Texas House Bill HB534

Texas 2009 - 81st Regular

• 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
• Enrolled: 5/29/09
• Passed: 6/19/09

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.