proportionate rent reduction, but only on court order unless otherwise agreed in writing.
A landlord is liable to a tenant if the tenant gave notice of a condition materially affecting health or safety, the tenant gave a subsequent written notice or sent notice by certified mail, the landlord had a reasonable time to repair after receiving notice, the landlord did not make a diligent repair effort, and the tenant was not delinquent in rent. There is a rebuttable presumption that seven days is a reasonable time to repair. A tenant to whom a landlord is liable may terminate the lease, have the condition repaired and deduct from rent, or obtain judicial remedies. The lease must contain underlined or bold print informing the tenant of repair remedies.
If the landlord is liable under Section 92.056(b), the tenant may have the condition repaired and deduct the cost from rent. The deduction may not exceed the greater of one month's rent or $500. Repairs and deductions may be made as often as necessary so long as the total in any one month does not exceed one month's rent or $500. Repairs must be made by an independent, licensed contractor; may not be made by the tenant, tenant's family, tenant's employer, or a company in which the tenant has an ownership interest. The tenant must provide the landlord with a copy of the repair bill and receipt.
The tenant must delay contracting for repairs if, before the tenant contracts, the landlord delivers a sworn affidavit summarizing reasons for delay and diligent efforts made. Affidavits may delay repair by 15 days for parts shortages not the landlord's fault, or 30 days for general labor or material shortages following a natural disaster. Affidavits for other reasons are unlawful. Total delay may not exceed six months from delivery of the first affidavit. A landlord who violates this section is liable for all judicial remedies including a civil penalty of one month's rent plus $1,000.
A tenant's judicial remedies for landlord failure to repair include a court order directing repair, a rent reduction order from the date of the first repair notice, a civil penalty of one month's rent plus $500, a judgment for actual damages, and court costs and attorney's fees. A landlord who knowingly contracts to waive the duty to repair is liable for actual damages, a civil penalty of one month's rent plus $2,000, and attorney's fees. A justice court may not award a judgment exceeding $20,000, excluding interest and costs.
This subchapter applies to all residential leases.
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.
Except as provided by Section 92.107 (forwarding address), the landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises. Any requirement that a tenant give advance notice of surrender as a condition for refunding is effective only if underlined or in conspicuous bold print in the lease. The tenant's claim to the security deposit takes priority over the claim of any creditor of the landlord, including a trustee in bankruptcy.
Before returning a security deposit, the landlord may deduct damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease. The landlord may not retain any portion of a security deposit to cover normal wear and tear. If the landlord retains all or part of the deposit, the landlord shall give the tenant the balance, if any, together with a written description and itemized list of all deductions, unless the tenant owes rent and there is no controversy about the amount.
The landlord is not obligated to return a security deposit or give 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 deposit. 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.
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. A tenant who violates this section is presumed to have acted in bad faith and is liable to the landlord for an amount equal to three times the rent wrongfully withheld and the landlord's reasonable attorney's fees.
A landlord who in bad faith retains a security deposit is liable for $100, three times the portion wrongfully withheld, and the tenant's reasonable attorney's fees. A landlord who in bad faith fails to provide a written description and itemized list of damages forfeits the right to withhold any portion of the deposit and to bring suit against the tenant for damages. The landlord has the burden of proving that any retention of the deposit was reasonable. A landlord who fails to return the deposit or provide an itemized list within 30 days after the tenant surrenders possession is presumed to have acted in bad faith.
If a security deposit is required by a residential lease, the landlord may choose to offer the tenant an option to pay a recurring fee in lieu of a security deposit. The landlord must also offer the tenant the option to pay a security deposit and may not use the tenant's choice as a criterion in deciding whether to approve the application. The fee must be the same amount each payment period and payable at the time each rent payment is due. Certain fee arrangements are treated as security deposits for Chapter 92 purposes; others are not if a written agreement is signed and the fee funds insurance coverage.
Except as otherwise provided, a dwelling must be equipped with a window latch on each exterior window, a doorknob lock or keyed dead bolt on each exterior door, a sliding door pin lock on each exterior sliding glass door, a sliding door handle latch or security bar on each exterior sliding glass door, and a keyless bolting device and door viewer on each exterior door. Security devices must be installed at the landlord's expense and must be operable throughout the time a tenant is in possession. For French doors, one door must meet standard requirements and the other must have top and bottom bolts with a throw of at least one inch.
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. A landlord shall perform additional rekeying or change a security device at the tenant's expense if requested. The expense of rekeying for purposes of the use or change of the landlord's master key must be paid by the landlord. If a tenant vacates in breach of a written lease, the landlord may deduct reasonable rekeying costs from the security deposit if the lease contains an underlined or boldface provision authorizing the deduction.
A landlord must comply with a tenant's request for rekeying, changing, installing, repairing, or replacing a security device within a reasonable time, presumed to be no later than seven days after the request is received. If the tenant informs the landlord that an unauthorized entry occurred or was attempted in the dwelling, or that a crime of personal violence occurred in the complex in the preceding two months, the presumptive reasonable time is reduced to 72 hours.
If a landlord does not comply with the installation or rekeying requirements, the tenant may: install or rekey the device and deduct reasonable costs from rent; serve a written request and, if the landlord does not comply within three days, unilaterally terminate the lease; file suit for actual damages, court costs, and attorney's fees; or serve a written request and file suit for a court order, actual damages, punitive damages, a civil penalty of one month's rent plus $500, court costs, and attorney's fees.
A landlord shall disclose to a tenant the name and address of the holder of record title and, if applicable, the name and street address of the off-site management company. Disclosure must be made by giving the information in writing within seven days of the tenant's request, by continuously posting the information conspicuously on the premises within seven days of request, or by including the information in the lease or written rules given to the tenant before the request. Disclosure may be made before the tenant requests it.
A tenant of a landlord who fails to disclose ownership information may obtain a court order directing disclosure, a judgment for the tenant's actual costs in discovering the information, a judgment of one month's rent plus $100, a judgment for court costs and attorney's fees, and may unilaterally terminate the lease without a court proceeding.
In this subchapter: 'Bedroom' means a room designed with the intent that it be used for sleeping purposes. 'Dwelling unit' means a home, mobile home, duplex unit, apartment unit, condominium unit, or any dwelling unit in a multiunit residential structure. '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.
A landlord shall install at least one smoke alarm in each separate bedroom in a dwelling unit. 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. If the dwelling unit has multiple levels, at least one smoke alarm must be located on each level. For dwelling units occupied before September 1, 2011, a battery-powered alarm is acceptable and interconnection is not required.
The landlord shall determine that the smoke alarm is in good working order at the beginning of the tenant's possession by testing it. During the lease term, the landlord has a duty to inspect and repair a smoke alarm, but only if the tenant gives notice of a malfunction or requests inspection or repair. This duty does not exist for damage caused by the tenant or guests, except the landlord must repair or replace if the tenant pays the reasonable cost in advance. The landlord must comply with a repair request within a reasonable time considering material, labor, and utility availability.
A landlord is liable if the landlord did not install a smoke alarm at the time of initial occupancy as required, or if the landlord does not install, inspect, or repair the smoke alarm on or before the seventh day after the tenant gives written notice that the tenant may exercise remedies if the landlord does not comply within seven days.
A tenant of a landlord who is liable under Section 92.259 may obtain a court order directing the landlord to comply, a judgment for damages suffered, a civil penalty of one month's rent plus $100 if the landlord violates Section 92.259(a)(2), a judgment for court costs, a judgment for attorney's fees, or unilateral termination of the lease without court proceedings if the landlord violates Section 92.259(a)(2).
A landlord who has agreed to furnish and pay for water, gas, or electric service is liable to the tenant if the utility company has cut off service or given notice of impending cutoff because of the landlord's nonpayment. If liable, the tenant may pay the utility to reconnect or avert cutoff, terminate the lease, deduct the amounts paid from rent, recover a pro rata refund of advance rentals, and recover actual damages including moving costs, utility connection fees, storage fees, and lost wages from work, plus court costs and attorney's fees.
A landlord may not retaliate against a tenant by filing an eviction proceeding, depriving the tenant of the use of the premises, decreasing services, increasing rent, terminating the lease, or engaging in bad faith conduct that materially interferes with the tenant's rights, because the tenant: in good faith exercises or attempts to exercise a right or remedy granted by lease, ordinance, or statute; gives a notice to repair; complains to a governmental entity about a building or housing code violation; or establishes, attempts to establish, or participates in a tenant organization. Retaliation actions taken within six months of the protected action are presumed retaliatory.
The landlord is not liable for retaliation if the landlord proves the action was not for purposes of retaliation. An eviction or lease termination does not constitute retaliation if the tenant is delinquent in rent when the notice to vacate is given; the tenant intentionally damages property or threatens personal safety; the tenant has materially breached the lease by criminal acts or serious misconduct; the tenant holds over after giving notice to vacate; the tenant holds over after the landlord gives notice of termination at the end of the rental term; or the tenant's conduct adversely affects quiet enjoyment of neighbors or materially affects health, safety, or property.
In addition to other remedies provided by law, if a landlord retaliates against a tenant, the tenant may recover from the landlord a civil penalty of one month's rent plus $500, actual damages, court costs, and reasonable attorney's fees in an action for recovery of property damages, moving costs, actual expenses, civil penalties, or declaratory or injunctive relief, less any delinquent rents or other sums for which the tenant is liable to the landlord.
At the time an applicant is provided with a rental application, the landlord shall make available to the applicant printed notice of the landlord's tenant selection criteria and the grounds for which the rental application may be denied, including criminal history, previous rental history, current income, credit history, or failure to provide accurate or complete information. If the landlord makes the notice available, the applicant shall sign an acknowledgment. If the landlord rejects an applicant and has not made the required notice available, the landlord shall return the application fee and any application deposit.
The applicant is deemed rejected by the landlord if the landlord does not give notice of acceptance on or before the seventh day after the date the applicant submits a completed rental application or the date the landlord accepts an application deposit if no form is furnished. A landlord's rejection of one co-applicant shall be deemed as a rejection of all co-applicants.
A landlord who in bad faith fails to refund an application fee or deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the amount wrongfully retained, and the applicant's reasonable attorney's fees.
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