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A BILL TO BE ENTITLED
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AN ACT
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relating to the notice period for certain evictions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 24.005, Property Code, is amended by |
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amending Subsections (a) and (b) and adding Subsection (b-1) to |
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read as follows: |
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(a) Except as otherwise provided by Subsection (b-1), if |
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[If] the occupant is a tenant under a written lease or oral rental |
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agreement, the landlord must give a tenant who defaults or holds |
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over beyond the end of the rental term or renewal period at least 14 |
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[three] days' written notice to vacate the premises before the |
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landlord files a forcible detainer suit, unless the parties have |
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contracted for a shorter or longer notice period in a written lease |
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or agreement. A landlord who files a forcible detainer suit on |
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grounds that the tenant is holding over beyond the end of the rental |
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term or renewal period must also comply with the tenancy |
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termination requirements of Section 91.001. |
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(b) Except as otherwise provided by Subsection (b-1), if |
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[If] the occupant is a tenant at will or by sufferance, the landlord |
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must give the tenant at least 14 [three] days' written notice to |
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vacate before the landlord files a forcible detainer suit unless |
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the parties have contracted for a shorter or longer notice period in |
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a written lease or agreement. If a building is purchased at a tax |
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foreclosure sale or a trustee's foreclosure sale under a lien |
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superior to the tenant's lease and the tenant timely pays rent and |
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is not otherwise in default under the tenant's lease after |
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foreclosure, the purchaser must give a residential tenant of the |
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building at least 30 days' written notice to vacate if the purchaser |
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chooses not to continue the lease. The tenant is considered to |
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timely pay the rent under this subsection if, during the month of |
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the foreclosure sale, the tenant pays the rent for that month to the |
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landlord before receiving any notice that a foreclosure sale is |
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scheduled during the month or pays the rent for that month to the |
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foreclosing lienholder or the purchaser at foreclosure not later |
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than the fifth day after the date of receipt of a written notice of |
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the name and address of the purchaser that requests payment. Before |
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a foreclosure sale, a foreclosing lienholder may give written |
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notice to a tenant stating that a foreclosure notice has been given |
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to the landlord or owner of the property and specifying the date of |
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the foreclosure. |
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(b-1) Notwithstanding Subsections (a) and (b), if the |
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landlord terminates the lease as provided by Section 91.003, the |
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landlord may file a forcible detainer suit on or after the third day |
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after the date the landlord gives notice to a tenant under a written |
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lease or oral rental agreement or at will or by sufferance. |
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SECTION 2. The changes in law made by this Act apply only to |
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an eviction suit in which the notice to vacate is given on or after |
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the effective date of this Act. An eviction suit in which the notice |
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to vacate is given before the effective date of this Act is governed |
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by the law as it existed immediately before the effective date of |
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this Act, and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2025. |