Texas 2025 - 89th Regular

Texas House Bill HB1711 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R6009 RAL-F
2	2	By: Collier H.B. No. 1711
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to notice and opportunity to cure a tenant's default that
10	10	must be given before filing an eviction suit.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. The heading to Section 24.005, Property Code, is
13	13	amended to read as follows:
14	14	Sec. 24.005. NOTICE TO CURE DEFAULT; NOTICE TO VACATE PRIOR
15	15	TO FILING EVICTION SUIT.
16	16	SECTION 2. Section 24.005, Property Code, is amended by
17	17	amending Subsection (a) and adding Subsections (a-1) and (a-2) to
18	18	read as follows:
19	19	(a) Subject to Subsections (a-1) and (a-2), if [If] the
20	20	occupant is a tenant under a written lease or oral rental agreement,
21	21	the landlord must give a tenant who defaults or holds over beyond
22	22	the end of the rental term or renewal period at least three days'
23	23	written notice to vacate the premises before the landlord files a
24	24	forcible detainer suit[, unless the parties have contracted for a
25	25	shorter or longer notice period in a written lease or agreement]. A
26	26	landlord who files a forcible detainer suit on grounds that the
27	27	tenant is holding over beyond the end of the rental term or renewal
28	28	period must also comply with the tenancy termination requirements
29	29	of Section 91.001.
30	30	(a-1) The landlord must give a residential tenant who
31	31	defaults for nonpayment of rent written notice demanding payment of
32	32	delinquent rent and an opportunity to cure the default by paying the
33	33	delinquent rent, except as otherwise provided by this subsection.
34	34	If the tenant fails to cure the default on or before the fifth
35	35	calendar day after the date written notice is delivered under this
36	36	subsection, the landlord may issue the notice to vacate under
37	37	Subsection (a). The written notice under this subsection must be
38	38	given in accordance with Subsection (f) or (f-1) and must state that
39	39	if the default is not cured within five calendar days, the landlord
40	40	may give notice to vacate. Unless the lease provides otherwise, a
41	41	tenant may not cure a default for nonpayment of rent under this
42	42	subsection more than one time in any 12-month period.
43	43	(a-2) The landlord must give a residential tenant who
44	44	defaults for a reason other than nonpayment of rent written notice
45	45	specifying the default and an opportunity to cure the default, if
46	46	the reason for the default can be cured. If the tenant fails to cure
47	47	the default on or before the fifth calendar day after the date
48	48	written notice is delivered under this subsection, the landlord may
49	49	issue the notice to vacate under Subsection (a). The written notice
50	50	under this subsection must be given in accordance with Subsection
51	51	(f) or (f-1) and must state that if the default is not cured within
52	52	five calendar days, the landlord may give notice to vacate.
53	53	SECTION 3. The changes in law made by this Act to Section
54	54	24.005, Property Code, apply only to a notice to vacate given on or
55	55	after the effective date of this Act. A notice to vacate given
56	56	before the effective date of this Act is governed by the law as it
57	57	existed immediately before the effective date of this Act, and that
58	58	law is continued in effect for that purpose.
59	59	SECTION 4. This Act takes effect September 1, 2025.