88R3192 ATP-F
By: Collier H.B. No. 673
A BILL TO BE ENTITLED
AN ACT
relating to notice and opportunity to cure that must be given before
filing an eviction suit.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 24.005, Property Code, is
amended to read as follows:
Sec. 24.005. NOTICE TO CURE DEFAULT; NOTICE TO VACATE PRIOR
TO FILING EVICTION SUIT.
SECTION 2. Section 24.005, Property Code, is amended by
amending Subsections (a) and (f) and adding Subsections (a-1) and
(a-2) to read as follows:
(a) Subject to Subsections (a-1) and (a-2), if [If] the
occupant is a tenant under a written lease or oral rental agreement,
the landlord must give a tenant who defaults or holds over beyond
the end of the rental term or renewal period at least three days'
written notice to vacate the premises before the landlord files a
forcible detainer suit[, unless the parties have contracted for a
shorter or longer notice period in a written lease or agreement]. A
landlord who files a forcible detainer suit on grounds that the
tenant is holding over beyond the end of the rental term or renewal
period must also comply with the tenancy termination requirements
of Section 91.001.
(a-1) The landlord must give a residential tenant who
defaults for nonpayment of rent written notice demanding payment of
delinquent rent and an opportunity to cure the default by paying the
delinquent rent. If the tenant fails to cure the default on or
before the seventh day after the delivery of the written notice
under this subsection, the landlord may issue the notice to vacate
under Subsection (a). The written notice under this subsection
must be given in accordance with Subsection (f) or (f-1) and must
state that if the default is not cured within seven days, the
landlord may give notice to vacate.
(a-2) The landlord must give a residential tenant who
defaults for a reason other than nonpayment of rent written notice
specifying the default and an opportunity to cure the default, if
the reason for the default can be cured. If the tenant fails to cure
the default on or before the seventh day after the delivery of the
written notice under this subsection, the landlord may issue the
notice to vacate under Subsection (a). The written notice under
this subsection must be given in accordance with Subsection (f) or
(f-1) and must state that if the default is not cured within seven
days, the landlord may give notice to vacate.
(f) Except as provided by Subsection (f-1), the notice to
vacate shall be given in person or by mail at the premises in
question. Notice in person may be by personal delivery to the
tenant or any person residing at the premises who is 16 years of age
or older or personal delivery to the premises and affixing the
notice to the inside of the main entry door. Notice by mail must
[may] be by [regular mail, by registered mail, or by] certified
mail, return receipt requested, to the premises in question.
SECTION 3. The changes in law made by this Act to Section
24.005, Property Code, apply only to a notice to vacate given on or
after the effective date of this Act. A notice to vacate given
before the effective date of this Act is governed by the law as it
existed immediately before the effective date of this Act, and that
law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2023.