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A BILL TO BE ENTITLED
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AN ACT
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relating to a residential tenant's right to rescind a rental |
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application or lease agreement. |
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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 92.026 to read as follows: |
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Sec. 92.026. RIGHT TO RESCIND. (a) A tenant may rescind a |
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rental application or lease without cause or penalty on or before |
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the fifth day after the date the landlord provides to the tenant a |
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key to the premises unless the landlord: |
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(1) notifies the tenant that the tenant may inspect |
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the interior of the premises at the time the application is signed |
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or before the lease is signed; and |
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(2) allows the tenant to inspect the interior of the |
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premises before the lease is signed. |
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(b) A provision of a lease that purports to waive a tenant's |
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right or to exempt a landlord from liability or duty under this |
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section is void. |
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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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covered 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, 2009. |