Texas Residential Lease Agreement Template (Page 6 of 11) in pdf

U.S. Legal Forms, Inc.

Form TX-864LT

premises or the building and to remove any alterations,

condition following the notice given under Subdivision

additions, fixtures, and any other objects which may be

(1) or the tenant has given the notice under Subdivision

affixed or erected in violation of the terms of this Lease.

(1) by sending that notice by certified mail, return

Landlord shall give reasonable notice of intent to enter

receipt requested, or by registered mail;

premises except in the case of an emergency.

(4) the landlord has had a reasonable

time to repair or remedy the condition after the landlord

34. GOVERNING LAW: This Lease is governed by the

received the tenant's notice under Subdivision (1) and, if

statutory and case law of the State of Texas.

applicable, the tenant's subsequent notice under

Subdivision (3);

35. LEAD-BASED PAINT DISCLOSURE: HOUSING

(5) the landlord has not made a diligent

BUILT BEFORE 1978 MAY CONTAIN LEAD-BASED

effort to repair or remedy the condition after the

PAINT. LEAD FROM PAINT, PAINT CHIPS, AND

landlord received the tenant's notice under Subdivision

DUST CAN POSE HEALTH HAZARDS IF NOT

(1) and, if applicable, the tenant's notice under

MANAGED

PROPERLY.

LEAD EXPOSURE IS

Subdivision (3); and

ESPECIALLY HARMFUL TO YOUNG CHILDREN

(6) the tenant was not delinquent in the

AND PREGNANT WOMEN. BEFORE RENTING

payment of rent at the time any notice required by this

PRE-1978 HOUSING, LESSORS MUST DISCLOSE

subsection was given.

THE PRESENCE OF KNOWN LEAD-BASED PAINT

AND/OR LEAD-BASED PAINT HAZARDS IN THE

landlord is considered to have received the tenant's

DWELLING. LEASES MUST ALSO RECEIVED A

notice when the landlord or the landlord's agent or

FEDERALLY APPROVED PAMPHLET ON LEAD

employee has actually received the notice or when the

POISONING PREVENTION.

United States Postal Service has attempted to deliver the

notice to the landlord.

Landlord states as follows: [Landlord check one]

(d) For purposes of Subsection (b)(3) or (4), in

determining whether a period of time is a reasonable

The leased premises was constructed in 1978 or later.

time to repair or remedy a condition, there is a

rebuttable presumption that seven days is a reasonable

The leased premises was constructed prior to 1978.

time. To rebut that presumption, the date on which the

Landlord has conformed with all federal requirements

landlord received the tenant's notice, the severity and

regarding lead-based paint disclosure including the

nature of the condition, and the reasonable availability

completion and mutual signing with Tenant and any agents,

of materials and labor and of utilities from a utility

of the Lead-Based Paint Disclosure Form attached hereto

company must be considered.

and incorporated into this lease as a part hereof. All

(e)

Except as provided in Subsection (f), a

associated information required by the Disclosure form (if

tenant to whom a landlord is liable under Subsection (b)

any) was furnished to Tenant, and Tenant received the EPA

of this section may:

pamphlet “Protect Your Family from Lead in Your Home.”

(1) terminate the lease;

(2)

have the condition repaired or

remedied according to Section 92.0561;

36.

LANDLORD

LIABILITY

AND

TENANT

(3)

deduct from the tenant's rent,

REMEDIES; NOTICE AND TIME FOR REPAIR.

without necessity of judicial action, the cost of the repair

(§ 92.056.)

or remedy according to Section 92.0561; and

(a) A landlord's liability under this section is

(4) obtain judicial remedies according

subject to Section 92.052(b) regarding conditions that

to Section 92.0563.

are caused by a tenant and Section 92.054 regarding

(f) A tenant who elects to terminate the lease

conditions that are insured casualties.

under Subsection (e) is:

(b) A landlord is liable to a tenant as provided

(1) entitled to a pro rata refund of rent

by this subchapter if:

from the date of termination or the date the tenant

(1) the tenant has given the landlord

moves out, whichever is later;

notice to repair or remedy a condition by giving that

(2)

entitled to deduct the tenant's

notice to the person to whom or to the place where the

security deposit from the tenant's rent without necessity

tenant's rent is normally paid;

of lawsuit or obtain a refund of the tenant's security

(2) the condition materially affects the

deposit according to law; and

physical health or safety of an ordinary tenant;

(3) not entitled to the other repair and

(3) the tenant has given the landlord a

deduct remedies under Section 92.0561 or the judicial

subsequent written notice to repair or remedy the

remedies under Subdivisions (1) and (2) of Subsection (a)

condition after a reasonable time to repair or remedy the

of Section 92.0563.

Residential Lease Agreement, Page 6

Texas Residential Lease Agreement Template Page 6

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