| 1 | 1 | | By: Bonnen H.B. No. 3551 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the notice to vacate the premises in forcible entry and |
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| 7 | 7 | | detainer actions. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 24.005, Property Code, is amended by |
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| 10 | 10 | | amending Subsection (b) and adding Subsections (b-1) and (b-2) to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (b) Except as provided in Subsection (b-1), if [If] the |
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| 13 | 13 | | occupant is a tenant at will or by sufferance, the landlord must |
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| 14 | 14 | | give the tenant at least three days' written notice to vacate before |
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| 15 | 15 | | the landlord files a forcible detainer suit unless the parties have |
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| 16 | 16 | | contracted for a shorter or longer notice period in a written lease |
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| 17 | 17 | | or agreement. |
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| 18 | 18 | | (b-1) If the property is the residence of the occupant, and |
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| 19 | 19 | | the occupant was an owner of the property prior to a foreclosure |
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| 20 | 20 | | sale of the property, the purchaser must give the occupant at least |
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| 21 | 21 | | 14 days' written notice to vacate. If the property [a building] is |
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| 22 | 22 | | purchased at a [tax foreclosure sale or a trustee's] foreclosure |
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| 23 | 23 | | sale under a lien superior to a [the] tenant's lease and the tenant |
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| 24 | 24 | | timely pays rent and is not otherwise in default under the tenant's |
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| 25 | 25 | | lease after foreclosure, the purchaser must give a residential |
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| 26 | 26 | | tenant of the property [building] at least 90 [30] days' written |
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| 27 | 27 | | notice to vacate if the purchaser chooses not to continue or renew |
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| 28 | 28 | | the lease. The tenant is considered to timely pay the rent owed for |
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| 29 | 29 | | the month of the foreclosure sale under this subsection if, during |
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| 30 | 30 | | the month of the foreclosure sale, the tenant pays the rent for that |
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| 31 | 31 | | month to the landlord [before receiving any notice that a |
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| 32 | 32 | | foreclosure sale is scheduled during the month] or pays the rent for |
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| 33 | 33 | | that month to [the foreclosing lienholder or] the purchaser at |
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| 34 | 34 | | foreclosure not later than the fifth day after the date of receipt |
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| 35 | 35 | | of a written notice of the name and address of the purchaser that |
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| 36 | 36 | | requests a payment. Before a foreclosure sale, a foreclosing |
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| 37 | 37 | | lienholder may give written notice to a tenant stating that a |
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| 38 | 38 | | foreclosure notice has been given to the landlord or owner of the |
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| 39 | 39 | | property and specifying the date of the possible foreclosure, and |
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| 40 | 40 | | may provide a warning that the removal of fixtures or the |
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| 41 | 41 | | intentional damage of the property could subject the party to |
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| 42 | 42 | | criminal prosecution. |
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| 43 | 43 | | (b-2) A notice to vacate given to an occupant or tenant |
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| 44 | 44 | | pursuant to Subsection (b-1) must state: |
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| 45 | 45 | | (1) the date the property was purchased at a |
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| 46 | 46 | | foreclosure sale; |
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| 47 | 47 | | (2) the name of the owner of the property, and the |
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| 48 | 48 | | contact information for the owner or the owner's agent; |
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| 49 | 49 | | (3) the date that the owner demands the occupant or |
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| 50 | 50 | | tenant vacate the property; and |
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| 51 | 51 | | (4) a statement in underlined or bold print that if a |
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| 52 | 52 | | person was leasing the property prior to the foreclosure, the new |
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| 53 | 53 | | owner of the property may be required to honor any lease still |
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| 54 | 54 | | remaining on the property in some circumstances, otherwise the new |
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| 55 | 55 | | owner is entitled to elect to terminate or fail to renew the lease |
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| 56 | 56 | | and give the tenant a 90-day notice to vacate, and the failure to |
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| 57 | 57 | | vacate the premises by the time stated in the notice may result in |
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| 58 | 58 | | an eviction suit being filed against all occupants. |
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| 59 | 59 | | SECTION 2. Section 24.005, Property Code, is amended by |
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| 60 | 60 | | adding Subsection (j) to read as follows: |
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| 61 | 61 | | (j) The notice to vacate must contain the following or |
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| 62 | 62 | | substantially similar language: |
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| 63 | 63 | | A LANDLORD IS REQUIRED TO GIVE A TENANT WRITTEN NOTICE TO |
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| 64 | 64 | | VACATE UNDER CHAPTER 24, TEXAS PROPERTY CODE, BEFORE THE LANDLORD |
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| 65 | 65 | | MAY FILE A LAWSUIT TO EVICT THE TENANT IN JUSTICE COURT. |
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| 66 | 66 | | A PERSON WHO INTENTIONALLY OR KNOWINGLY DAMAGES OR DESTROYS |
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| 67 | 67 | | THE PROPERTY THAT IS THE SUBJECT OF THIS NOTICE TO VACATE MAY BE |
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| 68 | 68 | | COMMITTING A CRIME AND MAY BE SUBJECT TO A FINE, IMPRISONMENT, OR |
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| 69 | 69 | | BOTH A FINE AND IMPRISONMENT. IF A CRIME IS COMMITTED, DEPENDING ON |
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| 70 | 70 | | THE AMOUNT OF LOSS INCURRED BY THE OWNER OF THE PROPERTY, THE CRIME |
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| 71 | 71 | | MAY BE A MISDEMEANOR OR A FELONY. |
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| 72 | 72 | | SECTION 3. This Act applies only to a notice to vacate the |
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| 73 | 73 | | premises in a forcible entry and detainer action that is given on or |
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| 74 | 74 | | after the effective date of this Act, without regard to whether the |
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| 75 | 75 | | action commenced before, on, or after that date. |
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| 76 | 76 | | SECTION 4. This Act takes effect January 1, 2010. |
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