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1 | 1 | 81R4743 PMO-F | |
2 | 2 | By: Rodriguez H.B. No. 881 | |
3 | 3 | ||
4 | 4 | ||
5 | 5 | A BILL TO BE ENTITLED | |
6 | 6 | AN ACT | |
7 | 7 | relating to a residential tenant's right to rescind a rental | |
8 | 8 | application or lease agreement. | |
9 | 9 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
10 | 10 | SECTION 1. Subchapter A, Chapter 92, Property Code, is | |
11 | 11 | amended by adding Section 92.026 to read as follows: | |
12 | 12 | Sec. 92.026. RIGHT TO RESCIND. (a) A tenant may rescind a | |
13 | 13 | rental application or lease without cause or penalty on or before | |
14 | 14 | the fifth day after the date the landlord provides to the tenant a | |
15 | 15 | key to the premises unless the landlord: | |
16 | 16 | (1) notifies the tenant that the tenant may inspect | |
17 | 17 | the interior of the premises at the time the application is signed | |
18 | 18 | or before the lease is signed; and | |
19 | 19 | (2) allows the tenant to inspect the interior of the | |
20 | 20 | premises before the lease is signed. | |
21 | 21 | (b) A provision of a lease that purports to waive a tenant's | |
22 | 22 | right or to exempt a landlord from liability or duty under this | |
23 | 23 | section is void. | |
24 | 24 | SECTION 2. This Act applies only to a lease agreement | |
25 | 25 | entered into on or after the effective date of this Act. A lease | |
26 | 26 | agreement entered into before the effective date of this Act is | |
27 | 27 | covered by the law in effect at the time the lease agreement was | |
28 | 28 | entered into, and the former law is continued in effect for that | |
29 | 29 | purpose. | |
30 | 30 | SECTION 3. This Act takes effect September 1, 2009. |