Texas Tenant Advisor

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The Texas Tenant Advisor is intended to provide general information regarding Texas residential tenancies only.

Unique facts can render some statements inapplicable to a given situation.

We attempt to provide current information; nonetheless, you are urged to consult an attorney for legal advice and assistance.

§ 92.003. Landlord's Agent for Service of Process

(a) In a lawsuit by a tenant under either a written or oral lease for a dwelling or in a suit to enforce a legal obligation of the owner as landlord of the dwelling, the owner's agent for service of process is determined according to this section.

(b) If written notice of the name and business street address of the company that manages the dwelling has been given to the tenant, the management company is the owner's sole agent for service of process.

(c) If Subsection (b) does not apply, the owner's management company, on-premise manager, or rent collector serving the dwelling is the owner's authorized agent for service of process unless the owner's name and business street address have been furnished in writing to the tenant.

Acts 1983, 68th Leg., p. 3631, ch. 576, § 1, eff. Jan. 1, 1984.

§ 92.004. Harassment

     A party who files or prosecutes a suit under Subchapter B, D, E, or F in bad faith or for purposes of harassment is liable to the defendant for one month's rent plus $100 and for attorney's fees.

Acts 1983, 68th Leg., p. 3631, ch. 576, § 1, eff. Jan. 1, 1984.

§ 92.005. Attorney's Fees

     (a) A party who prevails in a suit brought under this subchapter or Subchapter B, E, or F may recover the party's costs of court and reasonable attorney's fees in relation to work reasonably expended.

     (b) This section does not authorize a recovery of attorney's fees in an action brought under Subchapter E or F for damages that relate to or arise from property damage, personal injury, or a criminal act.

Acts 1983, 68th Leg., p. 3631, ch. 576, § 1, eff. Jan. 1, 1984. Amended by Acts 1993, 73rd Leg., ch. 357, § 2, eff. Sept. 1, 1993. Amended by Acts 1999, 76th Leg., ch. 1439, § 2, eff. Sept. 1, 1999.

§ 92.007. Venue

     Venue for an action under this chapter is governed by Section 15.0115, Civil Practice and Remedies Code.

Acts 1983, 68th Leg., p. 3632, ch. 576, § 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 332, § 1, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 650, § 2, eff. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 48, § 13, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 138, § 9, eff. Aug. 28, 1995.

§ 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, § 1, eff. Jan. 1, 1984.