Texas Residential Lease Agreement Template (Page 7 of 11) in pdf

U.S. Legal Forms, Inc.

Form TX-864LT

landlord has been notified in writing by the appropriate

Text of subsection effective on January 1, 2008

local housing, building, or health official or other official

having jurisdiction that the lack of heat or cooling

(g) A lease must contain language in underlined

materially affects the health or safety of an ordinary

or bold print that informs the tenant of the remedies

tenant.

available under this section and Section 92.0561.

(D)

The landlord has

been notified in writing by the appropriate local housing,

37. TENANT'S REPAIR AND DEDUCT REMEDIES.

building, or health official or other official having

(§ 92.0561. )

jurisdiction that the condition materially affects the

(a)

If the landlord is liable to the tenant

health or safety of an ordinary tenant.

under Section 92.056(b), the tenant may have the

(e) If the requirements of Subsection (d) of

condition repaired or remedied and may deduct the cost

this section are met, a tenant may:

from a subsequent rent payment as provided in this

(1) have the condition repaired or

section.

remedied immediately following the tenant's notice of

(b) The tenant's deduction for the cost of the

intent to repair if the condition involves sewage or

repair or remedy may not exceed the amount of one

flooding as referred to in Paragraph (A) of Subdivision

month's rent under the lease or $500, whichever is

(3) of Subsection (d) of this section;

greater. However, if the tenant's rent is subsidized in

(2) have the condition repaired or

whole or in part by a governmental agency, the

remedied if the condition involves a cessation of potable

deduction limitation of one month's rent shall mean the

water as referred to in Paragraph (A) of Subdivision (3)

fair market rent for the dwelling and not the rent that

of Subsection (d) of this section and if the landlord has

the tenant pays.

The fair market rent shall be

failed to repair or remedy the condition within three

determined by the governmental agency subsidizing the

days following the tenant's delivery of notice of intent to

rent, or in the absence of such a determination, it shall

repair;

be a reasonable amount of rent under the circumstances.

(3) have the condition repaired or

remedied if the condition involves inadequate heat or

may be made as often as necessary so long as the total

cooled air as referred to in Paragraph (C) of Subdivision

repairs and deductions in any one month do not exceed

(3) of Subsection (d) of this section and if the landlord

one month's rent or $500, whichever is greater.

has failed to repair the condition within three days after

(d) Repairs under this section may be made

delivery of the tenant's notice of intent to repair; or

only if all of the following requirements are met:

(4) have the condition repaired or

(1)

The landlord has a duty to

remedied if the condition is not covered by Paragraph

repair or remedy the condition under Section 92.052,

(A), (B), or (C) of Subdivision (3) of Subsection (d) of

and the duty has not been waived in a written lease by

this section and involves a condition affecting the

the tenant under Subsection (e) or (f) of Section 92.006.

physical health or safety of the ordinary tenant as

(2) The tenant has given notice to

referred to in Paragraph (D) of Subdivision (3) of

the landlord as required by Section 92.056(b)(1), and, if

Subsection (d) of this section and if the landlord has

required, a subsequent notice under Section 92.056(b)(3),

failed to repair or remedy the condition within seven

and at least one of those notices states that the tenant

days after delivery of the tenant's notice of intent to

intends to repair or remedy the condition. The notice

repair.

shall also contain a reasonable description of the

(f)

Repairs made pursuant to the tenant's

intended repair or remedy.

notice must be made by a company, contractor, or

(3) Any one of the following events

repairman listed in the yellow or business pages of the

has occurred:

telephone directory or in the classified advertising

(A)

The landlord has

section of a newspaper of the local city, county, or

failed to remedy the backup or overflow of raw sewage

adjacent county at the time of the tenant's notice of

inside the tenant's dwelling or the flooding from broken

intent to repair. Unless the landlord and tenant agree

pipes or natural drainage inside the dwelling.

otherwise under Subsection (g) of this section, repairs

(B)

The landlord has

may not be made by the tenant, the tenant's immediate

expressly or impliedly agreed in the lease to furnish

family, the tenant's employer or employees, or a

potable water to the tenant's dwelling and the water

company in which the tenant has an ownership interest.

service to the dwelling has totally ceased.

Repairs may not be made to the foundation or load-

(C)

The landlord has

bearing structural elements of the building if it contains

expressly or impliedly agreed in the lease to furnish

two or more dwelling units.

heating or cooling equipment;

the equipment is

(g) A landlord and a tenant may mutually

producing inadequate heat or cooled air;

and the

agree for the tenant to repair or remedy, at the

Residential Lease Agreement, Page 7

Texas Residential Lease Agreement Template Page 7

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