86R12427 PMO-F
By: Minjarez H.B. No. 69
Substitute the following for H.B. No. 69:
By: Moody C.S.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) A representative of the estate 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
leased premises and avoid liability for future rent and any other
sums due under the lease for terminating the lease and vacating the
leased premises before the end of the lease term if:
(1) the representative provides to the landlord or the
landlord's agent written notice of the termination of the lease
under this section;
(2) the deceased tenant's property is removed from the
leased premises:
(A) in accordance with Section 92.014(c), if the
deceased tenant was the sole occupant of the leased premises; or
(B) by a person lawfully entitled to the deceased
tenant's property, if the deceased tenant was not the sole occupant
of the leased premises; and
(3) the person described by Subdivision (2)(B) signs
an inventory of the removed property, if required by the landlord or
the landlord's agent.
(b) Termination of a lease under this section is effective
on the later of:
(1) the 30th day after the date on which the notice
under Subsection (a) was provided; or
(2) the date on which all of the conditions in
Subsection (a) have been met.
(c) On receipt of the notice provided under Subsection (a),
the landlord shall provide a copy of the written lease agreement to
the person who provided the notice.
(d) This section does not affect the obligations or
liability of the tenant or the tenant's estate under the lease
before the lease is terminated under this section, including the
liability of the tenant or the tenant's estate for:
(1) delinquent, unpaid rent; and
(2) damages to the leased premises not caused by
normal wear and tear.
(e) A landlord or landlord's agent who lawfully permits a
person described by Subsection (a) to enter or facilitates the
person's entry into the leased premises under this section is not
liable for an act or omission that arises in connection with
permitting or facilitating the entry.
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.