| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to right to vacate and avoid residential lease liability |
|
|
following the occurrence of certain criminal offenses or family |
|
|
violence. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. The heading to Section 92.016, Property Code, is |
|
|
amended to read as follows: |
|
|
Sec. 92.016. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING |
|
|
CERTAIN CRIMINAL OFFENSES OR FAMILY VIOLENCE. |
|
|
SECTION 2. Sections 92.016(b) and (f), Property Code, are |
|
|
amended to read as follows: |
|
|
(b) A tenant may terminate the tenant's rights and |
|
|
obligations under a lease [and may vacate the dwelling] and avoid |
|
|
liability for future rent and any other sums due under the lease for |
|
|
terminating the lease [and vacating the dwelling] before the end of |
|
|
the lease term beginning on the date after [if] the tenant vacates |
|
|
the premises [complies with Subsection (c) and obtains] and |
|
|
provides the landlord or the landlord's agent a copy of: |
|
|
(1) if the tenant is a victim of an offense under |
|
|
Chapter 20, 21, 22, 28, 29, 30, or 31, Penal Code, that took place on |
|
|
the premises or at any dwelling on the premises, an official law |
|
|
enforcement report of the offense; or |
|
|
(2) if the tenant or occupant is the victim of family |
|
|
violence under Section 71.004, Family Code, one or more of the |
|
|
following orders protecting the tenant or an occupant from family |
|
|
violence committed by a cotenant or occupant of the dwelling: |
|
|
(A) [(1)] a temporary injunction issued under |
|
|
Subchapter F, Chapter 6, Family Code; or |
|
|
(B) [(2)] a protective order issued under |
|
|
Chapter 85, Family Code. |
|
|
(f) A tenant who terminates a lease under Subsection (b) is |
|
|
released from all liability for any delinquent, unpaid rent owed to |
|
|
the landlord by the tenant on the effective date of the lease |
|
|
termination if the lease does not contain language substantially |
|
|
equivalent to the following: |
|
|
"Tenants may have special statutory rights to |
|
|
terminate the lease early in certain situations |
|
|
involving certain criminal offenses, family violence, |
|
|
or a military deployment or transfer." |
|
|
SECTION 3. Section 92.016(c), Property Code, is repealed. |
|
|
SECTION 4. The change in law made by this Act applies only |
|
|
to a lease that is executed or renewed on or after the effective |
|
|
date of this Act. A lease that is executed or renewed before the |
|
|
effective date of this Act is governed by the law in effect at the |
|
|
time the lease was executed or renewed, and that law is continued in |
|
|
effect for that purpose. |
|
|
SECTION 5. This Act takes effect September 1, 2009. |