Texas 2025 - 89th Regular

Texas House Bill HB4305 Compare Versions

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

Old	New	Differences
1	1	89R6003 ATP-F
2	2	By: Gates H.B. No. 4305
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to disclosure of rent and certain fees and charges by a
10	10	landlord.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter A, Chapter 92, Property Code, is
13	13	amended by adding Section 92.0115 to read as follows:
14	14	Sec. 92.0115. DISCLOSURE OF RENT AND CERTAIN FEES AND
15	15	CHARGES. (a) A monthly fixed, recurring fee to be charged by a
16	16	landlord to a tenant during the lease term as a condition of leasing
17	17	a dwelling must be disclosed by the landlord with or alongside the
18	18	rent in a lease quote, a rental application, and any advertisement
19	19	or listing that includes the rental price for the dwelling. For
20	20	purposes of this subsection, a fixed, recurring fee is charged to
21	21	the tenant in the same amount each month and includes valet trash
22	22	fees, insurance fees, pest control fees, Internet fees, cable fees,
23	23	amenity fees, washer and dryer usage fees, and fees for services
24	24	provided by a third party at the direction of the landlord.
25	25	(b) The lease must also state clearly and conspicuously on
26	26	the first page the following fees and charges that the tenant is
27	27	responsible for paying under the lease:
28	28	(1) the monthly rent without any fees described by
29	29	Subsection (a);
30	30	(2) an itemized list of each fee described by
31	31	Subsection (a);
32	32	(3) an itemized list of each fixed or one-time charge
33	33	or fixed fee not included under Subdivision (1) or (2), including
34	34	pet fees and fees for goods, services, or amenities that the tenant
35	35	has opted to receive;
36	36	(4) the security deposit amount or, if the tenant
37	37	opted to pay a fee in lieu of a security deposit under Section
38	38	92.111, the amount of the fee and the disclosure required under
39	39	Section 92.111(b)(2);
40	40	(5) an itemized list of goods, services, or amenities
41	41	with variable charges, including any utilities with variable
42	42	charges;
43	43	(6) an itemized list of charges for any lease
44	44	violation, including holdover fees;
45	45	(7) any late fee charges; and
46	46	(8) any returned check or rejected payment fee.
47	47	(c) Any change to a fee or charge described by Subsection
48	48	(a) or (b) must be agreed to in writing by the landlord and tenant.
49	49	A tenant may not waive this subsection.
50	50	(d) In addition to the disclosures required under
51	51	Subsection (a), a lease quote and a rental application must clearly
52	52	and conspicuously state:
53	53	(1) an itemized list of charges for any optional
54	54	goods, services, or amenities the landlord is offering to the
55	55	tenant in the rental of the unit and information on the tenant's
56	56	right to receive housing even if the tenant does not opt into
57	57	receiving the good, service, or amenity;
58	58	(2) an itemized list of goods, services, or amenities
59	59	with variable charges that the landlord will require the tenant to
60	60	pay during the lease term as a condition of leasing the dwelling;
61	61	(3) an itemized list of utilities for which the tenant
62	62	is responsible, including whether the utility payment is made to
63	63	the landlord or a third party;
64	64	(4) an itemized list of any nonrefundable charges
65	65	assessed by the landlord as part of the application process or
66	66	before the execution of a lease, including application fees, hold
67	67	fees, and processing fees; and
68	68	(5) the security deposit amount and, if the landlord
69	69	offers a tenant the option of paying a fee in lieu of a security
70	70	deposit under Section 92.111, the information required to be in a
71	71	written notice under Section 92.111(b).
72	72	(e) A landlord may not assess a tenant a fee or charge that
73	73	is not disclosed in the lease as required by Subsection (b). A
74	74	landlord who violates this subsection is liable to the tenant for an
75	75	amount equal to the sum of $100, three times the amount of a fee or
76	76	charge assessed in violation of this subsection, and the tenant's
77	77	reasonable attorney's fees.
78	78	(f) A landlord may not file an eviction proceeding against a
79	79	tenant for nonpayment of a fee or charge that is not disclosed in
80	80	the lease as required by Subsection (b).
81	81	(g) A prospective tenant may make a written demand to a
82	82	landlord requesting the return of an application fee, deposits, and
83	83	any other money paid in relation to the rental of a unit if:
84	84	(1) the landlord's rental application for the unit
85	85	does not comply with the disclosure requirements in Subsection (d)
86	86	or the amounts for any fixed fees or charges listed in the lease for
87	87	the unit exceed the amounts listed for those fees or charges in the
88	88	application;
89	89	(2) the prospective tenant makes the written demand
90	90	not later than the 14th business day after the date on which the
91	91	prospective tenant receives the lease for the unit; and
92	92	(3) at the time the prospective tenant makes the
93	93	written demand, the prospective tenant has not signed the lease or
94	94	taken possession of the unit.
95	95	(h) If a prospective tenant makes a written demand in
96	96	accordance with Subsection (g), the landlord shall return all money
97	97	the prospective tenant paid the landlord not later than the fifth
98	98	business day after the date on which the landlord receives the
99	99	written demand. A landlord who violates this subsection is liable
100	100	to the prospective tenant for an amount equal to the sum of $100,
101	101	three times the amount of the fee or charge that was not disclosed
102	102	in accordance with this section, and the prospective tenant's
103	103	reasonable attorney's fees.
104	104	(i) An advertisement or listing made in violation of
105	105	Subsection (a) is a false, misleading, or deceptive act or practice
106	106	under Subchapter E, Chapter 17, Business & Commerce Code, and is
107	107	actionable under that subchapter. A landlord who demonstrates a
108	108	good faith effort to comply with the disclosure requirements may
109	109	present evidence that a violation was unintentional or resulted
110	110	from a clerical error to mitigate penalties.
111	111	(j) This section does not affect or alter a remedy at law or
112	112	in equity otherwise available to a tenant.
113	113	(k) A provision of a lease that purports to waive a right or
114	114	exempt a party from a liability or duty under this section is void.
115	115	SECTION 2. Section 92.0115, Property Code, as added by this
116	116	Act, applies only to a fee or charge under a lease entered into or
117	117	renewed, or to be entered into or renewed, on or after the effective
118	118	date of this Act.
119	119	SECTION 3. This Act takes effect September 1, 2025.