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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 Subsections (a) and (f) and adding Subsections (a-1) and |
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(a-2) to 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. If the tenant fails to cure the default on or |
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before the seventh day after the delivery of the written notice |
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under this subsection, the landlord may issue the notice to vacate |
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under Subsection (a). The written notice under this subsection |
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must be given in accordance with Subsection (f) or (f-1) and must |
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state that if the default is not cured within seven days, the |
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landlord may give notice to vacate. |
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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 seventh day after the delivery of the |
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written notice under this subsection, the landlord may issue the |
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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 seven |
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days, the landlord may give notice to vacate. |
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(f) Except as provided by Subsection (f-1), the notice to |
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vacate shall be given in person or by mail at the premises in |
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question. Notice in person may be by personal delivery to the |
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tenant or any person residing at the premises who is 16 years of age |
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or older or personal delivery to the premises and affixing the |
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notice to the inside of the main entry door. Notice by mail must |
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[may] be by [regular mail, by registered mail, or by] certified |
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mail, return receipt requested, to the premises in question. |
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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. |