AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

C.S.S.B. 1240 amends current law relating to a tenant's remedies regarding a local government's revocation of a certificate of occupancy due to a landlord's failure to maintain the premises.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Subchapter A, Chapter 92, Property Code, by adding Section 92.023, as follows:

 

Sec.  92.023.  TENANT'S REMEDIES REGARDING REVOCATION OF CERTIFICATE OF OCCUPANCY.  (a)  Provides that 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.

 

(b) Provides that this section does not apply if the revocation of the certificate is based on conditions at the premises that are the result of casualty loss, such as fire, smoke, hail, explosion, or natural disaster, that did not result from the landlord's failure to maintain the premises.

 

SECTION 2.  Makes application of this Act prospective.

 

SECTION 3.  Effective date: September 1, 2011.