Texas Property Code §92.107 requires a tenant provide a forwarding address “for the purpose of refunding the security deposit.” So what happens if a tenant fails to provide a forwarding address to the landlord? First, “the landlord is not obligated to return the tenant’s security deposit or provide the description…
No! Texas Property Code §92.108 states “a 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.” The penalties are clear — the tenant can be liable up to 3 times the rent wrongfully withheld and…
Recently, I was involved in a classic retaliation case. An apartment tenant requested information from an apartment in accordance with the state statute to correct a deficiency with the apartment. The apartment management was unresponsive to the tenant’s request. The tenant then requested the apartment owner’s address, as provided by…
A landlord may not retaliate or attempt to punish a tenant who attempts to exercise “a right or remedy granted to the tenant by ‘by lease, municipal ordinance, or federal or state statute.” Texas Property Code §92.331(a)(1). Additionally a landlord may not retaliate if he can’t request a repair to…
A Tenant’s Remedies Section 92.056 generally makes the landlord liable to the tenant if the tenant meets the requirements of Section 92.052. The landlord, however, has a reasonable period of time to repair the condition. Section 92.56(d) states a reasonable period of time is seven days. “To rebut that presumption,…
Smoke Detectors You need a working smoke detector for the safety of you and your family. Section 92.254 of the Texas Property Code requires a working smoke detector in each rental unit. The smoke detector must be able to detect both visible and invisible products of combustion. The smoke detector,…
Repair of Property Texas Property Code § 92.052 provides a landlord “shall make a diligent effort to repair or remedy a condition if” the tenant gives notice AND is not delinquent in rent. Additionally, the repair defect “materially affects the physical health or safety of an ordinary tenant.” Finally, the…
Locks Section 92.153 of the Texas Property Code requires, with a few exceptions, a landlord to equip a residence, with a window latch on each exterior window, a doorknob lock or keyed dead bolt on each exterior door, sliding door pins for each exterior sliding door, a sliding door handle…
Tenants Tenants must comply with the contract and the Texas Property Code. A tenant should understand a Landlord has the right to retain a security deposit and make charges “for which the tenant is legally liable under the lease or as a result of breaching the lease.” Items a tenant…
The Texas Property Code governs security deposits. The landlord and tenant both have obligations and requirements under Chapter 92, Residential Tendencies, et seq., Subchapter C, Security Deposits. This chapter provides the specific requirements the landlord and the tenant must comply concerning the security deposit. First, we will discuss the landlord…