75R11316 CAS-F
By Burnam H.B. No. 2016
Substitute the following for H.B. No. 2016:
By Dukes C.S.H.B. No. 2016
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain procedures concerning landlords and tenants of
1-3 residential real property.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 92.056, Property Code, is amended to read
1-6 as follows:
1-7 Sec. 92.056. LANDLORD LIABILITY AND TENANT REMEDIES; NOTICE
1-8 AND TIME FOR REPAIR. (a) A landlord's liability under this
1-9 section is subject to Section 92.052(b) regarding conditions that
1-10 are caused by a tenant and Section 92.054 regarding conditions that
1-11 are insured casualties.
1-12 (b) A landlord [has a duty to repair or remedy a condition
1-13 and] is liable to a tenant as provided by this subchapter if:
1-14 (1) [the condition materially affects the physical
1-15 health or safety of an ordinary tenant;]
1-16 [(2)] the tenant has given the landlord notice to
1-17 repair or remedy a [the] condition by giving that notice to the
1-18 person to whom or to the place where the tenant's rent is normally
1-19 paid [as required by Subsection (a) of Section 92.052];
1-20 (2) the condition materially affects the physical
1-21 health or safety of an ordinary tenant;
1-22 (3) the tenant has given the landlord a subsequent
1-23 written notice to repair or remedy the condition after a reasonable
1-24 time to repair or remedy the condition following the notice given
2-1 under Subdivision (1) or the tenant has given the notice under
2-2 Subdivision (1) by sending that notice by certified mail, return
2-3 receipt requested, or by registered mail;
2-4 (4) the landlord has had a reasonable time to repair
2-5 or remedy the condition after the landlord received the tenant's
2-6 notice under Subdivision (1) and, if applicable, the tenant's
2-7 subsequent notice under Subdivision (3) [, considering the nature
2-8 of the problem and the reasonable availability of materials, labor,
2-9 and utilities from a utility company];
2-10 [(4) the tenant has given subsequent written notice to
2-11 the landlord, stating that the tenant intends to terminate the
2-12 lease, exercise repair and deduct remedies, or pursue judicial
2-13 remedies;]
2-14 (5) the landlord has not made a diligent effort to
2-15 repair or remedy the condition after the landlord received the
2-16 tenant's notice under Subdivision (1) and, if applicable, the
2-17 tenant's notice under Subdivision (3); and
2-18 (6) the tenant was not delinquent in the payment of
2-19 rent at the time any notice [the notices] required by [Subdivisions
2-20 (2) and (4) of] this subsection was [were] given.
2-21 (c) For purposes of Subsection (b)(4) or (5), a landlord is
2-22 considered to have received the tenant's notice when the landlord
2-23 or the landlord's agent or employee has actually received the
2-24 notice or when the United States Postal Service has attempted to
2-25 deliver the notice to the landlord.
2-26 (d) For purposes of Subsection (b)(3) or (4), in determining
2-27 whether a period of time is a reasonable time to repair or remedy a
3-1 condition, there is a rebuttable presumption that seven days is a
3-2 reasonable time. To rebut that presumption, the date on which the
3-3 landlord received the tenant's notice, the severity and nature of
3-4 the condition, and the reasonable availability of materials and
3-5 labor and of utilities from a utility company must be considered.
3-6 (e) [The landlord's duty under this subsection is subject to
3-7 the provisions of Subsection (b) of Section 92.052 regarding
3-8 conditions which are caused by the tenant and Section 92.054
3-9 regarding conditions which are insured casualties.]
3-10 [(b)] Except as provided in Subsection (f) [(c) of this
3-11 section], a tenant to whom a landlord is liable under Subsection
3-12 (b) [(a)] of this section may:
3-13 (1) terminate the lease [if the condition is not
3-14 repaired or remedied within seven days after the tenant's notice of
3-15 intent to terminate];
3-16 (2) have the condition repaired or remedied according
3-17 to Section 92.0561;
3-18 (3) deduct from the tenant's rent, without necessity
3-19 of judicial action, the cost of the repair or remedy according to
3-20 Section 92.0561; and
3-21 (4) obtain judicial remedies according to Section
3-22 92.0563 [if the condition is not repaired or remedied within seven
3-23 days after the tenant's notice of intent to repair or remedy].
3-24 (f) [(c)] A tenant who elects to terminate the lease under
3-25 Subsection (e) [(b) of this section] is:
3-26 (1) entitled to a pro rata refund of rent from the
3-27 date of termination or the date the tenant moves out, whichever is
4-1 later;
4-2 (2) entitled to deduct the tenant's security deposit
4-3 from the tenant's rent without necessity of lawsuit or obtain a
4-4 refund of the tenant's security deposit according to law; and
4-5 (3) not entitled to the other repair and deduct
4-6 remedies under Section 92.0561 or the judicial remedies under
4-7 Subdivisions (1) and (2) of Subsection (a) of Section 92.0563.
4-8 SECTION 2. Sections 92.0561(a)-(d), Property Code, are
4-9 amended to read as follows:
4-10 (a) If the landlord is liable to the tenant under
4-11 [Subsection (a) of] Section 92.056(b), the tenant may have the
4-12 condition repaired or remedied and may deduct the cost from a
4-13 subsequent rent payment as provided in this section.
4-14 (b) The tenant's deduction for the cost of the repair or
4-15 remedy may not exceed the amount of one month's rent under the
4-16 lease or $500, whichever is greater. However, if the tenant's rent
4-17 is subsidized in whole or in part by a governmental agency, the
4-18 deduction limitation of one month's rent shall mean the fair market
4-19 rent for the dwelling and not the rent that the tenant pays. The
4-20 fair market rent shall be determined by the governmental agency
4-21 subsidizing the rent, or in the absence of such a determination, it
4-22 shall be a reasonable amount of rent under the circumstances.
4-23 (c) Repairs and deductions under this section may be made as
4-24 often as necessary so long as the total repairs and deductions in
4-25 any one month do not exceed one month's rent or $500, whichever is
4-26 greater.
4-27 (d) Repairs under this section may be made only if all of
5-1 the following requirements are met:
5-2 (1) The landlord has a duty to repair or remedy the
5-3 condition under Section 92.052, and the duty has not been waived in
5-4 a written lease by the tenant under Subsection (e) or (f) of
5-5 Section 92.006.
5-6 (2) The tenant has given notice [notices] to the
5-7 landlord as required by Section 92.056(b)(1), and, if required, a
5-8 subsequent notice under Section 92.056(b)(3), and at least one of
5-9 those notices [the second or last notice by the tenant to the
5-10 landlord] states that the tenant intends to repair or remedy the
5-11 condition. The notice shall also contain a reasonable description
5-12 of the intended repair or remedy.
5-13 (3) Any one of the following events has occurred:
5-14 (A) The landlord has failed to remedy the backup
5-15 or overflow of raw sewage inside the tenant's dwelling or the
5-16 flooding from broken pipes or natural drainage inside the dwelling.
5-17 (B) The landlord has expressly or impliedly
5-18 agreed in the lease to furnish potable water to the tenant's
5-19 dwelling and the water service to the dwelling has totally ceased.
5-20 (C) The landlord has expressly or impliedly
5-21 agreed in the lease to furnish heating or cooling equipment; the
5-22 equipment is producing inadequate heat or cooled air; and the
5-23 landlord has been notified in writing by the appropriate local
5-24 housing, building, or health official or other official having
5-25 jurisdiction that the lack of heat or cooling materially affects
5-26 the health or safety of an ordinary tenant.
5-27 (D) The landlord has been notified in writing by
6-1 the appropriate local housing, building, or health official or
6-2 other official having jurisdiction that the condition materially
6-3 affects the health or safety of an ordinary tenant.
6-4 SECTION 3. (a) This Act takes effect January 1, 1998.
6-5 (b) The changes in law made by this Act apply only to
6-6 residential leases entered into or renewed on or after January 1,
6-7 1998. Residential leases entered into or renewed before that date
6-8 are covered by the law as it existed at the time the lease was
6-9 entered into or renewed, and the former law is continued in effect
6-10 for that purpose.
6-11 SECTION 4. The importance of this legislation and the
6-12 crowded condition of the calendars in both houses create an
6-13 emergency and an imperative public necessity that the
6-14 constitutional rule requiring bills to be read on three several
6-15 days in each house be suspended, and this rule is hereby suspended.