§
92.051. Application
§ 92.052.
Landlord's Duty to Repair or Remedy
§ 92.053.
Burden of Proof
§ 92.054.
Casualty Loss
§ 92.055.
Closing the Rental Premises
§ 92.056.
Landlord Liability and Tenant Remedies...
§ 92.0561.
Tenant's Repair and Deduct Remedies
§ 92.0562.
Landlord Affidavit for Delay
§ 92.0563.
Tenant's Judicial Remedies
§ 92.058.
Landlord Remedy for Tenant Violation
§ 92.060.
Agents for Delivery of Notice
§ 92.061.
Effect on Other Rights
Other
applicable statutes of the Texas Property Code
regarding repairs: § 92.006.
Waiver or Expansion of Duties and Remedies
This subchapter applies to a lease executed, entered into, renewed, or extended on or after September 1, 1979.
Acts 1983, 68th Leg., p. 3632, ch. 576, § 1, eff. Jan. 1, 1984.
§ 92.052. Landlord's Duty to Repair or Remedy
(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 materially
affects the physical health or safety of an ordinary
tenant.
(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.
Acts 1983, 68th Leg., p. 3632, ch. 576, § 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 650, § 3, eff. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 48, § 14, eff. Sept. 1, 1993.
(a) Except as provided by this section, the tenant has the burden of proof in a judicial action to enforce a right resulting from the landlord's failure to repair or remedy a condition under Section 92.052.
(b) If the landlord does not provide a written explanation for delay in performing a duty to repair or remedy on or before the fifth day after receiving from the tenant a written demand for an explanation, the landlord has the burden of proving that he made a diligent effort to repair and that a reasonable time for repair did not elapse.
Acts 1983, 68th Leg., p. 3633, ch. 576, § 1, eff. Jan. 1, 1984.
(a) If a condition results from an insured casualty loss, such as fire, smoke, hail, explosion, or a similar cause, the period for repair does not begin until the landlord receives the insurance proceeds.
(b) If after a casualty loss the rental premises are as a practical matter totally unusable for residential purposes and if the casualty loss is not caused by the negligence or fault of the tenant, a member of the tenant's family, or a guest or invitee of the tenant, either the landlord or the tenant may terminate the lease by giving written notice to the other any time before repairs are completed. If the lease is terminated, the tenant is entitled only to a pro rata refund of rent from the date the tenant moves out and to a refund of any security deposit otherwise required by law.
(c) If after a casualty loss the rental premises are partially unusable for residential purposes and if the casualty loss is not caused by the negligence or fault of the tenant, a member of the tenant's family, or a guest or invitee of the tenant, the tenant is entitled to reduction in the rent in an amount proportionate to the extent the premises are unusable because of the casualty, but only on judgment of a county or district court. A landlord and tenant may agree otherwise in a written lease.
Acts 1983, 68th Leg., p. 3633, ch. 576, § 1, eff. Jan. 1, 1984. Amended by Acts 1993, 73rd Leg., ch. 48, § 15, eff. Sept. 1, 1993.
§ 92.055. Closing the Rental Premises
(a) A landlord may close a rental unit at any time by giving written notice by certified mail, return receipt requested, to the tenant and to the local health officer and local building inspector, if any, stating that:
(1)
the landlord is terminating the tenancy as soon as
legally possible; and
(2) after the tenant moves
out the landlord will either immediately demolish the
rental unit or no longer use the unit for residential
purposes.
(b) After a tenant receives the notice and moves out:
(1)
the local health officer or building inspector may
not allow occupancy of or utility service by separate
meter to the rental unit until the officer certifies
that he knows of no condition that materially affects
the physical health or safety of an ordinary tenant;
and
(2) the landlord may not
allow reoccupancy or reconnection of utilities by separate
meter within six months after the date the tenant moves
out.
(c) If the landlord gives the tenant the notice closing the rental unit:
(1)
before the tenant gives a repair notice to the
landlord, the remedies of this subchapter do not
apply;
(2) after the tenant gives a
repair notice to the landlord but before the landlord has
had a reasonable time to make repairs, the tenant is
entitled only to the remedies under Subsection (d) of this
section and Subdivisions (3), (4), and (5) of Subsection
(a) of Section 92.0563; or
(3) after the tenant gives a
repair notice to the landlord and after the landlord has
had a reasonable time to make repairs, the tenant is
entitled only to the remedies under Subsection (d) of this
section and Subdivisions (3), (4), and (5) of Subsection
(a) of Section 92.0563.
(d) If the landlord closes the rental unit after the tenant gives the landlord a notice to repair and the tenant moves out on or before the end of the rental term, the landlord must pay the tenant's actual and reasonable moving expenses, refund a pro rata portion of the tenant's rent from the date the tenant moves out, and, if otherwise required by law, return the tenant's security deposit.
(e) A landlord who violates Subsection (b) or (d) is liable to the tenant for an amount equal to the total of one month's rent plus $100 and attorney's fees.
(f) The closing of a rental unit does not prohibit the occupancy of other apartments, nor does this subchapter prohibit occupancy of or utility service by master or individual meter to other rental units in an apartment complex that have not been closed under this section. If another provision of this subchapter conflicts with this section, this section controls.
Acts 1983, 68th Leg., p. 3634, ch. 576, § 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 650, § 4, eff. Aug. 28, 1989.
§ 92.056. Landlord Liability and Tenant Remedies; Notice and Time for Repair
(a) A landlord's liability under this section is subject to Section 92.052(b) regarding conditions that are caused by a tenant and Section 92.054 regarding conditions that are insured casualties.
(b) A landlord is liable to a tenant as provided by this subchapter if:
(1)
the tenant has given the landlord notice to repair or
remedy a condition by giving that notice to the
person to whom or to the place where the tenant's
rent is normally paid;
(2) the condition materially
affects the physical health or safety of an ordinary
tenant;
(3) the tenant has given the
landlord a subsequent written notice to repair or remedy
the condition after a reasonable time to repair or remedy
the condition following the notice given under Subdivision
(1) or the tenant has given the notice under Subdivision
(1) by sending that notice by certified mail, return
receipt requested, or by registered mail;
(4) the landlord has had a
reasonable time to repair or remedy the condition after the
landlord received the tenant's notice under Subdivision (1)
and, if applicable, the tenant's subsequent notice under
Subdivision (3);
(5) the landlord has not made
a diligent effort to repair or remedy the condition after
the landlord received the tenant's notice under Subdivision
(1) and, if applicable, the tenant's notice under
Subdivision (3); and
(6) the tenant was not
delinquent in the payment of rent at the time any notice
required by this subsection was given.
(c) For purposes of Subsection (b)(4) or (5), a landlord is considered to have received the tenant's notice when the landlord or the landlord's agent or employee has actually received the notice or when the United States Postal Service has attempted to deliver the notice to the landlord.
(d) For purposes of Subsection (b)(3) or (4), in determining whether a period of time is a reasonable time to repair or remedy a condition, there is a rebuttable presumption that seven days is a reasonable time. To rebut that presumption, the date on which the landlord received the tenant's notice, the severity and nature of the condition, and the reasonable availability of materials and labor and of utilities from a utility company must be considered.
(e) Except as provided in Subsection (f), a tenant to whom a landlord is liable under Subsection (b) of this section may:
(1)
terminate the lease;
(2) have the condition
repaired or remedied according to Section 92.0561;
(3) deduct from the tenant's
rent, without necessity of judicial action, the cost of the
repair or remedy according to Section
92.0561; and
(4) obtain judicial remedies
according to Section
92.0563.
(f) A tenant who elects to terminate the lease under Subsection (e) is:
(1)
entitled to a pro rata refund of rent from the date
of termination or the date the tenant moves out,
whichever is later;
(2) entitled to deduct the
tenant's security deposit from the tenant's rent without
necessity of lawsuit or obtain a refund of the tenant's
security deposit according to law; and
(3) not entitled to the other
repair and deduct remedies under Section
92.0561 or the judicial remedies under Subdivisions (1)
and (2) of Subsection (a) of Section
92.0563.
Acts 1983, 68th Leg., p. 3635, ch. 576, § 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 650, § 5, eff. Aug. 28, 1989. Amended by Acts 1997, 75th Leg., ch. 1205, § 11, eff. Jan. 1, 1998.
§ 92.0561. Tenant's Repair and Deduct Remedies
(a) If the landlord is liable to the tenant under Section 92.056(b), the tenant may have the condition repaired or remedied and may deduct the cost from a subsequent rent payment as provided in this section.
(b) The tenant's deduction for the cost of the repair or remedy may not exceed the amount of one month's rent under the lease or $500, whichever is greater. However, if the tenant's rent is subsidized in whole or in part by a governmental agency, the deduction limitation of one month's rent shall mean the fair market rent for the dwelling and not the rent that the tenant pays. The fair market rent shall be determined by the governmental agency subsidizing the rent, or in the absence of such a determination, it shall be a reasonable amount of rent under the circumstances.
(c) Repairs and deductions under this section may be made as often as necessary so long as the total repairs and deductions in any one month do not exceed one month's rent or $500, whichever is greater.
(d) Repairs under this section may be made only if all of the following requirements are met:
(1)
The landlord has a duty to repair or remedy the
condition under Section 92.052,
and the duty has not been waived in a written lease
by the tenant under Subsection (e) or (f) of Section 92.006.
(2) The tenant has given
notice to the landlord as required by Section 92.056(b)(1), and, if required, a
subsequent notice under Section
92.056(b)(3), and at least one of those notices states
that the tenant intends to repair or remedy the condition.
The notice shall also contain a reasonable description of
the intended repair or remedy.
(3) Any one of the following
events has occurred:
(A)
The landlord has failed to remedy the backup or
overflow of raw sewage inside the tenant's dwelling
or the flooding from broken pipes or natural drainage
inside the dwelling.
(B) The landlord has
expressly or impliedly agreed in the lease to furnish
potable water to the tenant's dwelling and the water
service to the dwelling has totally ceased.
(C) The landlord has
expressly or impliedly agreed in the lease to furnish
heating or cooling equipment; the equipment is producing
inadequate heat or cooled air; and the landlord has been
notified in writing by the appropriate local housing,
building, or health official or other official having
jurisdiction that the lack of heat or cooling materially
affects the health or safety of an ordinary tenant.
(D) The landlord has been
notified in writing by the appropriate local housing,
building, or health official or other official having
jurisdiction that the condition materially affects the
health or safety of an ordinary tenant.
(e) If the requirements of Subsection (d) of this section are met, a tenant may:
(1)
have the condition repaired or remedied immediately
following the tenant's notice of intent to repair if
the condition involves sewage or flooding as referred
to in Paragraph (A) of Subdivision (3) of Subsection
(d) of this section;
(2) have the condition
repaired or remedied if the condition involves a cessation
of potable water as referred to in Paragraph (A) of
Subdivision (3) of Subsection (d) of this section and if
the landlord has failed to repair or remedy the condition
within three days following the tenant's delivery of notice
of intent to repair;
(3) have the condition
repaired or remedied if the condition involves inadequate
heat or cooled air as referred to in Paragraph (C) of
Subdivision (3) of Subsection (d) of this section and if
the landlord has failed to repair the condition within
three days after delivery of the tenant's notice of intent
to repair; or
(4) have the condition
repaired or remedied if the condition is not covered by
Paragraph (A), (B), or (C) of Subdivision (3) of Subsection
(d) of this section and involves a condition affecting the
physical health or safety of the ordinary tenant as
referred to in Paragraph (D) of Subdivision (3) of
Subsection (d) of this section and if the landlord has
failed to repair or remedy the condition within seven days
after delivery of the tenant's notice of intent to
repair.
(f) Repairs made pursuant to the tenant's notice must be made by a company, contractor, or repairman listed in the yellow or business pages of the telephone directory or in the classified advertising section of a newspaper of the local city, county, or adjacent county at the time of the tenant's notice of intent to repair. Unless the landlord and tenant agree otherwise under Subsection (g) of this section, repairs may not be made by the tenant, the tenant's immediate family, the tenant's employer or employees, or a company in which the tenant has an ownership interest. Repairs may not be made to the foundation or load-bearing structural elements of the building if it contains two or more dwelling units.
(g) A landlord and a tenant may mutually agree for the tenant to repair or remedy, at the landlord's expense, any condition of the dwelling regardless of whether it materially affects the health or safety of an ordinary tenant. However, the landlord's duty to repair or remedy conditions covered by this subchapter may not be waived except as provided by Subsection (e) or (f) of Section 92.006.
(h) Repairs made pursuant to the tenant's notice must be made in compliance with applicable building codes, including a building permit when required.
(i) The tenant shall not have authority to contract for labor or materials in excess of what the tenant may deduct under this section. The landlord is not liable to repairmen, contractors, or material suppliers who furnish labor or materials to repair or remedy the condition. A repairman or supplier shall not have a lien for materials or services arising out of repairs contracted for by the tenant under this section.
(j) When deducting the cost of repairs from the rent payment, the tenant shall furnish the landlord, along with payment of the balance of the rent, a copy of the repair bill and the receipt for its payment. A repair bill and receipt may be the same document.
(k) If the landlord repairs or remedies the condition or delivers an affidavit for delay under Section 92.0562 to the tenant after the tenant has contacted a repairman but before the repairman commences work, the landlord shall be liable for the cost incurred by the tenant for the repairman's trip charge, and the tenant may deduct the charge from the tenant's rent as if it were a repair cost.
Added by Acts 1989, 71st Leg., ch. 650, § 6, eff. Aug. 28, 1989. Amended by Acts 1997, 75th Leg., ch. 1205, § 12, eff. Jan. 1, 1998.
§ 92.0562. Landlord Affidavit for Delay
(a) The tenant must delay contracting for repairs under Section 92.0561 if, before the tenant contracts for the repairs, the landlord delivers to the tenant an affidavit, signed and sworn to under oath by the landlord or his authorized agent and complying with this section.
(b) The affidavit must summarize the reasons for the delay and the diligent efforts made by the landlord up to the date of the affidavit to get the repairs done. The affidavit must state facts showing that the landlord has made and is making diligent efforts to repair the condition, and it must contain dates, names, addresses, and telephone numbers of contractors, suppliers, and repairmen contacted by the owner.
(c) Affidavits under this section may delay repair by the tenant for:
(1)
15 days if the landlord's failure to repair is caused
by a delay in obtaining necessary parts for which the
landlord is not at fault; or
(2) 30 days if the landlord's
failure to repair is caused by a general shortage of labor
or materials for repair following a natural disaster such
as a hurricane, tornado, flood, extended freeze, or
widespread windstorm.
(d) Affidavits for delay based on grounds other than those listed in Subsection (c) of this section are unlawful, and if used, they are of no effect. The landlord may file subsequent affidavits, provided that the total delay of the repair or remedy extends no longer than six months from the date the landlord delivers the first affidavit to the tenant.
(e) The affidavit must be delivered to the tenant by any of the following methods:
(1)
personal delivery to the tenant;
(2) certified mail, return
receipt requested, to the tenant; or
(3) leaving the notice inside
the dwelling in a conspicuous place if notice in that
manner is authorized in a written lease.
(f) Affidavits for delay by a landlord under this section must be submitted in good faith. Following delivery of the affidavit, the landlord must continue diligent efforts to repair or remedy the condition. There shall be a rebuttable presumption that the landlord acted in good faith and with continued diligence for the first affidavit for delay the landlord delivers to the tenant. The landlord shall have the burden of pleading and proving good faith and continued diligence for subsequent affidavits for delay. A landlord who violates this section shall be liable to the tenant for all judicial remedies under Section 92.0563 except that the civil penalty under Subdivision (3) of Subsection (a) of Section 92.0563 shall be one month's rent plus $1,000.
(g) If the landlord is liable to the tenant under Section 92.056 and if a new landlord, in good faith and without knowledge of the tenant's notice of intent to repair, has acquired title to the tenant's dwelling by foreclosure, deed in lieu of foreclosure, or general warranty deed in a bona fide purchase, then the following shall apply:
(1)
The tenant's right to terminate the lease under this
subchapter shall not be affected, and the tenant
shall have no duty to give additional notice to the
new landlord.
(2) The tenant's right to
repair and deduct for conditions involving sewage backup or
overflow, flooding inside the dwelling, or a cutoff of
potable water under Subsection (e) of Section 92.0561 shall not be affected, and
the tenant shall have no duty to give additional notice to
the new landlord.
(3) For conditions other than
those specified in Subdivision (2) of this subsection, if
the new landlord acquires title as described in this
subsection and has notified the tenant of the name and
address of the new landlord or the new landlord's
authorized agent and if the tenant has not already
contracted for the repair or remedy at the time the tenant
is so notified, the tenant must deliver to the new landlord
a written notice of intent to repair or remedy the
condition, and the new landlord shall have a reasonable
time to complete the repair before the tenant may repair or
remedy the condition. No further notice from the tenant is
necessary in order for the tenant to repair or remedy the
condition after a reasonable time has elapsed.
(4) The tenant's judicial
remedies under Section 92.0563 shall
be limited to recovery against the landlord to whom the
tenant gave the required notices until the tenant has given
the new landlord the notices required by this section and
otherwise complied with Section
92.056 as to the new landlord.
(5) If the new landlord
violates this subsection, the new landlord is liable to the
tenant for a civil penalty of one month's rent plus $2,000,
actual damages, and attorney's fees.
(6) No provision of this
section shall affect any right of a foreclosing superior
lienholder to terminate, according to law, any interest in
the premises held by the holders of subordinate liens,
encumbrances, leases, or other interests and shall not
affect any right of the tenant to terminate the lease
according to law.
Added by Acts 1989, 71st Leg., ch. 650, § 7, eff. Aug. 28, 1989.
§ 92.0563. Tenant's Judicial Remedies
(a) A tenant's judicial remedies under Section 92.056 shall include:
(1)
an order directing the landlord to take reasonable
action to repair or remedy the condition;
(2) an order reducing the
tenant's rent, from the date of the first repair notice, in
proportion to the reduced rental value resulting from the
condition until the condition is repaired or remedied;
(3) a judgment against the
landlord for a civil penalty of one month's rent plus $500;
(4) a judgment against the
landlord for the amount of the tenant's actual damages; and
(5) court costs and
attorney's fees, excluding any attorney's fees for a cause
of action for damages relating to a personal
injury.
(b) A landlord who knowingly violates Section 92.006 by contracting orally or in writing with a tenant to waive the landlord's duty to repair under this subchapter shall be liable to the tenant for actual damages, a civil penalty of one month's rent plus $2,000, and reasonable attorney's fees. For purposes of this subsection, there shall be a rebuttable presumption that the landlord acted without knowledge of the violation. The tenant shall have the burden of pleading and proving a knowing violation. If the lease is in writing and is not in violation of Section 92.006, the tenant's proof of a knowing violation must be clear and convincing. A mutual agreement for tenant repair under Subsection (g) of Section 92.0561 is not a violation of Section 92.006.
(c) The justice, county, and district courts have concurrent jurisdiction of an action under Subsection (a) of this section except that the justice court may not order repairs under Subdivision (1) of Subsection (a) of this section.
Added by Acts 1989, 71st Leg., ch. 650, § 8, eff. Aug. 28, 1989.
§ 92.058. Landlord Remedy for Tenant Violation
(a) If the tenant withholds rents, causes repairs to be performed, or makes rent deductions for repairs in violation of this subchapter, the landlord may recover actual damages from the tenant. If, after a landlord has notified a tenant in writing of (1) the illegality of the tenant's rent withholding or the tenant's proposed repair and (2) the penalties of this subchapter, the tenant withholds rent, causes repairs to be performed, or makes rent deductions for repairs in bad faith violation of this subchapter, the landlord may recover from the tenant a civil penalty of one month's rent plus $500.
(b) Notice under this section must be in writing and may be given in person, by mail, or by delivery to the premises.
(c) The landlord has the burden of pleading and proving, by clear and convincing evidence, that the landlord gave the tenant the required notice of the illegality and the penalties and that the tenant's violation was done in bad faith. In any litigation under this subsection, the prevailing party shall recover reasonable attorney's fees from the nonprevailing party.
Acts 1983, 68th Leg., p. 3638, ch. 576, § 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 650, § 10, eff. Aug. 28, 1989.
§ 92.060. Agents for Delivery of Notice
A managing agent, leasing agent, or resident manager is the agent of the landlord for purposes of notice and other communications required or permitted by this subchapter.
Acts 1983, 68th Leg., p. 3639, ch. 576, § 1, eff. Jan. 1, 1984.
§ 92.061. Effect on Other Rights
The duties of a landlord and the remedies of a tenant under this subchapter are in lieu of existing common law and other statutory law warranties and duties of landlords for maintenance, repair, security, habitability, and nonretaliation, and remedies of tenants for a violation of those warranties and duties. Otherwise, this subchapter does not affect any other right of a landlord or tenant under contract, statutory law, or common law that is consistent with the purposes of this subchapter or any right a landlord or tenant may have to bring an action for personal injury or property damage under the law of this state. This subchapter does not impose obligations on a landlord or tenant other than those expressly stated in this subchapter.
Acts 1983, 68th Leg., p. 3639, ch. 576, § 1, eff. Jan. 1, 1984. Amended by Acts 1985, 69th Leg., ch. 200, § 5, eff. Aug. 26, 1985.
§ 92.006. Waiver or Expansion of Duties and Remedies
(a) A landlord's duty or a tenant's remedy concerning security deposits, security devices, the landlord's disclosure of ownership and management, or utility cutoffs, as provided by Subchapter C, D, E, or G, respectively, may not be waived. A landlord's duty to install a smoke detector under Subchapter F may not be waived, nor may a tenant waive a remedy for the landlord's noninstallation or waive the tenant's limited right of installation and removal. The landlord's duty of inspection and repair of smoke detectors under Subchapter F may be waived only by written agreement.
(b) A landlord's duties and the tenant's remedies concerning security devices, the landlord's disclosure of ownership and management, or smoke detectors, as provided by Subchapter D, E, or F, respectively, may be enlarged only by specific written agreement.
(c) A landlord's duties and the tenant's remedies under Subchapter B, which covers conditions materially affecting the physical health or safety of the ordinary tenant, may not be waived except as provided in Subsections (d), (e), and (f) of this section.
(d) A landlord and a tenant may agree for the tenant to repair or remedy, at the landlord's expense, any condition covered by Subchapter B.
(e) A landlord and a tenant may agree for the tenant to repair or remedy, at the tenant's expense, any condition covered by Subchapter B if all of the following conditions are met:
(1)
at the beginning of the lease term the landlord owns
only one rental dwelling;
(2) at the beginning of the
lease term the dwelling is free from any condition which
would materially affect the physical health or safety of an
ordinary tenant;
(3) at the beginning of the
lease term the landlord has no reason to believe that any
condition described in Subdivision (2) of this subsection
is likely to occur or recur during the tenant's lease term
or during a renewal or extension; and
(4)(A) the lease is in
writing;
(B) the agreement for repairs
by the tenant is either underlined or printed in boldface
in the lease or in a separate written addendum;
(C) the agreement is specific
and clear; and
(D) the agreement is made
knowingly, voluntarily, and for consideration.
(f) A landlord and tenant may agree that, except for those conditions caused by the negligence of the landlord, the tenant has the duty to pay for repair of the following conditions that may occur during the lease term or a renewal or extension:
(1)
damage from wastewater stoppages caused by foreign or
improper objects in lines that exclusively serve the
tenant's dwelling;
(2) damage to doors, windows,
or screens; and
(3) damage from windows or
doors left open.
This subsection shall not affect the landlord's duty under Subchapter B to repair or remedy, at the landlord's expense, wastewater stoppages or backups caused by deterioration, breakage, roots, ground conditions, faulty construction, or malfunctioning equipment. A landlord and tenant may agree to the provisions of this subsection only if the agreement meets the requirements of Subdivision (4) of Subsection (e) of this section.
Acts 1983, 68th Leg., p. 3631, ch. 576, § 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 650, § 1, eff. Aug. 28, 1989.