(a) A landlord has a defense to liability under Section 92.165 if on the date the tenant terminates the lease or files suit the tenant has not fully paid costs requested by the landlord and authorized by this subchapter.
(b) A management company or managing agent who is not the owner of a dwelling and who has not purported to be the owner in the lease has a defense to liability under Sections 92.164 and 92.165 if before the date the tenant is in possession of the dwelling or the date of the tenant’s request for installation, repair, replacement, change, or rekeying and before any property damage or personal injury to the tenant, the management company or managing agent:
(1) did not have funds of the dwelling owner in its possession or control with which to comply with this subchapter;
(2) made written request to the dwelling owner that the owner fund and allow installation, repair, change, replacement, or rekeying of security devices as required under this subchapter and mailed the request, certified mail return receipt requested, to the dwelling owner; and
(3) not later than the third day after the date of receipt of the tenant’s request, provided the tenant with a written notice:
(A) stating that the management company or managing agent has taken the actions in Subdivisions (1) and (2);
(B) stating that the owner has not provided or will not provide the necessary funds; and
(C) explaining the remedies available to the tenant for the landlord’s failure to comply.
Terms Used In Texas Property Code 92.167
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Property: means real and personal property. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005