Texas Senate Bill SB1240

Texas 2011 - 82nd Regular

• Out of Senate Committee: 4/14/11
• Introduced: 3/7/11
• Voted on by Senate: 4/28/11
• Refer: 3/16/11
• Out of House Committee: 5/9/11
• Report Pass: 4/14/11
• Engrossed: 4/28/11

Caption

Relating to a tenant's remedies regarding a local government's revocation of a certificate of occupancy due to a landlord's failure to maintain the premises.

Impact

The implications of SB1240 are significant for tenant-landlord relationships in Texas, particularly in the context of housing regulations and safety standards. By holding landlords accountable for maintaining their properties, the bill seeks to mitigate the risks tenants face when living in substandard conditions. Furthermore, it could incentivize landlords to maintain their properties more vigilantly to avoid legal repercussions, thus potentially leading to an overall improvement in housing quality across the state.

Summary

SB1240 aims to enhance tenants' rights in Texas by establishing specific remedies when a municipality or county revokes a certificate of occupancy for a leased property due to the landlord's failure to maintain the premises. The bill outlines that tenants who are not in default under their lease can claim various compensations from the landlord, including the return of their security deposit, pro-rated rental payments, actual damages incurred, as well as court costs and attorney fees. This legislation provides tenants with stronger protections against inadequate property management and potential evictions resulting from local government actions.

Contention

One notable point of contention surrounding SB1240 is the balance between tenant protections and the obligations placed on landlords. While proponents argue that the bill is necessary to protect vulnerable tenants from being unfairly penalized due to their landlords' negligence, opponents may argue that the legislation could impose excessive burdens on landlords, particularly small property owners. These concerns about increased litigation and the potential for landlords to raise rents in response to these additional liabilities could generate significant debate among stakeholders in the housing market.