Bill Text: TX HB69 | 2019-2020 | 86th Legislature | Enrolled


Bill Title: Relating to the right to vacate and avoid liability under a residential lease after a tenant's death.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Enrolled) 2019-06-15 - Effective on 1/1/20 [HB69 Detail]

Download: Texas-2019-HB69-Enrolled.html
 
 
  H.B. No. 69
 
 
 
 
A
 
N ACT
  relating to the right to vacate and avoid liability under a
  residential lease after a tenant's death.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 92, Property Code, is
  amended by adding Section 92.0162 to read as follows:
         Sec. 92.0162.  RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING
  TENANT'S DEATH. (a) A representative of the estate of a tenant who
  dies before the expiration of the tenant's lease and was, at the
  time of the tenant's death, the sole occupant of a rental dwelling
  may terminate the tenant's rights and obligations under the lease
  and may vacate the leased premises and avoid liability for future
  rent and any other sums due under the lease for terminating the
  lease and vacating the leased premises before the end of the lease
  term if:
               (1)  the representative provides to the landlord or the
  landlord's agent written notice of the termination of the lease
  under this section;
               (2)  the deceased tenant's property is removed from the
  leased premises in accordance with Section 92.014(c) or (d); and
               (3)  the representative signs an inventory of the
  removed property, if required by the landlord or the landlord's
  agent.
         (b)  Termination of a lease under this section is effective
  on the later of:
               (1)  the 30th day after the date on which the notice
  under Subsection (a) was provided; or
               (2)  the date on which all of the conditions in
  Subsection (a) have been met.
         (c)  After receipt of the notice provided under Subsection
  (a), the landlord shall provide a copy of the written lease
  agreement to the person who provided the notice on written request
  of that person.
         (d)  This section does not affect the obligations or
  liability of the tenant or the tenant's estate under the lease
  before the lease is terminated under this section, including the
  liability of the tenant or the tenant's estate for:
               (1)  delinquent, unpaid rent; and
               (2)  damages to the leased premises not caused by
  normal wear and tear.
         (e)  A landlord or landlord's agent who lawfully permits a
  person described by Subsection (a) to enter or facilitates the
  person's entry into the leased premises under this section is not
  liable for an act or omission that arises in connection with
  permitting or facilitating the entry.
         SECTION 2.  Section 92.0162, Property Code, as added by this
  Act, applies only to a lease agreement entered into on or after the
  effective date of this Act. A lease agreement entered into before
  the effective date of this Act is governed by the law in effect at
  the time the lease agreement was entered into, and the former law is
  continued in effect for that purpose.
         SECTION 3.  This Act takes effect January 1, 2020.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 69 was passed by the House on April
  25, 2019, by the following vote:  Yeas 116, Nays 12, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 69 was passed by the Senate on May 22,
  2019, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor       
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