Texas Property Code Chapter 92 Flashcards

Questions and Answers

What statute covers leases in Texas?

Texas Property Code, chapter 92

_________ means one or more rooms rented for use as a permanent residence under a single lease to one or more tenants.

Dwelling

__________ means the owner, lessor, or sublessor of a dwelling, but does not include a manager or agent of the landlord.

Landlord

___________ means any written or oral agreement between a landlord and tenant that establishes or modifies the term, conditions and rules regarding the use and occupancy of a dwelling.

Lease Signup and view all the answers

____________ means deterioration that results from the intended use of a dwelling.

Normal wear and tear Signup and view all the answers

____________ means a tenant's rental unit, any area or facility the lease authorizes the tenant to use, and the appurtenances, grounds, and facilities held out for the use of tenants generally.

Premises Signup and view all the answers

___________ means a person who is authorized by a lease to occupy a dwelling to the exclusion of others.

Tenant Signup and view all the answers

What is the rule about interruption of utilities?

A landlord may not interrupt or cause the interruption of utility service paid for directly to the utility company by a tenant. Signup and view all the answers

What is the exception to the rule about interruption of utilities?

A landlord may interrupt if it results from bona fide repairs, construction, or an emergency. Signup and view all the answers

A landlord may not remove anything from premises leased to a tenant unless ____________.

the landlord removes item for a bona fide repair or replacement, but the repair or replacement must be promptly performed. Signup and view all the answers

A landlord may not intentionally prevent a tenant from entering the leased premises except by _____________.

judicial process Signup and view all the answers

A landlord may prevent a tenant from entering the leased premises if the exclusion results from:

bona fide repairs, construction or an emergency, removing the contents of premises abandoned by tenant, or changing the door locks on the door due to a tenant not paying at least part of the rent. Signup and view all the answers

How many adults may a landlord allow to occupy a dwelling?

three times the number of bedrooms in dwelling Signup and view all the answers

When may a landlord allow an occupancy rate of more than three tenants per bedroom?

when a state or federal fair housing law allows it or if an adult is seeking temporary sanctuary from family violence for a period that does not exceed one month Signup and view all the answers

_________ means an individual 18 years of age or older.

Adult Signup and view all the answers

__________ means an area of a dwelling intended for sleeping.

Bedroom Signup and view all the answers

What is the rule to cash rental payments?

A landlord shall accept a tenant's timely cash rental payment. Signup and view all the answers

What is the exception to cash rental payments?

A landlord must accept cash unless it is stated in the lease that payments must be made in a certain form. Signup and view all the answers

A landlord who receives a cash rental payment must:

provide the tenant with a written receipt and enter the payment date and amount in a record book maintained by the landlord. Signup and view all the answers

Rules regarding vehicle towing or parking apply only to___________.

a tenant in a multi-unit complex Signup and view all the answers

If at the time a lease agreement is executed a landlord has rules and policies regarding vehicle towing or parking that apply to the tenant, the landlord must _________.

provide a copy of the rules or policies before the lease agreement is executed. Signup and view all the answers

The copy of rules or policies must be:

signed by the tenant, included in the lease signed by the tenant, or included in an attachment to the lease that is signed but only if it is expressly referred to in the lease. Signup and view all the answers

If the rules or policies are in the lease or attached, the title must read 'Parking' or 'Parking Rules' and be _________.

capitalized, underlined, or printed in bold Signup and view all the answers

A landlord may not prohibit or limit a residential tenant's right to summon police or other emergency assistance in response to family violence or ___________.

impose monetary or other penalties on a tenant who summons police. Signup and view all the answers

A provision in a lease is _______ if the provision purports to: waive a tenant's right to summon police...

void Signup and view all the answers

Study Notes

Texas Property Code - Chapter 92 Overview

Governs leases and rental agreements in Texas.
Establishes rights and responsibilities for landlords and tenants.

Key Definitions

Dwelling: One or more rooms rented as a permanent residence under a single lease to tenants.
Landlord: Owner, lessor, or sublessor of a dwelling; excludes managers or agents.
Lease: Written or oral agreement setting terms and conditions for dwelling occupancy.
Normal Wear and Tear: Deterioration from the intended use of a dwelling.
Premises: Tenant's rental unit and any authorized areas or facilities for tenant use.
Tenant: Person allowed by lease to occupy a dwelling exclusively.

Utility Services

Landlords cannot disrupt utility services paid directly by tenants.
Exceptions allow interruptions for bona fide repairs, construction, or emergencies.

Access and Rights

Landlords may remove items from premises only for bona fide repairs or replacements, which must be done promptly.
Intentionally preventing tenant access to leased premises must follow judicial process.

Occupancy Rules

Maximum occupants allowed: Three times the number of bedrooms in the dwelling.
Exceptions include federal/state fair housing laws or temporary sanctuary for family violence under one month.

Adult and Bedroom Definitions

Adult: Individual 18 years old or older.
Bedroom: Designated area of a dwelling intended for sleeping.

Rental Payment Regulations

Landlords must accept cash payments unless stated otherwise in the lease.
Upon receiving cash, landlords must provide a written receipt and record payment details.

Vehicle Rules and Policies

Vehicle towing or parking rules apply only to tenants in multi-unit complexes.
Landlords must provide a copy of towing/parking rules before lease execution.

Lease Rules and Provisions

Specific rules must be signed by the tenant or included in the lease agreement.
Titles for rules in lease documents must be highlighted (capitalized/underlined/bold).
Landlords cannot penalize tenants for calling police or seeking emergency assistance, especially in cases of family violence.

Lease Provisions

Any lease provision that waives a tenant's right to call police is considered void.

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Description

Test your knowledge of the Texas Property Code, Chapter 92 with these flashcards. This quiz covers essential terms and definitions related to leases, landlords, and dwellings. Ideal for students and professionals dealing with Texas real estate laws.