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Real Property - Barbri

Terms in this set (216)

The Texas Property Code requires that the landlord must make repairs to conditions that materially affect the health and safety of an ordinary tenant. The
statutes provided in Chapter 92 of the Texas Property Code provide many specific provisions to guide the landlord and tenant with certainty in the process that does not exist under the common law

Waiver: First, the statutory warranty can ONLY be waived in one narrowly defined statutory provision. If a landlord owns only one rental dwelling, the property is not in need of repair at the beginning of the leasehold, the landlord does not know or have reason to know of any problems that would occur during the lease or an extension or renewal, and the lease is in writing, with a provision that is in bold type or underlined that is clearly, voluntarily, and knowingly made for consideration then the tenant can be required to make and pay for all repairs to the leased premises.

Notice: To avail themselves of the available remedies, the tenant must send a written notice to the landlord
by certified mail return receipt requested, by registered mail, or by another mail service that allows tracking of delivery from the US Postal Service or a private delivery service. The notice must be given to the person to whom or the place where the tenant's rent is normally paid, and the tenant must be current in the payment of rent. After providing notice, the landlord must be given a reasonable time to repair/respond.

Remedies: The tenant has three different remedies available:

• Choose to terminate the lease and obtain judicial
remedies;

• Choose to stay and sue for judicial remedies include damages and an order for the landlord to make repairs; or

• Choose the repair and deduct remedy which allows the tenant under limited circumstances to make repairs and deduct the cost from the next month's rent if specific procedures are followed.

None of these provisions apply to the commercial context. Texas has an implied warranty of suitability (similar to the common law implied warranty of habitability), and it can be waived.