84R30100 LEH-F
By: West S.B. No. 1367
(Anchia, Oliveira)
Substitute the following for S.B. No. 1367: No.
A BILL TO BE ENTITLED
AN ACT
relating to certain obligations of and limitations on landlords.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 24.005, Property Code, is amended by
amending Subsection (f) and adding Subsections (f-1) and (f-2) to
read as follows:
(f) Except as provided by Subsection (f-1), the [The] notice
to vacate shall be given in person or by mail at the premises in
question. Notice in person may be by personal delivery to the tenant
or any person residing at the premises who is 16 years of age or
older or personal delivery to the premises and affixing the notice
to the inside of the main entry door. Notice by mail may be by
regular mail, by registered mail, or by certified mail, return
receipt requested, to the premises in question. [If the dwelling
has no mailbox and has a keyless bolting device, alarm system, or
dangerous animal that prevents the landlord from entering the
premises to leave the notice to vacate on the inside of the main
entry door, the landlord may securely affix the notice on the
outside of the main entry door.]
(f-1) As an alternative to the procedures of Subsection (f),
a landlord may deliver the notice to vacate by securely affixing to
the outside of the main entry door a sealed envelope that contains
the notice and on which is written the tenant's name, address, and
in all capital letters, the words "IMPORTANT DOCUMENT" or
substantially similar language and, not later than 5 p.m. of the
same day, depositing in the mail in the same county in which the
premises in question is located a copy of the notice to the tenant
if:
(1) the premises has no mailbox and has a keyless
bolting device, alarm system, or dangerous animal that prevents the
landlord from entering the premises to affix the notice to vacate to
the inside of the main entry door; or
(2) the landlord reasonably believes that harm to any
person would result from personal delivery to the tenant or a person
residing at the premises or from personal delivery to the premises
by affixing the notice to the inside of the main entry door.
(f-2) Notice to vacate under Subsection (f-1) is considered
delivered on the date the envelope is affixed to the outside of the
door and is deposited in the mail, regardless of the date the notice
is received.
SECTION 2. Section 54.046, Property Code, is amended to
read as follows:
Sec. 54.046. VIOLATION BY LANDLORD. If a landlord or the
landlord's agent wilfully violates this subchapter, the tenant is
entitled to:
(1) actual damages, return of any property seized that
has not been sold, return of the proceeds of any sale of seized
property, and the sum of one month's rent and $1,000 [or $500,
whichever is greater], less any amount for which the tenant is
liable; and
(2) reasonable attorney's fees.
SECTION 3. Section 92.006, Property Code, is amended by
adding Subsection (h) to read as follows:
(h) A tenant's right to a jury trial in an action brought
under this chapter may not be waived in a lease or other written
agreement.
SECTION 4. Section 92.056(b), Property Code, is amended to
read as follows:
(b) A landlord is liable to a tenant as provided by this
subchapter if:
(1) the tenant has given the landlord notice to repair
or remedy a condition by giving that notice to the person to whom or
to the place where the tenant's rent is normally paid;
(2) the condition materially affects the physical
health or safety of an ordinary tenant;
(3) the tenant has given the landlord a subsequent
written notice to repair or remedy the condition after a reasonable
time to repair or remedy the condition following the notice given
under Subdivision (1) or the tenant has given the notice under
Subdivision (1) by sending that notice by certified mail, return
receipt requested, [or] by registered mail, or by another form of
mail that allows tracking of delivery from the United States Postal
Service or a private delivery service;
(4) the landlord has had a reasonable time to repair or
remedy the condition after the landlord received the tenant's
notice under Subdivision (1) and, if applicable, the tenant's
subsequent notice under Subdivision (3);
(5) the landlord has not made a diligent effort to
repair or remedy the condition after the landlord received the
tenant's notice under Subdivision (1) and, if applicable, the
tenant's notice under Subdivision (3); and
(6) the tenant was not delinquent in the payment of
rent at the time any notice required by this subsection was given.
SECTION 5. Section 92.105, Property Code, is amended by
amending Subsections (a) and (b) and adding Subsection (b-1) to
read as follows:
(a) If the owner's interest in the premises is terminated by
sale, assignment, death, appointment of a receiver, bankruptcy, or
otherwise, the new owner is liable for the return of security
deposits according to this subchapter from the date title to the
premises is acquired [, regardless of whether notice is given to the
tenant under Subsection (b) of this section].
(b) The [person who no longer owns an interest in the rental
premises remains liable for a security deposit received while the
person was the owner until the] new owner shall deliver [delivers]
to the tenant a signed statement acknowledging that the new owner
has acquired the property [received] and is responsible for the
tenant's security deposit and specifying the exact dollar amount of
the deposit.
(b-1) The person who no longer owns an interest in the
rental premises is liable for a security deposit received while the
person was the owner until the new owner has received the deposit or
has assumed the liability for the deposit, unless otherwise
specified by the parties in a written contract.
SECTION 6. Subchapter C, Chapter 92, Property Code, is
amended by adding Section 92.110 to read as follows:
Sec. 92.110. LEASE WITHOUT SECURITY DEPOSIT; REQUIRED
NOTICE. (a) If a security deposit was not required by a
residential lease and the tenant is liable for damages and charges
on surrender of the premises, the landlord shall notify the tenant
in writing of the landlord's claim for damages and charges on or
before the date the landlord reports the claim to a consumer
reporting agency or third-party debt collector.
(b) A landlord is not required to provide the notice under
Subsection (a) if the tenant has not given the landlord the tenant's
forwarding address as provided by Section 92.107.
(c) If a landlord does not provide the tenant the notice as
required by this section, the landlord forfeits the right to
collect damages and charges from the tenant. Forfeiture of the
right to collect damages and charges from the tenant is the
exclusive remedy for the failure to provide the proper notice to the
tenant.
SECTION 7. Section 92.157(a), Property Code, is amended to
read as follows:
(a) At a tenant's request made at any time, a landlord, at
the tenant's expense, shall install:
(1) a keyed dead bolt on an exterior door if the door
has:
(A) a doorknob lock but not a keyed dead bolt; or
(B) a keyless bolting device but not a keyed dead
bolt or doorknob lock; and
(2) a sliding door handle latch [pin lock] or sliding
door security bar if the door is an exterior sliding glass door
without a sliding door handle latch [pin lock] or sliding door
security bar.
SECTION 8. Section 92.1641, Property Code, is amended to
read as follows:
Sec. 92.1641. LANDLORD'S DEFENSES RELATING TO INSTALLING OR
REKEYING CERTAIN SECURITY DEVICES. The landlord has a defense to
liability under Section 92.164 if:
(1) the tenant has not fully paid all rent then due
from the tenant on the date the tenant gives a request under
[Subsection (a) of] Section 92.157(c) [92.157] or the notice
required by Section 92.164; or
(2) on the date the tenant terminates the lease or
files suit the tenant has not fully paid costs requested by the
landlord and authorized by Section 92.162.
SECTION 9. The changes in law made by this Act apply only to
a residential lease agreement entered into on or after the
effective date of this Act. A residential lease agreement entered
into before the effective date of this Act is governed by the law
applicable to the agreement immediately before that date, and the
former law is continued in effect for that purpose.
SECTION 10. This Act takes effect January 1, 2016.