Bill Text: TX HB3564 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to remedies after certain casualty losses to residential rental premises.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-05-09 - Placed on General State Calendar [HB3564 Detail]
Download: Texas-2019-HB3564-Comm_Sub.html
86R22248 PMO-F | |||
By: Farrar | H.B. No. 3564 | ||
Substitute the following for H.B. No. 3564: | |||
By: Collier | C.S.H.B. No. 3564 |
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relating to remedies after certain casualty losses to residential | ||
rental premises. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 92.054, Property Code, is amended by | ||
amending Subsections (b) and (c) and adding Subsections (b-1), | ||
(b-2), (b-3), (b-4), (b-5), (d), (e), (f), (g), (h), and (i) to read | ||
as follows: | ||
(b) If after a casualty loss the rental premises are as a | ||
practical matter totally unusable for residential purposes and if | ||
the casualty loss is not caused by the negligence or fault of the | ||
tenant, a member of the tenant's family, or a guest or invitee of | ||
the tenant, either the landlord or the tenant may terminate the | ||
lease by giving written notice to the other any time before repairs | ||
are completed. | ||
(b-1) A notice described by Subsection (b) must be sent: | ||
(1) to a landlord: | ||
(A) by hand delivery to the landlord or the | ||
landlord's representative; | ||
(B) on the same day by: | ||
(i) e-mail to an e-mail address that the | ||
tenant and the landlord regularly used to communicate about the | ||
rental premises; and | ||
(ii) the method described by Paragraph (C); | ||
(C) by mail to: | ||
(i) the forwarding address that the | ||
landlord provided to the tenant by e-mail or otherwise; or | ||
(ii) if the landlord did not provide a | ||
forwarding address to the tenant, the place where the tenant | ||
normally pays rent; or | ||
(D) by any other method, manner, or means of | ||
delivery to which the landlord and tenant agree after the casualty | ||
loss; or | ||
(2) to a tenant: | ||
(A) by hand delivery; | ||
(B) on the same day by: | ||
(i) e-mail to an e-mail address that the | ||
tenant and the landlord regularly used to communicate about the | ||
rental premises; and | ||
(ii) the method described by Paragraph (C); | ||
(C) by mail to: | ||
(i) the forwarding address that the tenant | ||
provided to the landlord by e-mail or otherwise; or | ||
(ii) if the tenant did not provide a | ||
forwarding address to the landlord, the tenant's rental premises; | ||
or | ||
(D) by any other method, manner, or means of | ||
delivery to which the landlord and tenant agree after the casualty | ||
loss. | ||
(b-2) A termination of a lease as authorized by Subsection | ||
(b) may not take effect before the seventh day after the date the | ||
notice is delivered. If more than one method under Subsection (b-1) | ||
is used to provide notice, the method under which the notice was | ||
delivered on the earliest date applies for purposes of this | ||
subsection. | ||
(b-3) A landlord may not charge rent for the rental premises | ||
and rent for the rental premises may not accrue after the date: | ||
(1) the lease is terminated under this section; and | ||
(2) the tenant has vacated the rental premises. | ||
(b-4) Subject to Subsection (b-5), the landlord, not later | ||
than the 30th day after the date [ |
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this section and the tenant has vacated the rental premises, shall | ||
refund to the tenant any prepaid rent and prorated [ |
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deductions. A landlord may not include in the lawful deductions any | ||
damages incurred due to the casualty loss [ |
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(b-5) If a landlord is unable to send to the tenant a refund | ||
under Subsection (b-4) because the tenant has not provided a | ||
forwarding address to the landlord, the 30-day period under | ||
Subsection (b-4) is tolled until the date the tenant provides a | ||
forwarding address to the landlord. | ||
(c) If after a casualty loss the rental premises are | ||
partially unusable for residential purposes and if the casualty | ||
loss is not caused by the negligence or fault of the tenant, a | ||
member of the tenant's family, or a guest or invitee of the tenant, | ||
the tenant is entitled to reduction in the rent in an amount that is | ||
proportionate to the extent the premises are unusable because of | ||
the casualty loss for the month in which the casualty loss occurs | ||
and any subsequent months in the lease term in which the rental | ||
premises are partially unusable for residential purposes[ |
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(d) A tenant entitled to a reduction in rent under | ||
Subsection (c) must give written notice to the individual to whom or | ||
the entity to which the tenant normally pays rent. The notice must: | ||
(1) identify the portion of the rental premises that | ||
is partially unusable for residential purposes; | ||
(2) state the proposed amount of reduction in rent | ||
that the tenant believes is appropriate; and | ||
(3) state that the tenant intends to file suit against | ||
the landlord if the landlord does not agree to the proposed | ||
reduction in rent on or before the 10th day after the date the | ||
landlord receives the notice under this subsection. | ||
(e) Not later than the 10th day after the date the landlord | ||
receives the notice under Subsection (d), the landlord must provide | ||
to the tenant a written response agreeing or objecting to the | ||
tenant's right to a reduction in rent due to casualty loss and the | ||
proposed amount. A landlord's failure to timely provide a written | ||
response under this subsection is considered an agreement by the | ||
landlord to the tenant's right to a reduction in rent and the | ||
proposed amount of the reduction and the tenant may withhold the | ||
proposed amount from a rent payment. | ||
(f) If the landlord and tenant are unable to agree on | ||
whether the tenant is entitled to a reduction in rent or on the | ||
amount of the proposed reduction, either party may file suit in | ||
justice, county, or district court. The court shall determine | ||
whether the tenant is entitled to a reduction in rent and, if so, | ||
the amount of the reduction that is proportionate to the extent the | ||
premises are unusable due to the casualty loss. | ||
(g) If a suit is filed under Subsection (f), the tenant is | ||
liable for rent due under the lease until the date the court enters | ||
a final judgment in the action or the parties reach an agreement to | ||
settle the dispute. | ||
(h) If a suit is filed in a justice court under Subsection | ||
(f), the justice court shall conduct a hearing on the matter not | ||
earlier than the sixth day after the date of service of citation and | ||
not later than the 10th day after that date. | ||
(i) It is a defense in a proceeding to recover possession of | ||
a rental premises after the landlord terminates a lease under | ||
Subsection (b) that the premises are usable for residential | ||
purposes. | ||
SECTION 2. The changes to 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 as it existed immediately before | ||
the effective date of this Act, and that law is continued in effect | ||
for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2019. |