By Burnam H.B. No. 2016
75R6569 CAS-F
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. (a)
1-8 The landlord's duty under this subsection is subject to Section
1-9 92.052(b) regarding conditions that are caused by the tenant and
1-10 Section 92.054 regarding conditions that are insured casualties. A
1-11 landlord has a duty to repair or remedy a condition and is liable
1-12 to a tenant as provided by this subchapter if:
1-13 (1) the condition materially affects the physical
1-14 health or safety of an ordinary tenant;
1-15 (2) the tenant has given the landlord notice to repair
1-16 or remedy the condition as required by Subsection (a) of Section
1-17 92.052;
1-18 (3) the landlord has had a reasonable time to repair
1-19 or remedy the condition, considering the nature of the problem, the
1-20 time the landlord knew or should have known about the problem, and
1-21 the reasonable availability of materials, labor, and utilities
1-22 from a utility company;
1-23 (4) [the tenant has given subsequent written notice to
1-24 the landlord, stating that the tenant intends to terminate the
2-1 lease, exercise repair and deduct remedies, or pursue judicial
2-2 remedies;]
2-3 [(5)] the landlord has not made a diligent effort to
2-4 repair or remedy the condition; and
2-5 (5) [(6)] the tenant was not delinquent in the payment
2-6 of rent at the time the notice [notices] required by Subdivision
2-7 [Subdivisions] (2) was [and (4) of this subsection were] given.
2-8 [The landlord's duty under this subsection is subject to the
2-9 provisions of Subsection (b) of Section 92.052 regarding conditions
2-10 which are caused by the tenant and Section 92.054 regarding
2-11 conditions which are insured casualties.]
2-12 (b) Except as provided in Subsection (c) [of this section],
2-13 a tenant to whom a landlord is liable under Subsection (a) [of this
2-14 section] may:
2-15 (1) terminate the lease if the condition is not
2-16 repaired or remedied within seven days after the tenant's notice
2-17 given in accordance with Section 92.052(a) [of intent to
2-18 terminate];
2-19 (2) have the condition repaired or remedied according
2-20 to Section 92.0561;
2-21 (3) deduct from the tenant's rent, without necessity
2-22 of judicial action, the cost of the repair or remedy according to
2-23 Section 92.0561; or [and]
2-24 (4) obtain judicial remedies according to Section
2-25 92.0563 if the condition is not repaired or remedied within seven
2-26 days after the tenant's notice given in accordance with Section
2-27 92.052(a) [of intent to repair or remedy].
3-1 (c) A tenant who elects to terminate the lease under
3-2 Subsection (b) and vacates the premises not later than the 30th day
3-3 after the date the lease is terminated [of this section] is:
3-4 (1) released from the obligation to pay rent and is
3-5 entitled to a pro rata refund of rent from the date the tenant
3-6 gives notice in accordance with Section 92.052(a) [of termination
3-7 or the date the tenant moves out, whichever is later];
3-8 (2) entitled to [deduct the tenant's security deposit
3-9 from the tenant's rent without necessity of lawsuit or obtain] a
3-10 refund of the tenant's security deposit according to law; and
3-11 (3) not entitled to the other repair and deduct
3-12 remedies under Section 92.0561 or the judicial remedies under
3-13 Subdivisions (1) and (2) of Subsection (a) of Section 92.0563.
3-14 (d) For purposes of Subsections (a)(3) and (4), a landlord
3-15 is presumed to have had a reasonable time and not made a diligent
3-16 effort to repair or remedy a condition if the landlord has not
3-17 responded to a tenant's written notice given in accordance with
3-18 Section 92.052(a) by mailing or otherwise delivering to the tenant
3-19 on or before the fifth day after the date the tenant's notice is
3-20 received a written notice that:
3-21 (1) denies the existence of the condition complained
3-22 of by the tenant, states the condition is one that the landlord
3-23 does not have a duty to repair or remedy as provided under Section
3-24 92.052(b), or states the condition is an insured casualty that the
3-25 landlord is not required or not yet required to repair, as
3-26 applicable, as provided under Section 92.054;
3-27 (2) denies the condition materially affects the
4-1 physical health and safety of an ordinary tenant;
4-2 (3) asserts the tenant's notice was given at a time
4-3 the tenant was delinquent in paying rent; or
4-4 (4) explains a plan of action to address the
4-5 condition, including the activities to be performed and a specific,
4-6 reasonable period for completion of each activity.
4-7 (e) If a landlord in bad faith sends a notice to a tenant
4-8 under Subsection (d), the tenant is entitled to:
4-9 (1) actual damages;
4-10 (2) additional damages not to exceed twice the actual
4-11 damages; and
4-12 (3) a civil penalty under Section 92.0563.
4-13 SECTION 2. Sections 92.0561(b)-(d), Property Code, are
4-14 amended to read as follows:
4-15 (b) The tenant's deduction for the cost of the repair or
4-16 remedy may not exceed the amount of two [one] month's rent under
4-17 the lease. However, if the tenant's rent is subsidized in whole or
4-18 in part by a governmental agency, the deduction limitation of two
4-19 [one] month's rent shall mean the fair market rent for the dwelling
4-20 and not the rent that the tenant pays. The fair market rent shall
4-21 be determined by the governmental agency subsidizing the rent, or
4-22 in the absence of such a determination, it shall be a reasonable
4-23 amount of rent under the circumstances.
4-24 (c) Repairs and deductions under this section may be made as
4-25 often as necessary so long as the total repairs and deductions in
4-26 any two-month period [one month] do not exceed two months' [one
4-27 month's] rent.
5-1 (d) Repairs under this section may be made only if all of
5-2 the following requirements are met:
5-3 (1) The landlord has a duty to repair or remedy the
5-4 condition under Section 92.052, and the duty has not been waived in
5-5 a written lease by the tenant under Subsection (e) or (f) of
5-6 Section 92.006.
5-7 (2) The tenant has given notice [notices] to the
5-8 landlord as required by Section 92.056, and a [the second or last]
5-9 notice by the tenant to the landlord states that the tenant intends
5-10 to repair or remedy the condition. On written request by the
5-11 landlord, the tenant [The notice] shall give the landlord [also
5-12 contain] a reasonable description of the intended repair or
5-13 remedy.
5-14 (3) Any one of the following events has occurred:
5-15 (A) There is [The landlord has failed to remedy
5-16 the] backup or overflow of raw sewage inside the tenant's dwelling
5-17 or [the] flooding from broken pipes or natural drainage inside the
5-18 dwelling.
5-19 (B) The landlord has expressly or impliedly
5-20 agreed in the lease to furnish potable water to the tenant's
5-21 dwelling and the water service to the dwelling has totally ceased.
5-22 (C) The landlord has expressly or impliedly
5-23 agreed in the lease to furnish heating or cooling equipment and [;]
5-24 the equipment is producing inadequate heat or cooled air[; and the
5-25 landlord has been notified in writing by the appropriate local
5-26 housing, building, or health official or other official having
5-27 jurisdiction that the lack of heat or cooling materially affects
6-1 the health or safety of an ordinary tenant].
6-2 (D) A [The landlord has been notified in writing
6-3 by the appropriate local housing, building, or health official or
6-4 other official having jurisdiction that the] condition exists at
6-5 the leased premises that materially affects the health or safety of
6-6 an ordinary tenant.
6-7 SECTION 3. Subchapter B, Chapter 92, Property Code, is
6-8 amended by adding Section 92.0564 to read as follows:
6-9 Sec. 92.0564. OTHER JUDICIAL REMEDIES. (a) A governmental
6-10 entity or civic association acting on a tenant's behalf may give
6-11 notice and file suit against a landlord to enjoin a violation of
6-12 this subchapter.
6-13 (b) A governmental entity or civic association that prevails
6-14 in a suit brought under Subsection (a) may recover court costs and
6-15 reasonable attorney's fees.
6-16 SECTION 4. Section 92.201, Property Code, is amended by
6-17 adding Subsections (g) and (h) to read as follows:
6-18 (g) Notwithstanding Subsection (e), a landlord who obtains
6-19 ownership of the dwelling rented by the tenant during the tenant's
6-20 lease term shall disclose in writing to the tenant the date of the
6-21 change in ownership and the information required under Subsection
6-22 (a)(1). That disclosure must be made before the first day of the
6-23 month following the date of the change in ownership but not later
6-24 than the 15th day after the date of the change in ownership.
6-25 (h) Notwithstanding Subsection (e), a landlord who begins
6-26 using or changes a management company to manage the dwelling
6-27 rented by the tenant during the tenant's lease term shall disclose
7-1 in writing to the tenant the date of the change in management and
7-2 the information required under Subsection (a)(2). That disclosure
7-3 must be made before the first day of the month following the date
7-4 of the change in management but not later than the 15th day after
7-5 the date of the change in management.
7-6 SECTION 5. (a) This Act takes effect September 1, 1997.
7-7 (b) The changes in law made by this Act apply only to
7-8 residential leases entered into or renewed on or after September 1,
7-9 1997. Residental leases entered into or renewed before that date
7-10 are covered by the law as it existed at the time the lease was
7-11 entered into or renewed, and the former law is continued in effect
7-12 for that purpose.
7-13 SECTION 6. The importance of this legislation and the
7-14 crowded condition of the calendars in both houses create an
7-15 emergency and an imperative public necessity that the
7-16 constitutional rule requiring bills to be read on three several
7-17 days in each house be suspended, and this rule is hereby suspended.