81R2303 UM-D
By: Solomons H.B. No. 690
A BILL TO BE ENTITLED
AN ACT
relating to the right of a tenant to hold a landlord liable for
falsely advertised square footage or amenities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 92, Property Code, is
amended by adding Section 92.021 to read as follows:
Sec. 92.021. LIABILITY OF LANDLORD FOR FALSE, MISLEADING,
OR DECEPTIVE REPRESENTATIONS OF SQUARE FOOTAGE OR AMENITY. (a) A
landlord who represents that a dwelling has a particular square
footage or amenity when the dwelling does not have the square
footage or amenity is liable to a tenant as provided by this
section.
(b) If a landlord is liable to a tenant under this section,
the tenant may:
(1) request that the landlord:
(A) move the tenant to a dwelling with the square
footage or amenity as represented by the landlord; or
(B) reduce the amount of the tenant's rent to
reflect the difference between the square footage and amenities
represented by the landlord and the actual square footage and
amenities; or
(2) terminate the lease and recover from the landlord
an amount equal to the amount the tenant incurs in locating and
moving to another dwelling.
(c) This section does not limit any remedy the tenant may
have against the landlord for false, misleading, or deceptive acts
or practices under Subchapter E, Chapter 17, Business & Commerce
Code.
SECTION 2. This Act applies only to a lease that is first
entered into on or after the effective date of this Act. A lease
entered into or renewed before the effective date of this Act is
governed by the law that applied to the lease immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
SECTION 3. This Act takes effect September 1, 2009.