81R19884 PMO-D
By: Rodriguez H.B. No. 883
Substitute the following for H.B. No. 883:
By: England C.S.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:
(1) any lawful setoffs, including any amount of a
security deposit eligible for refund under Subchapter C; and
(2) any amounts collected in the landlord's effort to
mitigate damages under Section 91.006.
(b) The damages a landlord may recover under Subsection (a)
are limited to:
(1) the amount of rent required to be paid for the
remainder of the lease term;
(2) late fees owed by the tenant before the
termination;
(3) reasonable fees incurred by the landlord to relet
the property; and
(4) costs to repair the property for any damage to the
property beyond normal wear and tear.
(c) For purposes of Subsection (b)(1), 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.
(d) This section does not limit the rights of a landlord or
tenant under Section 92.104.
(e) 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 January 1, 2010.