By Barrientos S.B. No. 1334
74R6514 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the relationship between landlords and tenants.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 24, Property Code, is amended by adding
1-5 Sections 24.0051 and 24.0052 to read as follows:
1-6 Sec. 24.0051. RESIDENTIAL TENANT'S RIGHT TO CURE DEFAULT
1-7 BEFORE EVICTION SUIT FILED. (a) Except as provided by Subsection
1-8 (e), a residential tenant who defaults under a written or oral
1-9 lease may avoid termination of the lease by complying with the
1-10 lease terms not later than the third day after the date the notice
1-11 of default required by this section is delivered.
1-12 (b) A landlord who intends to terminate the lease of a
1-13 tenant in default must notify the tenant in writing. Delivery of
1-14 the notice is sufficient if it is:
1-15 (1) delivered by regular mail or by registered or
1-16 certified mail, return receipt requested;
1-17 (2) delivered in person to the tenant or to any person
1-18 residing at the premises who is at least 16 years of age; or
1-19 (3) affixed to the inside of the main entry door to
1-20 the premises.
1-21 (c) The notice must:
1-22 (1) state that the tenant is in default under the
1-23 lease;
1-24 (2) inform the tenant of the tenant's right to cure
2-1 the default; and
2-2 (3) specify the nature of the default, the action
2-3 required to cure the default, and the period available to cure the
2-4 default.
2-5 (d) If the tenant cures the default as required by the
2-6 notice, the landlord may not:
2-7 (1) terminate the lease;
2-8 (2) terminate the tenant's right to possession of the
2-9 premises;
2-10 (3) give the tenant notice to vacate; or
2-11 (4) file a forcible detainer suit based on the default
2-12 cured by the tenant.
2-13 (e) Unless the lease provides otherwise, a tenant does not
2-14 have a right to cure a default that resulted from violent criminal
2-15 activity or an illegal drug related activity.
2-16 Sec. 24.0052. RESIDENTIAL TENANT'S RIGHT TO CURE DEFAULT
2-17 AFTER EVICTION SUIT FILED. (a) If a landlord prevails in a
2-18 forcible detainer suit against a residential tenant and the court
2-19 enters a judgment awarding the landlord possession of the premises
2-20 based solely on nonpayment or late payment of rent, the court,
2-21 before issuing a writ of possession, shall:
2-22 (1) determine the payment amount required to cure the
2-23 default;
2-24 (2) enter the payment amount on the court docket; and
2-25 (3) notify the tenant at the hearing or, in the event
2-26 of a default judgment, by postcard notice, of:
2-27 (A) the tenant's right to cure the default;
3-1 (B) the payment amount required to cure the
3-2 default; and
3-3 (C) the period available to cure the default.
3-4 (b) The tenant may cure the default on or before the fifth
3-5 day after the date the judgment of the court is signed by
3-6 depositing the payment amount in the registry of the court. If the
3-7 court is closed on the last day available for the tenant to cure
3-8 the default, the period to cure is extended to the next day the
3-9 court is open for business.
3-10 (c) If a tenant complies with Subsection (b), the court:
3-11 (1) shall release the judgment, reinstate the tenant
3-12 under the lease, and transfer the deposited funds to the landlord;
3-13 and
3-14 (2) may not issue a writ of possession in favor of the
3-15 landlord.
3-16 (d) The payment amount necessary to cure the default is the
3-17 sum of:
3-18 (1) the delinquent rent, excluding any amount
3-19 accelerated because of the default;
3-20 (2) reasonable late fees owed to the landlord; and
3-21 (3) any court costs assessed against the tenant by the
3-22 court.
3-23 SECTION 2. Chapter 91, Property Code, is amended by adding
3-24 Section 91.006 to read as follows:
3-25 Sec. 91.006. RETALIATION BY LANDLORD PROHIBITED. (a) A
3-26 landlord may not retaliate against a tenant after the tenant:
3-27 (1) exercises or attempts to exercise in good faith a
4-1 right granted to the tenant by lease or by federal, state, or local
4-2 law;
4-3 (2) complains about a building or housing code
4-4 violation that materially affects health and safety to a
4-5 governmental agency charged with the responsibility for enforcing
4-6 building or housing codes; or
4-7 (3) organizes or becomes a member of a tenants union
4-8 or similar organization.
4-9 (b) A rebuttable presumption of retaliation exists if the
4-10 landlord, within one year after the date the tenant takes action
4-11 described by Subsection (a):
4-12 (1) files an eviction action except for the grounds
4-13 stated in Subsection (d);
4-14 (2) deprives the tenant of the use of the premises
4-15 except for reasons authorized by law;
4-16 (3) decreases services to the tenant;
4-17 (4) increases the tenant's rent or terminates the
4-18 tenant's lease; or
4-19 (5) engages in a pattern of harassment that interferes
4-20 with the tenant's peaceful enjoyment of the premises.
4-21 (c) A landlord may rebut a presumption of retaliation if the
4-22 landlord proves that the landlord did not take the action for the
4-23 purpose of retaliation.
4-24 (d) The landlord may evict a tenant without violating this
4-25 section if the tenant:
4-26 (1) is delinquent in paying rent when the landlord
4-27 gives the tenant notice to vacate or files an eviction action; or
5-1 (2) has materially breached the lease other than by
5-2 holding over.
5-3 (e) In addition to other remedies provided by law, a tenant
5-4 who is subject to retaliation by a landlord:
5-5 (1) may file suit for declaratory or injunctive
5-6 relief; and
5-7 (2) may file suit to recover from the landlord:
5-8 (A) an amount equal to three times the average
5-9 monthly rental payment in the area;
5-10 (B) actual damages, including reasonable moving
5-11 costs;
5-12 (C) court costs; and
5-13 (D) reasonable and necessary attorney's fees.
5-14 (f) The tenant may assert as an affirmative defense to an
5-15 eviction action that the landlord engaged in retaliatory action.
5-16 SECTION 3. Sections 92.008(a), (c), (d), and (e), Property
5-17 Code, are amended to read as follows:
5-18 (a) A landlord or a landlord's agent may not interrupt or
5-19 cause the interruption of utility service paid for directly to the
5-20 utility company by a tenant or furnished to the tenant as an
5-21 incident of the tenancy unless:
5-22 (1) the interruption results from bona fide repairs,
5-23 construction, or an emergency; or
5-24 (2) the utility service furnished to the tenant is
5-25 individually metered by the landlord and the landlord complies with
5-26 applicable law.
5-27 (c) A landlord may not intentionally prevent a tenant from
6-1 entering the leased premises except by judicial process unless the
6-2 exclusion results from:
6-3 (1) bona fide repairs, construction, or an emergency;
6-4 or
6-5 (2) removing the contents of premises abandoned by a
6-6 tenant<; or>
6-7 <(3) changing the door locks of a tenant who is
6-8 delinquent in paying at least part of the rent>.
6-9 (d) <If a landlord or a landlord's agent changes the door
6-10 lock of a tenant who is delinquent in paying rent, the landlord or
6-11 the landlord's agent must:>
6-12 <(1) place a written notice on the tenant's front door
6-13 stating the name and location of the individual from whom the new
6-14 key may be obtained at any hour; and>
6-15 <(2) provide the new key to the tenant at any hour,
6-16 regardless of whether or not the tenant pays any of the delinquent
6-17 rent.>
6-18 <(e)> If a landlord or a landlord's agent violates this
6-19 section, the tenant may:
6-20 (1) either recover possession of the premises or
6-21 terminate the lease; and
6-22 (2) recover from the landlord an amount equal to the
6-23 sum of the tenant's actual damages, an amount equal to three times
6-24 the monthly <one month's> rent or $2,000 <$500>, whichever is
6-25 greater, reasonable attorney's fees, and court costs, less any
6-26 delinquent rents or other sums for which the tenant is liable to
6-27 the landlord.
7-1 (e) In order to recover under Subsection (d)(2), a tenant
7-2 may file:
7-3 (1) a suit against the landlord; or
7-4 (2) a counterclaim against the landlord in a suit,
7-5 including a forcible detainer suit, filed by the landlord against
7-6 the tenant.
7-7 SECTION 4. Subchapter A, Chapter 92, Property Code, is
7-8 amended by adding Section 92.012 to read as follows:
7-9 Sec. 92.012. LATE FEES. (a) Except as provided by
7-10 Subsection (b), a landlord may charge as a late fee not more than:
7-11 (1) 50 cents a day for each day a payment is late plus
7-12 three percent of the monthly rental payment under the lease during
7-13 the period that begins the first day and ends the 30th day after
7-14 the date the payment is due under the lease; and
7-15 (2) 50 cents a day for each day a payment is late plus
7-16 six percent of the monthly rental payment under the lease during
7-17 the period that begins the 31st day and ends the 60th day after the
7-18 date the payment is due under the lease.
7-19 (b) If a portion of the amount of rent owed under the lease
7-20 is paid after the 60th day after the date the payment is due under
7-21 the lease, the landlord may charge as a late fee not more than:
7-22 (1) 50 cents a day for each day a payment is late plus
7-23 six percent of the monthly rental payment under the lease during
7-24 the period that begins the first day and ends the 60th day after
7-25 the date the payment is due under the lease; and
7-26 (2) 10 percent of the amount of rent owed under the
7-27 lease that is not paid before the 60th day after the date the
8-1 payment is due under the lease.
8-2 (c) A tenant may recover from a landlord who accepts or
8-3 requests from a tenant or contracts with a tenant to receive a fee
8-4 in violation of this section:
8-5 (1) all late fees received by the landlord in
8-6 violation of this section;
8-7 (2) actual damages;
8-8 (3) an amount equal to the greater of three times the
8-9 monthly rental payment under the lease or $2,000; and
8-10 (4) reasonable and necessary attorney's fees.
8-11 SECTION 5. Sections 92.201, 92.202, 92.203, 92.204, 92.205,
8-12 and 92.206, Property Code, are amended to read as follows:
8-13 Sec. 92.201. Disclosure of Ownership and Management. (a) A
8-14 landlord shall disclose to a tenant according to this subchapter:
8-15 (1) the name, business or residential <and either a>
8-16 street address, and <or> post office box address of each <the>
8-17 holder of record title, according to the deed records in the county
8-18 clerk's office, of the dwelling rented by the tenant; and
8-19 (2) if an entity located off-site from the tenant's
8-20 dwelling is primarily responsible for managing the dwelling, the
8-21 name and street address of the management company and the name of
8-22 each owner of the management company.
8-23 (b) Disclosure under Subsection (a) must be made by:
8-24 (1) giving the information in writing to the tenant on
8-25 or before the seventh day after the day the landlord receives the
8-26 tenant's request for the information;
8-27 (2) continuously posting the information in a
9-1 conspicuous place in the dwelling or the office of the on-site
9-2 manager or on the outside of the entry door to the office of the
9-3 on-site manager <on or before the seventh day after the date the
9-4 landlord receives the tenant's request for the information>; and
9-5 <or>
9-6 (3) including the information in a copy of the
9-7 tenant's lease or in written rules given to the tenant <before the
9-8 tenant requests the information>.
9-9 (c) Disclosure of information may be made under Subdivision
9-10 (1) <or (2)> of Subsection (b) before the tenant requests the
9-11 information.
9-12 (d) A correction to the information must <may> be made by
9-13 all <any> of the methods required by Subsection (b) <authorized for
9-14 providing the information>.
9-15 (e) For the purposes of this subchapter <section>, the
9-16 landlord must <an owner or property manager may> disclose the
9-17 <either an actual> name of a natural person unless provided
9-18 otherwise <or names or an assumed name if an assumed name
9-19 certificate has been recorded with the county clerk>.
9-20 (f) If a holder of record title or an owner of a management
9-21 company is not a natural person, the landlord must disclose:
9-22 (1) the name, including any assumed name, street
9-23 address, and post office box address of the entity;
9-24 (2) the name, title, business or residential street
9-25 address, and post office box address of the registered agent,
9-26 general partner, joint venturer, president, officer, or owner of
9-27 the entity; and
10-1 (3) a description of the entity.
10-2 (g) The landlord must also disclose the information required
10-3 by Subsection (f) for each entity disclosed as required by
10-4 Subsection (f).
10-5 Sec. 92.202. Landlord's Failure to Disclose Information.
10-6 <(a)> A landlord is liable to a tenant according to this
10-7 subchapter if the landlord fails to provide the information as
10-8 required by Section 92.201.<:>
10-9 <(1) after the tenant makes a request for information
10-10 under Section 92.201, the landlord does not provide the
10-11 information; and>
10-12 <(2) the landlord does not give the information to the
10-13 tenant before the eighth day after the date the tenant gives the
10-14 landlord written notice that the tenant may exercise his remedies
10-15 under this subchapter if the landlord does not comply with the
10-16 tenant's request for the information within seven days.>
10-17 <(b) If the tenant's lease is in writing, the lease may
10-18 require the tenant's initial request for information to be
10-19 written.>
10-20 Sec. 92.203. LANDLORD'S FAILURE TO CORRECT INFORMATION. A
10-21 landlord who has provided information under Subdivision (2) or (3)
10-22 of Subsection (b) of Section 92.201 is liable to a tenant according
10-23 to this subchapter if:
10-24 (1) the information becomes incorrect because a name
10-25 or address changes; and
10-26 (2) the landlord fails to correct the information on
10-27 or before the 30th <seventh> day after the date <the tenant gives>
11-1 the landlord knows or reasonably should know the information is
11-2 incorrect <written notice that the tenant may exercise his remedies
11-3 under this subchapter if the corrected information is not provided
11-4 within seven days>.
11-5 Sec. 92.204. BAD FAITH VIOLATION. A landlord acts in bad
11-6 faith and is liable according to this subchapter if the landlord
11-7 gives an incorrect name or address under Subsection (a) of Section
11-8 92.201 by wilfully:
11-9 (1) disclosing incorrect information under
11-10 <Subdivision (1) or (2) of Subsection (b) of> Section 92.201; or
11-11 (2) failing to correct information given under
11-12 <Subdivision (1) or (2) of Subsection (b) of> Section 92.201 that
11-13 the landlord knows or reasonably should know is incorrect.
11-14 Sec. 92.205. TENANT REMEDIES. (a) A tenant of a landlord
11-15 who is liable under Section 92.202, 92.203, or 92.204 may obtain or
11-16 exercise one or more of the following remedies:
11-17 (1) a court order directing the landlord to make a
11-18 disclosure required by this subchapter;
11-19 (2) a judgment against the landlord for an amount
11-20 equal to the tenant's actual costs in discovering the information
11-21 required to be disclosed by this subchapter;
11-22 (3) a judgment against the landlord for one month's
11-23 rent plus $1,000 <$100>;
11-24 (4) a judgment against the landlord for court costs
11-25 and attorney's fees; and
11-26 (5) unilateral termination of the lease without a
11-27 court proceeding.
12-1 (b) If a landlord acts in bad faith, a tenant may obtain a
12-2 judgment against the landlord for an additional $1,000.
12-3 Sec. 92.206. RENT PAYMENT NOT REQUIRED <LANDLORD'S DEFENSE>.
12-4 <A landlord has a defense to liability under Section 92.202 or
12-5 92.203 if the tenant owes rent on the date the tenant gives a
12-6 notice required by either of those sections.> Rent delinquency is
12-7 not a defense for a violation of this subchapter <Section 92.204>.
12-8 SECTION 6. This Act takes effect September 1, 1995.
12-9 SECTION 7. The change in law made by Section 1 of this Act
12-10 applies only to a tenant who defaults on or after the effective
12-11 date of this Act. A tenant who defaults before the effective date
12-12 of this Act is covered by the law in effect when the default
12-13 occurred, and the former law is continued in effect for that
12-14 purpose.
12-15 SECTION 8. The importance of this legislation and the
12-16 crowded condition of the calendars in both houses create an
12-17 emergency and an imperative public necessity that the
12-18 constitutional rule requiring bills to be read on three several
12-19 days in each house be suspended, and this rule is hereby suspended.