Texas House Bill HB2801

Texas 2021 - 87th Regular

Caption

Relating to requiring a notice of proposed eviction for residential and commercial leases after a failure to pay rent.

Impact

The proposed legislation aims to amend existing eviction laws, thereby altering the process that landlords must follow to evict tenants for failure to pay rent. By necessitating a notice of proposed eviction, the bill seeks to create a more structured and consumer-friendly approach to eviction, which may prevent abrupt displacements due to financial hardships. The requirement for a 30-day cure period is expected to benefit tenants, granting them time to negotiate or find financial resources to address their overdue rent in a more manageable way.

Summary

House Bill 2801 introduces a significant alteration to the Property Code concerning eviction processes for residential and commercial leases. This bill mandates that before a landlord issues a notice to vacate due to non-payment of rent, they must first provide a 'notice of proposed eviction.' This notice gives tenants 30 days to remedy their rent default by paying not only the overdue rent but also any current rent due. The bill aims to provide tenants with a fairer opportunity to address financial issues before facing eviction.

Contention

While the bill is positioned to protect tenants, it may encounter opposition from landlords who could argue that the extended cure period could lead to increased financial losses. Landlords may feel that giving a grace period without a similar obligation to safeguard their own financial interests could complicate their business operations. Hence, discussions around HB2801 may reveal a conflict between tenant protections and landlords' rights to maintain their properties and financial viability.