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A BILL TO BE ENTITLED
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AN ACT
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relating to early termination of a residential 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 92.025 to read as follows: |
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Sec. 92.025. EARLY TERMINATION OF LEASE BY TENANT WITHOUT |
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CAUSE. (a) A tenant who terminates a lease without cause before |
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the termination date stated in the lease is liable to the landlord |
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for the landlord's damages that result from the tenant's early |
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termination of the lease less: |
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(1) any lawful setoffs, including any amount of a |
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security deposit eligible for refund under Subchapter C; and |
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(2) any amounts collected in the landlord's effort to |
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mitigate damages under Section 91.006. |
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(b) The damages a landlord may recover under Subsection (a) |
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are limited to: |
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(1) the amount of rent required to be paid for the |
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remainder of the lease term; |
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(2) late fees owed by the tenant before the |
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termination; |
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(3) reasonable fees incurred by the landlord to relet |
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the property; and |
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(4) costs to repair the property for any damage to the |
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property beyond normal wear and tear. |
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(c) For purposes of Subsection (b)(1), the rental rate for |
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the remainder of the lease term may not exceed the rate the tenant |
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was paying before the date of the tenant's early termination. |
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(d) This section does not limit the rights of a landlord or |
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tenant under Section 92.104. |
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(e) A provision of a lease that purports to waive a tenant's |
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right or to exempt a landlord from a 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 January 1, 2010. |