By: Anchia H.B. No. 2526
A BILL TO BE ENTITLED
AN ACT
relating to the notice required regarding the application of
certain residential rental payments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 92, Property Code, is
amended by adding Section 92.0191 to read as follows:
Sec. 92.0191. APPLICATION OF RENTAL PAYMENT TO OTHER FEES.
(a) Except as stated in subsection (b), a landlord shall apply all
funds received to the rent owed and then to any other charges
lawfully owed to the landlord under the lease unless the tenant
specifies otherwise in a written notice.
(b) If the lease allows a landlord to apply funds received
to nonrent charges first, a landlord is authorized to do so as long
as the landlord has given the tenant a separate written notice with
three days of the receipt of the funds that specifies:
(1) the amount of the funds received;
(2) the amount applied to nonrent charges with a
description of each charge;
(3) the amount applied to rent if applicable; and
(4) the amount of rent or other charges still owed, if
applicable.
(c) A landlord who applies funds received to nonrent charges
first as provided in subsection (b) may not charge the tenant a late
fee for not timely tendering the current month's rent if
(1) the funds were received before the conclusion of
any grace period provided by law or the lease whichever is greater;
and
(2) the amount of the funds received would equal or
exceed the rent currently owed the landlord, excluding all other
charges.
(d) A provision of a lease agreement that attempts to waive
any provision of this section not authorized by this section is
void.
SECTION 2. This Act takes effect September 1, 2009.