Bill Text: TX HB1519 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to fees regarding a residential tenant's failure to timely pay rent.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2019-03-26 - Left pending in committee [HB1519 Detail]
Download: Texas-2019-HB1519-Introduced.html
86R10258 TYPED | ||
By: Phelan | H.B. No. 1519 |
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relating to fees regarding a residential tenant's failure to timely | ||
pay rent. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 92.019, Property Code, is amended by | ||
amending Subsections (a), (b), and (c) and adding Subsections (a-1) | ||
and (a-2) to read as follows: | ||
(a) A landlord may not collect from [ |
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fee for failing to pay any portion of the tenant's rent unless: | ||
(1) notice of the fee is included in a written lease; | ||
(2) the fee is [ |
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rent to the landlord [ |
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and result from late payment of rent; and | ||
(3) any portion of the rent has remained unpaid one | ||
full day after the date the rent was originally due. | ||
(a-1) To determine the damages described by Subsection | ||
(a)(2), a landlord may consider any direct or indirect expenses | ||
related to the tenant's late payment incurred by the landlord, | ||
including direct or indirect costs, expenses, or overhead | ||
associated with the landlord's process established to collect late | ||
payments. | ||
(a-2) A late fee collected from a tenant of an apartment | ||
house complies with Subsection (a)(2) if the late fee does not | ||
exceed the greater of $150 or ten percent of the amount of rent for | ||
the rental pay period under the lease. For purposes of this | ||
subsection, "apartment house" means a building that contains five | ||
or more dwelling units. | ||
(b) A late fee under this section may include an initial fee | ||
and a daily fee for each day any portion of the rent continues to | ||
remain unpaid, and the combined fees are considered a single late | ||
fee for purposes of this section. | ||
(c) A landlord who violates this section is liable to the | ||
tenant for an amount equal to the sum of $100, three times the | ||
amount of the late fee collected [ |
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section, and the tenant's reasonable attorney's fees. | ||
SECTION 2. This Act takes effect September 1, 2019. |