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A BILL TO BE ENTITLED
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AN ACT
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relating to the right of a tenant to hold a landlord liable for |
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falsely advertised square footage or amenities. |
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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 Section 92.021 to read as follows: |
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Sec. 92.021. LIABILITY OF LANDLORD FOR FALSE, MISLEADING, |
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OR DECEPTIVE REPRESENTATIONS OF SQUARE FOOTAGE OR AMENITY. (a) A |
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landlord who represents that a dwelling has a particular square |
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footage or amenity when the dwelling does not have the square |
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footage or amenity is liable to a tenant as provided by this |
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section. |
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(b) If a landlord is liable to a tenant under this section, |
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the tenant may: |
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(1) request that the landlord: |
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(A) move the tenant to a dwelling with the square |
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footage or amenity as represented by the landlord; or |
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(B) reduce the amount of the tenant's rent to |
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reflect the difference between the square footage and amenities |
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represented by the landlord and the actual square footage and |
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amenities; or |
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(2) terminate the lease and recover from the landlord |
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an amount equal to the amount the tenant incurs in locating and |
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moving to another dwelling. |
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(c) This section does not limit any remedy the tenant may |
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have against the landlord for false, misleading, or deceptive acts |
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or practices under Subchapter E, Chapter 17, Business & Commerce |
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Code. |
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SECTION 2. This Act applies only to a lease that is first |
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entered into on or after the effective date of this Act. A lease |
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entered into or renewed before the effective date of this Act is |
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governed by the law that applied to the lease immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |