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TEXAS PROPERTY CODE EXAM 2024/2025 QUESTIONS WITH COMPLETED & VERIFIED SOLUTIONS.
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TEXAS PROPERTY CODE EXAM 2024/2025 QUESTIONS WITH COMPLETED & VERIFIED SOLUTIONS.
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TEXAS PROPERTY CODEChapter 91 Applicability - ANS provisions generally applicable to landlords and tenants
Chapter 92 Applicability - ANS applies only to the relationship between landlords and tenants of
residential rental property
Chapter 93 Applicability - ANS applies only to the relationship between landlords and tenants of
commercial rental property
Chapter 91 - 5 Sections - ANS §91.001 Notice for Terminating Certain Tenancies
§91.003 Termination of Lease Because of Public Indecency Conviction
§91.004 Landlord's Breach of Lease; Lien
§91.005 Subletting Prohibited
§91.006 Landlord's Duty to Mitigate Damages
Chapter 91, Section 1 (§91.001) - ANS - only deals with month-to-month leases
- may be terminated by tenant or landlord
- must provide written notice
- if rent period is at least 1 month, lease terminates either on date notice is given OR one month
after notice, whichever is later
- if rent period is less than 1 month, lease terminates either on day notice is given OR the
following expiration of period beginning on the day notice is given and extending for a number of
days equal to the number of days in rent paying period
- if tenancy terminates on day not corresponding to beginning or end of rent paying period,
tenant is liable for rent only up to date of termination
Chapter 91, Section 3 (§91.003) - ANS - public indecency
- statute gives landlord the right to terminate a lease executed or renewed after June 15, 1981
and tenant is convicted under the "indecency" provision of the Texas Penal Code and appeals
have been exhausted
- landlord must give written notice within 6 months after the right to terminate arises
- landlord may retake possession on the 10th day after notice is given
Chapter 91, Section 4 (§91.004) - ANS - addresses situations where landlord has breached
lease
- to secure payment, the tenant can put a lien on the landlord's nonexempt property in the
tenant's possession and on the rent due landlord under lease
Chapter 91, Section 5 (§91.005) - ANS - applies to subletting
- during the time of the lease, tenant may not rent the leasehold to any other person prior to
landlord's consent
,Chapter 91, Section 6 (§91.006) - ANS - addresses landlord's duty to mitigate
- landlord has duty to mitigate if tenant abandons leased premises in violation of the lease
- a provision of the lease that purports to waive a right or exempt a landlord from liability or duty
under this section is void
- Texas is only one of a few states that have a statute placing responsibility on landlord to
mitigate damages if tenant terminates early
Mitigation - ANS duty of one party to take reasonable measures to minimize the other party's
losses if the party breaches a contract (ex: tenant vacates premises early)
Statute - ANS law dictated by the legislature
- applies to both residential and commercial leaseholds
- applies only to leases entered after September 1, 1997
- does not provide details about extent of landlords duty to mitigate
- parties cannot contract away duty to mitigate
- tenant has the burden of proving landlord did not take measures to mitigate
Common Law - ANS law derived from court decisions
Austin Hill Case - ANS - found landlord did not have responsibility to mitigate
- Texas Supreme Court appeal said landlord DOES have responsibility to mitigate
- common law applies retroactively to all leases
- statute only applies to leases entered after September 1, 1997
- only applies to commercial leases
- lease provisions can give specific actions to mitigate breach
- landlord wants low standard while tenant wants very high standard
Liquidated Damages - ANS - a set amount of damages established by the contracting parties at
the time the contract is entered
- used when parties know actual damages will be difficult to establish
- court will typically uphold liquidated damages if the forecast is reasonable
Chapter 92, Texas Property Code - ANS - applies to relationship between landlords and tenants
in residential tenancies
- nine sub-chapters
- 95 individual sections
Sec. 92.003 (Chapter 92, Sub-Chapter A) Landlord's Agent for Service of Process - ANS -
owners agent information for service process
- If written notice of name and business street address of the company that manages the
dwelling, the management company is the owner's sole agent for service process
- if this does not apply, the owner's management company, on-premise manager, or rent
collector is the owner's authorized agent for service process
, Dwelling - ANS one or more rooms rented for use as a permanent residence under a single
lease to one or more tenants
Landlord - ANS owner, lessor, or sublessor of a dwelling but does not include a manger or agent
of the landlord unless the manager or agent purports to be the owner,lessor, or sublessor in an
oral or written lease
Lease - ANS any written or oral agreement between a landlord and tenant that establishes or
modifies the terms, conditions, rules, or other provision regarding the use and occupancy of a
dwelling
Normal Wear and Tear - ANS deterioration that results from the intended use of a dwelling,
including breakage or malfunction due to age or deteriorated condition, but does not include
deterioration from negligence, carelessness, accident, or abuse
Premises - ANS tenant's rental unit, or 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
Tenant - ANS a person who is authorized by a lease to occupy a dwelling to the exclusion of
others and who is obligated to pay rent
Sec. 92.004
(Chapter 92, Sub-Chapter A) Attorney's Fees - ANS - a party who files a suit in bad faith is liable
to defendant for 1 month's rent plus $100, and for attorney's fees
- a party who prevails may recover court costs and reasonable attorney's fees (does not apply to
damages that relate to or arise from property damage, personal injury, or a criminal act.
Sec. 92.005
(Chapter 92, Sub-Chapter A) Waiver or Expansion of Duties and Remedies - ANS - a landlord's
duty or a tenant's remedy concerning security deposits, security devices, landlord's disclosure of
ownership and management, or utility cutoffs, may not be waived
- landlord's duty of of inspection of smoke alarms may be waived by written agreement
- a landlord and tenant may agree for the tenant to repair or remedy, at landlord's expense, any
conditions covered here
Sec. 92.006 (Chapter 92, Sub-Chapter A) Interruption of Utilities & Sec. 92.0091 Residential
Tenant's Right of Restoration After Unlawful Utility Disconnection - ANS - landlord or landlord's
agent may not interrupt utility service paid by directly to utility company by tenant unless for
repairs, construction or emergency
- outlines remedies due tenant if breached
Sec. 92.0081 (Chapter 92, Sub-Chapter A) Removal of Property and Exclusion of Residential
Tenant & Sec. 92.009 Residential Tenant's Right of Reentry After Unlawful Lockout - ANS - a
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