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Texas Laws | Property Code
PROPERTY CODE
TITLE 8. LANDLORD AND TENANT

Sec. 92.1641. LANDLORD'S DEFENSES RELATING TO INSTALLING OR REKEYING CERTAIN SECURITY DEVICES. (7883)(Text)

The landlord has a defense to liability under Section 92.164 if: (7884)

(1) the tenant has not fully paid all rent then due from the tenant on the date the tenant gives a request under Section 92.157(c) or the notice required by Section 92.164; or (7885)

(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 92.162. (7886)

Acts 1983, 68th Leg., p. 3645, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1993, 73rd Leg., ch. 48, Sec. 17, eff. Sept. 1, 1993. Renumbered from Sec. 92.158 and amended 2001, 77th Leg., ch. 1420, Sec. 17.001(a), eff. Sept. 1, 2001. (7887)

Amended by: (7888)

Acts 2015, 84th Leg., R.S., Ch. 1072 (H.B. 2404), Sec. 3, eff. January 1, 2016. (7889)

Acts 2015, 84th Leg., R.S., Ch. 1198 (S.B. 1367), Sec. 8, eff. January 1, 2016. (7890)

Sec. 92.165. TENANT REMEDIES FOR OTHER LANDLORD VIOLATIONS. (7891)(Text)

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: (7892)

(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; (7893)

(2) unilaterally terminate the lease without court proceedings; and (7894)

(3) file suit against the landlord and obtain a judgment for: (7895)

(A) a court order directing the landlord to comply, if the tenant is in possession of the dwelling; (7896)

(B) the tenant's actual damages; (7897)

(C) punitive damages if the tenant suffers actual damages and the landlord's failure to comply is intentional, malicious, or grossly negligent; (7898)

(D) a civil penalty of one month's rent plus $500; (7899)

(E) court costs; and (7900)

(F) attorney's fees except in suits for recovery of property damages, personal injuries, or wrongful death. (7901)

Added by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993. (7902)

Sec. 92.166. NOTICE OF TENANT'S DEDUCTION OF REPAIR COSTS FROM RENT. (7903)(Text)

(a) A tenant shall notify the landlord of a rent deduction attributable to the tenant's installing, repairing, changing, replacing, or rekeying of a security device under Section 92.164(a)(1) or 92.165(1) after the landlord's failure to comply with this subchapter. The notice must be given at the time of the reduced rent payment. (7904)

(b) Unless otherwise provided in a written lease, a tenant shall provide one duplicate of the key to any key-operated security device installed or rekeyed by the tenant under Section 92.164(a)(1) or 92.165(1) within a reasonable time after the landlord's written request for the key. (7905)

Added by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993. (7906)

Sec. 92.167. LANDLORD'S DEFENSES RELATING TO COMPLIANCE WITH TENANT'S REQUEST. (7907)(Text)

(a) A landlord has a defense to liability under Section 92.165 if 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 this subchapter. (7908)

(b) A management company or managing agent who is not the owner of a dwelling and who has not purported to be the owner in the lease has a defense to liability under Sections 92.164 and 92.165 if before the date the tenant is in possession of the dwelling or the date of the tenant's request for installation, repair, replacement, change, or rekeying and before any property damage or personal injury to the tenant, the management company or managing agent: (7909)

(1) did not have funds of the dwelling owner in its possession or control with which to comply with this subchapter; (7910)

(2) made written request to the dwelling owner that the owner fund and allow installation, repair, change, replacement, or rekeying of security devices as required under this subchapter and mailed the request, certified mail return receipt requested, to the dwelling owner; and (7911)

(3) not later than the third day after the date of receipt of the tenant's request, provided the tenant with a written notice: (7912)

(A) stating that the management company or managing agent has taken the actions in Subdivisions (1) and (2); (7913)

(B) stating that the owner has not provided or will not provide the necessary funds; and (7914)

(C) explaining the remedies available to the tenant for the landlord's failure to comply. (7915)

Added by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 17.00(b), eff. Sept. 1, 2001. (7916)

Sec. 92.168. TENANT'S REMEDY ON NOTICE FROM MANAGEMENT COMPANY. (7917)(Text)

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. (7918)

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