Texas 2023 - 88th Regular

Texas House Bill HB1049

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to prohibiting a prospective residential landlord from increasing the amount of rent during the rental application process.

Impact

The enactment of HB 1049 will have a significant impact on property law in Texas, specifically addressing the dynamics between landlords and prospective tenants. By placing a legal obligation on landlords to adhere to the rental amount stated in the application, the bill seeks to ensure transparency and protect applicants from potential exploitation. Landlords found in violation of this regulation face financial penalties, which could promote adherence to fair rental practices within the state. This modification in property law would represent a notable shift towards increased tenant protections in Texas.

Summary

House Bill 1049, introduced by Representative Hinojosa, seeks to protect prospective tenants by prohibiting landlords from increasing the rent amount during the rental application process. This legislative move is aimed at providing clarity and fairness within the rental market, ensuring that tenants are not subjected to last-minute rent hikes after they have invested time and effort into the application process. The bill mandates that once a rental application is approved, the landlord must provide a written lease agreement at the originally stated monthly rent, reinforcing the initial terms agreed upon during the application phase.

Sentiment

The general sentiment surrounding HB 1049 appears to be supportive among tenant advocacy groups and individuals concerned with tenant rights. Proponents argue that the bill is a necessary step towards ensuring fair treatment of renters and providing them with more negotiating power in a competitive rental market. However, some concerns have been raised by property owners and real estate associations regarding the implications this could have on rental pricing strategies and market flexibility. The discussion reflects a broader concern about balancing tenant protections with the rights and profitability of landlords.

Contention

Notable points of contention regarding the bill include the potential impact it could have on overall rental market dynamics in Texas. Critics argue that the prohibition against raising rent during the application process could lead landlords to adopt more stringent screening processes for potential tenants, potentially limiting access for some individuals. Furthermore, there are apprehensions regarding the stipulated financial penalties for landlords who violate the law, as some believe this could discourage landlords from renting to applicants altogether. Overall, the debate encapsulates ongoing tensions in housing policy, reflecting diverging priorities between tenant protections and landlord interests.

Texas Constitutional Statutes Affected

Property Code

  • Chapter 92. Residential Tenancies
    • Section: New Section

Companion Bills

No companion bills found.

Previously Filed As

TX HB1184

Relating to prohibiting a prospective residential landlord from increasing the amount of rent during the rental application process.

Similar Bills

No similar bills found.