Sec. 92.264. DUTY TO REPAIR OR REPLACE  


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  • (a) The landlord shall repair or replace a fire extinguisher at the landlord's expense if:

    (1) on inspection, the fire extinguisher is found:

    (A) not to be functioning; or

    (B) not to have the correct pressure indicated on the gauge or pressure indicator as recommended by the manufacturer of the fire extinguisher; or

    (2) a tenant has notified the landlord that the tenant has used the fire extinguisher for a legitimate purpose.

    (b) If the tenant or the tenant's invited guest removes, misuses, damages, or otherwise disables a fire extinguisher:

    (1) the landlord is not required to repair or replace the fire extinguisher at the landlord's expense; and

    (2) the landlord is required to repair or replace the fire extinguisher within a reasonable time if the tenant pays in advance the reasonable repair or replacement cost, including labor, materials, taxes, and overhead.

Added by Acts 2011, 82nd Leg., R.S., Ch. 257 , Sec. 6, eff. September 1, 2011.