Acts 1983, 68th Leg., p. 3649, ch. (3) by e-mail if the parties have communicated by e-mail regarding the lease. April 1, 2002. (6) No provision of this section shall affect any right of a foreclosing superior lienholder to terminate, according to law, any interest in the premises held by the holders of subordinate liens, encumbrances, leases, or other interests and shall not affect any right of the tenant to terminate the lease according to law. Sept. 1, 1995. (h) A security device required by this section must be operable throughout the time a tenant is in possession of a dwelling. (g) A tenant's right to vacate a dwelling and avoid liability under Section 92.016 or 92.017 may not be waived by a tenant or a landlord, except as provided by those sections. (3) Any one of the following events has occurred: (A) The landlord has failed to remedy the backup or overflow of raw sewage inside the tenant's dwelling or the flooding from broken pipes or natural drainage inside the dwelling. TYPE, BRAND, AND MANNER OF INSTALLATION. Otherwise, this subchapter does not affect any other right of a landlord or tenant under contract, statutory law, or common law that is consistent with the purposes of this subchapter or any right a landlord or tenant may have to bring an action for personal injury or property damage under the law of this state. 650, Sec. (d) If there is more than one tenant on a lease, the landlord is not required under this section to send notices to the primary residence of more than one tenant. If the acknowledgment is not signed, there is a rebuttable presumption that the notice was not made available to the applicant. 92.019. 92.106. This type of ownership is common among unmarried individuals when one contributes . This subsection shall not affect the landlord's duty under Subchapter B to repair or remedy, at the landlord's expense, wastewater stoppages or backups caused by deterioration, breakage, roots, ground conditions, faulty construction, or malfunctioning equipment. STATEMENT OF LATE FEES. 1, eff. 1, eff. 6, eff. 92.158 and amended 2001, 77th Leg., ch. Sept. 1, 1995; Acts 1995, 74th Leg., ch. . (e) Except as provided in Subsection (f), a tenant to whom a landlord is liable under Subsection (b) of this section may: (2) have the condition repaired or remedied according to Section 92.0561; (3) deduct from the tenant's rent, without necessity of judicial action, the cost of the repair or remedy according to Section 92.0561; and. Amended by Acts 1989, 71st Leg., ch. Sec. Jan. 1, 1984. (a) A landlord is liable to a tenant or a governmental body according to this subchapter if: (1) after the tenant or government official or employee makes a request for information under Section 92.201, the landlord does not provide the information; and. Sept. 1, 1993; Acts 1999, 76th Leg., ch. 1276, Sec. Added by Acts 2003, 78th Leg., ch. Unlike most states Texas does not automatically recognize joint tenancies as having a right of survivorship. Acts 1983, 68th Leg., p. 3646, ch. 1205, Sec. January 1, 2016. (3) including the information in a copy of the tenant's lease or in written rules given to the tenant before the tenant requests the information. 576, Sec. Acts 1983, 68th Leg., p. 3639, ch. 650, Sec. Sept. 1, 2003. Jan. 1, 1996. January 1, 2016. The first page of this guide will provide . Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 1186), Sec. We will always provide free access to the current law. (2) a copy of documentation of the family violence against the tenant or an occupant from: (A) a licensed health care services provider who examined the victim; (B) a licensed mental health services provider who examined or evaluated the victim; or. (3) file suit against the landlord and obtain a judgment for: (C) punitive damages if the tenant suffers actual damages and the landlord's failure to comply is intentional, malicious, or grossly negligent; Sec. Tenants in Common. (b) A smoke alarm must be installed on a ceiling or wall. 10, eff. (f) If the tenant decides to pay a fee in lieu of a security deposit and the landlord purchases insurance coverage as described by Subsection (e), an agreement required under Subsection (c) must clearly specify the following terms: (1) the fee is being paid only to secure occupancy without a requirement of paying a security deposit; (2) the fee, unless otherwise specified, is not refundable; (3) payment of the fee, unless otherwise specified, does not eliminate, release, or otherwise limit the requirements of the lease, including that the tenant must pay for: (B) damages for which the tenant is legally liable under the lease, other than normal wear and tear; and. (a) In this section, "occupant" has the meaning assigned by Section 92.016. Jan. 1, 1984. Sept. 1, 1997. 576, Sec. 918, Sec. Court costs may be waived only if the tenant executes a pauper's affidavit. Homes on Lake Conroe, the fourth-largest lake real estate market in Texas. 1, eff. (c) A landlord who violates this section is liable to the tenant for an amount equal to the sum of $100, three times the amount of the late fee collected in violation of this section, and the tenant's reasonable attorney's fees. A landlord may not require a tenant to pay for other repairs or replacements of a security device except as provided by Subsections (b), (c), and (d). 1414), Sec. 869, Sec. 869, Sec. 5, eff. CONDOMINIUMS. If the owners will hold title as tenants in common, the deed should use the phrase "as tenants in common" to designate the form of co-ownership as a tenancy in common. Sept. 1, 1997. APPLICATION OF SUBCHAPTER. TENANT REMEDIES FOR OTHER LANDLORD VIOLATIONS. The Federal Emergency Management Agency (FEMA) maintains a flood map on its Internet website that is searchable by address, at no cost, to determine if a dwelling is located in a flood hazard area. 1, eff. (d) Termination of a lease under this section is effective: (1) in the case of a lease that provides for monthly payment of rent, on the 30th day after the first date on which the next rental payment is due after the date on which the notice under Subsection (c)(1) is delivered; or. Section 511. 512 (H.B. 4, eff. 650, Sec. EMERGENCY PHONE NUMBER. 1, eff. 92.052. A landlord's duty to install a smoke alarm under Subchapter F may not be waived, nor may a tenant waive a remedy for the landlord's noninstallation or waive the tenant's limited right of installation and removal. 1, eff. DEFINITIONS. January 1, 2016. Jan. 1, 1996. June 18, 2005. NOTICE TO TENANT AT PRIMARY RESIDENCE. Sec. (a) At the time an applicant is provided with a rental application, the landlord shall make available to the applicant printed notice of the landlord's tenant selection criteria and the grounds for which the rental application may be denied, including the applicant's: (5) failure to provide accurate or complete information on the application form. Amended by Acts 1995, 74th Leg., ch. 92.155. These co-owners hold an undivided interest and right to possess the property. (4) "Deposited" means deposited in an account of the landlord or the landlord's agent in a bank or other financial institution. (c) Disclosure of information to a tenant may be made under Subdivision (1) or (2) of Subsection (b) before the tenant requests the information. Amended by Acts 1993, 73rd Leg., ch. (e) The landlord has met the duty to inspect and repair if the smoke alarm is in good working order after the landlord tests the smoke alarm with smoke, operates the testing button on the smoke alarm, or follows other recommended test procedures of the manufacturer for the particular model. 92.057(b), (c) and amended by Acts 1995, 74th Leg., ch. Court costs may be waived only if the tenant executes a pauper's affidavit. January 1, 2008. (b) If the landlord does not provide a written explanation for delay in performing a duty to repair or remedy on or before the fifth day after receiving from the tenant a written demand for an explanation, the landlord has the burden of proving that he made a diligent effort to repair and that a reasonable time for repair did not elapse. 4, eff. (3) tested and listed for use as a smoke alarm by Underwriters Laboratories, Inc., Factory Mutual Research Corporation, or United States Testing Company, Inc. (a-1) If requested by a tenant as an accommodation for a person with a hearing-impairment disability or as required by law as a reasonable accommodation for a person with a hearing-impairment disability, a smoke alarm must, in addition to complying with Subsection (a), be capable of alerting a hearing-impaired person in the bedrooms it serves. TERM OF PARKING PERMIT. 4173), Sec. Acts 1983, 68th Leg., p. 3631, ch. Jan. 1, 1984. (i) A landlord may not charge a tenant for normal wear and tear of a dwelling. (m) This section does not affect the rights of a landlord or tenant in a forcible detainer or forcible entry and detainer action. (b) Unless the condition was caused by normal wear and tear, the landlord does not have a duty during the lease term or a renewal or extension to repair or remedy a condition caused by: (2) a lawful occupant in the tenant's dwelling; (3) a member of the tenant's family; or. 12, eff. (a) A tenant's judicial remedies under Section 92.056 shall include: (1) an order directing the landlord to take reasonable action to repair or remedy the condition; (2) an order reducing the tenant's rent, from the date of the first repair notice, in proportion to the reduced rental value resulting from the condition until the condition is repaired or remedied; (3) a judgment against the landlord for a civil penalty of one month's rent plus $500; (4) a judgment against the landlord for the amount of the tenant's actual damages; and. 1, eff. Sec. 1, eff. 5, eff. PRESUMPTION OF REFUND OR ACCOUNTING. Sec. 76, Sec. Owners can hold unequal shares, and they can sell or mortgage their shares independently from other tenants. UNIFORM CONDOMINIUM ACT. (f) If a landlord or a landlord's agent violates this section, the tenant may: (1) either recover possession of the premises or terminate the lease; and. If the justice finds, after considering the evidence at the hearing, that the person has directly or indirectly disobeyed the writ, the justice may commit the person to jail without bail until the person purges himself of the contempt in a manner and form as the justice may direct. (d) The requirements of this section do not apply to a keyed dead bolt or a keyless bolting device in one door of a pair of French doors that is installed in accordance with the requirements of Section 92.153(b)(1) or (2). (f) If a landlord violates this section and a tenant suffers a substantial loss or damage to the tenant's personal property as a result of flooding, the tenant may terminate the lease by giving a written notice of termination to the landlord not later than the 30th day after the date the loss or damage occurred. Sec. 15 (S.B. EFFECT ON OTHER RIGHTS. COMMERCIAL TENANCIES . (2) a servicemember, while in military service, executes the lease and after executing the lease receives military orders: (A) for a permanent change of station; or. LIABILITY FOR LEASING TO PERSON WITH CRIMINAL RECORD. All Rights Reserved. 576, Sec. 3, eff. 91.002 and amended by Acts 1989, 71st Leg., ch. 1, eff. The screw hooks must be at least three inches in length and must be screwed into the door frame stud or wall stud on each side of the door. (2) is liable for the tenant's reasonable attorney's fees in a suit to recover the deposit. Added by Acts 2007, 80th Leg., R.S., Ch. 92.0135. A sliding door pin lock or sliding door security bar required by this subchapter must be installed at a height not higher than: (1) 54 inches from the floor, if installed before September 1, 1993; or. Amended by Acts 2001, 77th Leg., ch. 3, eff. 92.1031. January 1, 2014. Sec. 92.208. 92.151. 92.023. (C) The landlord has expressly or impliedly agreed in the lease to furnish heating or cooling equipment; the equipment is producing inadequate heat or cooled air; and the landlord has been notified in writing by the appropriate local housing, building, or health official or other official having jurisdiction that the lack of heat or cooling materially affects the health or safety of an ordinary tenant. 48, Sec. A landlord who violates this section shall be liable to the tenant for all judicial remedies under Section 92.0563 except that the civil penalty under Subdivision (3) of Subsection (a) of Section 92.0563 shall be one month's rent plus $1,000. 576, Sec. (c-1) If the tenant is a victim or a parent or guardian of a victim of stalking under Section 42.072, Penal Code, that takes place during the preceding six-month period on the premises or at any dwelling on the premises, the tenant shall provide to the landlord or the landlord's agent a copy of: (1) documentation of a protective order issued under Subchapter A or B, Chapter 7B, Code of Criminal Procedure, except for a temporary ex parte order; or. Sept. 1, 2001. This subchapter applies to all residential leases. (h) Repairs made pursuant to the tenant's notice must be made in compliance with applicable building codes, including a building permit when required. Acts 1983, 68th Leg., p. 3630, ch. 165, Sec. (a) This section applies only to a tenant in a multiunit complex, as that term is defined by Section 92.151. (b) The new owner shall deliver to the tenant a signed statement acknowledging that the new owner has acquired the property and is responsible for the tenant's security deposit and specifying the exact dollar amount of the deposit. However, tenants may own unequal shares -- one tenant may own 1/3 of it, for example, and one tenant may own 2/3, which can become relevant in the . This means they each person owns an undivided one-half interest in the property, but there is no automatic right of survivorship. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING CERTAIN SEX OFFENSES OR STALKING. (a) Except as otherwise provided by Subsection (e), a security device operated by a key, card, or combination shall be rekeyed by the landlord at the landlord's expense not later than the seventh day after each tenant turnover date. 92.2611. Sec. (4) a judgment against the landlord for court costs and attorney's fees. 5, eff. Jan. 1, 1996. Acts 1983, 68th Leg., p. 3649, ch. (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. The writ of reentry must notify the landlord of the right to a hearing. 92.104. (f) For the purposes of this section, an owner or property manager may disclose either an actual name or names or an assumed name if an assumed name certificate has been recorded with the county clerk. (a) Except as provided by Section 92.107, the landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises. (d) Disclosure of information to a government official or employee must be made by giving the information in writing to the official or employee on or before the seventh day after the date the landlord receives the request from the official or employee for the information. 92.056. They are: Dwellings that are part of a multi-unit complex in which the majority of tenants are over age 55 or have physical or mental disabilities. 92.016. If neither box is checked, you should assume the dwelling is in a 100-year floodplain. (2) after the tenant moves out the landlord will either immediately demolish the rental unit or no longer use the unit for residential purposes. In this subchapter: (1) "Bedroom" means a room designed with the intent that it be used for sleeping purposes. 92.154. 1420, Sec. Another good online resource for tenants can be found at texaslawhelp.org. CESSATION OF OWNER'S INTEREST. (B) to deploy with a military unit for a period of 90 days or more. (f) Repairs made pursuant to the tenant's notice must be made by a company, contractor, or repairman listed in the yellow or business pages of the telephone directory or in the classified advertising section of a newspaper of the local city, county, or adjacent county at the time of the tenant's notice of intent to repair. 1205, Sec. (q) The landlord may not evict a tenant for failure to pay an electric bill when the landlord has interrupted the tenant's electric service under Subsection (h) unless the tenant fails to pay for the electric service after the electric service has been interrupted for at least two days, not including weekends or state or federal holidays. This report from the Real Estate Center at Texas A&M University explains in everyday language the sections of the Texas Property Code dealing with landlord/tenant law. (k) For purposes of Subsection (j), "significant financial loss of income" means a reduction of 10 percent or more of the tenant's household income caused by the tenant's military service. SUBCHAPTER F. SMOKE ALARMS AND FIRE EXTINGUISHERS. Call us today at 214-382-9789 and talk to a lawyer now about your real estate situation. (e) A landlord may comply with this section by providing to a tenant a complete copy of the lease: (2) in an electronic format if requested by the tenant; or. The Property Code thoroughly addresses most situations which can arise between a landlord and tenant, e.g., a landlord's duty to repair; when and under what circumstances a tenant may resort to self-help in getting repairs; when and under . SECURITY DEVICES REQUESTED BY TENANT. 4, eff. The tenant shall have the burden of pleading and proving a knowing violation. (f) A tenant who terminates a lease under Subsection (b) is released from all liability for any delinquent, unpaid rent owed to the landlord by the tenant on the effective date of the lease termination if the lease does not contain language substantially equivalent to the following: "Tenants may have special statutory rights to terminate the lease early in certain situations involving family violence or a military deployment or transfer.". Sept. 1, 1993. 475, Sec. 48, Sec. 11, eff. Except as otherwise provided by this chapter, in this chapter: (1) "Dwelling" means one or more rooms rented for use as a permanent residence under a single lease to one or more tenants. The duties of a landlord and the remedies of a tenant under this subchapter are in lieu of the common law, other statutory law, and local ordinances relating to the disclosure of ownership and management of a dwelling by a landlord to a tenant. 629 (S.B. GENERAL PROVISIONS. 7, eff. Last accessed. 946), Sec. 9, eff. They may own it equally or in unequal percentages. (2) may not be effective before the 14th day after the date notice of the change is delivered to the tenant, unless the change is the result of a construction or utility emergency. Acts 2007, 80th Leg., R.S., Ch. repair or remedy conditions on the premises that materially affect the physical health or safety of an ordinary tenant of the manufactured home community. PERSONAL PROPERTY AND SECURITY DEPOSIT OF DECEASED TENANT. (f) A keyless bolting device is not required to be installed at the landlord's expense if a tenant or occupant in the dwelling is over 55 years of age or has a physical or mental disability, the tenant requests, in writing, that the landlord deactivate or not install the keyless bolting device, and the tenant certifies in the request that the tenant or occupant is over 55 years of age or has a physical or mental disability. Acts 1983, 68th Leg., p. 3651, ch. Added by Acts 2015, 84th Leg., R.S., Ch. 952, Sec. 31.01(71), eff. 1, eff. REMEDIES. EFFECT ON OTHER LANDLORD DUTIES AND TENANT REMEDIES. CODE 23.001. (a) Not later than the third business day after the date the lease is signed by each party to the lease, a landlord shall provide at least one complete copy of the lease to at least one tenant who is a party to the lease. The 4 bedroom, 2 full bathroom home features 3 walk-in closets, high quality, easy to clean, modern tiles all around (no carpet) along with. Sec. 2, eff. 650, Sec. 1, eff. 92.0131. The reconnection fee must be computed based on the average cost to the landlord for the expenses associated with the reconnection, but may not exceed $10. (e) The notices required by Subsections (b) and (d) must be included in a separate written document given to the tenant at or before execution of the lease. (3) in other locations controlled by the landlord as necessary to: (A) enter or exit the tenant's rental unit; (B) enter or exit the leased premises; or. If the tenants in common are unable to resolve a dispute, state law provides only one remedy, a partition action. Jan. 1, 1996. On request of the tenant, the landlord shall provide the statement to the tenant by any established means regularly used for written communication between the landlord and the tenant. Jan. 1, 1996. (c) A tenant may exercise the rights to terminate the lease under Subsection (b), vacate the dwelling before the end of the lease term, and avoid liability beginning on the date after all of the following events have occurred: (1) a judge signs an order described by Subsection (b-1)(1) if the tenant obtained such an order; (2) the tenant provides a copy of the relevant documentation described by Subsection (b-1)(1) or (2), as applicable, to the landlord; (3) the tenant provides written notice of termination of the lease to the landlord on or before the 30th day before the date the lease terminates; (4) the 30th day after the date the tenant provided notice under Subdivision (3) expires; and. 650, Sec. 593 (S.B. 2404), Sec. Joint property ownership with survivorship rights is still a new concept in Texas. (d) The acknowledgment may be part of the rental application if the notice is underlined or in bold print. 92.018. NOTICE OF ELIGIBILITY REQUIREMENTS. 92.202. 1, eff. (b) A requirement that a tenant give advance notice of surrender as a condition for refunding the security deposit is effective only if the requirement is underlined or is printed in conspicuous bold print in the lease. (b) A customer shall provide written notice of a service disconnection to each tenant or owner at a nonsubmetered master metered multifamily property not later than the fifth day after the date the customer receives a notice of service disconnection from an electric service provider or a gas utility. (b) A landlord may allow an occupancy rate of more than three adult tenants per bedroom: (1) to the extent that the landlord is required by a state or federal fair housing law to allow a higher occupancy rate; or. Sec. (j) If a tenant in bad faith files a sworn complaint for restoration of utility service resulting in a writ being served on the landlord or landlord's agent, the landlord may in a separate cause of action recover from the tenant an amount equal to actual damages, one month's rent or $500, whichever is greater, reasonable attorney's fees, and costs of court, less any sums for which the landlord is liable to the tenant. 576, Sec. (a) If, at the time of signing a lease or lease renewal, a tenant gives written notice to the tenant's landlord that the tenant does not occupy the leased premises as a primary residence and requests in writing that the landlord send notices to the tenant at the tenant's primary residence and provides to the landlord the address of the tenant's primary residence, the landlord shall mail to the tenant's primary residence: (3) all notices of rental increases at the end of the lease term; and. 630), Sec. 1, eff. 92.205. 1, eff. Damage, however, should be covered by the tenant. (d) A tenant may exercise the rights to terminate the lease under Subsection (b), vacate the dwelling before the end of the lease term, and avoid liability beginning on the date after all of the following events have occurred: (1) the tenant provides a copy of the relevant documentation described by Subsection (c) or (c-1) to the landlord; (2) the tenant provides written notice of termination of the lease to the landlord on or before the 30th day before the date the lease terminates; (3) the 30th day after the date the tenant provided notice under Subdivision (2) expires; and. Sec. (b) At a minimum, an inspection under this section must include: (1) checking to ensure the fire extinguisher is present; and. 92.170. (11) "Security device" means a doorknob lock, door viewer, keyed dead bolt, keyless bolting device, sliding door handle latch, sliding door pin lock, sliding door security bar, or window latch in a dwelling. Jan. 1, 1996. (2) an earlier date agreed to by the landlord and the tenant. TENANT REMEDIES. Renumbered from Property Code Sec. 3, eff. Acts 1983, 68th Leg., p. 3639, ch. Amended by Acts 1995, 74th Leg., ch. In this subchapter: (1) "Doorknob lock" means a lock in a doorknob, with the lock operated from the exterior by a key, card, or combination and from the interior without a key, card, or combination. Amended by Acts 1985, 69th Leg., ch. 3, eff. (c) This section does not create a cause of action or expand an existing cause of action. 1, eff. 576, Sec. Sec. It is also regulated by the Texas property code. (b) A landlord is liable to a tenant as provided by this subchapter if: (1) the tenant has given the landlord notice to repair or remedy a condition by giving that notice to the person to whom or to the place where the tenant's rent is normally paid; (2) the condition materially affects the physical health or safety of an ordinary tenant; (3) the tenant has given the landlord a subsequent written notice to repair or remedy the condition after a reasonable time to repair or remedy the condition following the notice given under Subdivision (1) or the tenant has given the notice under Subdivision (1) by sending that notice by certified mail, return receipt requested, by registered mail, or by another form of mail that allows tracking of delivery from the United States Postal Service or a private delivery service; (4) the landlord has had a reasonable time to repair or remedy the condition after the landlord received the tenant's notice under Subdivision (1) and, if applicable, the tenant's subsequent notice under Subdivision (3); (5) the landlord has not made a diligent effort to repair or remedy the condition after the landlord received the tenant's notice under Subdivision (1) and, if applicable, the tenant's notice under Subdivision (3); and. 1099), Sec. 576, Sec. 3, eff. (e) This section does not apply if notice is actually hand delivered to and received by a person occupying the leased premises. Acts 2011, 82nd Leg., R.S., Ch. 1168), Sec. 576, Sec. 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. 650, Sec. 92.333 by Acts 1997, 75th Leg., ch. APPLICATION. (j) A person who receives information under Subsection (c), (c-1), or (d) may not disclose the information to any other person except for a legitimate or customary business purpose or as otherwise required by law. September 1, 2021. TITLE 4. Jan. 1, 1984. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING CERTAIN DECISIONS RELATED TO MILITARY SERVICE. 92.103. Jan. 1, 1984. (b-1) The person who no longer owns an interest in the rental premises is liable for a security deposit received while the person was the owner until the new owner has received the deposit or has assumed the liability for the deposit, unless otherwise specified by the parties in a written contract. (B) the agreement for repairs by the tenant is either underlined or printed in boldface in the lease or in a separate written addendum; (C) the agreement is specific and clear; and. 1, eff. 3101), Sec. (a) A person other than a tenant who guarantees a lease is liable only for the original lease term except that a person may specify that the person agrees to guarantee a renewal of the lease as provided by Subsection (b). (e) If the requirements of Subsection (d) of this section are met, a tenant may: (1) have the condition repaired or remedied immediately following the tenant's notice of intent to repair if the condition involves sewage or flooding as referred to in Paragraph (A) of Subdivision (3) of Subsection (d) of this section; (2) have the condition repaired or remedied if the condition involves a cessation of potable water as referred to in Paragraph (A) of Subdivision (3) of Subsection (d) of this section and if the landlord has failed to repair or remedy the condition within three days following the tenant's delivery of notice of intent to repair; (3) have the condition repaired or remedied if the condition involves inadequate heat or cooled air as referred to in Paragraph (C) of Subdivision (3) of Subsection (d) of this section and if the landlord has failed to repair the condition within three days after delivery of the tenant's notice of intent to repair; or. 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