Texas 2009 - 81st Regular

Texas House Bill HB534

Filed
 
Out of House Committee
4/21/09  
Voted on by House
5/17/09  
Out of Senate Committee
5/22/09  
Voted on by Senate
5/27/09  
Governor Action
6/19/09  
Bill Becomes Law
 
Enrolled
5/29/09  

Caption

Relating to the liability of certain guarantors under a residential lease.

Impact

The implications of this bill could have a significant impact on leasing practices throughout Texas. By limiting a guarantor's liability to the original lease term, the legislation aims to provide clear protections to individuals who agree to cosign leases. This change is anticipated to improve the decision-making process for potential guarantors, likely making them more willing to support individuals in securing housing arrangements without the fear of indefinite financial obligations should lease agreements be renewed.

Summary

House Bill 534 is proposed legislation in Texas that addresses the liability of certain individuals who cosign or guarantee residential lease agreements. The bill proposes an amendment to Subchapter A of Chapter 92 of the Property Code, specifically adding a new section that clarifies the extent of liability for guarantors who are not named tenants. The fundamental change introduced by the bill states that such guarantors are liable only for the duration of the original lease term. Consequently, any contractual provisions that seek to extend the liability of a guarantor beyond this initial period are rendered void.

Contention

While the bill appears to simplify and clarify existing laws around lease guarantees, there may be contention surrounding its implementation. Stakeholders in the real estate and rental market may have differing views on such regulations. Property owners and landlords might argue that the limitation of guarantor liability could decrease the security associated with leasing practices, potentially leading to increased risks in tenant defaults. On the other hand, advocates for tenants may support the bill for promoting fairness and limiting excessive liabilities on those supporting tenants in need of housing.

Companion Bills

No companion bills found.

Previously Filed As

TX HB2516

Relating to certain rights and duties of residential tenants and landlords.

TX HB2022

Relating to residential construction liability.

TX SB873

Relating to residential construction liability.

TX HB1173

Relating to a tenant's right to terminate a residential lease following certain outages of essential utilities.

TX HB4218

Relating to liability related to a duty to retrofit certain rented or leased motor vehicles with safety devices.

TX HB1268

Relating to a landlord's liability to a tenant for a casualty loss to residential rental premises caused by the landlord.

TX SB974

Relating to prohibiting the requirement of cable or Internet service in certain residential leases.

TX HB1756

Relating to certain deposits, fees, or charges required to be provided by a tenant or prospective tenant in connection with a residential lease.

TX HB178

Relating to verification of identity and employment authorization in connection with certain contracts for or concerning the conveyance of residential real property and residential leases.

TX HB2518

Relating to required lease terms for public property leased to a nongovernmental entity; creating a criminal offense.

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