89R6003 ATP-F
By: Gates H.B. No. 4305
A BILL TO BE ENTITLED
AN ACT
relating to disclosure of rent and certain fees and charges by a
landlord.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 92, Property Code, is
amended by adding Section 92.0115 to read as follows:
Sec. 92.0115. DISCLOSURE OF RENT AND CERTAIN FEES AND
CHARGES. (a) A monthly fixed, recurring fee to be charged by a
landlord to a tenant during the lease term as a condition of leasing
a dwelling must be disclosed by the landlord with or alongside the
rent in a lease quote, a rental application, and any advertisement
or listing that includes the rental price for the dwelling. For
purposes of this subsection, a fixed, recurring fee is charged to
the tenant in the same amount each month and includes valet trash
fees, insurance fees, pest control fees, Internet fees, cable fees,
amenity fees, washer and dryer usage fees, and fees for services
provided by a third party at the direction of the landlord.
(b) The lease must also state clearly and conspicuously on
the first page the following fees and charges that the tenant is
responsible for paying under the lease:
(1) the monthly rent without any fees described by
Subsection (a);
(2) an itemized list of each fee described by
Subsection (a);
(3) an itemized list of each fixed or one-time charge
or fixed fee not included under Subdivision (1) or (2), including
pet fees and fees for goods, services, or amenities that the tenant
has opted to receive;
(4) the security deposit amount or, if the tenant
opted to pay a fee in lieu of a security deposit under Section
92.111, the amount of the fee and the disclosure required under
Section 92.111(b)(2);
(5) an itemized list of goods, services, or amenities
with variable charges, including any utilities with variable
charges;
(6) an itemized list of charges for any lease
violation, including holdover fees;
(7) any late fee charges; and
(8) any returned check or rejected payment fee.
(c) Any change to a fee or charge described by Subsection
(a) or (b) must be agreed to in writing by the landlord and tenant.
A tenant may not waive this subsection.
(d) In addition to the disclosures required under
Subsection (a), a lease quote and a rental application must clearly
and conspicuously state:
(1) an itemized list of charges for any optional
goods, services, or amenities the landlord is offering to the
tenant in the rental of the unit and information on the tenant's
right to receive housing even if the tenant does not opt into
receiving the good, service, or amenity;
(2) an itemized list of goods, services, or amenities
with variable charges that the landlord will require the tenant to
pay during the lease term as a condition of leasing the dwelling;
(3) an itemized list of utilities for which the tenant
is responsible, including whether the utility payment is made to
the landlord or a third party;
(4) an itemized list of any nonrefundable charges
assessed by the landlord as part of the application process or
before the execution of a lease, including application fees, hold
fees, and processing fees; and
(5) the security deposit amount and, if the landlord
offers a tenant the option of paying a fee in lieu of a security
deposit under Section 92.111, the information required to be in a
written notice under Section 92.111(b).
(e) A landlord may not assess a tenant a fee or charge that
is not disclosed in the lease as required by Subsection (b). A
landlord who violates this subsection is liable to the tenant for an
amount equal to the sum of $100, three times the amount of a fee or
charge assessed in violation of this subsection, and the tenant's
reasonable attorney's fees.
(f) A landlord may not file an eviction proceeding against a
tenant for nonpayment of a fee or charge that is not disclosed in
the lease as required by Subsection (b).
(g) A prospective tenant may make a written demand to a
landlord requesting the return of an application fee, deposits, and
any other money paid in relation to the rental of a unit if:
(1) the landlord's rental application for the unit
does not comply with the disclosure requirements in Subsection (d)
or the amounts for any fixed fees or charges listed in the lease for
the unit exceed the amounts listed for those fees or charges in the
application;
(2) the prospective tenant makes the written demand
not later than the 14th business day after the date on which the
prospective tenant receives the lease for the unit; and
(3) at the time the prospective tenant makes the
written demand, the prospective tenant has not signed the lease or
taken possession of the unit.
(h) If a prospective tenant makes a written demand in
accordance with Subsection (g), the landlord shall return all money
the prospective tenant paid the landlord not later than the fifth
business day after the date on which the landlord receives the
written demand. A landlord who violates this subsection is liable
to the prospective tenant for an amount equal to the sum of $100,
three times the amount of the fee or charge that was not disclosed
in accordance with this section, and the prospective tenant's
reasonable attorney's fees.
(i) An advertisement or listing made in violation of
Subsection (a) is a false, misleading, or deceptive act or practice
under Subchapter E, Chapter 17, Business & Commerce Code, and is
actionable under that subchapter. A landlord who demonstrates a
good faith effort to comply with the disclosure requirements may
present evidence that a violation was unintentional or resulted
from a clerical error to mitigate penalties.
(j) This section does not affect or alter a remedy at law or
in equity otherwise available to a tenant.
(k) A provision of a lease that purports to waive a right or
exempt a party from a liability or duty under this section is void.
SECTION 2. Section 92.0115, Property Code, as added by this
Act, applies only to a fee or charge under a lease entered into or
renewed, or to be entered into or renewed, on or after the effective
date of this Act.
SECTION 3. This Act takes effect September 1, 2025.