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