Landlord-Tenant (TX) Flashcards
HOLDOVER TENANT
Detainer suit against holdover
Detainer suit jurisdiction
HOLDOVER TENANT
Detainer suit against holdover
- 3 days NOTICE before forcible detainer suit
- LL gets ATTY FEES IF sent written demand to vacate
- Gives T 11 days to vacate
Detainer suit jurisdiction
- Justice court of the precinct where property is located
TENANT DUTIES
TENANT DUTIES
Implied duty to repair (prevent waste)
- Keep premises in GOOD REPAIR
Duty to pay rent under the lease
TENANT DUTIES
Destruction of the property (no one at fault)
- TOTAL
- Partial
TENANT DUTIES
Destruction of the property (no one at fault)
- TOTAL
- Entitles either party to terminate the lease with written notice
- T entitled to a pro rata refund of rent paid, and a refund of security deposit
- Partial
- Court can reduce T’s rent accordingly
LANDLORD REMEDIES
Failure to pay rent - LOCKOUT
- Commercial
- Notice?
- Wrongful lockout -
- Residential
- Notice?
- Right to new key?
- Wrongful lockout -
LANDLORD REMEDIES
Failure to pay rent - LOCKOUT
- Commercial
- Automatic right to change the locks
- Notice on the door for who to contact to get the keys
- Wrongful lockout - retake possession OR terminate and sue for damages (one month’s rent or max $500), atty fees
- Residential
- NOT automatic—3 DAYS NOTICE required (how much rent is due, when the locks will be changed)
- T has a right to receive a NEW KEY at any hour, EVEN IF they don’t pay the delinquent rent
- Wrongful lockout - retake possession OR terminate and sue for SUPER DAMAGES:
- One month’s rent
- $1,000
- Actual damages
- Court costs
- (minus delinquent rent, if any)
LANDLORD DUTIES
Four impt duties:
LANDLORD DUTIES
Property Code — duty to repair conditions that materially affect health and safety
- Condition NOT covered UNLESS:
- T notifies L
- T is NOT BE DELINQUENT at the time of the notice
Residential dwellings must be equipped with SECURITY DEVICES.
Residential dwellings must have working SMOKE ALARMS and FIRE EXTINGUISHERS.
If T abandons, LL MUST MITIGATE damages—this duty cannot be waived in the lease.
LANDLORD DUTIES
Implied warranty of suitability
- Covers what?
- Waivable?
Implied warranty of suitability - Commercial leases
- Covers latent defects
- May be WAIVED
TENANT REMEDIES
Two impt remedies
TENANT REMEDIES
Terminate the lease
- Refund of the rent that T over-paid for that month, AND refund of security deposit
Repair and deduct
TENANT REMEDIES
Repair and deduct
Repair and deduct
- LL violated a STATUTORY duty to repair (health and safety) that was not WAIVED in the lease - T must give DESCRIPTIVE NOTICE of intention to use R&D remedy, and give the grounds: - Backup of raw sewage - Failure to provide potable water - Health and safety repairs - Includes ACTUAL DAMAGES
TENANT REMEDIES
Judicial enforcement of R&D remedy
Judicial enforcement of R&D remedy
- If LL hasn’t repaired in 7 DAYS
- T obtains a COURT ORDER:
- Directing LL to make repair
- Reducing T’s rent
- MONEY judgment for ONE MONTH’S RENT, $500, actual damages, and atty fees
Security deposit
Security deposit
- Entitled to return of deposit, minus damages (NOT ordinary wear and tear)
- ACCOUNTING: LL must give a written description and itemized list of all deductions
- Within 60 DAYS for commercial
- Within 30 DAYS for residential
ASSIGNMENT / SUBLEASE
Must have L’s permission
ASSIGNMENT / SUBLEASE
Must have L’s permission
- CLEAR EXPRESSION of permission, construed against T
- TX courts are not quick to find a waiver of this right
TORT LIABILITY
Public use
Furnished long-term residence
Criminal conduct of third party
TORT LIABILITY
Public use
- No particular duty re “public use”
- The question is, who has CONTROL over the area where the injury happened? e.g. common areas, hallways, etc. vs. inside the tenant’s unit
Furnished long-term residence
- TX does not have a heightened standard for these
Criminal conduct of third party
- Generally a superseding cause
- UNLESS it was foreseeable result of negligence of the L/T
FIXTURES
What happens if T removes fixtures from apt?
FIXTURES
T removes fixtures from apt
- T cannot do this UNLESS for a bona fide REPAIR OR REPLACEMENT
- PENALTY for violations: one month’s rent PLUS $1,000
