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A
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N ACT
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relating to the right to vacate and avoid liability under a |
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residential lease after a tenant's death. |
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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 92.0162 to read as follows: |
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Sec. 92.0162. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING |
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TENANT'S DEATH. (a) A representative of the estate of a tenant who |
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dies before the expiration of the tenant's lease and was, at the |
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time of the tenant's death, the sole occupant of a rental dwelling |
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may terminate the tenant's rights and obligations under the lease |
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and may vacate the leased premises and avoid liability for future |
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rent and any other sums due under the lease for terminating the |
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lease and vacating the leased premises before the end of the lease |
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term if: |
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(1) the representative provides to the landlord or the |
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landlord's agent written notice of the termination of the lease |
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under this section; |
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(2) the deceased tenant's property is removed from the |
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leased premises in accordance with Section 92.014(c) or (d); and |
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(3) the representative signs an inventory of the |
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removed property, if required by the landlord or the landlord's |
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agent. |
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(b) Termination of a lease under this section is effective |
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on the later of: |
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(1) the 30th day after the date on which the notice |
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under Subsection (a) was provided; or |
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(2) the date on which all of the conditions in |
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Subsection (a) have been met. |
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(c) After receipt of the notice provided under Subsection |
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(a), the landlord shall provide a copy of the written lease |
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agreement to the person who provided the notice on written request |
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of that person. |
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(d) This section does not affect the obligations or |
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liability of the tenant or the tenant's estate under the lease |
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before the lease is terminated under this section, including the |
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liability of the tenant or the tenant's estate for: |
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(1) delinquent, unpaid rent; and |
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(2) damages to the leased premises not caused by |
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normal wear and tear. |
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(e) A landlord or landlord's agent who lawfully permits a |
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person described by Subsection (a) to enter or facilitates the |
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person's entry into the leased premises under this section is not |
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liable for an act or omission that arises in connection with |
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permitting or facilitating the entry. |
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SECTION 2. Section 92.0162, Property Code, as added by this |
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Act, applies only to a lease agreement entered into on or after the |
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effective date of this Act. A lease agreement entered into before |
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the effective date of this Act is governed by the law in effect at |
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the time the lease agreement was entered into, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect January 1, 2020. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 69 was passed by the House on April |
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25, 2019, by the following vote: Yeas 116, Nays 12, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 69 was passed by the Senate on May 22, |
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2019, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |