Texas 2009 - 81st Regular

Texas House Bill HB2427 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R10266 AJA-F
2	2	By: Deshotel H.B. No. 2427
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the rights and responsibilities of residential tenants.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter A, Chapter 92, Property Code, is
10	10	amended by adding Sections 92.021 through 92.026 to read as
11	11	follows:
12	12	Sec. 92.021. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING
13	13	LOSS OF EMPLOYMENT OR VIOLENT CRIME. (a) A tenant may terminate
14	14	the tenant's rights and obligations under a lease and may vacate the
15	15	dwelling and avoid liability for future rent and any other sums due
16	16	under the lease for terminating the lease and vacating the dwelling
17	17	before the end of the lease term if the tenant complies with
18	18	Subsection (b) or (c).
19	19	(b) A tenant may exercise the rights under Subsection (a) to
20	20	terminate the lease, vacate the dwelling before the end of the lease
21	21	term, and avoid liability beginning on the earliest date on which
22	22	all of the following events have occurred:
23	23	(1) the tenant is terminated, without the fault of the
24	24	tenant, from employment that provided the majority of the income
25	25	for the household;
26	26	(2) the tenant has delivered a notice describing the
27	27	loss of employment and giving contact information for the tenant's
28	28	former employer to enable the landlord to confirm the reason for the
29	29	termination; and
30	30	(3) the tenant has vacated the dwelling.
31	31	(c) A tenant may exercise the rights under Subsection (a) to
32	32	terminate the lease, vacate the dwelling before the end of the lease
33	33	term, and avoid liability beginning on the earliest date on which
34	34	all of the following events have occurred:
35	35	(1) the leased premises were the scene of a violent
36	36	criminal act without the fault of the tenant;
37	37	(2) the tenant has delivered a notice terminating the
38	38	lease with a copy of a report from the police department describing
39	39	the act; and
40	40	(3) the tenant has vacated the dwelling.
41	41	(d) Except as provided by Subsection (f), this section does
42	42	not affect a tenant's liability for delinquent, unpaid rent or
43	43	other sums owed to the landlord before the lease was terminated by
44	44	the tenant under this section.
45	45	(e) A landlord who violates this section is liable to the
46	46	tenant for actual damages, a civil penalty in an amount equal to one
47	47	month's rent plus $500, and reasonable attorney's fees.
48	48	(f) A tenant who terminates a lease under this section is
49	49	released from all liability for any delinquent, unpaid rent owed to
50	50	the landlord by the tenant on the effective date of the lease
51	51	termination if the lease does not contain language substantially
52	52	equivalent to the following:
53	53	"Tenants may have special statutory rights to terminate the
54	54	lease early in certain situations involving loss of employment or
55	55	violent criminal activities occurring on the leased premises
56	56	without the fault of the tenant."
57	57	(g) A tenant's right to terminate a lease before the end of
58	58	the lease term, vacate the dwelling, and avoid liability under this
59	59	section may not be waived by a tenant.
60	60	Sec. 92.022. EARLY TERMINATION OF LEASE BY TENANT WITHOUT
61	61	CAUSE. (a) A tenant who terminates a lease without cause before
62	62	the termination date stated in the lease is liable to the landlord
63	63	for the landlord's damages that result from the tenant's early
64	64	termination of the lease less any lawful setoffs and amounts
65	65	collected in the landlord's effort to mitigate damages under
66	66	Section 91.006.
67	67	(b) A landlord may not collect damages under this section in
68	68	excess of the amount of rent required to be paid for the remainder
69	69	of the lease term.
70	70	(c) For purposes of this section, the rental rate for the
71	71	remainder of the lease term may not exceed the rate the tenant was
72	72	paying before the date the tenant terminated the lease.
73	73	(d) A provision of a lease that purports to waive a tenant's
74	74	right or to exempt a landlord from a liability or duty under this
75	75	section is void.
76	76	Sec. 92.023. NOTICE REGARDING ENTRY TO DWELLING BY
77	77	LANDLORD. (a) Unless there is an emergency, a landlord may enter a
78	78	dwelling only if the entry is authorized in a written lease and the
79	79	landlord has delivered to the tenant, at least 24 hours before the
80	80	entry, a written notice containing the date and time the landlord
81	81	will enter and the purpose for the entry.
82	82	(b) A landlord may enter a dwelling only:
83	83	(1) on the date and at the time contained in the
84	84	written notice required by Subsection (a);
85	85	(2) for a reason listed in a written lease; and
86	86	(3) if the date and time are reasonable.
87	87	(c) For each violation of this section by a landlord, the
88	88	tenant may recover from the landlord a civil penalty in an amount
89	89	equal to one month's rent plus $750, actual damages, court costs,
90	90	and reasonable attorney's fees and obtain injunctive relief.
91	91	(d) A provision of a lease that purports to waive a right or
92	92	to exempt a party from a liability or duty under this section is
93	93	void.
94	94	Sec. 92.024. REPORTING OF DEBT BY LANDLORD TO CONSUMER
95	95	REPORTING AGENCY. (a) A landlord may report rent or other amounts
96	96	past due and owed by a tenant to a consumer reporting agency, as
97	97	defined by Section 20.01, Business & Commerce Code, only if there is
98	98	no controversy concerning the amounts past due and owed.
99	99	(b) In addition to other remedies provided by law, if a
100	100	landlord violates this section, the tenant may:
101	101	(1) recover from the landlord for each violation:
102	102	(A) the greater of:
103	103	(i) three times the tenant's actual
104	104	damages; or
105	105	(ii) a civil penalty of $1,000; and
106	106	(B) court costs and reasonable attorney's fees;
107	107	and
108	108	(2) obtain injunctive relief.
109	109	(c) A provision of a lease that purports to waive a right or
110	110	to exempt a party from a liability or duty under this section is
111	111	void.
112	112	Sec. 92.025. TERMINATION AND EVICTION FOR NONPAYMENT OF
113	113	RENT. A landlord may terminate the lease agreement and evict a
114	114	tenant for nonpayment of rent or other amounts due only if:
115	115	(1) the tenant fails to timely pay rent or other
116	116	amounts due under the lease that in the aggregate equal the amount
117	117	of at least one month's rent;
118	118	(2) the landlord notifies the tenant in writing that:
119	119	(A) the payment is delinquent; and
120	120	(B) the lease will be terminated on a date
121	121	specified in the notice that is not earlier than the seventh day
122	122	after the date the notice is delivered unless the payment is made on
123	123	or before the specified date for termination; and
124	124	(3) the tenant has not tendered the delinquent payment
125	125	in full to the landlord on or before the date specified in the
126	126	notice.
127	127	Sec. 92.026. REIMBURSEMENT OF UTILITIES SERVICES. (a) A
128	128	landlord may use the electrical service of a tenant to accomplish a
129	129	repair of the premises or for other good cause if the tenant
130	130	consents to the use and is reimbursed for the use not later than the
131	131	10th day after the date the use is completed.
132	132	(b) A provision of a lease that purports to waive a right or
133	133	to exempt a party from a liability or duty under this section is
134	134	void.
135	135	SECTION 2. Section 301.021, Property Code, is amended by
136	136	adding Subsection (b-1) to read as follows:
137	137	(b-1) A person may not discriminate against another person
138	138	in the terms, conditions, or privileges of the rental of a dwelling
139	139	or in providing services or facilities in connection with the
140	140	rental of a dwelling because the other person receives a rent
141	141	subsidy or other public assistance from a political subdivision of
142	142	the state or from the state or federal government.
143	143	SECTION 3. Section 1 of this Act applies only to a lease
144	144	agreement entered into on or after the effective date of this Act.
145	145	A lease agreement entered into before the effective date of this Act
146	146	is governed by the law in effect immediately before the effective
147	147	date of this Act, and that law is continued in effect for that
148	148	purpose.
149	149	SECTION 4. This Act takes effect January 1, 2010.