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A BILL TO BE ENTITLED
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AN ACT
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relating to notice and opportunity to cure that must be given before |
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filing an eviction suit. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 24.005, Property Code, is |
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amended to read as follows: |
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Sec. 24.005. NOTICE TO CURE DEFAULT; NOTICE TO VACATE PRIOR |
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TO FILING EVICTION SUIT. |
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SECTION 2. Section 24.005, Property Code, is amended by |
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amending Subsection (a) and adding Subsections (a-1) and (a-2) to |
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read as follows: |
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(a) Subject to Subsections (a-1) and (a-2), if [If] the |
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occupant is a tenant under a written lease or oral rental agreement, |
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the landlord must give a tenant who defaults or holds over beyond |
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the end of the rental term or renewal period at least three days' |
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written notice to vacate the premises before the landlord files a |
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forcible detainer suit[, unless the parties have contracted for a |
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shorter or longer notice period in a written lease or agreement]. A |
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landlord who files a forcible detainer suit on grounds that the |
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tenant is holding over beyond the end of the rental term or renewal |
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period must also comply with the tenancy termination requirements |
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of Section 91.001. |
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(a-1) The landlord must give a residential tenant who |
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defaults for nonpayment of rent written notice demanding payment of |
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delinquent rent and an opportunity to cure the default by paying the |
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delinquent rent, except as otherwise provided by this subsection. |
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If the tenant fails to cure the default on or before the fifth |
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calendar day after the delivery of the written notice under this |
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subsection, the landlord may issue the notice to vacate under |
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Subsection (a). The written notice under this subsection must be |
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given in accordance with Subsection (f) or (f-1) and must state that |
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if the default is not cured within five calendar days, the landlord |
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may give notice to vacate. Unless the lease provides otherwise, a |
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tenant may not cure a default for nonpayment of rent under this |
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subsection more than one time in any 12-month period. |
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(a-2) The landlord must give a residential tenant who |
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defaults for a reason other than nonpayment of rent written notice |
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specifying the default and an opportunity to cure the default, if |
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the reason for the default can be cured. If the tenant fails to cure |
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the default on or before the fifth calendar day after the delivery |
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of the written notice under this subsection, the landlord may issue |
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the notice to vacate under Subsection (a). The written notice under |
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this subsection must be given in accordance with Subsection (f) or |
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(f-1) and must state that if the default is not cured within five |
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calendar days, the landlord may give notice to vacate. |
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SECTION 3. The changes in law made by this Act to Section |
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24.005, Property Code, apply only to a notice to vacate given on or |
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after the effective date of this Act. A notice to vacate given |
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before the effective date of this Act 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 4. This Act takes effect September 1, 2023. |