Texas 2017 - 85th Regular

Texas House Bill HB1821

Filed
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to a late fee for failing to pay rent under a residential lease.

Impact

The bill's passage would result in more stringent regulations around late fees in residential leases, thereby providing greater protection for tenants against excessive fees. It emphasizes transparency, requiring landlords to specify potential late fees within lease documents. Existing tenants who have entered leases prior to the bill's enactment would continue to be governed by the regulations in place before this change, thus respecting previous agreements.

Summary

House Bill 1821 proposes amendments to the Property Code regarding late fees that landlords can impose for unpaid rent. Specifically, the bill stipulates that landlords may charge an initial late fee and a daily fee for up to 15 days of continued non-payment. However, before a late fee can be charged, the landlord must include notice of the fee in the lease agreement, and the initial fee must not exceed eight percent of one month's rent, with subsequent daily fees capped at one percent. This change is aimed at clarifying the conditions under which late fees can be assessed and ensuring they are reasonable.

Sentiment

The sentiment expressed in discussions surrounding HB1821 appears largely supportive among tenant rights advocates who see it as a necessary measure to prevent landlords from imposing unfair financial penalties. However, there may be reservations among landlords regarding potential restrictions on revenue collection for late payments. Consequently, the bill highlights the ongoing debate between tenant protections and landlord rights within residential property management.

Contention

One notable point of contention associated with HB1821 is the definition of what constitutes a 'reasonable' late fee in practice. Landlords may argue that the limits imposed by this legislation could adversely affect their ability to manage cash flow in property operations. In contrast, tenant advocates insist that such regulations are essential to curtail exploitative practices and to offer tenants stability and predictability in their rental agreements.

Companion Bills

TX SB921

Identical Relating to a late fee for failing to pay rent under a residential lease.

Previously Filed As

TX HB2516

Relating to certain rights and duties of residential tenants and landlords.

TX HB1173

Relating to a tenant's right to terminate a residential lease following certain outages of essential utilities.

TX HB1756

Relating to certain deposits, fees, or charges required to be provided by a tenant or prospective tenant in connection with a residential lease.

TX HB1523

Relating to the establishment of a program administered by the Texas Department of Housing and Community Affairs and certain county housing authorities to incentivize landlords to accept tenants participating in the housing choice voucher program.

TX HB1048

Relating to a landlord's notice to residential tenants regarding rent increases.

TX HB2968

Relating to the interruption of utility service by a residential landlord.

TX HB1268

Relating to a landlord's liability to a tenant for a casualty loss to residential rental premises caused by the landlord.

TX SB974

Relating to prohibiting the requirement of cable or Internet service in certain residential leases.

TX HB178

Relating to verification of identity and employment authorization in connection with certain contracts for or concerning the conveyance of residential real property and residential leases.

TX HB2367

Relating to the regulation of residential amenity rentals by a political subdivision; authorizing a fee; authorizing a civil penalty.

Similar Bills

No similar bills found.