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A BILL TO BE ENTITLED
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AN ACT
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relating to a tenant's remedies regarding a local government's |
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revocation of a certificate of occupancy due to a landlord's |
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failure to maintain the premises. |
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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 92.023 to read as follows: |
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Sec. 92.023. TENANT'S REMEDIES REGARDING REVOCATION OF |
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CERTIFICATE OF OCCUPANCY. If a municipality or a county revokes a |
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certificate of occupancy for a leased premises because of the |
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landlord's failure to maintain the premises, the landlord is liable |
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to a tenant who is not in default under the lease for: |
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(1) the full amount of the tenant's security deposit; |
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(2) the pro rata portion of any rental payment the |
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tenant has paid in advance; |
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(3) the tenant's actual damages, including any moving |
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costs, utility connection fees, storage fees, and lost wages; and |
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(4) court costs and attorney's fees arising from any |
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related cause of action by the tenant against the landlord. |
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SECTION 2. The changes in the law made by this Act apply |
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only to a lease entered into on or after September 1, 2011. A lease |
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entered into before September 1, 2011, is governed by the law as it |
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existed immediately before the effective date of this Act, and that |
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law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |