81R10266 AJA-F
By: Deshotel H.B. No. 2427
A BILL TO BE ENTITLED
AN ACT
relating to the rights and responsibilities of residential tenants.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 92, Property Code, is
amended by adding Sections 92.021 through 92.026 to read as
follows:
Sec. 92.021. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING
LOSS OF EMPLOYMENT OR VIOLENT CRIME. (a) A tenant may terminate
the tenant's rights and obligations under a lease and may vacate the
dwelling and avoid liability for future rent and any other sums due
under the lease for terminating the lease and vacating the dwelling
before the end of the lease term if the tenant complies with
Subsection (b) or (c).
(b) A tenant may exercise the rights under Subsection (a) to
terminate the lease, vacate the dwelling before the end of the lease
term, and avoid liability beginning on the earliest date on which
all of the following events have occurred:
(1) the tenant is terminated, without the fault of the
tenant, from employment that provided the majority of the income
for the household;
(2) the tenant has delivered a notice describing the
loss of employment and giving contact information for the tenant's
former employer to enable the landlord to confirm the reason for the
termination; and
(3) the tenant has vacated the dwelling.
(c) A tenant may exercise the rights under Subsection (a) to
terminate the lease, vacate the dwelling before the end of the lease
term, and avoid liability beginning on the earliest date on which
all of the following events have occurred:
(1) the leased premises were the scene of a violent
criminal act without the fault of the tenant;
(2) the tenant has delivered a notice terminating the
lease with a copy of a report from the police department describing
the act; and
(3) the tenant has vacated the dwelling.
(d) Except as provided by Subsection (f), this section does
not affect a tenant's liability for delinquent, unpaid rent or
other sums owed to the landlord before the lease was terminated by
the tenant under this section.
(e) A landlord who violates this section is liable to the
tenant for actual damages, a civil penalty in an amount equal to one
month's rent plus $500, and reasonable attorney's fees.
(f) A tenant who terminates a lease under this section is
released from all liability for any delinquent, unpaid rent owed to
the landlord by the tenant on the effective date of the lease
termination if the lease does not contain language substantially
equivalent to the following:
"Tenants may have special statutory rights to terminate the
lease early in certain situations involving loss of employment or
violent criminal activities occurring on the leased premises
without the fault of the tenant."
(g) A tenant's right to terminate a lease before the end of
the lease term, vacate the dwelling, and avoid liability under this
section may not be waived by a tenant.
Sec. 92.022. EARLY TERMINATION OF LEASE BY TENANT WITHOUT
CAUSE. (a) A tenant who terminates a lease without cause before
the termination date stated in the lease is liable to the landlord
for the landlord's damages that result from the tenant's early
termination of the lease less any lawful setoffs and amounts
collected in the landlord's effort to mitigate damages under
Section 91.006.
(b) A landlord may not collect damages under this section in
excess of the amount of rent required to be paid for the remainder
of the lease term.
(c) For purposes of this section, the rental rate for the
remainder of the lease term may not exceed the rate the tenant was
paying before the date the tenant terminated the lease.
(d) A provision of a lease that purports to waive a tenant's
right or to exempt a landlord from a liability or duty under this
section is void.
Sec. 92.023. NOTICE REGARDING ENTRY TO DWELLING BY
LANDLORD. (a) Unless there is an emergency, a landlord may enter a
dwelling only if the entry is authorized in a written lease and the
landlord has delivered to the tenant, at least 24 hours before the
entry, a written notice containing the date and time the landlord
will enter and the purpose for the entry.
(b) A landlord may enter a dwelling only:
(1) on the date and at the time contained in the
written notice required by Subsection (a);
(2) for a reason listed in a written lease; and
(3) if the date and time are reasonable.
(c) For each violation of this section by a landlord, the
tenant may recover from the landlord a civil penalty in an amount
equal to one month's rent plus $750, actual damages, court costs,
and reasonable attorney's fees and obtain injunctive relief.
(d) A provision of a lease that purports to waive a right or
to exempt a party from a liability or duty under this section is
void.
Sec. 92.024. REPORTING OF DEBT BY LANDLORD TO CONSUMER
REPORTING AGENCY. (a) A landlord may report rent or other amounts
past due and owed by a tenant to a consumer reporting agency, as
defined by Section 20.01, Business & Commerce Code, only if there is
no controversy concerning the amounts past due and owed.
(b) In addition to other remedies provided by law, if a
landlord violates this section, the tenant may:
(1) recover from the landlord for each violation:
(A) the greater of:
(i) three times the tenant's actual
damages; or
(ii) a civil penalty of $1,000; and
(B) court costs and reasonable attorney's fees;
and
(2) obtain injunctive relief.
(c) A provision of a lease that purports to waive a right or
to exempt a party from a liability or duty under this section is
void.
Sec. 92.025. TERMINATION AND EVICTION FOR NONPAYMENT OF
RENT. A landlord may terminate the lease agreement and evict a
tenant for nonpayment of rent or other amounts due only if:
(1) the tenant fails to timely pay rent or other
amounts due under the lease that in the aggregate equal the amount
of at least one month's rent;
(2) the landlord notifies the tenant in writing that:
(A) the payment is delinquent; and
(B) the lease will be terminated on a date
specified in the notice that is not earlier than the seventh day
after the date the notice is delivered unless the payment is made on
or before the specified date for termination; and
(3) the tenant has not tendered the delinquent payment
in full to the landlord on or before the date specified in the
notice.
Sec. 92.026. REIMBURSEMENT OF UTILITIES SERVICES. (a) A
landlord may use the electrical service of a tenant to accomplish a
repair of the premises or for other good cause if the tenant
consents to the use and is reimbursed for the use not later than the
10th day after the date the use is completed.
(b) A provision of a lease that purports to waive a right or
to exempt a party from a liability or duty under this section is
void.
SECTION 2. Section 301.021, Property Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) A person may not discriminate against another person
in the terms, conditions, or privileges of the rental of a dwelling
or in providing services or facilities in connection with the
rental of a dwelling because the other person receives a rent
subsidy or other public assistance from a political subdivision of
the state or from the state or federal government.
SECTION 3. Section 1 of this Act applies only to a lease
agreement entered into on or after the effective date of this Act.
A lease agreement entered into before the effective date of this Act
is governed by the law in effect immediately before the effective
date of this Act, and that law is continued in effect for that
purpose.
SECTION 4. This Act takes effect January 1, 2010.