Texas 2025 - 89th Regular

Texas House Bill HB2037

Filed
1/23/25  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

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

Impact

The proposed changes impact the Property Code, specifically regarding how landlords manage repairs requested by tenants. It mandates that repairs initiated by a tenant's notice must be completed by an independent contractor, thereby providing a level of transparency and protection against potential conflicts of interest where tenants might otherwise perform repairs themselves or choose contractors with ties to their personal interests. Additionally, the bill ensures that if landlords fail to act appropriately within a specified timeline, they may be presumed to have acted in bad faith regarding security deposits.

Summary

House Bill 2037 addresses significant updates to laws surrounding landlord-tenant relationships, particularly focusing on the process for repairs and the handling of security deposits. Specifically, the bill stipulates that landlords are not required to return security deposits or provide tenants with an itemized list of damages until tenants supply a written forwarding address. This change aims to clarify landlord responsibilities and tenant rights regarding security deposits and repair notifications.

Contention

While the bill is intended to bolster tenant protection and clarify processes, potential points of contention revolve around who bears the burden of proof in disputes between landlords and tenants. Critics may argue that the requirement for a written forwarding address can place undue pressure on tenants, especially those who move frequently. Concerns about the broad implications for landlords, particularly regarding changes in their responsibilities and increased potential liability if they fail to comply with the amended laws, have also been raised.

Texas Constitutional Statutes Affected

Property Code

  • Chapter 92. Residential Tenancies
    • Section: 0561
    • Section: 107
    • Section: 109
  • Chapter 94. Manufactured Home Tenancies
    • Section: 107
    • Section: 109

Companion Bills

TX SB851

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

Similar Bills

CA AB414

Residential tenancies: return of security.

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.

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 SB851

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

NJ A3328

Establishes certain notice and compensation requirements for residential tenant displaced for purpose of renovation.

NJ A4873

Authorizes residential tenant action in cases of alleged unconscionable rent increase; appropriates $2 million.

ND HB1272

Tenant security deposits.

IN SB0399

Information and disclosures concerning radon.