Texas House Bill HB798

Texas 2025 - 89th Regular

• Filed: 11/12/24

Caption

Relating to certain rights and duties of residential tenants and landlords; increasing the amount of civil penalties.

Impact

The law changes will specifically impact the processes surrounding eviction and tenant-landlord communications. For example, landlords must now give a 10-day notice to tenants who default on rent payments, allowing them an opportunity to resolve the issue before facing eviction. This shift not only impacts the way eviction cases are handled but also strengthens tenant rights by ensuring they have a reasonable chance to pay overdue rents before any legal actions are taken. This provision could substantially reduce the number of eviction cases filed in courts, as tenants may be more likely to rectify their rent obligations when given clear, actionable notice.

Summary

House Bill 798 introduces critical amendments to Texas's Property Code, specifically addressing the rights and duties of residential tenants and landlords. One of the significant changes includes increasing civil penalties for landlords who fail to comply with their obligations regarding tenant notifications. The bill mandates landlords to provide tenants with specific written notices regarding defaults in payment, offering them a stipulated duration to cure such defaults before eviction proceedings can commence. By placing these additional obligations on landlords, the bill aims to enhance tenant protections, particularly those who face challenges related to nonpayment of rent.

Contention

While the bill has generated support for its focus on enhancing tenant rights, significant contention exists around its potential implications for landlords, particularly those managing smaller properties. Opponents argue that these additional requirements may create undue burdens on landlords, complicating the eviction process and increasing the potential for legal disputes. Moreover, there are concerns regarding how the provisions affecting criminal history inquiries could impact landlords’ ability to assess the suitability of potential tenants, thus affecting their screening processes and raising housing security issues for applicants with previous criminal records. Ultimately, debate continues regarding the balance between tenant protections and landlords' operational capabilities.

Texas Constitutional Statutes Affected

Property Code

• Chapter 92. Residential Tenancies
  • Section: 0081
  • Section: 011
  • Section: New Section
  • Section: 019
  • Section: 054
  • Section: 0561
  • Section: 0563

• Chapter 94. Manufactured Home Tenancies
  • Section: 251