H.B. No. 69
A
N 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 and was, at the
time of the tenant's death, the sole occupant of a rental dwelling
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 in accordance with Section 92.014(c) or (d); and
(3) the representative 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) After 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 on written request
of that person.
(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 January 1, 2020.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 69 was passed by the House on April
25, 2019, by the following vote: Yeas 116, Nays 12, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 69 was passed by the Senate on May 22,
2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor