| 1 | 1 | | 88R23708 ATP-F |
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| 2 | 2 | | By: Collier, Cole H.B. No. 673 |
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| 3 | 3 | | Substitute the following for H.B. No. 673: |
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| 4 | 4 | | By: Cole C.S.H.B. No. 673 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to notice and opportunity to cure that must be given before |
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| 10 | 10 | | filing an eviction suit. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. The heading to Section 24.005, Property Code, is |
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| 13 | 13 | | amended to read as follows: |
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| 14 | 14 | | Sec. 24.005. NOTICE TO CURE DEFAULT; NOTICE TO VACATE PRIOR |
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| 15 | 15 | | TO FILING EVICTION SUIT. |
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| 16 | 16 | | SECTION 2. Section 24.005, Property Code, is amended by |
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| 17 | 17 | | amending Subsection (a) and adding Subsections (a-1) and (a-2) to |
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| 18 | 18 | | read as follows: |
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| 19 | 19 | | (a) Subject to Subsections (a-1) and (a-2), if [If] the |
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| 20 | 20 | | occupant is a tenant under a written lease or oral rental agreement, |
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| 21 | 21 | | the landlord must give a tenant who defaults or holds over beyond |
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| 22 | 22 | | the end of the rental term or renewal period at least three days' |
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| 23 | 23 | | written notice to vacate the premises before the landlord files a |
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| 24 | 24 | | forcible detainer suit[, unless the parties have contracted for a |
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| 25 | 25 | | shorter or longer notice period in a written lease or agreement]. A |
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| 26 | 26 | | landlord who files a forcible detainer suit on grounds that the |
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| 27 | 27 | | tenant is holding over beyond the end of the rental term or renewal |
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| 28 | 28 | | period must also comply with the tenancy termination requirements |
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| 29 | 29 | | of Section 91.001. |
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| 30 | 30 | | (a-1) The landlord must give a residential tenant who |
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| 31 | 31 | | defaults for nonpayment of rent written notice demanding payment of |
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| 32 | 32 | | delinquent rent and an opportunity to cure the default by paying the |
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| 33 | 33 | | delinquent rent, except as otherwise provided by this subsection. |
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| 34 | 34 | | If the tenant fails to cure the default on or before the fifth |
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| 35 | 35 | | calendar day after the delivery of the written notice under this |
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| 36 | 36 | | subsection, the landlord may issue the notice to vacate under |
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| 37 | 37 | | Subsection (a). The written notice under this subsection must be |
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| 38 | 38 | | given in accordance with Subsection (f) or (f-1) and must state that |
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| 39 | 39 | | if the default is not cured within five calendar days, the landlord |
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| 40 | 40 | | may give notice to vacate. Unless the lease provides otherwise, a |
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| 41 | 41 | | tenant may not cure a default for nonpayment of rent under this |
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| 42 | 42 | | subsection more than one time in any 12-month period. |
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| 43 | 43 | | (a-2) The landlord must give a residential tenant who |
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| 44 | 44 | | defaults for a reason other than nonpayment of rent written notice |
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| 45 | 45 | | specifying the default and an opportunity to cure the default, if |
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| 46 | 46 | | the reason for the default can be cured. If the tenant fails to cure |
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| 47 | 47 | | the default on or before the fifth calendar day after the delivery |
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| 48 | 48 | | of the written notice under this subsection, the landlord may issue |
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| 49 | 49 | | the notice to vacate under Subsection (a). The written notice under |
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| 50 | 50 | | this subsection must be given in accordance with Subsection (f) or |
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| 51 | 51 | | (f-1) and must state that if the default is not cured within five |
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| 52 | 52 | | calendar days, the landlord may give notice to vacate. |
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| 53 | 53 | | SECTION 3. The changes in law made by this Act to Section |
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| 54 | 54 | | 24.005, Property Code, apply only to a notice to vacate given on or |
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| 55 | 55 | | after the effective date of this Act. A notice to vacate given |
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| 56 | 56 | | before the effective date of this Act is governed by the law as it |
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| 57 | 57 | | existed immediately before the effective date of this Act, and that |
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| 58 | 58 | | law is continued in effect for that purpose. |
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| 59 | 59 | | SECTION 4. This Act takes effect September 1, 2023. |
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