However, a landlord may deactivate or remove the locking mechanism of a doorknob lock or remove any device not qualifying as a keyless bolting device if a keyed dead bolt has been installed on the same door. Acts 1983, 68th Leg., p. 3646, ch. Sept. 1, 1995. Acts 1983, 68th Leg., p. 3632, ch. (f) A landlord who violates this section is liable to the tenant for actual damages, a civil penalty equal to the amount of one month's rent plus $500, and attorney's fees. 92.301. 576, Sec. 1198 (S.B. AGENTS FOR DELIVERY OF NOTICE. (j) A landlord may not interrupt or cause the interruption of electric service under Subsection (h) of a tenant who, before the interruption date specified in the notice required by Subsection (h)(3), has: (1) established that the interruption will cause a person residing in the tenant's dwelling to become seriously ill or more seriously ill by having a physician, nurse, nurse practitioner, or other similar licensed health care practitioner attending to the person who is or may become ill provide a written statement to the landlord or a representative of the landlord stating that the person will become seriously ill or more seriously ill if the electric service is interrupted; and. Interior door replacement may require complete door frame replacement (this is actually true in many cases, depending on why the door is replaced) or door component replacement. 1205, Sec. 92.020. 512 (H.B. 869, Sec. (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. Added by Acts 2005, 79th Leg., Ch. (c-1) If the family violence is committed by a cotenant or occupant of the dwelling, a tenant may exercise the right to terminate the lease under the procedures provided by Subsection (b-1)(1)(A), (C), or (D) or (b-1)(2) and Subsection (c), except that the tenant is not required to provide the notice described by Subsection (c)(3). (3) the representative signs an inventory of the removed property, if required by the landlord or the landlord's agent. (b) A landlord may not intentionally prevent a tenant from entering the leased premises except by judicial process unless the exclusion results from: (1) bona fide repairs, construction, or an emergency; (2) removing the contents of premises abandoned by a tenant; or. 869, Sec. (b) A tenant who violates this section is presumed to have acted in bad faith. (b) Except as provided by Subsection (a), a dwelling to which this subchapter applies includes: (1) a room in a dormitory or rooming house; (3) a single family house, duplex, or triplex; and. (a) 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, as provided by Subchapter C, D, E, or G, respectively, may not be waived. Acts 2019, 86th Leg., R.S., Ch. 92.2571. When using a vinyl door sweep, place a wood tapping block over the weather stripping. 92.005. Sec. 869, Sec. Sept. 1, 1999. (e) A landlord and a tenant may agree for the tenant to repair or remedy, at the tenant's expense, any condition covered by Subchapter B if all of the following conditions are met: (1) at the beginning of the lease term the landlord owns only one rental dwelling; (2) at the beginning of the lease term the dwelling is free from any condition which would materially affect the physical health or safety of an ordinary tenant; (3) at the beginning of the lease term the landlord has no reason to believe that any condition described in Subdivision (2) of this subsection is likely to occur or recur during the tenant's lease term or during a renewal or extension; and. The landlord has a defense to liability under Section 92.259 if: (1) on the date the tenant gives the notice required by Section 92.259 the tenant has not paid all rent due from the tenant; or. Jan. 1, 1984. Acts 2007, 80th Leg., R.S., Ch. 92.101. 1715), Sec. (2) on the date the tenant terminates the lease or files suit the tenant has not fully paid costs requested by the landlord and authorized by Section 92.258. 91 (S.B. Added by Acts 2007, 80th Leg., R.S., Ch. Interior door repairs range from $51 and $141 per damaged section. EFFECT ON OTHER LANDLORD DUTIES AND TENANT REMEDIES. Ideally, insert shims 6 inches from the corners and every 8 inches between. Exterior Door is Hard to Open: If your exterior door is hard to open, it might be from a loosened threshold piece. (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). January 1, 2016. Pre-hung door frame kits cost $109 to $440 installed, and experts recommend installing these over doors alone if the house is an older one that has shifted slightly over the years—so that they are better aligned. 257 (H.B. 869, Sec. (C) an advocate as defined by Section 93.001, Family Code, who assisted the victim. LIABILITY OF TENANT FOR GOVERNMENTAL FINES. 92.011. 92.353. (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. EVICTION SUITS. Jan. 1, 1984. 4, eff. (d) If a landlord changes the vehicle towing or parking rules or policies during the term of the lease agreement, the landlord shall provide written notice of the change to the tenant before the tenant is required to comply with the rule or policy change. Aug. 28, 1989. 1488), Sec. In addition: (1) if the dwelling unit is designed to use a single room for dining, living, and sleeping, the smoke alarm must be located inside the room; (2) if multiple bedrooms are served by the same corridor, at least one smoke alarm must be installed in the corridor in the immediate vicinity of the bedrooms; and. 650, Sec. Acts 2007, 80th Leg., R.S., Ch. Holes up to ½” wide can be filled with wood putty or two coats of auto body filler and then smoothed out and painted once dry. Added by Acts 1995, 74th Leg., ch. 576, Sec. Jan. 1, 1984. Install shims under any screw holes for the threshold to avoid having the screws pull the threshold out of shape. Repairs to French door frames cost $210, and sliding door frame repairs run $100 to $240.Pocket door repair ranges from $40 to $280, and installing a new pre-hung door and frame costs $109 to $440.. Sec. 869, Sec. 92.0563. (c) Subsection (a) does not apply to a real estate mortgage lienholder who acquires title by foreclosure. 257 (H.B. Sometimes the glue joining the various parts of a door turn to powder and the parts need to be put back together more solidly. (a) If a landlord does not comply with Section 92.153 or 92.156(a) regarding installation or rekeying of a security device, the tenant may: (1) install or rekey the security device 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) serve a written request for compliance on the landlord, and, except as provided by Subsections (b) and (c), if the landlord does not comply on or before the third day after the date the notice is received, unilaterally terminate the lease without court proceedings; (3) file suit against the landlord without serving a request for compliance and obtain a judgment for: (A) a court order directing the landlord to comply, if the tenant is in possession of the dwelling; (D) attorney's fees except in suits for recovery of property damages, personal injuries, or wrongful death; and. 10, eff. (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. Acts 1983, 68th Leg., p. 3631, ch. (a) A smoke alarm must be: (1) designed to detect both the visible and invisible products of combustion; (2) designed with an alarm audible to a person in the bedrooms it serves; and. 1, eff. 576, Sec. 576, Sec. Aug. 31, 1987. The hardwoods will be more expensive. Replace any door jambs without hassle by using EverMark Ever Jamb Exterior Door Frame Kit. (2) made a notation in the landlord's files of the time, place, and method of providing the notice and the name of the person who delivered the notice by: (A) hand delivery to the tenant or any occupant of the tenant's dwelling over the age of 16 years at the tenant's dwelling; (B) facsimile to a facsimile number the tenant provided to the landlord for the purpose of receiving notices; or. (e) This section does not apply if notice is actually hand delivered to and received by a person occupying the leased premises. 92.251. If the justice finds, after considering the evidence at the hearing, that the person has directly or indirectly disobeyed the writ, the justice may commit the person to jail without bail until the person purges himself of the contempt in a manner and form as the justice may direct. (b) A tenant may not unilaterally terminate the lease under Subsection (a)(2) or file suit against the landlord to obtain a judgment under Subsection (a)(4) unless the landlord does not comply on or before the seventh day after the date the written request for compliance is received if the lease includes language underlined or in boldface print that in substance provides the tenant with notice that: (1) the landlord at the landlord's expense is required to equip the dwelling, when the tenant takes possession, with the security devices described by Sections 92.153(a)(1)-(4) and (6); (2) the landlord is not required to install a doorknob lock or keyed dead bolt at the landlord's expense if the exterior doors meet the requirements of Section 92.153(f); (3) the landlord is not required to install a keyless bolting device at the landlord's expense on an exterior door if the landlord is expressly required or permitted to periodically check on the well-being or health of the tenant as provided by Section 92.153(e)(3); and. Amended by Acts 1995, 74th Leg., ch. This subchapter applies to all residential leases. 650, Sec. Sec. Sec. Added by Acts 2015, 84th Leg., R.S., Ch. Sec. 4, eff. 92.351. (3) damage from windows or doors left open. Aug. 28, 1989. (c) If the tenant has complied with Subsection (b) and if the justice reasonably believes an unlawful lockout has likely occurred, the justice may issue, ex parte, a writ of reentry that entitles the tenant to immediate and temporary possession of the premises, pending a final hearing on the tenant's sworn complaint for reentry. 92.159. 257 (H.B. A landlord acts in bad faith and is liable according to this subchapter if the landlord gives an incorrect name or address under Subsection (a) of Section 92.201 by wilfully: (1) disclosing incorrect information under Section 92.201(b)(1) or (2) or Section 92.201(d); or. 92.161. Acts 1983, 68th Leg., p. 3651, ch. Acts 1983, 68th Leg., p. 3633, ch. 1, eff. (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. 322 (H.B. A pocket door is one that slides into a pocket of space to hide it when open. (5) "Landlord" means a prospective landlord to whom a person makes application for rental of a dwelling. 1349 (H.B. Sec. (j) When deducting the cost of repairs from the rent payment, the tenant shall furnish the landlord, along with payment of the balance of the rent, a copy of the repair bill and the receipt for its payment. (2) "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. Added by Acts 1995, 74th Leg., ch. (a) A landlord is liable to a tenant or a governmental body according to this subchapter if: (1) after the tenant or government official or employee makes a request for information under Section 92.201, the landlord does not provide the information; and. Jan. 1, 1984. 1, eff. (c) A notice to a tenant's primary residence under Subsection (a) may be sent by regular United States mail and shall be considered as having been given on the date of postmark of the notice. Jan. 1, 1984. January 1, 2008. COMPLIANCE WITH TENANT REQUEST REQUIRED WITHIN REASONABLE TIME. My house is 4 yrs old in excellent shape and the threshold plate at the bottom of the door is very tight against bottom of door but water still gets in. (15) "Tenant turnover date" means the date a tenant moves into a dwelling under a lease after all previous occupants have moved out. 1, eff. (c) This section does not create a cause of action or expand an existing cause of action. Jan. 1, 1984. Jan. 1, 1996. 348 (S.B. Added by Acts 2019, 86th Leg., R.S., Ch. 1, eff. Composite materials and metal are common materials for door frames as well. (a) A tenant of a landlord who is liable under Section 92.202, 92.203, or 92.204 may obtain or exercise one or more of the following remedies: (1) a court order directing the landlord to make a disclosure required by this subchapter; (2) a judgment against the landlord for an amount equal to the tenant's actual costs in discovering the information required to be disclosed by this subchapter; (3) a judgment against the landlord for one month's rent plus $100; (4) a judgment against the landlord for court costs and attorney's fees; and. 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. Sec. Repairs to French door frames cost $210, and sliding door frame repairs run $100 to $240. 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