86R2564 PMO-F
By: Minjarez H.B. No. 69
A BILL TO BE ENTITLED
AN ACT
relating to the right to vacate and avoid liability under a
residential lease after a tenant's death.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 92, Property Code, is
amended by adding Section 92.0162 to read as follows:
Sec. 92.0162. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING
TENANT'S DEATH. (a) The estate or a family member of a tenant who
dies before the expiration of the tenant's lease may terminate the
tenant's rights and obligations under the lease and may vacate the
dwelling and avoid liability for future rent and any other sums due
under the lease for terminating the lease and vacating the dwelling
before the end of the lease term after the estate or the family
member of the deceased tenant complies with Subsection (b).
(b) The estate or a family member of the deceased tenant
exercising the rights under Subsection (a) must:
(1) provide to the landlord timely notice:
(A) informing the landlord of the tenant's death;
and
(B) identifying the representative of the estate
or family member of the deceased tenant acting as authorized under
this section;
(2) remove the deceased tenant's property and
otherwise vacate the premises on or before the next date on which
rent would be due under the lease; and
(3) otherwise comply with the terms of the lease,
including:
(A) paying delinquent rent payments and other
delinquent amounts due under the lease; and
(B) repairing any damage to the premises unless
the condition was caused by normal wear and tear.
(c) On receipt of the notice provided under Subsection (b),
the landlord shall provide a copy of the written lease agreement to
the person identified in the notice.
(d) If the representative of the tenant's estate or the
tenant's family member fails to vacate the premises or to otherwise
comply with the lease agreement as provided by Subsection (b), the
tenant's estate:
(1) is liable for rent payments for any period during
which the premises remain occupied; and
(2) may be subject to any other penalty imposed by the
lease.
(e) A landlord may not impose any penalty, including an
early move-out or reletting charge, for the sole reason that the
lease was terminated because of a tenant's death. A lease provision
that imposes a penalty under the circumstances described by this
subsection is void.
SECTION 2. Section 92.0162, Property Code, as added by this
Act, applies only to a lease agreement entered into on or after the
effective date of this Act. A lease agreement entered into before
the effective date of this Act is governed by the law in effect at
the time the lease agreement was entered into, and the former law is
continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2019.