87R12666 MWC-D
By: J. Johnson of Harris H.B. No. 4104
A BILL TO BE ENTITLED
AN ACT
relating to a student's right to vacate and avoid liability under a
residential lease following certain declared disasters.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 92, Property Code, is
amended by adding Section 92.0171 to read as follows:
Sec. 92.0171. STUDENT'S RIGHT TO VACATE AND AVOID LIABILITY
FOLLOWING DECLARED DISASTER. (a) In this section, "institution of
higher education" means an institution of higher education or a
private or independent institution of higher education, as those
terms are defined by Section 61.003, Education Code.
(b) A tenant who is enrolled as a student at an institution
of higher education may terminate the tenant's rights and
obligations under a lease and may vacate the dwelling and avoid
liability for future rent and any other sums due under the lease for
terminating the lease and vacating the dwelling before the end of
the lease term if:
(1) the dwelling and the institution of higher
education at which the student is enrolled are located in an area
for which the governor has declared a state of disaster under
Subchapter B, Chapter 418, Government Code; and
(2) as a result of the declared state of disaster, the
institution of higher education's campus is closed to students for
a period of 30 days or more and the tenant is unable to attend
classes in person.
(c) A tenant may exercise the rights to terminate the lease
under Subsection (b), vacate the dwelling before the end of the
lease term, and avoid liability after the tenant:
(1) notifies the landlord in writing of the tenant's
intent to vacate the dwelling before the end of the lease term; and
(2) provides evidence to the landlord that the tenant
satisfies the requirements of Subsection (b).
(d) This section does not affect the obligations or
liability of the tenant under the lease before the lease is
terminated under this section, including the liability of the
tenant for:
(1) delinquent, unpaid rent; and
(2) damages to the leased premises not caused by
normal wear and tear.
SECTION 2. Section 92.0171, Property Code, as added by this
Act, applies only to a lease agreement entered into or renewed on or
after the effective date of this Act.
SECTION 3. This Act takes effect January 1, 2022.