81R4744 PMO-F
By: Rodriguez H.B. No. 883
A BILL TO BE ENTITLED
AN ACT
relating to early termination of a residential 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 92.025 to read as follows:
Sec. 92.025. EARLY TERMINATION OF LEASE BY TENANT WITHOUT
CAUSE. (a) A tenant who terminates a lease without cause before
the termination date stated in the lease is liable to the landlord
for the landlord's damages that result from the tenant's early
termination of the lease less any lawful setoffs and amounts
collected in the landlord's effort to mitigate damages under
Section 91.006. A landlord may not collect damages under this
section in excess of the amount of rent required to be paid for the
remainder of the lease term.
(b) For purposes of this section, the rental rate for the
remainder of the lease term may not exceed the rate the tenant was
paying before the date of the tenant's early termination.
(c) A provision of a lease that purports to waive a tenant's
right or to exempt a landlord from a 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.