Texas 2019 - 86th Regular

Texas House Bill HB3556

Caption

Relating to notice to a prospective residential tenant regarding a dwelling that is located in a floodplain or that has been damaged by flooding.

Impact

The law will significantly alter the relationship between landlords and tenants, particularly in flood-prone areas. By obligating landlords to disclose this crucial information, it aims to protect tenants from unexpected losses due to flooding. If landlords fail to provide this notice and a flood occurs, tenants are granted the right to terminate the lease or retain possession of the premises, thereby affording them a measure of security and recourse in case of misrepresentation or negligence by the landlord.

Summary

House Bill 3556 addresses the necessity for landlords to provide prospective tenants with clear notification if a residential property is situated in a floodplain or has suffered flooding damages within a specified timeframe. The bill mandates that before a lease agreement is finalized, landlords must inform tenants in writing about any known flood risks associated with the property. This provision aims to enhance transparency in real estate transactions and ensure that tenants are aware of potential hazards before committing to a lease.

Sentiment

The sentiment around HB3556 appears to lean towards a protective measure for tenants, garnering support from tenant advocacy groups who argue that better disclosure leads to informed decision-making. However, there may be concerns among landlords regarding the implications this law brings on rental agreements and potential liability, which could generate some contention about how this measure affects the rental market dynamics.

Contention

Notable points of contention around the bill could involve discussions on the responsibilities of landlords versus the rights of tenants. Landlords may argue about the practicality of the notices and the potential for increased liability, while proponents of the bill might emphasize tenant rights and safety. The implementation of such a law also raises questions regarding enforcement and compliance, particularly in areas where flooding risks are historically documented but variably enforced.

Companion Bills

TX SB1815

Same As Relating to notice to a prospective residential tenant regarding a dwelling that is located in a floodplain or that has been damaged by flooding.

Previously Filed As

TX HB3625

Relating to notice requirements for a leased dwelling located in a floodplain.

TX HB2516

Relating to certain rights and duties of residential tenants and landlords.

TX HB1048

Relating to a landlord's notice to residential tenants regarding rent increases.

TX HB1820

Relating to a landlord's right to enter the dwelling of a residential tenant.

TX HB1756

Relating to certain deposits, fees, or charges required to be provided by a tenant or prospective tenant in connection with a residential lease.

TX HB1256

Relating to seller's disclosure notice concerning special districts in which residential real property is located.

TX HB697

Relating to seller's disclosures regarding fuel gas piping in residential real property.

TX HB2260

Relating to a seller's disclosure of the location of certain real property in a floodplain.

TX SB2493

Relating to repairs made pursuant to a tenant's notice of intent to repair and the refund of a tenant's security deposit.

TX HB3405

Relating to repairs made pursuant to a tenant's notice of intent to repair and the refund of a tenant's security deposit.

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