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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 any lawful setoffs and amounts |
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collected in the landlord's effort to mitigate damages under |
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Section 91.006. A landlord may not collect damages under this |
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section in excess of the amount of rent required to be paid for the |
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remainder of the lease term. |
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(b) For purposes of this section, the rental rate for the |
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remainder of the lease term may not exceed the rate the tenant was |
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paying before the date of the tenant's early termination. |
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(c) 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 September 1, 2009. |