89R2479 CS-D
By: Bucy H.B. No. 577
A BILL TO BE ENTITLED
AN ACT
relating to the notice period for certain evictions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 24.005, Property Code, is amended by
amending Subsections (a) and (b) and adding Subsection (b-1) to
read as follows:
(a) Except as otherwise provided by Subsection (b-1), 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 14
[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.
(b) Except as otherwise provided by Subsection (b-1), if
[If] the occupant is a tenant at will or by sufferance, the landlord
must give the tenant at least 14 [three] days' written notice to
vacate 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. If a building is purchased at a tax
foreclosure sale or a trustee's foreclosure sale under a lien
superior to the tenant's lease and the tenant timely pays rent and
is not otherwise in default under the tenant's lease after
foreclosure, the purchaser must give a residential tenant of the
building at least 30 days' written notice to vacate if the purchaser
chooses not to continue the lease. The tenant is considered to
timely pay the rent under this subsection if, during the month of
the foreclosure sale, the tenant pays the rent for that month to the
landlord before receiving any notice that a foreclosure sale is
scheduled during the month or pays the rent for that month to the
foreclosing lienholder or the purchaser at foreclosure not later
than the fifth day after the date of receipt of a written notice of
the name and address of the purchaser that requests payment. Before
a foreclosure sale, a foreclosing lienholder may give written
notice to a tenant stating that a foreclosure notice has been given
to the landlord or owner of the property and specifying the date of
the foreclosure.
(b-1) Notwithstanding Subsections (a) and (b), if the
landlord terminates the lease as provided by Section 91.003, the
landlord may file a forcible detainer suit on or after the third day
after the date the landlord gives notice to a tenant under a written
lease or oral rental agreement or at will or by sufferance.
SECTION 2. The changes in law made by this Act apply only to
an eviction suit in which the notice to vacate is given on or after
the effective date of this Act. An eviction suit in which the notice
to vacate is 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 3. This Act takes effect September 1, 2025.