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• <br />ORDINANCE NO. ~na~_0 PAGE 2 <br />(b) This section does not authorize a recovery of attorney's fees <br />in an action brought under Subchapter D, E, or F for damages that <br />relate to or arise from property damage, personal injury, or <br />criminal act. <br />~ 92.006. Waiver or Expansion of Duties and Remedies <br />(a) A landlord's duty or a tenant's remedy under Subchapter C, I), <br />or E may not be waived. A landlord's duty to install a smoke <br />detector under Subchapter F may not be waived, nor may a tenant <br />waive a remedy f_or the landlord's noninstallation or waive the <br />tenant's limited right of installation and removal. <br />(b) The landlord's duty of inspection and repair under Subchapter <br />F may be waived only by written agreement. The provisions of Sub- <br />chapter B may be waived only if: <br />(1) the lease is in writing; <br />(2) the waiver is underlined or is in•bold print in the lease <br />or in a separate written addendum; <br />(3) the waiver is specific and clearly lists the duty being <br />waived; and <br />(4) the waiver is made knowingly, voluntarily, and for <br />consideration. <br />(c) The landlord's duties and the tenant's remedies under Subchap- <br />ters D and E, and the landlord's duty concerning installation, <br />inspection, or repair under Subchapter F may be enlarged only by <br />specific written agreement. <br />~ 92.007. Venue <br />Venue for an action under Subchapter D, E, or F is in the county <br />in which the dwelling is located. Venue for an action under <br />Subchapter a is~in the county in which the premises are located. <br />• SUBCHApTEF~ .F. SMOKE p$TECTORS <br />~ 92.251. Definition <br />In this subchapter, "dwelling unit" mean~y a home, mobile home,.. <br />duplex unit,"•ap~xtment unit, condominium unit, o~,any dwelling unit <br />in a multiunit residential structure. It also means a "dwelling" as <br />defined by Section 92.001.. <br />S 92.252, APAlicakiAn of Other Laws Municipal Regulation <br />(a) The duties o~ a landlord anc7 the remedies of a tenant under <br />this subchapter are in lieu of common law, other"statutory law, and <br />local ordinances regarding a residential landlord's duty to insta'L1, <br />inspect, or repair a smoke detector in a dwelling unit. However, <br />this subchapter does not: <br />(1) affect a local ordinance adopted before September 1, 1981, <br />that requires landlords to install smoke detectors in new or <br />remodeled dwelling units before September 1, 1981, if the <br />ordinance conforms with or is amended to conform with this <br />subchapter; <br />(2) limit or prevent adoption or enforcement of a local <br />ordinance relating to fire safety as a part of a building, fire, <br />or housing code, including any requirements relating to the <br />installation of smoke detectors or the type of smoke detectors; or <br />~~ <br /> <br />