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Texas Statutes (Last Updated: January 4, 2014) |
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PROPERTY CODE |
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Title 8. LANDLORD AND TENANT |
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Chapter 92. RESIDENTIAL TENANCIES |
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Subchapter B. REPAIR OR CLOSING OF LEASEHOLD |
Sec. 92.052. LANDLORD'S DUTY TO REPAIR OR REMEDY
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(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.