Texas Senate Bill SB83

Texas 2009 - 81st Regular

• Filed: 11/10/08
• Out of Senate Committee: 3/20/09
• Voted on by Senate: 4/2/09
• Out of House Committee: 4/29/09
• Voted on by House: 4/30/09
• Governor Action: 5/12/09
• Enrolled: 4/30/09
• Passed: 5/12/09

Caption

Relating to a right to vacate and avoid residential lease liability following the occurrence of certain sex offenses or domestic violence; providing a penalty.

Impact

The legislation specifically targets the vulnerabilities faced by tenants who have experienced violent crimes, ensuring that they have the right to vacate their residences without the fear of financial penalty. By enabling victims to document their circumstances effectively and providing a clear path for lease termination, SB83 seeks to enhance tenant protections within state law. The impact of this bill is expected to resonate with advocates for victims' rights, as it not only addresses housing security but also acknowledges the traumatic realities faced by victims of violence.

Summary

SB83 introduces significant legal protections for tenants facing specific situations involving sexual offenses or domestic violence. The bill amends Section 92.016 of the Property Code, allowing tenants to terminate their lease and avoid liability for future rent if they are victims of sexual assault or family violence that occurred on the premises. This is a critical development aimed at providing victims with the necessary support to escape dangerous living situations without the financial burden typically associated with breaking a lease.

Contention

Despite its protective measures, SB83 may face contention regarding its implementation and the burden of proof placed on tenants. Critics may argue that the requirements for documentation, while necessary, can be difficult for victims to procure, potentially deterring them from exercising their rights. Additionally, landlords may raise concerns about the financial implications of allowing tenants to exit lease agreements so readily, which could lead to complications in housing stability and economic strain on property owners. Conversations surrounding these issues are crucial, as striking the right balance between tenant protections and the rights of landlords will be a focal point in legislative discussions.