|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to tenant's remedies regarding governmental determination |
|
of substandard housing. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subchapter A, Chapter 92, Property Code, is |
|
amended by adding Section 92.025 to read as follows: |
|
Sec. 92.025. TENANT'S REMEDIES REGARDING GOVERNMENTAL |
|
DETERMINATION OF SUBSTANDARD HOUSING. If a municipality or a |
|
county revokes a certificate of occupancy for a leased premises |
|
because of the landlord's failure to maintain the premises, the |
|
landlord is liable to a tenant who is not in default under the lease |
|
for: |
|
(1) the full amount of the tenant's security deposit; |
|
(2) the pro rata portion of any rental payment the |
|
tenant has paid in advance; |
|
(3) the tenant's actual damages, including any moving |
|
costs, utility connection fees, storage fees, and lost wages; and |
|
(4) court costs and attorney's fees arising from any |
|
related cause of action by the tenant against the landlord. |
|
SECTION 2. The changes in the law made by this Act apply |
|
only to a lease entered into on or after September 1, 2009. A lease |
|
entered into before September 1, 2009, is governed by the law as it |
|
existed immediately before the effective date of this Act, and that |
|
law is continued in effect for that purpose. |
|
SECTION 3. This Act takes effect September 1, 2009. |