Texas 2019 - 86th Regular

Texas House Bill HB2457

Caption

Relating to certain obligations of and limitations on landlords regarding residential tenants' rental payments, late fees, and security deposits.

Impact

In addition to the allocation of rental payments, the bill imposes restrictions on landlords related to late fees. Specifically, landlords can only charge late fees that are included in a written lease and must meet certain conditions, such as being based on a reasonable estimate of the damages incurred due to the late payment. Furthermore, landlords are required to maintain a record of any assessed late fees, which must be made available for tenant inspection. This provision seeks to ensure transparency and accountability in the landlord-tenant relationship.

Summary

House Bill 2457 aims to establish clear guidelines regarding the obligations and limitations of landlords in relation to residential tenants' rental payments, late fees, and security deposits. The bill amends the Texas Property Code to emphasize that any payment made by a tenant must be allocated first to unpaid rent before being applied to other fees or charges. This provision is designed to protect tenants from the potential misallocation of payments made to landlords.

Contention

The changes proposed by HB 2457 are likely to evoke discussions around the balance of power between landlords and tenants. Supporters argue that the bill protects tenants from undue financial burdens and encourages fair treatment from landlords. Critics may contend, however, that strict limitations on late fees could disincentivize landlords from renting to tenants perceived as high-risk, thus potentially reducing housing availability in certain markets. Overall, the bill reflects ongoing efforts to reform landlord-tenant laws in Texas.

Effective_date

If passed, the provisions of HB 2457 would apply only to leases entered into or renewed on or after the specified effective date, thus allowing existing agreements to remain governed by prior regulations. This transition period may mitigate some concerns about abrupt changes affecting current rental agreements.

Companion Bills

No companion bills found.

Previously Filed As

TX HB2516

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

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 HB1048

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

TX HB1166

Relating to pet deposits or fees collected by landlords.

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 HB1690

Relating to a residential landlord's duty regarding the provision of certain information.

TX SB2493

Relating to repairs made pursuant to a tenant's notice of intent to repair and the refund of a tenant's security deposit.

TX HB3405

Relating to repairs made pursuant to a tenant's notice of intent to repair and the refund of a tenant's security deposit.

TX HB1268

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

TX HB2968

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

Similar Bills

CA AB2219

Landlord-tenant: 3rd-party payments.

CA AB878

Victims of abuse or violence: reasonable accommodations.

CA AB2493

Tenancy: application screening fee.

CA AB414

Residential tenancies: return of security.

CA AB12

Tenancy: security deposits.

CA AB2801

Tenancy: security deposits.

CA AB2785

Tenancy: applications and security deposits.