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A BILL TO BE ENTITLED
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AN ACT
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relating to residential lease agreements. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 92, Property Code, is |
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amended by adding Sections 92.018 and 92.019 to read as follows: |
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Sec. 92.018. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING |
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TENANT'S DEATH. (a) A tenant who dies before the lease term |
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expires is released from any obligation to pay future rent or any |
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other future sums due under the lease if a representative of the |
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tenant's estate or a tenant's family member: |
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(1) removes the tenant's property and otherwise |
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vacates the premises on or before the next date on which rent would |
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be due under the lease; |
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(2) provides timely notice to the landlord of the |
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tenant's death; and |
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(3) otherwise complies with the terms of the lease, |
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including: |
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(A) paying delinquent rent payments and other |
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delinquent amounts due under the lease; and |
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(B) repairing any damage to the premises unless |
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the condition was caused by normal wear and tear. |
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(b) If a representative of the tenant's estate or a tenant's |
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family member fails to vacate the premises or to otherwise comply |
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with the lease agreement as provided by Subsection (a), the |
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tenant's estate: |
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(1) is liable for rent payments for any period during |
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which the premises remain occupied; and |
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(2) may be subject to any other penalty imposed by the |
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lease. |
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(c) A landlord may not impose any penalty, including an |
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early move-out or reletting charge or forfeiture of a security |
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deposit, for the sole reason of terminating the lease without |
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notice after a tenant's death. A lease provision that imposes a |
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penalty under the circumstances described by this subsection is |
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void. |
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Sec. 92.019. LANDLORD'S DUTY TO PROVIDE COPY OF LEASE. A |
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landlord shall provide a copy of a written lease agreement to the |
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tenant immediately after the lease or any renewal of the lease is |
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signed by the landlord and tenant. |
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SECTION 2. This Act applies only to a lease agreement |
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entered into on or after the effective date of this Act. A lease |
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agreement entered into before the effective date of this Act is |
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governed by the law in effect at the time the lease agreement was |
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entered into, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |