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A BILL TO BE ENTITLED
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AN 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) The estate or a family member of a tenant who |
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dies before the expiration of the tenant's lease may terminate the |
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tenant's rights and obligations under the lease and may vacate the |
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dwelling and avoid liability for future rent and any other sums due |
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under the lease for terminating the lease and vacating the dwelling |
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before the end of the lease term after the estate or the family |
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member of the deceased tenant complies with Subsection (b). |
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(b) The estate or a family member of the deceased tenant |
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exercising the rights under Subsection (a) must: |
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(1) provide to the landlord timely notice: |
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(A) informing the landlord of the tenant's death; |
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and |
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(B) identifying the representative of the estate |
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or family member of the deceased tenant acting as authorized under |
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this section; |
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(2) remove the deceased tenant's property and |
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otherwise vacate the premises on or before the next date on which |
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rent would be due under the lease; and |
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(3) otherwise comply with the terms of the lease, |
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including: |
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(A) paying delinquent rent payments and other |
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delinquent amounts due under the lease; and |
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(B) repairing any damage to the premises unless |
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the condition was caused by normal wear and tear. |
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(c) On receipt of the notice provided under Subsection (b), |
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the landlord shall provide a copy of the written lease agreement to |
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the person identified in the notice. |
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(d) If the representative of the tenant's estate or the |
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tenant's family member fails to vacate the premises or to otherwise |
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comply with the lease agreement as provided by Subsection (b), the |
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tenant's estate: |
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(1) is liable for rent payments for any period during |
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which the premises remain occupied; and |
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(2) may be subject to any other penalty imposed by the |
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lease. |
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(e) A landlord may not impose any penalty, including an |
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early move-out or reletting charge, for the sole reason that the |
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lease was terminated because of a tenant's death. A lease provision |
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that imposes a penalty under the circumstances described by this |
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subsection is void. |
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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 September 1, 2019. |