| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to certain obligations of and limitations on landlords. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 92.056 (a) (3), Property Code, is |
|
|
amended to read as follows: |
|
|
Sec. 92.056. LANDLORD LIABILITY AND TENANT REMEDIES; NOTICE |
|
|
AND TIME FOR REPAIR. (a) A landlord's liability under this |
|
|
section is subject to Section 92.052(b) regarding conditions that |
|
|
are caused by a tenant and Section 92.054 regarding conditions that |
|
|
are insured casualties. |
|
|
(b) A landlord is liable to a tenant as provided by this |
|
|
subchapter if: |
|
|
(1) the tenant has given the landlord notice to repair |
|
|
or remedy a condition by giving that notice to the person to whom or |
|
|
to the place where the tenant's rent is normally paid; |
|
|
(2) the condition materially affects the physical |
|
|
health or safety of an ordinary tenant; |
|
|
(3) the tenant has given the landlord a subsequent |
|
|
written notice to repair or remedy the condition after a reasonable |
|
|
time to repair or remedy the condition following the notice given |
|
|
under Subdivision (1) or the tenant has given the notice under |
|
|
Subdivision (1) by sending that notice by certified mail, return |
|
|
receipt requested, or by registered mail;, or any trackable form of |
|
|
delivery from the U.S. Postal Service or a private delivery |
|
|
service. |
|
|
SECTION 2. Section 92.103, Property Code, is amended to |
|
|
read as follows: |
|
|
Sec. 92.103 OBLIGATION TO REFUND AND NOTIFY TENANT OF DAMAGES |
|
|
AND CHARGES. (a) Except as provided by Section 92.107, the |
|
|
landlord shall refund a security deposit to the tenant on or before |
|
|
the 30th day after the date the tenate surrenders the premises. |
|
|
(b) A requirement that a tenant give advance notice of |
|
|
surrender as a condition for refunding the security deposit is |
|
|
effective only if the requirement is underlined or is printed in |
|
|
conspicuous bold print in the lease. |
|
|
(c) If there is no deposit placed under the lease and the |
|
|
landlord claims the tenant owes for damages, the landlord shall |
|
|
notify the tenant in writing of any damages and charges on or before |
|
|
the 30th day after the date the tenant surrenders the premises. |
|
|
SECTION 3. Section 92.006, Property Code, is amended to |
|
|
read as follows: |
|
|
Sec. 92.006. WAIVER OR EXPANSION OF DUTIES AND REMEDIES. |
|
|
(a) A landlord's duty or a tenant's remedy concerning security |
|
|
deposits, security devices, the landlord's disclosure of ownership |
|
|
and management, or utility cutoffs, as provided by Subchapter C, D, |
|
|
E, or G, respectively, may not be waived. A landlord's duty to |
|
|
install a smoke alarm under Subchapter F may not be waived, nor may |
|
|
a tenant waive a remedy for the landlord's noninstallation or waive |
|
|
the tenant's limited right of installation and removal. The |
|
|
landlord's duty of inspection and repair of smoke alarms under |
|
|
Subchapter F may be waived only by written agreement. |
|
|
(b) A landlord's duties and the tenant's remedies concerning |
|
|
security devices, the landlord's disclosure of ownership and |
|
|
management, or smoke alarms, as provided by Subchapter D, E, or F, |
|
|
respectively, may be enlarged only by specific written agreement. |
|
|
(c) A landlord's duties and the tenant's remedies under |
|
|
Subchapter B, which covers conditions materially affecting the |
|
|
physical health or safety of the ordinary tenant, may not be waived |
|
|
except as provided in Subsections (d), (e), and (f) of this section. |
|
|
(d) A landlord and a tenant may agree for the tenant to |
|
|
repair or remedy, at the landlord's expense, any condition covered |
|
|
by Subchapter B. |
|
|
(e) A landlord and a tenant may agree for the tenant to |
|
|
repair or remedy, at the tenant's expense, any condition covered by |
|
|
Subchapter B if all of the following conditions are met: |
|
|
(1) at the beginning of the lease term the landlord |
|
|
owns only one rental dwelling; |
|
|
(2) at the beginning of the lease term the dwelling is |
|
|
free from any condition which would materially affect the physical |
|
|
health or safety of an ordinary tenant; |
|
|
(3) at the beginning of the lease term the landlord has |
|
|
no reason to believe that any condition described in Subdivision |
|
|
(2) of this subsection is likely to occur or recur during the |
|
|
tenant's lease term or during a renewal or extension; and |
|
|
(4)(A) the lease is in writing; |
|
|
(B) the agreement for repairs by the tenant is |
|
|
either underlined or printed in boldface in the lease or in a |
|
|
separate written addendum; |
|
|
(C) the agreement is specific and clear; and |
|
|
(D) the agreement is made knowingly, |
|
|
voluntarily, and for consideration. |
|
|
(f) A landlord and tenant may agree that, except for those |
|
|
conditions caused by the negligence of the landlord, the tenant has |
|
|
the duty to pay for repair of the following conditions that may |
|
|
occur during the lease term or a renewal or extension: |
|
|
(1) damage from wastewater stoppages caused by foreign |
|
|
or improper objects in lines that exclusively serve the tenant's |
|
|
dwelling; |
|
|
(2) damage to doors, windows, or screens; and |
|
|
(3) damage from windows or doors left open. |
|
|
This subsection shall not affect the landlord's duty under |
|
|
Subchapter B to repair or remedy, at the landlord's expense, |
|
|
wastewater stoppages or backups caused by deterioration, breakage, |
|
|
roots, ground conditions, faulty construction, or malfunctioning |
|
|
equipment. A landlord and tenant may agree to the provisions of |
|
|
this subsection only if the agreement meets the requirements of |
|
|
Subdivision (4) of Subsection (e) of this section. |
|
|
(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. |
|
|
(h) A tenant's right to a jury trial may not be waived. |
|
|
SECTION 4. Section 54.046, Property Code, is amended to |
|
|
read as follows: |
|
|
Sec. 54.046. VIOLATION BY LANDLORD. If a landlord or the |
|
|
landlord's agent wilfully violates this subchapter, the tenant is |
|
|
entitled to: |
|
|
(1) actual damages, return of any property seized that |
|
|
has not been sold, return of the proceeds of any sale of seized |
|
|
property, and one month's rent or $500 plus $1,000, whichever is
|
|
|
greater, less any amount for which the tenant is liable; and |
|
|
(2) reasonable attorney's fees. |
|
|
SECTION 5. Section 92.105, Property Code, is amended to |
|
|
read as follows: |
|
|
Sec. 92.105. CESSATION OF OWNER'S INTEREST. (a) If the |
|
|
owner's interest in the premises is terminated by sale, assignment, |
|
|
death, appointment of a receiver, bankruptcy, or otherwise, the new |
|
|
owner is liable for the return of security deposits according to |
|
|
this subchapter from the date title to the premises is acquired,
|
|
|
regardless of whether notice is given to the tenant under
|
|
|
Subsection (b) of this section. |
|
|
(b) The person who no longer owns an interest in the rental |
|
|
premises remains liable for a security deposit received while the
|
|
|
person was the owner until the new owner shall delivers to the |
|
|
tenant a signed statement acknowledging that the new owner has |
|
|
received and is responsible for the tenant's security deposit and |
|
|
specifying the exact dollar amount of the deposit. |
|
|
SECTION 6. This Act takes effect January 1, 2016. |