| 1 | 1 | | 87R12666 MWC-D |
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| 2 | 2 | | By: J. Johnson of Harris H.B. No. 4104 |
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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 a student's right to vacate and avoid liability under a |
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| 8 | 8 | | residential lease following certain declared disasters. |
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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. Subchapter A, Chapter 92, Property Code, is |
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| 11 | 11 | | amended by adding Section 92.0171 to read as follows: |
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| 12 | 12 | | Sec. 92.0171. STUDENT'S RIGHT TO VACATE AND AVOID LIABILITY |
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| 13 | 13 | | FOLLOWING DECLARED DISASTER. (a) In this section, "institution of |
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| 14 | 14 | | higher education" means an institution of higher education or a |
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| 15 | 15 | | private or independent institution of higher education, as those |
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| 16 | 16 | | terms are defined by Section 61.003, Education Code. |
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| 17 | 17 | | (b) A tenant who is enrolled as a student at an institution |
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| 18 | 18 | | of higher education may terminate the tenant's rights and |
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| 19 | 19 | | obligations under a lease and may vacate the dwelling and avoid |
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| 20 | 20 | | liability for future rent and any other sums due under the lease for |
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| 21 | 21 | | terminating the lease and vacating the dwelling before the end of |
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| 22 | 22 | | the lease term if: |
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| 23 | 23 | | (1) the dwelling and the institution of higher |
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| 24 | 24 | | education at which the student is enrolled are located in an area |
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| 25 | 25 | | for which the governor has declared a state of disaster under |
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| 26 | 26 | | Subchapter B, Chapter 418, Government Code; and |
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| 27 | 27 | | (2) as a result of the declared state of disaster, the |
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| 28 | 28 | | institution of higher education's campus is closed to students for |
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| 29 | 29 | | a period of 30 days or more and the tenant is unable to attend |
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| 30 | 30 | | classes in person. |
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| 31 | 31 | | (c) A tenant may exercise the rights to terminate the lease |
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| 32 | 32 | | under Subsection (b), vacate the dwelling before the end of the |
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| 33 | 33 | | lease term, and avoid liability after the tenant: |
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| 34 | 34 | | (1) notifies the landlord in writing of the tenant's |
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| 35 | 35 | | intent to vacate the dwelling before the end of the lease term; and |
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| 36 | 36 | | (2) provides evidence to the landlord that the tenant |
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| 37 | 37 | | satisfies the requirements of Subsection (b). |
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| 38 | 38 | | (d) This section does not affect the obligations or |
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| 39 | 39 | | liability of the tenant under the lease before the lease is |
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| 40 | 40 | | terminated under this section, including the liability of the |
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| 41 | 41 | | tenant for: |
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| 42 | 42 | | (1) delinquent, unpaid rent; and |
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| 43 | 43 | | (2) damages to the leased premises not caused by |
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| 44 | 44 | | normal wear and tear. |
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| 45 | 45 | | SECTION 2. Section 92.0171, Property Code, as added by this |
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| 46 | 46 | | Act, applies only to a lease agreement entered into or renewed on or |
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| 47 | 47 | | after the effective date of this Act. |
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| 48 | 48 | | SECTION 3. This Act takes effect January 1, 2022. |
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