Texas House Bill HB4490

Texas 2021 - 87th Regular

Caption

Relating to a landlord's liability to a tenant for a casualty loss to residential rental premises caused by the landlord.

Impact

The implementation of HB 4490 is anticipated to have significant effects on Texas rental law, particularly enhancing the legal recourse available to tenants facing casualty losses. By mandating that landlords either provide alternative accommodations or cover additional rental costs, the bill promotes accountability among landlords, ensuring that tenants' living conditions are promptly addressed even in unfortunate emergencies. This legislation is poised to shift liability expectations and operational practices in the rental market, as landlords may now have to reassess their risk management strategies in response to increased liabilities and requirements.

Summary

House Bill 4490 addresses the responsibilities and liabilities of landlords concerning casualty losses that render residential rental premises uninhabitable due to the landlord's negligence or fault. The bill modifies Section 92.054 of the Texas Property Code, introducing new measures that require landlords to either accommodate tenants in comparable rental properties they own or compensate tenants for the difference in rent if no such properties are available. This change seeks to strengthen tenant protections in scenarios where a residential property becomes unusable due to factors for which the landlord is responsible.

Contention

While the bill has garnered support from tenant advocacy groups who view it as a necessary reform for tenants' rights, there are concerns among some landlords and property management associations about the potential financial burden it may impose. Critics argue that the added responsibilities might discourage investment in rental properties or lead to increased rental rates as landlords account for the costs associated with compliance. Thus, the discussion surrounding HB 4490 encapsulates broader issues of tenant protections versus landlord rights and obligations in the housing market.