Bill Text: TX HB2617 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the rights of a residential tenant and duties of a landlord regarding a security deposit provided by the tenant.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2021-04-20 - Left pending in committee [HB2617 Detail]
Download: Texas-2021-HB2617-Introduced.html
| 87R8326 MWC-D | ||
| By: Lopez | H.B. No. 2617 | |
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| relating to the rights of a residential tenant and duties of a | ||
| landlord regarding a security deposit provided by the tenant. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 92.104, Property Code, is amended by | ||
| adding Subsection (d) to read as follows: | ||
| (d) At the request of a tenant, a landlord who is required to | ||
| give the tenant a written description and itemized list of | ||
| deductions under Subsection (c) shall give the tenant receipts for | ||
| expenditures by the landlord to support the deductions, including | ||
| receipts for materials and labor. | ||
| SECTION 2. Subchapter C, Chapter 92, Property Code, is | ||
| amended by adding Section 92.1042 to read as follows: | ||
| Sec. 92.1042. DEDUCTIONS EXCEEDING SECURITY DEPOSIT; | ||
| REQUIRED NOTICE. (a) If a landlord determines that permissible | ||
| deductions and charges under Section 92.104 exceed the amount of | ||
| the security deposit, the landlord shall notify the tenant in | ||
| writing of the landlord's claim for damages and charges described | ||
| by Section 92.104(a) not later than the 60th day before the date the | ||
| landlord reports the claim for nonpayment to a consumer reporting | ||
| agency or third-party debt collector. Notice to the tenant under | ||
| this subsection must include the identity of any consumer reporting | ||
| agency, third-party debt collector, or other person to which the | ||
| landlord intends to report the claim. | ||
| (b) A landlord is not required to provide the notice under | ||
| Subsection (a) if the tenant has not given the landlord a written | ||
| statement of the tenant's forwarding address for the purpose | ||
| specified by Section 92.107. | ||
| (c) If a landlord does not provide the tenant the notice as | ||
| required by this section, the landlord: | ||
| (1) forfeits the right to withhold any portion of the | ||
| security deposit or to bring suit against the tenant for damages to | ||
| the premises; and | ||
| (2) is liable for the tenant's reasonable attorney's | ||
| fees in a suit to recover the deposit. | ||
| SECTION 3. Section 92.109(b), Property Code, is amended to | ||
| read as follows: | ||
| (b) A landlord who in bad faith does not provide a written | ||
| description and itemized list of damages and charges under Section | ||
| 92.104(c) or receipts related to the charges, if requested by the | ||
| tenant under Section 92.104(d), in violation of this subchapter: | ||
| (1) forfeits the right to withhold any portion of the | ||
| security deposit or to bring suit against the tenant for damages to | ||
| the premises; and | ||
| (2) is liable for the tenant's reasonable attorney's | ||
| fees in a suit to recover the deposit. | ||
| SECTION 4. Subchapter C, Chapter 92, Property Code, is | ||
| amended by adding Section 92.1091 to read as follows: | ||
| Sec. 92.1091. REQUIRED PROVISION REGARDING LANDLORD | ||
| LIABILITY. If a lease includes a provision requiring the tenant to | ||
| pay a security deposit, the lease must include a provision that | ||
| states the substance of Section 92.109. | ||
| SECTION 5. The changes in law made by this Act apply only to | ||
| a lease entered into or renewed on or after the effective date of | ||
| this Act. A lease entered into or renewed before the effective date | ||
| of this Act is governed by the law in effect immediately before the | ||
| effective date of this Act, and that law is continued in effect for | ||
| that purpose. | ||
| SECTION 6. This Act takes effect September 1, 2021. | ||
