88R23708 ATP-F
By: Collier, Cole H.B. No. 673
Substitute the following for H.B. No. 673:
By: Cole C.S.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 Subsection (a) 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, except as otherwise provided by this subsection.
If the tenant fails to cure the default on or before the fifth
calendar 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 five calendar days, the landlord
may give notice to vacate. Unless the lease provides otherwise, a
tenant may not cure a default for nonpayment of rent under this
subsection more than one time in any 12-month period.
(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 fifth calendar 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 five
calendar days, the landlord may give notice to vacate.
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.