By Dutton H.B. No. 1474
74R4611 PAM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to providing certain tenants the opportunity to cure a
1-3 default under a lease.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 24, Property Code, is amended by adding
1-6 Sections 24.0051 and 24.0052 to read as follows:
1-7 Sec. 24.0051. RESIDENTIAL TENANT'S RIGHT TO CURE DEFAULT
1-8 BEFORE EVICTION SUIT FILED. (a) Except as provided by Subsection
1-9 (e), a residential tenant who defaults under a written or oral
1-10 lease may avoid termination of the lease by complying with the
1-11 lease terms not later than the third day after the date the notice
1-12 of default required by this section is delivered.
1-13 (b) A landlord who intends to terminate the lease of a
1-14 tenant in default must notify the tenant in writing. Delivery of
1-15 the notice is sufficient if it is:
1-16 (1) delivered by regular mail or by registered or
1-17 certified mail, return receipt requested;
1-18 (2) delivered in person to the tenant or to any person
1-19 residing at the premises who is at least 16 years of age; or
1-20 (3) affixed to the inside of the main entry door to
1-21 the premises.
1-22 (c) The notice must:
1-23 (1) state that the tenant is in default under the
1-24 lease;
2-1 (2) inform the tenant of the tenant's right to cure
2-2 the default; and
2-3 (3) specify the nature of the default, the action
2-4 required to cure the default, and the period available to cure the
2-5 default.
2-6 (d) If the tenant cures the default as required by the
2-7 notice, the landlord may not:
2-8 (1) terminate the lease;
2-9 (2) terminate the tenant's right to possession of the
2-10 premises;
2-11 (3) give the tenant notice to vacate; or
2-12 (4) file a forcible detainer suit based on the default
2-13 cured by the tenant.
2-14 (e) Unless the lease provides otherwise, a tenant does not
2-15 have a right to cure a default that resulted from violent criminal
2-16 activity or an illegal drug related activity.
2-17 Sec. 24.0052. RESIDENTIAL TENANT'S RIGHT TO CURE DEFAULT
2-18 AFTER EVICTION SUIT FILED. (a) If a landlord prevails in a
2-19 forcible detainer suit against a residential tenant and the court
2-20 enters a judgment awarding the landlord possession of the premises
2-21 based solely on nonpayment or late payment of rent, the court,
2-22 before issuing a writ of possession, shall:
2-23 (1) determine the payment amount required to cure the
2-24 default;
2-25 (2) enter the payment amount on the court docket; and
2-26 (3) notify the tenant at the hearing or, in the event
2-27 of a default judgment, by postcard notice, of:
3-1 (A) the tenant's right to cure the default;
3-2 (B) the payment amount required to cure the
3-3 default; and
3-4 (C) the period available to cure the default.
3-5 (b) The tenant may cure the default on or before the fifth
3-6 day after the date the judgment of the court is signed by
3-7 depositing the payment amount in the registry of the court. If the
3-8 court is closed on the last day available for the tenant to cure
3-9 the default, the period to cure is extended to the next day the
3-10 court is open for business.
3-11 (c) If a tenant complies with Subsection (b), the court:
3-12 (1) shall release the judgment, reinstate the tenant
3-13 under the lease, and transfer the deposited funds to the landlord;
3-14 and
3-15 (2) may not issue a writ of possession in favor of the
3-16 landlord.
3-17 (d) The payment amount necessary to cure the default is the
3-18 sum of:
3-19 (1) the delinquent rent, excluding any amount
3-20 accelerated because of the default;
3-21 (2) reasonable late fees owed to the landlord; and
3-22 (3) any court costs assessed against the tenant by the
3-23 court.
3-24 SECTION 2. This Act takes effect September 1, 1995.
3-25 SECTION 3. The change in law made by this Act applies only
3-26 to a tenant who defaults on or after the effective date of this
3-27 Act. A tenant who defaults before the effective date of this Act
4-1 is covered by the law in effect when the default occurred, and the
4-2 former law is continued in effect for that purpose.
4-3 SECTION 4. The importance of this legislation and the
4-4 crowded condition of the calendars in both houses create an
4-5 emergency and an imperative public necessity that the
4-6 constitutional rule requiring bills to be read on three several
4-7 days in each house be suspended, and this rule is hereby suspended.