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AN ACT
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relating to a residential tenant's rights and remedies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 92.0081, Property Code, is amended by |
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amending Subsections (b), (d), and (h) and adding Subsections |
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(e-1), (k), and (l) to read as follows: |
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(b) A landlord may not intentionally prevent a tenant from |
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entering the leased premises except by judicial process unless the |
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exclusion results from: |
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(1) bona fide repairs, construction, or an emergency; |
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(2) removing the contents of premises abandoned by a |
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tenant; or |
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(3) changing the door locks on the door to the tenant's |
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individual unit of a tenant who is delinquent in paying at least |
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part of the rent. |
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(d) A landlord may not intentionally prevent a tenant from |
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entering the leased premises under Subsection (b)(3) unless: |
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(1) the landlord's right to change the locks because of |
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a tenant's failure to timely pay rent is placed in the lease; |
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(2) the tenant is delinquent in paying all or part of |
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the rent; and |
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(3) [(2)] the landlord has locally mailed not later |
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than the fifth calendar day before the date on which the door locks |
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are changed or hand-delivered to the tenant or posted on the inside |
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of the main entry door of the tenant's dwelling not later than the |
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third calendar day before the date on which the door locks are |
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changed a written notice stating: |
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(A) the earliest date that the landlord proposes |
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to change the door locks; |
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(B) the amount of rent the tenant must pay to |
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prevent changing of the door locks; [and] |
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(C) the name and street address of the individual |
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to whom, or the location of the on-site management office at which, |
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the delinquent rent may be discussed or paid during the landlord's |
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normal business hours; and |
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(D) in underlined or bold print, the tenant's |
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right to receive a key to the new lock at any hour, regardless of |
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whether the tenant pays the delinquent rent. |
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(e-1) A landlord who changes the locks or otherwise prevents |
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a tenant from entering the tenant's individual rental unit may not |
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change the locks or otherwise prevent a tenant from entering a |
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common area of residential rental property. |
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(h) If a landlord violates this section, the tenant may: |
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(1) either recover possession of the premises or |
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terminate the lease; and |
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(2) recover from the landlord a civil penalty of one |
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month's rent plus $1,000 [$500], actual damages, court costs, and |
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reasonable attorney's fees in an action to recover property |
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damages, actual expenses, or civil penalties, less any delinquent |
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rent or other sums for which the tenant is liable to the landlord. |
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(k) A landlord may not change the locks on the door of a |
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tenant's dwelling under Subsection (b)(3): |
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(1) when the tenant or any other legal occupant is in |
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the dwelling; or |
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(2) more than once during a rental payment period. |
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(l) This section does not affect the ability of a landlord |
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to pursue other available remedies, including the remedies provided |
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by Chapter 24. |
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SECTION 2. Section 92.0131, Property Code, is amended by |
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adding Subsection (c-1) to read as follows: |
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(c-1) As a precondition for allowing a tenant to park in a |
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specific parking space or a common parking area that the landlord |
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has made available for tenant use, the landlord may require a tenant |
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to provide only the make, model, color, year, license number, and |
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state of registration of the vehicle to be parked. |
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SECTION 3. Subchapter A, Chapter 92, Property Code, is |
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amended by adding Section 92.019 to read as follows: |
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Sec. 92.019. LATE PAYMENT OF RENT; FEES. (a) A landlord |
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may not charge a tenant a late fee for failing to pay rent unless: |
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(1) notice of the fee is included in a written lease; |
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(2) the fee is a reasonable estimate of uncertain |
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damages to the landlord that are incapable of precise calculation |
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and result from late payment of rent; and |
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(3) the rent remains unpaid after the second day after |
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the date the rent was originally due. |
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(b) A late fee under this section may include an initial fee |
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and a daily fee for each day the rent continues to remain unpaid. |
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(c) A landlord who violates this section is liable to the |
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tenant for an amount equal to the sum of $100, three times the |
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amount of the late fee charged in violation of this section, and the |
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tenant's reasonable attorney's fees. |
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(d) A provision of a lease that purports to waive a right or |
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exempt a party from a liability or duty under this section is void. |
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(e) This section relates only to a fee, charge, or other sum |
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of money required to be paid under the lease if rent is not paid as |
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provided by Subsection (a)(3), and does not affect the landlord's |
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right to terminate the lease or take other action permitted by the |
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lease or other law. Payment of the fee, charge, or other sum of |
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money by a tenant does not waive the right or remedies provided by |
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this section. |
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SECTION 4. Subchapter A, Chapter 92, Property Code, is |
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amended by adding Section 92.020 to read as follows: |
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Sec. 92.020. EMERGENCY PHONE NUMBER. (a) A landlord that |
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has an on-site management or superintendent's office for a |
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residential rental property must provide to a tenant a telephone |
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number that will be answered 24 hours a day for the purpose of |
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reporting emergencies related to a condition of the leased premises |
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that materially affects the physical health or safety of an |
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ordinary tenant. |
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(b) The landlord must post the phone number required by |
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Subsection (a) prominently outside the management or |
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superintendent's office. |
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(c) This section does not apply to or affect a local |
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ordinance governing a landlord's obligation to provide a 24-hour |
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emergency contact number to a tenant that is adopted before January |
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1, 2008, if the ordinance conforms with or is amended to conform |
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with this section. |
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(d) A landlord to whom Subsection (a) does not apply must |
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provide to a tenant a telephone number for the purpose of reporting |
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emergencies described by that subsection. |
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SECTION 5. Section 92.056, Property Code, is amended by |
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adding Subsection (g) to read as follows: |
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(g) A lease must contain language in underlined or bold |
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print that informs the tenant of the remedies available under this |
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section and Section 92.0561. |
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SECTION 6. The heading to Subchapter I, Chapter 92, |
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Property Code, is amended to read as follows: |
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SUBCHAPTER I. RENTAL APPLICATION [DEPOSITS] |
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SECTION 7. Section 92.351, Property Code, is amended by |
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adding Subdivisions (1-a) and (5-a) to read as follows: |
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(1-a) "Application fee" means a nonrefundable sum of |
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money that is given to the landlord to offset the costs of screening |
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an applicant for acceptance as a tenant. |
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(5-a) "Rental application" means a written request |
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made by an applicant to a landlord to lease premises from the |
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landlord. |
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SECTION 8. Subchapter I, Chapter 92, Property Code, is |
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amended by adding Section 92.3515 to read as follows: |
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Sec. 92.3515. NOTICE OF ELIGIBILITY REQUIREMENTS. (a) At |
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the time an applicant is provided with a rental application, the |
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landlord shall make available to the applicant printed notice of |
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the landlord's tenant selection criteria and the grounds for which |
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the rental application may be denied, including the applicant's: |
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(1) criminal history; |
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(2) previous rental history; |
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(3) current income; |
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(4) credit history; or |
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(5) failure to provide accurate or complete |
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information on the application form. |
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(b) If the landlord makes the notice available under |
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Subsection (a), the applicant shall sign an acknowledgment |
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indicating the notice was made available. If the acknowledgment is |
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not signed, there is a rebuttable presumption that the notice was |
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not made available to the applicant. |
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(c) The acknowledgment required by Subsection (b) must |
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include a statement substantively equivalent to the following: |
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"Signing this acknowledgment indicates that you have had the |
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opportunity to review the landlord's tenant selection criteria. |
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The tenant selection criteria may include factors such as criminal |
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history, credit history, current income, and rental history. If |
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you do not meet the selection criteria, or if you provide inaccurate |
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or incomplete information, your application may be rejected and |
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your application fee will not be refunded." |
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(d) The acknowledgment may be part of the rental application |
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if the notice is underlined or in bold print. |
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(e) If the landlord rejects an applicant and the landlord |
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has not made the notice required by Subsection (a) available, the |
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landlord shall return the application fee and any application |
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deposit. |
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(f) If an applicant requests a landlord to mail a refund of |
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the applicant's application fee to the applicant, the landlord |
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shall mail the refund check to the applicant at the address |
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furnished by the applicant. |
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SECTION 9. Section 92.354, Property Code, is amended to |
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read as follows: |
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Sec. 92.354. LIABILITY OF LANDLORD. A landlord who in bad |
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faith fails to refund an application fee or deposit in violation of |
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this subchapter is liable for an amount equal to the sum of $100, |
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three times the amount wrongfully retained [of the application
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deposit], and the applicant's reasonable attorney's fees [in a suit
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to recover the deposit]. |
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SECTION 10. Subchapter I, Chapter 92, Property Code, is |
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amended by adding Section 92.355 to read as follows: |
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Sec. 92.355. WAIVER. A provision of a rental application |
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that purports to waive a right or exempt a party from a liability or |
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duty under this subchapter is void. |
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SECTION 11. This Act applies only to a lease agreement or a |
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renewal of a lease agreement entered into, or a rental application |
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received by an applicant, on or after the effective date of this |
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Act. A lease agreement or a renewal of a lease agreement entered |
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into, or a rental application received by an applicant, before the |
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effective date of this Act is covered by the law in effect at the |
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time the lease agreement or renewal of the lease agreement was |
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entered into or the rental application was received, and the former |
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law is continued in effect for that purpose. |
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SECTION 12. This Act takes effect January 1, 2008. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3101 was passed by the House on May 4, |
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2007, by the following vote: Yeas 120, Nays 24, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 3101 on May 25, 2007, by the following vote: Yeas 124, Nays 12, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3101 was passed by the Senate, with |
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amendments, on May 23, 2007, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |