85R6599 BEE-D
By: West S.B. No. 1202
A BILL TO BE ENTITLED
AN ACT
relating to the rehabilitation, demolition, or change in use of
residential property occupied by a tenant.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 92, Property Code, is
amended by adding Section 92.026 to read as follows:
Sec. 92.026. REHABILITATION, DEMOLITION, OR CHANGE IN USE.
(a) Unless there is a casualty loss making a rental premises
unusable for residential purposes, a landlord may not refuse to
renew a tenant's lease to allow the landlord to rehabilitate, sell
or close for demolition and redevelopment, or change the use of the
rental unit or premises unless the landlord delivers a notice to the
tenant that:
(1) states the date on which the rehabilitation of the
rental unit or premises will begin, the rental unit or premises will
be offered for sale or closed, or the use of the rental unit or
premises will change, as applicable;
(2) informs the tenant that the tenant must relocate
on a specific date, which may not be earlier than the later of:
(A) the 120th day after the date the landlord
delivers the notice;
(B) the day after the last day of the current
school year, if any occupant of the rental unit is a school-age
child and school is in session; or
(C) the 180th day after the date the landlord
delivers the notice to the tenant, if the rental unit is a
single-family house or duplex; and
(3) if the rental unit is a single-family house or
duplex that the landlord intends to sell for demolition and
redevelopment, informs the tenant that the tenant has the right of
first refusal to purchase the property.
(b) A landlord may not:
(1) change the use of the rental unit or premises,
terminate or modify a lease, or require a tenant to relocate under
this section before the expiration of a lease term;
(2) require a tenant to relocate before the applicable
date described by Subsection (a)(2);
(3) refuse to offer the tenant the right of first
refusal to purchase the property, if the rental unit is a
single-family house or duplex that the landlord intends to sell for
demolition and redevelopment; or
(4) intentionally attempt to deter or deter a tenant
from renewing a lease to avoid application of this section by
raising the tenant's rent, depriving the tenant of the use of the
premises, or decreasing services to the tenant.
(c) If a tenant is required to relocate under this section,
the landlord shall promptly return the tenant's security deposit
if:
(1) all fixtures and appliances of the rental unit
remain in the rental unit; and
(2) all property of the tenant is removed from the
premises by the tenant on or before the date the tenant moves out of
the rental unit.
(d) A tenant may recover from a landlord who violates this
section:
(1) actual damages;
(2) injunctive relief;
(3) exemplary damages of $1,000 plus an amount equal
to one month's rent; and
(4) court costs and reasonable attorney's fees.
(e) Notwithstanding Section 41.004(a), Civil Practice and
Remedies Code, a court shall award exemplary damages under
Subsection (d)(3) to a prevailing tenant irrespective of whether
the tenant is awarded actual damages.
(f) To the extent that a local ordinance provides greater
protection to a tenant than is provided by this section, the local
ordinance prevails.
(g) A provision of a lease that purports to waive a right or
exempt a party from liability or a duty under this section is void.
SECTION 2. The changes in law made by this Act apply only to
a lease agreement entered into or renewed on or after the effective
date of this Act. A lease agreement entered into or renewed before
the effective date of this Act is governed by the law as it existed
immediately before the effective date of this Act, and the former
law is continued in effect for that purpose.
SECTION 3. This Act takes effect January 1, 2018.