Texas House Bill HB4104

Texas 2021 - 87th Regular

Caption

Relating to a student's right to vacate and avoid liability under a residential lease following certain declared disasters.

Impact

This legislation is intended to provide relief for students faced with the unique challenges of attending school during emergencies. By eliminating the financial burdens associated with lease obligations under certain circumstances, the bill seeks to support students' educational pursuits and provide security during times of crisis. The law would apply to new leases and renewals, promoting a swift response to unforeseen events affecting educational operations.

Summary

House Bill 4104 addresses the rights of students enrolled in higher education institutions in Texas concerning residential leases during declared disasters. Specifically, it allows students to terminate their leases without incurring liability for future rent or related obligations if their residence and educational institution are located in an area affected by a disaster declared by the governor. The bill emphasizes the provision of written notice to landlords and the requirement for evidence confirming the student's eligibility under the specified conditions.

Contention

While the bill aims to protect students, there may be points of contention regarding the financial implications for landlords who could face unanticipated revenue losses. There could also be concerns about the abuse of this provision if students do not adequately justify their reasons for vacating. Furthermore, the bill does not absolve tenants from prior obligations, such as unpaid rent or damages, which ensures that landlords are still afforded some protections.