Texas Landlord-Tenant Statutes, (Property Code, Title 8), Chapter 91, Provisions Applicable to All Landlords and Tenants (Residential and Commercial)

Texas Landlord-Tenant Statutes, (Property Code, Title 8), Chapter 91, Provisions Applicable to All Landlords and Tenants (Residential and Commercial)

This is part of the Real Property Law Class for Real Estate Salespersons and Brokers.

First, we review what every Principal needs to know.

Sec. 91.001. NOTICE FOR TERMINATING CERTAIN TENANCIES. (a) A monthly tenancy or a tenancy from month to month may be terminated by the tenant or the landlord giving notice of termination to the other.
(b) If a notice of termination is given under Subsection (a) and if the rent-paying period is at least one month, the tenancy terminates on whichever of the following days is the later:
(1) the day given in the notice for termination; or
(2) one month after the day on which the notice is given.
(c) If a notice of termination is given under Subsection (a) and if the rent-paying period is less than a month, the tenancy terminates on whichever of the following days is the later:
(1) the day given in the notice for termination; or
(2) the day following the expiration of the period beginning on the day on which notice is given and extending for a number of days equal to the number of days in the rent-paying period.
(d) If a tenancy terminates on a day that does not correspond to the beginning or end of a rent-paying period, the tenant is liable for rent only up to the date of termination.
(e) Subsections (a), (b), (c), and (d) do not apply if:
(1) a landlord and a tenant have agreed in an instrument signed by both parties on a different period of notice to terminate the tenancy or that no notice is required; or
(2) there is a breach of contract recognized by law.

Acts 1983, 68th Leg., p. 3625, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1985, 69th Leg., ch. 200, Sec. 3, eff. Aug. 26, 1985.
Sec. 91.003. TERMINATION OF LEASE BECAUSE OF PUBLIC INDECENCY CONVICTION. (a) A landlord may terminate a lease executed or renewed after June 15, 1981, if:
(1) the tenant or occupant of the leasehold uses the property for an activity for which the tenant or occupant or for which an agent or employee of the tenant or occupant is convicted under Chapter 43, Penal Code, as amended; and
(2) the convicted person has exhausted or abandoned all avenues of direct appeal from the conviction.
(b) The fee owner or an intermediate lessor terminates the lease by giving written notice of termination to the tenant or occupant within six months after the right to terminate arises under this section. The right to possess the property reverts to the landlord on the 10th day after the date the notice is given.
(c) This section applies regardless of a term of the lease to the contrary.

Acts 1983, 68th Leg., p. 3627, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Sec. 91.004. LANDLORD’S BREACH OF LEASE; LIEN. (a) If the landlord of a tenant who is not in default under a lease fails to comply in any respect with the lease agreement, the landlord is liable to the tenant for damages resulting from the failure.
(b) To secure payment of the damages, the tenant has a lien on the landlord’s nonexempt property in the tenant’s possession and on the rent due to the landlord under the lease.

Acts 1983, 68th Leg., p. 3627, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Sec. 91.005. SUBLETTING PROHIBITED. During the term of a lease, the tenant may not rent the leasehold to any other person without the prior consent of the landlord.

Acts 1983, 68th Leg., p. 3627, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Sec. 91.006. LANDLORD’S DUTY TO MITIGATE DAMAGES. (a) A landlord has a duty to mitigate damages if a tenant abandons the leased premises in violation of the lease.
(b) A provision of a lease that purports to waive a right or to exempt a landlord from a liability or duty under this section is void.

Added by Acts 1997, 75th Leg., ch. 1205, Sec. 8, eff. Sept. 1, 1997.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Now, this is the part that licensees need to remember for the Texas Real Estate Licensing Test

The recommended advice to agents is to NOT allow a situation where the Buyer moves in before closing, however.  It is a ready opportunity for Buyer’s Remorse, or any problems with the Buyer’s loan, the survey, even with the Seller’s title corrections could lead to a situation with having to terminate the temporary tenancy without completing the closing.

The opposite, where the Seller remains after closing has fewer dangers, since the Seller is already aware of the property condition, and the promulgated agreement takes care of other problems, like damage, or casualty, etc.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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PROPERTY CODE

TITLE 8. LANDLORD AND TENANT

CHAPTER 91. PROVISIONS GENERALLY APPLICABLE TO LANDLORDS AND TENANTS

Sec. 91.001. NOTICE FOR TERMINATING CERTAIN TENANCIES. (a) A monthly tenancy or a tenancy from month to month may be terminated by the tenant or the landlord giving notice of termination to the other.
(b) If a notice of termination is given under Subsection (a) and if the rent-paying period is at least one month, the tenancy terminates on whichever of the following days is the later:
(1) the day given in the notice for termination; or
(2) one month after the day on which the notice is given.
(c) If a notice of termination is given under Subsection (a) and if the rent-paying period is less than a month, the tenancy terminates on whichever of the following days is the later:
(1) the day given in the notice for termination; or
(2) the day following the expiration of the period beginning on the day on which notice is given and extending for a number of days equal to the number of days in the rent-paying period.
(d) If a tenancy terminates on a day that does not correspond to the beginning or end of a rent-paying period, the tenant is liable for rent only up to the date of termination.
(e) Subsections (a), (b), (c), and (d) do not apply if:
(1) a landlord and a tenant have agreed in an instrument signed by both parties on a different period of notice to terminate the tenancy or that no notice is required; or
(2) there is a breach of contract recognized by law.

Acts 1983, 68th Leg., p. 3625, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1985, 69th Leg., ch. 200, Sec. 3, eff. Aug. 26, 1985.
Sec. 91.003. TERMINATION OF LEASE BECAUSE OF PUBLIC INDECENCY CONVICTION. (a) A landlord may terminate a lease executed or renewed after June 15, 1981, if:
(1) the tenant or occupant of the leasehold uses the property for an activity for which the tenant or occupant or for which an agent or employee of the tenant or occupant is convicted under Chapter 43, Penal Code, as amended; and
(2) the convicted person has exhausted or abandoned all avenues of direct appeal from the conviction.
(b) The fee owner or an intermediate lessor terminates the lease by giving written notice of termination to the tenant or occupant within six months after the right to terminate arises under this section. The right to possess the property reverts to the landlord on the 10th day after the date the notice is given.
(c) This section applies regardless of a term of the lease to the contrary.

Acts 1983, 68th Leg., p. 3627, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Sec. 91.004. LANDLORD’S BREACH OF LEASE; LIEN. (a) If the landlord of a tenant who is not in default under a lease fails to comply in any respect with the lease agreement, the landlord is liable to the tenant for damages resulting from the failure.
(b) To secure payment of the damages, the tenant has a lien on the landlord’s nonexempt property in the tenant’s possession and on the rent due to the landlord under the lease.

Acts 1983, 68th Leg., p. 3627, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Sec. 91.005. SUBLETTING PROHIBITED. During the term of a lease, the tenant may not rent the leasehold to any other person without the prior consent of the landlord.

Acts 1983, 68th Leg., p. 3627, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Sec. 91.006. LANDLORD’S DUTY TO MITIGATE DAMAGES. (a) A landlord has a duty to mitigate damages if a tenant abandons the leased premises in violation of the lease.
(b) A provision of a lease that purports to waive a right or to exempt a landlord from a liability or duty under this section is void.

Added by Acts 1997, 75th Leg., ch. 1205, Sec. 8, eff. Sept. 1, 1997.

 

Real Estate Sales and Brokers License, Compliance and Opportunity

In working with MY sales agent license, approved by TREC (Texas Real Estate Commission) there’s a lot of the usual, as we call it these days, COMPLIANCE.  However, remember that this is also an OPPORTUNITY, since the agent has the opportunity to complete the transaction, get paid, and actually reduce or remove liability by ensuring compliance with the TREC rules.

Much of the information that you might need comes from TREC in their posts.   However, this website and blogpost, http://www.texasbrokersponsor.com/blogcompliance

Keeps track of may compliance issues.

 

 

New Location for Foreclosure Auction and Bid Purchases in Bexar County

For a few months the Buyers, Bidders, Trustees, and Sheriffs have been meeting at a new location, on the First Tuesday of the month, of course, for the foreclosure sale. This is much better than the cramped stairway at the Courthouse, or the Federal building, with its undependable elevators. There is no protection from rain, or Summer heat, though, so it makes bidders work for their bargains. It is actually alongside the old Main Street between the Courthouse and the Elizondo Tower and Justice Center.

The “legal description” is: Bexar County in San Antonio, Texas, at the following location: the Courthouse, between the Bexar County Courthouse and the Paul Elizondo Tower near the intersection of E. Nueva Street & S. Main Avenue.

Some of the properties available are on this site:

https://www.auction.com/residential/tx/san-antonio_ct/

Tagged as: attorney, foreclosure, real estate, repossession, san antonio, taxes, texas

Residential (Non-Commercial) Real Estate Sales and Closings

Friends,

Another prospective client called the office recently, asking for legal counsel and assistance on a real estate closing transaction.

This office has had a set price for that type of transaction for some years. In sending this gentleman an email about hiring this office, I put in the general terms that I would use for anybody. With putting them in this post, I can inform the public, and copy those statements back for future prospects.

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Thank you for calling about handling a contract for the sale of real estate. As stated on the phone, our office usually handles a non-commercial transaction for $950 in fees, not including any filing fees, or other costs, taxes, certificates, surveys, title insurance, etc.

On these, I expect that to be a set price for any and all work that this office can do the counsel on the sale, from prospective contracts, counseling on inspectors, surveyors, etc,, reviewing contracts and title reports, preparing deed, note, deed of trust,closing statement, etc., if needed, and closing at this office is needed. There is probably some sensible limit if this goes on and on, with multiple buyers, etc, but we really haven’t ever hit that.

Please send me information as to the location, tax receipt, last deed if you have it. [Guadalupe/Wilson/Real/Atascosa/Frio County] doesn’t have quite the availability of documents that Bexar County has.

We can start with a down payment of $450, and with paypal charges of about $10, that can be paid at the bottom of the page on www.mysanantoniolawyer.com.

Please contact me with comments or questions.

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And that goes for you, too.

Cramdown of value on a motor vehicle, to pay replacement value only, in Chapter 13 Bankruptcy, not full amount due.

Cramdown of value on a motor vehicle, to pay replacement value only, not full amount due.

The first consideration is whether the loan is over 910 days old. The 2005 Bankruptcy “Reforms” protected automobile finance companies, sellers, and lenders, by forcing the purchaser of a vehicle within the last 910 days to pay the full amount of the debt on the car. This is typically a predatory amount of higher than retail price, excessive interest, and worthless add-ons like insurance, warranties, and undercoating.

However, if debtor is in this “more than 910 days” area, then he might be able to pay only the value. But what is the value? By definition, it is “replacement value”, or the price a retail merchant would charge today for a car like this one, taking into consideration the age and condition of the car. A start to determine that value is KBB.com and NADA books. Also, factor in particular discrepancies, like accident damage, or required repairs.

Your attorney can help in properly filing this information and getting the appropriate payment in the plan.

mysanantoniolawyer.com

David A. Bosworth
Bankruptcy Attorney
San Antonio, TX

210-805-9334

Tagged as: bankruptcy, repossession, vehicle valuation