By: Bonnen H.B. No. 3551
A BILL TO BE ENTITLED
AN ACT
relating to the notice to vacate the premises in forcible entry and
detainer actions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 24.005, Property Code, is amended by
amending Subsection (b) and adding Subsections (b-1) and (b-2) to
read as follows:
(b) Except as provided in Subsection (b-1), if [If] the
occupant is a tenant at will or by sufferance, the landlord must
give the tenant at least three days' written notice to vacate before
the landlord files a forcible detainer suit unless the parties have
contracted for a shorter or longer notice period in a written lease
or agreement.
(b-1) If the property is the residence of the occupant, and
the occupant was an owner of the property prior to a foreclosure
sale of the property, the purchaser must give the occupant at least
14 days' written notice to vacate. If the property [a building] is
purchased at a [tax foreclosure sale or a trustee's] foreclosure
sale under a lien superior to a [the] tenant's lease and the tenant
timely pays rent and is not otherwise in default under the tenant's
lease after foreclosure, the purchaser must give a residential
tenant of the property [building] at least 90 [30] days' written
notice to vacate if the purchaser chooses not to continue or renew
the lease. The tenant is considered to timely pay the rent owed for
the month of the foreclosure sale under this subsection if, during
the month of the foreclosure sale, the tenant pays the rent for that
month to the landlord [before receiving any notice that a
foreclosure sale is scheduled during the month] or pays the rent for
that month to [the foreclosing lienholder or] the purchaser at
foreclosure not later than the fifth day after the date of receipt
of a written notice of the name and address of the purchaser that
requests a payment. Before a foreclosure sale, a foreclosing
lienholder may give written notice to a tenant stating that a
foreclosure notice has been given to the landlord or owner of the
property and specifying the date of the possible foreclosure, and
may provide a warning that the removal of fixtures or the
intentional damage of the property could subject the party to
criminal prosecution.
(b-2) A notice to vacate given to an occupant or tenant
pursuant to Subsection (b-1) must state:
(1) the date the property was purchased at a
foreclosure sale;
(2) the name of the owner of the property, and the
contact information for the owner or the owner's agent;
(3) the date that the owner demands the occupant or
tenant vacate the property; and
(4) a statement in underlined or bold print that if a
person was leasing the property prior to the foreclosure, the new
owner of the property may be required to honor any lease still
remaining on the property in some circumstances, otherwise the new
owner is entitled to elect to terminate or fail to renew the lease
and give the tenant a 90-day notice to vacate, and the failure to
vacate the premises by the time stated in the notice may result in
an eviction suit being filed against all occupants.
SECTION 2. Section 24.005, Property Code, is amended by
adding Subsection (j) to read as follows:
(j) The notice to vacate must contain the following or
substantially similar language:
A LANDLORD IS REQUIRED TO GIVE A TENANT WRITTEN NOTICE TO
VACATE UNDER CHAPTER 24, TEXAS PROPERTY CODE, BEFORE THE LANDLORD
MAY FILE A LAWSUIT TO EVICT THE TENANT IN JUSTICE COURT.
A PERSON WHO INTENTIONALLY OR KNOWINGLY DAMAGES OR DESTROYS
THE PROPERTY THAT IS THE SUBJECT OF THIS NOTICE TO VACATE MAY BE
COMMITTING A CRIME AND MAY BE SUBJECT TO A FINE, IMPRISONMENT, OR
BOTH A FINE AND IMPRISONMENT. IF A CRIME IS COMMITTED, DEPENDING ON
THE AMOUNT OF LOSS INCURRED BY THE OWNER OF THE PROPERTY, THE CRIME
MAY BE A MISDEMEANOR OR A FELONY.
SECTION 3. This Act applies only to a notice to vacate the
premises in a forcible entry and detainer action that is given on or
after the effective date of this Act, without regard to whether the
action commenced before, on, or after that date.
SECTION 4. This Act takes effect January 1, 2010.