Texas Senate Bill SB1815

Texas 2019 - 86th Regular

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

If enacted, SB1815 will modify the Texas Property Code by adding a new section that imposes obligations on landlords concerning floodplain disclosures. Tenants affected by undisclosed flood conditions may pursue remedies, including termination of the lease and recovery of damages, attorney's fees, and court costs. This shift in regulation is significant, as it provides a legal framework for accountability, mandating that landlords disclose vital information that can affect a tenant's decision to lease a property.

Summary

SB1815 introduces a requirement for landlords to inform prospective tenants about properties located in floodplains or those that have suffered from flooding in the past four years. The legislation aims to provide increased transparency and protect tenants from potential risks associated with renting properties that might be vulnerable to flood damage. The bill specifies that landlords must deliver written notice to tenants regarding the flood status of the property before any lease agreement is signed, ensuring that tenants are equipped with essential information pertinent to their living conditions.

Contention

The discussion surrounding SB1815 highlights the balancing act between landlord interests and tenant protections. While the bill is aimed at protecting tenants, concerns have been raised about the potential increase in leasing costs for landlords, who may face greater liabilities and the associated costs of compliance. Opponents of the bill could argue that stringent disclosure requirements may discourage some landlords from renting out properties altogether or lead to higher rents as landlords seek to mitigate their risks. The discourse suggests differing priorities among stakeholders, with tenants seeking protections and landlords advocating for a less burdensome regulatory environment.