PROPERTY CODE TITLE 8. LANDLORD AND TENANT CHAPTER 92. RESIDENTIAL TENANCIES SUBCHAPTER A. GENERAL PROVISIONS

 

PROPERTY CODE

TITLE 8. LANDLORD AND TENANT

CHAPTER 92. RESIDENTIAL TENANCIES

SUBCHAPTER A. GENERAL PROVISIONS

 

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.

Sec. 92.056.  LANDLORD LIABILITY AND TENANT REMEDIES;  NOTICE AND TIME FOR REPAIR.  (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.

(b)  A landlord is liable to a tenant as provided by this subchapter if:

(1)  the tenant has given the landlord notice to repair or remedy a condition by giving that notice to the person to whom or to the place where the tenant's rent is normally paid;

(2)  the condition materially affects the physical health or safety of an ordinary tenant;

(3)  the tenant has given the landlord a subsequent written notice to repair or remedy the condition after a reasonable time to repair or remedy the condition following the notice given under Subdivision (1) or the tenant has given the notice under Subdivision (1) by sending that notice by certified mail, return receipt requested, by registered mail, or by another form of mail that allows tracking of delivery from the United States Postal Service or a private delivery service;

(4)  the landlord has had a reasonable time to repair or remedy the condition after the landlord received the tenant's notice under Subdivision (1) and, if applicable, the tenant's subsequent notice under Subdivision (3);

(5)  the landlord has not made a diligent effort to repair or remedy the condition after the landlord received the tenant's notice under Subdivision (1) and, if applicable, the tenant's notice under Subdivision (3); and

(6)  the tenant was not delinquent in the payment of rent at the time any notice required by this subsection was given.

(c)  For purposes of Subsection (b)(4) or (5), a landlord is considered to have received the tenant's notice when the landlord or the landlord's agent or employee has actually received the notice or when the United States Postal Service has attempted to deliver the notice to the landlord.

(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.  To rebut that presumption, the date on which the landlord received the tenant's notice, the severity and nature of the condition, and the reasonable availability of materials and labor and of utilities from a utility company must be considered.

(e)  Except as provided in Subsection (f), a tenant to whom a landlord is liable under Subsection (b) of this section may:

(1)  terminate the lease;

(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

(4)  obtain judicial remedies according to Section 92.0563.

(f)  A tenant who elects to terminate the lease under Subsection (e) is:

(1)  entitled to a pro rata refund of rent from the date of termination or the date the tenant moves out, whichever is later;

(2)  entitled to deduct the tenant's security deposit from the tenant's rent without necessity of lawsuit or obtain a refund of the tenant's security deposit according to law;  and

(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.

(g)  A lease must contain language in underlined or bold print that informs the tenant of the remedies available under this section and Section 92.0561.

Acts 1983, 68th Leg., p. 3635, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1989, 71st Leg., ch. 650, Sec. 5, eff. Aug. 28, 1989;  Acts 1997, 75th Leg., ch. 1205, Sec. 11, eff. Jan. 1, 1998.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 917 (H.B. 3101), Sec. 5, eff. January 1, 2008.

Acts 2015, 84th Leg., R.S., Ch. 1198 (S.B. 1367), Sec. 4, eff. January 1, 2016.

 

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 $10,000, 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.