87R8326 MWC-D
By: Lopez H.B. No. 2617
A BILL TO BE ENTITLED
AN ACT
relating to the rights of a residential tenant and duties of a
landlord regarding a security deposit provided by the tenant.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 92.104, Property Code, is amended by
adding Subsection (d) to read as follows:
(d) At the request of a tenant, a landlord who is required to
give the tenant a written description and itemized list of
deductions under Subsection (c) shall give the tenant receipts for
expenditures by the landlord to support the deductions, including
receipts for materials and labor.
SECTION 2. Subchapter C, Chapter 92, Property Code, is
amended by adding Section 92.1042 to read as follows:
Sec. 92.1042. DEDUCTIONS EXCEEDING SECURITY DEPOSIT;
REQUIRED NOTICE. (a) If a landlord determines that permissible
deductions and charges under Section 92.104 exceed the amount of
the security deposit, the landlord shall notify the tenant in
writing of the landlord's claim for damages and charges described
by Section 92.104(a) not later than the 60th day before the date the
landlord reports the claim for nonpayment to a consumer reporting
agency or third-party debt collector. Notice to the tenant under
this subsection must include the identity of any consumer reporting
agency, third-party debt collector, or other person to which the
landlord intends to report the claim.
(b) A landlord is not required to provide the notice under
Subsection (a) if the tenant has not given the landlord a written
statement of the tenant's forwarding address for the purpose
specified by Section 92.107.
(c) If a landlord does not provide the tenant the notice as
required by this section, the landlord:
(1) forfeits the right to withhold any portion of the
security deposit or to bring suit against the tenant for damages to
the premises; and
(2) is liable for the tenant's reasonable attorney's
fees in a suit to recover the deposit.
SECTION 3. Section 92.109(b), Property Code, is amended to
read as follows:
(b) A landlord who in bad faith does not provide a written
description and itemized list of damages and charges under Section
92.104(c) or receipts related to the charges, if requested by the
tenant under Section 92.104(d), in violation of this subchapter:
(1) forfeits the right to withhold any portion of the
security deposit or to bring suit against the tenant for damages to
the premises; and
(2) is liable for the tenant's reasonable attorney's
fees in a suit to recover the deposit.
SECTION 4. Subchapter C, Chapter 92, Property Code, is
amended by adding Section 92.1091 to read as follows:
Sec. 92.1091. REQUIRED PROVISION REGARDING LANDLORD
LIABILITY. If a lease includes a provision requiring the tenant to
pay a security deposit, the lease must include a provision that
states the substance of Section 92.109.
SECTION 5. The changes in law made by this Act apply only to
a lease entered into or renewed on or after the effective date of
this Act. A lease entered into or renewed before the effective date
of this Act is governed by the law in effect immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
SECTION 6. This Act takes effect September 1, 2021.