Texas Senate Bill SB851

Texas 2025 - 89th Regular

• Filed: 1/17/25

Caption

Relating to repairs made pursuant to a tenant's notice of intent to repair and the refund of a tenant's security deposit.

Impact

The implications of SB851 extend beyond the immediate relationships between tenants and landlords. The requirement for repairs to be made by licensed contractors, particularly in municipalities with such regulations, could lead to heightened standards of maintenance and safety within rentals. Additionally, the amendments regarding the handling of security deposits could prevent landlords from unfairly withholding deposits, protecting tenants from potential financial loss. These changes may lead to enhanced trust in the rental market and could influence rental behaviors and agreements across Texas.

Summary

SB851 introduces amendments to the Texas Property Code concerning tenant rights and obligations of landlords specifically related to repairs following a tenant's notice of intent to repair and the handling of security deposits. The bill aims to ensure that repairs requested by tenants are carried out by independent contractors, which may indirectly enhance the quality of maintenance within rental properties, thereby improving tenant living conditions. It also delineates the process regarding the return of security deposits, establishing clearer guidelines for landlords and tenants alike.

Contention

Some potential points of contention surrounding SB851 could reflect concerns from landlord groups who may view the increased requirements on repairs and security deposits as burdensome. The bill implies an elevated operational standard that might necessitate additional administrative considerations for landlords managing multiple properties. There's also the question of how these changes might affect the rental market dynamics, potentially leading landlords to be more selective in tenant agreements or influencing rental pricing due to increased operational costs.

Texas Constitutional Statutes Affected

Property Code

• Chapter 92. Residential Tenancies
  • Section: 0561
  • Section: 107
  • Section: 109

• Chapter 94. Manufactured Home Tenancies
  • Section: 107
  • Section: 109
  • Section: 157