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A BILL TO BE ENTITLED
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AN ACT
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relating to remedies after certain casualty losses to residential |
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rental premises. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 92.054, Property Code, is amended by |
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amending Subsections (b) and (c) and adding Subsections (b-1), |
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(b-2), (b-3), (b-4), (b-5), (d), (e), (f), (g), (h), and (i) to read |
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as follows: |
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(b) If after a casualty loss the rental premises are as a |
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practical matter totally unusable for residential purposes and if |
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the casualty loss is not caused by the negligence or fault of the |
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tenant, a member of the tenant's family, or a guest or invitee of |
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the tenant, either the landlord or the tenant may terminate the |
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lease by giving written notice to the other any time before repairs |
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are completed. |
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(b-1) A notice described by Subsection (b) must be sent: |
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(1) to a landlord: |
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(A) by hand delivery to the landlord or the |
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landlord's representative; |
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(B) on the same day by: |
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(i) e-mail to an e-mail address that the |
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tenant and the landlord regularly used to communicate about the |
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rental premises; and |
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(ii) the method described by Paragraph (C); |
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(C) by mail to: |
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(i) the forwarding address that the |
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landlord provided to the tenant by e-mail or otherwise; or |
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(ii) if the landlord did not provide a |
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forwarding address to the tenant, the place where the tenant |
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normally pays rent; or |
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(D) by any other method, manner, or means of |
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delivery to which the landlord and tenant agree after the casualty |
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loss; or |
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(2) to a tenant: |
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(A) by hand delivery; |
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(B) on the same day by: |
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(i) e-mail to an e-mail address that the |
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tenant and the landlord regularly used to communicate about the |
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rental premises; and |
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(ii) the method described by Paragraph (C); |
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(C) by mail to: |
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(i) the forwarding address that the tenant |
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provided to the landlord by e-mail or otherwise; or |
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(ii) if the tenant did not provide a |
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forwarding address to the landlord, the tenant's rental premises; |
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or |
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(D) by any other method, manner, or means of |
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delivery to which the landlord and tenant agree after the casualty |
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loss. |
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(b-2) A termination of a lease as authorized by Subsection |
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(b) may not take effect before the seventh day after the date the |
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notice is delivered. If more than one method under Subsection (b-1) |
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is used to provide notice, the method under which the notice was |
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delivered on the earliest date applies for purposes of this |
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subsection. |
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(b-3) A landlord may not charge rent for the rental premises |
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and rent for the rental premises may not accrue after the date: |
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(1) the lease is terminated under this section; and |
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(2) the tenant has vacated the rental premises. |
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(b-4) Subject to Subsection (b-5), the landlord, not later |
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than the 30th day after the date [If] the lease is terminated under |
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this section and the tenant has vacated the rental premises, shall |
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refund to the tenant any prepaid rent and prorated [is entitled only
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to a pro rata refund of] rent and all deposits, less lawful |
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deductions. A landlord may not include in the lawful deductions any |
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damages incurred due to the casualty loss [from the date the tenant
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moves out and to a refund of any security deposit otherwise required
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by law]. |
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(b-5) If a landlord is unable to send to the tenant a refund |
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under Subsection (b-4) because the tenant has not provided a |
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forwarding address to the landlord, the 30-day period under |
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Subsection (b-4) is tolled until the date the tenant provides a |
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forwarding address to the landlord. |
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(c) If after a casualty loss the rental premises are |
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partially unusable for residential purposes and if the casualty |
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loss is not caused by the negligence or fault of the tenant, a |
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member of the tenant's family, or a guest or invitee of the tenant, |
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the tenant is entitled to reduction in the rent in an amount that is |
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proportionate to the extent the premises are unusable because of |
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the casualty loss for the month in which the casualty loss occurs |
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and any subsequent months in the lease term in which the rental |
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premises are partially unusable for residential purposes[, but only
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on judgment of a county or district court. A landlord and tenant may
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agree otherwise in a written lease]. |
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(d) A tenant entitled to a reduction in rent under |
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Subsection (c) must give written notice to the individual to whom or |
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the entity to which the tenant normally pays rent. The notice must: |
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(1) identify the portion of the rental premises that |
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is partially unusable for residential purposes; |
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(2) state the proposed amount of reduction in rent |
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that the tenant believes is appropriate; and |
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(3) state that the tenant intends to file suit against |
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the landlord if the landlord does not agree to the proposed |
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reduction in rent on or before the 10th day after the date the |
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landlord receives the notice under this subsection. |
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(e) Not later than the 10th day after the date the landlord |
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receives the notice under Subsection (d), the landlord must provide |
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to the tenant a written response agreeing or objecting to the |
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tenant's right to a reduction in rent due to casualty loss and the |
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proposed amount. A landlord's failure to timely provide a written |
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response under this subsection is considered an agreement by the |
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landlord to the tenant's right to a reduction in rent and the |
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proposed amount of the reduction and the tenant may withhold the |
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proposed amount from a rent payment. |
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(f) If the landlord and tenant are unable to agree on |
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whether the tenant is entitled to a reduction in rent or on the |
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amount of the proposed reduction, either party may file suit in |
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justice, county, or district court. The court shall determine |
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whether the tenant is entitled to a reduction in rent and, if so, |
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the amount of the reduction that is proportionate to the extent the |
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premises are unusable due to the casualty loss. |
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(g) If a suit is filed under Subsection (f), the tenant is |
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liable for rent due under the lease until the date the court enters |
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a final judgment in the action or the parties reach an agreement to |
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settle the dispute. |
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(h) If a suit is filed in a justice court under Subsection |
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(f), the justice court shall conduct a hearing on the matter not |
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earlier than the sixth day after the date of service of citation and |
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not later than the 10th day after that date. |
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(i) It is a defense in a proceeding to recover possession of |
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a rental premises after the landlord terminates a lease under |
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Subsection (b) that the premises are usable for residential |
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purposes. |
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SECTION 2. The changes to law made by this Act apply only to |
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a lease entered into or renewed on or after the effective date of |
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this Act. A lease entered into or renewed before the effective date |
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of this Act is governed by the law as it existed immediately before |
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the effective date of this Act, and that law is continued in effect |
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for that purpose. |
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SECTION 3. This Act takes effect September 1, 2019. |