| 1 | 1 | | 87R5185 MWC-D |
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| 2 | 2 | | By: Hernandez H.B. No. 2801 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to requiring a notice of proposed eviction for residential |
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| 8 | 8 | | and commercial leases after a failure to pay rent. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 24, Property Code, is amended by adding |
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| 11 | 11 | | Section 24.0041 to read as follows: |
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| 12 | 12 | | Sec. 24.0041. NOTICE OF PROPOSED EVICTION. (a) Before a |
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| 13 | 13 | | landlord may give a notice to vacate under Section 24.005 to a |
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| 14 | 14 | | tenant who defaults based on a failure to pay rent, the landlord |
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| 15 | 15 | | must give the tenant a notice of proposed eviction and 30 days to |
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| 16 | 16 | | cure the default after the notice of proposed eviction is |
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| 17 | 17 | | delivered. The notice of proposed eviction must state that: |
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| 18 | 18 | | (1) rent is due and unpaid; |
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| 19 | 19 | | (2) the tenant must pay the delinquent rent and any |
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| 20 | 20 | | current rent due not later than the 30th day after the date the |
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| 21 | 21 | | tenant receives the notice of proposed eviction; and |
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| 22 | 22 | | (3) the landlord may notify the tenant to vacate the |
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| 23 | 23 | | premises and file an eviction suit if the tenant fails to pay the |
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| 24 | 24 | | delinquent and current rent before the end of that period. |
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| 25 | 25 | | (b) A landlord shall deliver a notice of proposed eviction |
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| 26 | 26 | | in the same manner as a notice to vacate is delivered to a tenant |
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| 27 | 27 | | under Section 24.005. |
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| 28 | 28 | | (c) Notwithstanding Subsection (a), a landlord and tenant |
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| 29 | 29 | | may contract for a longer opportunity to cure period for a default |
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| 30 | 30 | | based on failure to pay rent in a written lease or agreement. |
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| 31 | 31 | | SECTION 2. Section 94.206, Property Code, is amended to |
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| 32 | 32 | | read as follows: |
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| 33 | 33 | | Sec. 94.206. TERMINATION AND EVICTION FOR NONPAYMENT OF |
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| 34 | 34 | | RENT. A landlord may terminate the lease agreement and evict a |
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| 35 | 35 | | tenant if: |
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| 36 | 36 | | (1) the tenant fails to timely pay rent or other |
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| 37 | 37 | | amounts due under the lease that in the aggregate equal the amount |
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| 38 | 38 | | of at least one month's rent; |
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| 39 | 39 | | (2) the landlord notifies the tenant in writing that |
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| 40 | 40 | | the payment is delinquent; and |
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| 41 | 41 | | (3) the tenant has not tendered the delinquent payment |
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| 42 | 42 | | and any other amount due in full to the landlord before the 30th |
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| 43 | 43 | | [10th] day after the date the tenant receives the notice. |
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| 44 | 44 | | SECTION 3. The changes in law made by this Act apply only to |
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| 45 | 45 | | a lease entered into or renewed on or after the effective date of |
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| 46 | 46 | | this Act. A lease entered into or renewed before that date is |
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| 47 | 47 | | governed by the law applicable to the lease immediately before the |
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| 48 | 48 | | effective date of this Act, and the former law is continued in |
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| 49 | 49 | | effect for that purpose. |
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| 50 | 50 | | SECTION 4. This Act takes effect September 1, 2021. |
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