Texas Senate Bill SB1899

Texas 2009 - 81st Regular

Caption

Relating to tenant's remedies regarding governmental determination of substandard housing.

Impact

This bill introduces significant changes to the existing Property Code in Texas, enhancing tenant protections when faced with unsafe or unfit living conditions. It aims to hold landlords accountable for maintaining their properties and provides clear avenues for tenants to seek financial recourse. The law places greater force behind occupancy regulations, mandating landlords to respond swiftly to necessary repairs or face substantial penalties. The overall purpose is to improve housing standards and ensure a safer living environment for tenants throughout the state.

Summary

SB1899 addresses tenant remedies specifically in cases where a governmental body determines that a rented property is substandard. Under this legislation, if a municipality or county cancels a certificate of occupancy due to a landlord's failure to maintain the property, the landlord is obligated to compensate the tenant. This includes full reimbursement of the tenant's security deposit, prorated rental payments made in advance, and actual damages incurred by the tenant, which can encompass moving costs and lost wages. Additionally, the landlord may also face liability for court costs and attorney fees resulting from disputes stemming from the landlord's negligence.

Contention

Although SB1899 is geared towards protecting tenant rights, it may stir some contention among landlords and property managers who may view the bill as imposing excessive financial responsibilities on them. Critics argue that the potential costs associated with tenant claims could deter investments in rental properties. Moreover, there may be concerns about the interpretation of what constitutes 'actual damages' and the processes involved in determining the legitimacy of tenant claims. The bill's implementation might require further clarification to prevent abuse or misunderstandings regarding tenant rights and landlord obligations.