S.B. No. 1186
AN ACT
relating to the effect that certain orders relating to family
violence and certain decisions regarding military service have on
residential leases; providing civil penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 92, Property Code, is
amended by adding Sections 92.016 and 92.017 to read as follows:
Sec. 92.016. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING
FAMILY VIOLENCE. (a) For purposes of this section:
(1) "Family violence" has the meaning assigned by
Section 71.004, Family Code.
(2) "Occupant" means a person who has the landlord's
consent to occupy a dwelling but has no obligation to pay the rent
for the dwelling.
(b) A tenant may terminate the tenant's rights and
obligations under a lease and may vacate the dwelling and avoid
liability for future rent and any other sums due under the lease for
terminating the lease and vacating the dwelling before the end of
the lease term if the tenant complies with Subsection (c) and
obtains and provides the landlord or the landlord's agent a copy of
one or more of the following orders protecting the tenant or an
occupant from family violence committed by a cotenant or occupant
of the dwelling:
(1) a temporary injunction issued under Subchapter F,
Chapter 6, Family Code; or
(2) a protective order issued under Chapter 85, Family
Code.
(c) A tenant may exercise the rights to terminate the lease
under Subsection (b), vacate the dwelling before the end of the
lease term, and avoid liability beginning on the date after all of
the following events have occurred:
(1) a judge signs an order described by Subsection
(b);
(2) the tenant has delivered a copy of the order to the
landlord; and
(3) the tenant has vacated the dwelling.
(d) Except as provided by Subsection (f), this section does
not affect a tenant's liability for delinquent, unpaid rent or
other sums owed to the landlord before the lease was terminated by
the tenant under this section.
(e) A landlord who violates this section is liable to the
tenant for actual damages, a civil penalty equal in amount to the
amount of one month's rent plus $500, and attorney's fees.
(f) A tenant who terminates a lease under Subsection (b) is
released from all liability for any delinquent, unpaid rent owed to
the landlord by the tenant on the effective date of the lease
termination if the lease does not contain language substantially
equivalent to the following:
"Tenants may have special statutory rights to
terminate the lease early in certain situations
involving family violence or a military deployment or
transfer."
(g) A tenant's right to terminate a lease before the end of
the lease term, vacate the dwelling, and avoid liability under this
section may not be waived by a tenant.
Sec. 92.017. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING
CERTAIN DECISIONS RELATED TO MILITARY SERVICE. (a) For purposes
of this section, "dependent," "military service," and
"servicemember" have the meanings assigned by 50 App. U.S.C.
Section 511.
(b) A tenant who is a servicemember or a dependent of a
servicemember may vacate the dwelling leased by the tenant and
avoid liability for future rent and all other sums due under the
lease for terminating the lease and vacating the dwelling before
the end of the lease term if:
(1) the lease was executed by or on behalf of a person
who, after executing the lease or during the term of the lease,
enters military service; or
(2) a servicemember, while in military service,
executes the lease and after executing the lease receives military
orders:
(A) for a permanent change of station; or
(B) to deploy with a military unit for a period of
90 days or more.
(c) A tenant who terminates a lease under Subsection (b)
shall deliver to the landlord or landlord's agent:
(1) a written notice of termination of the lease; and
(2) a copy of an appropriate government document
providing evidence of the tenant's entrance into military service
if Subsection (b)(1) applies or a copy of the servicemember's
military orders if Subsection (b)(2) applies.
(d) Termination of a lease under this section is effective:
(1) in the case of a lease that provides for monthly
payment of rent, on the 30th day after the first date on which the
next rental payment is due after the date on which the notice under
Subsection (c)(1) is delivered; or
(2) in the case of a lease other than a lease described
by Subdivision (1), on the last day of the month following the month
in which the notice under Subsection (c)(1) is delivered.
(e) A landlord, not later than the 30th day after the
effective date of the termination of a lease under this section,
shall refund to the residential tenant terminating the lease under
Subsection (b) all rent or other amounts paid in advance under the
lease for any period after the effective date of the termination of
the lease.
(f) Except as provided by Subsection (g), this section does
not affect a tenant's liability for delinquent, unpaid rent or
other sums owed to the landlord before the lease was terminated by
the tenant under this section.
(g) A tenant who terminates a lease under Subsection (b) is
released from all liability for any delinquent, unpaid rent owed to
the landlord by the tenant on the effective date of the lease
termination if the lease does not contain language substantially
equivalent to the following:
"Tenants may have special statutory rights to
terminate the lease early in certain situations
involving family violence or a military deployment or
transfer."
(h) A landlord who violates this section is liable to the
tenant for actual damages, a civil penalty in an amount equal to the
amount of one month's rent plus $500, and attorney's fees.
(i) Except as provided by Subsection (j), a tenant's right
to terminate a lease before the end of the lease term, vacate the
dwelling, and avoid liability under this section may not be waived
by a tenant.
(j) A tenant and a landlord may agree that the tenant waives
a tenant's rights under this section if the tenant or any dependent
living with the tenant moves into base housing or other housing
within 30 miles of the dwelling. A waiver under this section must
be signed and in writing in a document separate from the lease and
must comply with federal law. A waiver under this section does not
apply if:
(1) the tenant or the tenant's dependent moves into
housing owned or occupied by family or relatives of the tenant or
the tenant's dependent; or
(2) the tenant and the tenant's dependent move, wholly
or partly, because of a significant financial loss of income caused
by the tenant's military service.
(k) For purposes of Subsection (j), "significant financial
loss of income" means a reduction of 10 percent or more of the
tenant's household income caused by the tenant's military service.
A landlord is entitled to verify the significant financial loss of
income in order to determine whether a tenant is entitled to
terminate a lease if the tenant has signed a waiver under this
section and moves within 30 miles of the dwelling into housing that
is not owned or occupied by family or relatives of the tenant or the
tenant's dependent. For purposes of this subsection, a pay stub or
other statement of earnings issued by the tenant's employer is
sufficient verification.
SECTION 2. Section 92.006, Property Code, is amended by
adding Subsection (g) to read as follows:
(g) A tenant's right to vacate a dwelling and avoid
liability under Section 92.016 or 92.017 may not be waived by a
tenant or a landlord, except as provided by those sections.
SECTION 3. Any change in law made by Section 92.016, Section
92.017, or Subsection (g), Section 92.006, Property Code, as added
by this Act, applies only to a lease that is executed or renewed on
or after the applicable effective date of Section 92.016, Section
92.017, or Subsection (g), Section 92.006, Property Code, as added
by this Act. A lease that is executed or renewed before the
applicable effective date of Section 92.016, Section 92.017, or
Subsection (g), Section 92.006, Property Code, as added by this
Act, is governed by the law in effect at the time the lease was
executed or renewed, and that law is continued in effect for that
purpose.
SECTION 4. (a) Except as provided by Subsections (b) and
(c) of this section, this Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2005.
(b) Subsection (g), Section 92.017, Property Code, as added
by this Act, takes effect January 1, 2006.
(c) Section 92.016, Property Code, as added by this Act,
takes effect January 1, 2006.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1186 passed the Senate on
April 28, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1186 passed the House on
May 19, 2005, by the following vote: Yeas 141, Nays 0, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor